Heavy D
Su nombre es Heavy D. Heavy D tienes cuarenta y cuatro anos pero murio la semana pasada. El era de Nueva York pero vivo en Nueva York tambien. Es gordo y es muy talentoso. Le encanta comer y bailar pero no le gusta nada correr ni leer.
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Klarissa Hudson - tarea - 11/14/11
Se llama es Femi Sekhet. Es tiene 15 años. Es de Ancient Egypt pero vive en Wonderland. Esbastante bonita y deglada. Es siempre sociable y divertida. A ella le siempre encanta bailar y escuchar müsica y cantar. A ella no le gusta alguna vez ver la tele y jugar videojuegos. Sin embargo es mås o menos boba y loca. Femi también gusta salir con es novio.
John and Jaden. Tarea: 14/11/11
Aquí es John y Jaden, John como jugar a los videojuegos y ir a la escuela. También como Jaden le gusta salir con sus amigos y jugar con sus juguetes y leer. El amor fraternal es tan fuerte y los dos les encanta pasar tiempo con su tía. Me encantan estos chicos con todo mi corazón y nada puede cambiar eso. ♥♥♥
My Cooked Meal: Cinnamon Strousel
My famous Cinnamon Strousel
This meal was fairly easy to make because all that was really needed to make this was muffin mix but you could even use a cake batter to make the mix a lot thicker. I decided to make this meal or desert because I thought of something being able to coincide with the rest of the dishes being created as well as the overall idea of the dish being something that people would enjoy to eat. I believe that this dish is split down the middle in terms of ingredients being both whole and processed because some things like the muffin mix is a processed food ingredient because you don't find anything other than wheat in nature and so with that you have something being processed but as far as the cinnamon, the flour, the wheat all of those things are whole and unfiltered or not touched or messed with chemically. I feel as though overall this dish came out rather well and I did a good job in creating the dish and noticed that a lot of people enjoyed eating it as well as returning to get seconds, and so with that being said I believe this was a successful benchmark for me.
Reflection:
In this unit I learned about different origins of food and why food is looked at as both helpful for the world population but also very harmful and what exact ways it's been harmful to the world, I also learned about about different organizations and what exactly they are doing when it comes to looking at how food is made and what we're doing as humans when it comes to food consumption. When I look at what my role is in the larger food system I look at how I have an impact on not just what I eat but also what I do when it comes to purchasing food and how I can change that and look to purchase foods that might be organic or even all vegan foods but I also look at how I help move along the progression of food production and food sales by how many times I might purchase a certain product or by how many times I go to a fast food restaurant instead of staying in and eating. I feel as though the biggest problems with our food system is that we try to hard to speed up the process of certain things so that we can get more profit out of it but in fact we're doing the opposite and not only hurting the animals in the process by feeding them food that they aren't used to eating and in some instances not even supposed to be eating but we're also hurting humans by what then happens from animals and food being treated the wrong way ie. salmonila outbreaks and deaths etc, I also believe that big name companies are looking at the consumption of food as just something to get them money without really looking at the consequences of it all and what it can lead to. Some changes I could make to my food choices would probably be not to eat so much food that's heavy in fat or sodium and try to find alternatives and to also look and understand what it is I might be eating better so that I can control how much of it I eat or even decide whether thats a good choice to eat from the start, and then by me doing this and changing my eating habits people around me might start to do the same.
Food Rules Slide Picture:
The idea of the food rule slide came from looking at different weird but also unique foods and the thought that "would you eat something that you didn't really know what it was supposed to be"
1- 8x4 pan (greased)
2- eggs
1- cup of water
1/3 cup vegetable oil
1/2 cup of flour and milk
1 box of regular/plain muffin mix
grease bottom and sides of pan evenly and set aside, mix together ingredients with box of muffin mix until all ingredients and products are combined. Add cinnamon into the mixer as it is still blending together; heat oven to 350 degrees and place pan into the oven leave it in the oven for 25-40 minutes take out and let cool
Analysis:This meal was fairly easy to make because all that was really needed to make this was muffin mix but you could even use a cake batter to make the mix a lot thicker. I decided to make this meal or desert because I thought of something being able to coincide with the rest of the dishes being created as well as the overall idea of the dish being something that people would enjoy to eat. I believe that this dish is split down the middle in terms of ingredients being both whole and processed because some things like the muffin mix is a processed food ingredient because you don't find anything other than wheat in nature and so with that you have something being processed but as far as the cinnamon, the flour, the wheat all of those things are whole and unfiltered or not touched or messed with chemically. I feel as though overall this dish came out rather well and I did a good job in creating the dish and noticed that a lot of people enjoyed eating it as well as returning to get seconds, and so with that being said I believe this was a successful benchmark for me.
Reflection:
In this unit I learned about different origins of food and why food is looked at as both helpful for the world population but also very harmful and what exact ways it's been harmful to the world, I also learned about about different organizations and what exactly they are doing when it comes to looking at how food is made and what we're doing as humans when it comes to food consumption. When I look at what my role is in the larger food system I look at how I have an impact on not just what I eat but also what I do when it comes to purchasing food and how I can change that and look to purchase foods that might be organic or even all vegan foods but I also look at how I help move along the progression of food production and food sales by how many times I might purchase a certain product or by how many times I go to a fast food restaurant instead of staying in and eating. I feel as though the biggest problems with our food system is that we try to hard to speed up the process of certain things so that we can get more profit out of it but in fact we're doing the opposite and not only hurting the animals in the process by feeding them food that they aren't used to eating and in some instances not even supposed to be eating but we're also hurting humans by what then happens from animals and food being treated the wrong way ie. salmonila outbreaks and deaths etc, I also believe that big name companies are looking at the consumption of food as just something to get them money without really looking at the consequences of it all and what it can lead to. Some changes I could make to my food choices would probably be not to eat so much food that's heavy in fat or sodium and try to find alternatives and to also look and understand what it is I might be eating better so that I can control how much of it I eat or even decide whether thats a good choice to eat from the start, and then by me doing this and changing my eating habits people around me might start to do the same.
Food Rules Slide Picture:
The idea of the food rule slide came from looking at different weird but also unique foods and the thought that "would you eat something that you didn't really know what it was supposed to be"
EduCon 2.3 Friday Night Panel
Uncut video:
Su nombre es Greg Jones
Su nombre es Greg Jones. Tiene veintiocho años. Es de México pero vive en Puerto rico. Es delgado y inteligente. Le encanta ir a la escuela y trabajar. No le gusta nada bailar ni jugar videojuegos.
Su nombre es Greg Jones. Tiene veintiocho años. Es de México pero vive en Puerto rico. Es delgado y inteligente. Le encanta ir a la escuela y trabajar. No le gusta nada bailar ni jugar videojuegos.
Alex Pettyfer
Su nombre es Alex Pettyfer. Tiene veinte y uno años. Es de Australia pero vive en Hollywood. Es increiblemente hermoso y deportista. Sin embargo, es muy simpatico. Encantador, tambien. Le encanta salir con su novia (me) y escuchar música pero no le gusta nada jugar videojuegos ni ver la tele.
Tarea: 14/11/11
Se llama David Beckham. David Beckham es muy bonito. Es de England pero vive en California. Tiene treinta y seis. Le encanta fútbol. No le gusta nada baloncesto.
Su Nombre es Chase Utley
Su nombre es Chase Utley. Tiene trienta y tres años, sin embargo será trienta y cuatro años en diciembre. Su cumpleaños es el diciembre diecisiete. Es de Pasadena, CA pervo vivo en Filadelphia. Es alto y guapo. Es deportista y iinteligente. Le encanta béisbol y correr. No le gusta nada nadar y cantar.
Oprah...
Su nombre es Oprah Winfrey. Oprah tiene cincuenta y seite años. Es de Mississippi pero vivo Chicago. Ella es africano-americana y linda. Ella es trabajadora. Le encanta bailar y hablar. No le gusta nada mentirosos.
Mi Hermana, Selah
Se llama es Selah Ife. Tiene tres años. Es guapa y baja. Es de New Orleans pero vive en Filadelfia. Es mucho comica , sin embargo antipática. Le encantar juego Angry Birds y escuchar musica. No le gusta nada escuchar mama ni correr. Mi tambien.
National Meat Association vs. Harris
Constitutional question:
The constitutional question here is determining or not if the Federal meat Inspection Act, which basically allows slaughterhouses to keep animals that can’t walk for observation, for evidence of disease, does this prevent a state law that determines animals like that to be immediately killed.
Facts of the case:
· The Federal meat Inspection Act is basically an act that is concerned about animals that are going to become meat.
· Slaughterhouses in California.
· California made there own rules which is basically allowing them to handle or take care of or observe animals that cannot walk.
· The right to purchase animals like any type of receipts was also banned in California.
· Can’t sell meat if the animal was originally with the swine that didn’t allow it to walk.
· The animals that can’t walk are caused by transportation.
· 220,000 swine die during transportation
· 440,000 become unable to walk during transportation.
· Are animals suitable to turn into meat?
· Inspections?
· Humane treatment to animals that can’t walk. Do whatever they want to the animal.
Summary of the Arguments before the SCOTUS:
The argument before SCOTUS appears argues and states the overall points of the case. Mr. Wells, on behalf of the petitioner, states the rules that the California slaughterhouses have given themselves, which is basically handling animals that cannot walk. The case here is argued among Steven J. Wells, Justice Scalia, Justice Kagan, Justice Sotomayor and Justice Alito. One main thing that has come to their attention is the point in which California has banned all receipts for animals. Therefore not allowing any evidence of a purchase from an animal. The situation ended up leading to another case, which involved meat sales, receipts of purchase and such. Meat sales happens to be one of the main steps involved in the process of the slaughterhouse argues one person. Human treatment and food safety are other points made here. How is it that people could sit and sell food yet not knowing much about the health of the animal, this here can lead to health issues among people who buy the meat. The main focus now is the fact as to, why animals are unable to walk, which could be from transportation to the slaughterhouses and could be from the swine disease in, which the animals carry. There were multiple points brought up but the main one had to do with the process in, which animals become unable to walk.
Predictions on the outcome:
I am not sure what to thin actually I mean I completely disagree with the slaughterhouses in California and their rules. I believe they are the ones who will lose the case because of cruelty. Well not exactly cruelty to animals but the point as to, where they are handling and dealing with animals that can’t walk in the way they want to handle them.
Q1 Benchmark
Personal Reflection
In this unit a lot about what really goes on with food processing. From the videos I watched in class to the articles I've read, there are a lot of things that hidden from the public. I think that one of the bigger problems with our food system has to do with people of course, because honestly there isn't any other cause then the people. It's not like the things we eat can cause problems itself, it's the people that makes it, the people that is in charge of the food processing. Not only is it the people who are a part of the food making process, its those who eat the food that aren't speaking out about what's wrong with it. If no one cares about what they are intaking than, what they are eating isn't going to be changed. It also goes under laziness, because some people don't feel like actually preparing a healthy meal, so they rather eat fast food because it is convenient. There are a few changes I could make with some of my eating habits, and some of those things could be instead of eating as much candy as I do I could minimize the sizes. I also have a habit of drinking a lot of teas, so if i could maybe add a few more bottles of water to my diet it would make a difference. There wouldn't be that much sugar in my daily intake, I am more then willing to make the changes. However the only problem would be minimizing the amount of teas I drink, so like I said already I would just add water.
Ingredients
red potatoes
spinach leaves
mozzarella cheese
salt
pepper
onion powder
olive oil
butter
Directions
1. Boil potatoes until soft enough (20-30min)
2. Take potatoes out let them cool
3. Put olive oil in a sauce pan (let it heat)
4. Rinse spinach with water
5. Put the spinach in pan, after about 3min add cheese
6. Add salt, pepper and onion powder (when the cheese is completely melted it is done)
7. Cut a slit in the potatoes big enough to stuff them, and add butter inside so they won't get dry
8. Place potatoes on a baking sheet, and put them in the oven for 5-8min
9. When the potatoes are done, put the spinach in the inside.
10. That's it!
Analysis
The dish I made is more of a side but it can also be a meal if you were to add other ingredients to it. In my dish there aren't that many processed foods. The foods that were processed were the cheese and butter. This dish has a total of about 360 calories, which isn't that bad. However if I was too eat this everyday I would most likely gain a lot of weight, mostly because of the potatoes. Most of the ingredients in this dish are mostly from the U.S, but not all are grown locally. This dish was mostly commercial, but could have been organic. Depending on where the items are being bought, the total of everything should be no more than about 25 dollars at the most. This meal does cost more than fast food, but it still beats eating fast foods everyday. At the end of the day a dish like this a better selection.
Project Interview .
Project Intereview
http://dl.dropbox.com/u/2196173/mom%20voice.m4a
Benchmark Reflection
My Individual Part
The Entire Project
The Entire Project
- At the very beginning of the project, we collaborated and took a poll about what the project would be about. After that, we chose mail in voting and worked accordingly.
- As an individual, we can state our ideas to others. This can influence them to also do the right thing.
- At the beginning of this project, I didn't think that a solution to getting more people to vote could occur. However, after digging deeper into the options, I noticed that America still has hope. However, it seems unlikely that citizens will actually perform these options.
- We decided to make the campaign simple, but not powerful and stern. This will allow the reviewer to feel comfortable, but be very focused on the topic at the same time.
Northeast Philadelphia
This is my benchmark
Q1 AMGOV Benchmark - Story of a Bill "Campaign Finance Reform"
Reflection: (PDF Attached below)
Explain your decision making for choosing the bill.
At first I was just trying to find a bill just to get the benchmark done, but when i saw the bill I found, I was really interested in looking into it. I used to ask my mom and some of my teachers how come some people buy and bribe the voters with money, and how come no one's doing anything to stop it, and I always got the same answer: The laws around that only restrict some of the money being brought in. So when I saw the bill, and started researching, I not only was happy I found my answer to a question I've been thinking about, I also was able to actually be engaged in it and produce a benchmark that I felt was original, creative, and interesting.- Why did you choose the particular presentation format?
When I was little I used to do nothing but draw in my spare time, but as i grew up I kind of put it to the side, but I've always been interested in animations and cartoons. When Ms. Laufenberg said "don't make it boring" I thought at first, "how can i make it so people would actually be engaged in what i've made", and my first thought was "let's draw some cartoons". So what I did was I wrote each event at the bottom of the page, and on the top illustrated it as best I could, and I tried hard to make it pop out to the reader. I made it so even a kid could pay attention to it, but it could also be presented to adults - What challenges did you overcome in completing the project?
I didnt find my bill till a week and a half before the project was due. I had so much trouble finding a law, I was gonna just give up, and BS some random bill and call it a day. but when I found the one I liked, it was easy to stick with it and execute a plan for it's completion. The second problem I encountered was getting it scanned. When I was doing the project, I completely forgot it had to be electronically published, and I had hand drawn all my illustrations.. - How would you do the project differently if you had to do it over again?
I probably wouldve done it electronically, or established a plan to actually, draw and get the pictures scanned before the due date. I feel as if that was my fault for forgetting that. - What did the research and investigation tell you about the creation process... from idea to bill to law?
It told me basically the history of the actually "why" the bill was presented. It showed me that there was a problem going on in Politics, and people not only saw the problem, but moved to fix it. i feel like when people in government positions realize there is a problem that needs attention, they start coming up with ideas to better the law system so they can be in control of each and every problem that has arose over the years - Was the process easier or harder than you imagined based on your particular bill/law research?
Vietnam War
http://dl.dropbox.com/u/3451542/Vietnam/Home.html
Sarbanes-Oxley Act
My first law choice I had was about managing big businesses in America - The Sherman Antitrust Act. However this Act was old and had littlelegislative information backing it. I chose a more recent Act that had to do with the same topic on big company control. I wrote out a quick summary and saw that it'd be easy to read and record myself reading it. But then after i had the audio i thought it'd be easy enough to put pictures with it as well. I had challenges with researching and writing up the text behind it and gathering pictures as well which too a long time to find and load into the video. I would make it longer and add more photos as well if i had the chance. This was one of the quickest passed laws. It took less than a month to go from the planning state to actually releasing the law. It shows how many people wanted this kind of restrictions on businesses at that time. However the act contains some flaws and loopholes due to it's quick evaluation. The process that the two bills went through to become one. They created an entirely new committee to oversee the edits. Before then there was evaluation and then either a yay or nah to the bill. Now the congress has power to create a new bill made up of two or more very closely similar bills.
Figure and Clear Object.
The first drawing, is a figure drawing of a student in my art class. We had to draw her at the angle was standing. At first is was hard and I didn't know where to start but after a while I got the hang of it. I wasn't finished the drawing because I was more focused on getting the proportion correct on the body shape. I didn't like this art project very much but it was fun to draw.
We had to draw a clear or see through object for the next assignment in class. At first before I even started drawing I thought it would be impossible. After a brief explanation and video, I went right to work. Drawing a clear is nothing but light and dark toning used with charcoal.
We had to draw a clear or see through object for the next assignment in class. At first before I even started drawing I thought it would be impossible. After a brief explanation and video, I went right to work. Drawing a clear is nothing but light and dark toning used with charcoal.
SCOTUS Case: Gonzales v. Thaler
- Constitutional Question
- Was there jurisdiction to issue a certificate of appealability under 28 U.S.C. § 2253(c) and to adjudicate Gonzalez's appeal?- Did the application for a writ of habeas corpus run out of time under 28 U.S.C. § 2244(d)(1) due to the date on which the judgment became final by the conclusion of direct review?
- Facts of the Case
- Gonzalez was convicted of murder in Texas, June 14, 2005 in a 1995 shooting and was sentenced to 30 years in prison.
- It actually took them six years to indict him on that murder rap.
- He filed for an appeal in the Texas intermediate court of appeals which was the same court that confirmed his conviction July 12, 2006.
- Only problem with that was that his lawyer did not file a petition for another review of his case with the Texas Court of Criminal Appeals within the 30-day time limit given by state law.
- Because that got messed up, on July 19th, 2007 Gonzalez filed in a Texas state court for the right to appeal. The courts denied his appeal on November 21, 2007.
- So because of that, on January 24th, 2008, he filed another petition to appeal in the U.S District Court for the Northern DIstrict of Texas and now here he is trying to get his case heard for his right to appeal. - Summary of the Arguments before the SCOTUS
- Basically Gonzalez argues that if the Supreme Courts sides with the state courts, the time for petitioners will be running out before they legally get the right to actually appeal which is unacceptable and unjust. Also he argued that the courts denied his petition for appeal but it took them a year to actually finalized his conviction. With being said there is no way he could have filed for an appeal if they hadn't even finalized his sentence. - Predictions on the outcome
- I think that because they denied his claim based on a stupid technicality that he just might be granted the appeal on top of which the timing issue makes no sense the way it was handled so he's bound to get the appeal granted.
Citations
"Gonzalez v. Thaler | The Oyez Project at IIT Chicago-Kent College of Law." The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. 03 Nov. 2011. Web. 11 Nov. 2011.
Shay, Giovanna. "Argument Preview: Another Technical AEDPA Case Implicating State Postconviction and Counsel." SCOTUSblog. 26 Oct. 2011. Web. 17 Nov. 2011.
Shay, Giovanna. "Gonzalez v. Thaler: Justices Focus on COA Issue." SCOTUSblog. 03 Nov. 2011. Web. 17 Nov. 2011.
Mi libro Beso
¿Como mantener tu identidad en entre tu transformación?
En mi libro la protagonista es un chica, se llama Shauna, que no
recuerdes nada de los últimos seis semanas. Ella estaba en un coma, puede
recordar todos de los acontecimientos recientes, pero ninguno de seis semanas
atrás. Ahora en mi libro la ella esta transformando de una identidad al otra,
usando la ayudar de su familia de que puede confiar.
¿Cuál es el tema central de la novela? (por ejemplo: la realidad
y la fantasía)
Es un libro de realidad, el tema central es superando
todos de los pronósticos y perseverancia.
Hay un tema
subyacente de amor y familia también, cual es importante muy pero no es tan
importante que la otra mensaje o tema.
◦
Concentrando en el tema, ¿hay una pregunta de investigación como una
pregunta esencial que corresponde a la novela? (ejemplo: ¿Es posible encontrar
un ideal en lo real?)
◦
Para mi libro la pregunta de investigación es resistencia o teniendo
la capacidad para adaptarse de una situación malo. Y sí es posible encontrar mi ideal en realidad, no como la
tipa de televisión. Situaciones malos
pasan a menudo en la vida para la mayoría de la gente, incluso los que parecen
como están más rico o justo una situación mejor. Pero los que se van, irse muy
fuerte.
¿Qué paso entre Shauna y su padre?
¿Qué paso al Rudy, su hermano?
¿Cómo va a
sobrevivir cuando ella no sabe lo que pasó en la actualidad?
¿Qué son otros
ejemplos que una buena persona se enmarcada y sin nadie a recurrir?
◦
¿Cuáles son tres ejemplos de la novela que corresponden a la pregunta
de investigación? Escribe las citas directas con los números de la
página.
◦
Ejemplo uno: En el
principio hay una escena donde la protagonista, Shauna, esta hablando con un
terapeuta sobre finalmente visitando su padre, Landon. Ella esta en una relación de
amor odio retorcido que no puede separarse porque de su
hermano, Rudy, que está en peligro.
“Era irónico que
Shauna McAllister hubiera esquivado la muerte para acabar en coma.
-Fácilmente puedo
llegar ahora hasta ella. Estará muerta en una hora.
-No. Cambio de
planes. Nuestra manos están atadas. Te explicaré más tarde, pero por ahora es
mejor que permanezca con vida./¿Y cuando vuelva en sí?
-Con un poco de
suerte, lo habrá olvidado todo.
-Yo no hago negocios
con la suerte.”
(Esta en Página 8)
Ejemplo dos: En
capítulo uno hay un conversación entre Shauna, su tíos y dos doctores. Shauna
justo Susana acaba de despertar de su coma. Los doctores van a
través del protocolo normal, están hacerle preguntas acerca de lo
que ella recuerda, se dan cuenta de algo muy
extraño en su pérdida de memoria. Ella
no recuerda un período de tiempo específico. También le pregunté por
qué se podría haber encontrado rastros de éxtasis en
su sangre. Prácticamente preguntando Shauna si ha cometido
un crimen sin nadie a quien recurrir. Es como que atrapándola en una situación.
“-Quiero
decir cuánto tiempo he estado aquí. Él dudo.
-Seis
semanas.
-¿Seis
semanas?/
-
No recuerdo nada de eso.
-No
es extraño. Él miro su reglo de pulsera.
-14
de octubre. Domingo. Viniste el 1 de septiembre.
-Septiembre.
-Trató
de recordar agosto.
-Nada.
Julio.
-Nada,
Más lejos.
-Nada.
/
Seis
semanas desde…
¿Desde
que?
Viajó
a Guatemala. Eso Fue cuándo, ¿en marzo?
(Esta
en páginas 12-14)
Ejemplo
tres: En
capítulo tres Shauna todavía esta en el hospital con su tía y tío y los
doctores acaba de salir por eso los pueden decirle malas noticias. Les dicen
que Shauna ha sido acusado de herir su hermano y posesión de drogas(éxtasis).
“Y el tío Trent,
Trent Wilde, un amigo de la familia. No es realmente mi tío./ ¿En su casa? La acusación
de Patrice de que había herido a Rudy intencionadamente aterrizó en la mente de
Shauna. / Te acusando de posesión y conducta temeraria.”
(Esta en páginas
24-25)
Como es mi libro
1. la información básica del libro (el
título, el/la autor, etc.)
Mi libro se llama Beso por Ted Dekker y Erin Healy
Mi libro se llama Beso por Ted Dekker y Erin Healy
Me elegí este libro después yo ya
había elegido un otro libro pero fue demasiado difícil, por eso yo cambié a
eso. Yo leí el primero página y el parte posterior de la cubierta, el libro parecía
muy interesante porque se había amor y acción en el mismo libro. Pienso que es
asombroso.
Me gusta mucho del libro y del
tema pero no me gusta la
traducción de Inglés al Español, es muy
enojoso para leer un libro con gramática más peor que la tuya y soy un
estudiante que está aprendiendo español y muchas palabras y nombres que no son
necesarias. Además de que, me gusta mi novela mucha.
Que depende
de su nivel de comprensión y la cantidad de palabras que usted
conoce o si usted tiene una comprensión básica de la lengua
entonces muchos libros como esto serán fáciles. Pero, si usted no sabes muchas
palabras trata entender la mensaje en conjunto después de leyendo la oración.
Luego trata a armar la oración en Inglés, escribe las palabras y frases para
usar luego y si llegar más tarde en su libro.
LAFLER V. COOPER: SCOTUS CASE
According to http://www.scotusblog.com/case-files/cases/lafler-v-cooper/ the case Lafler v. Cooper is about When a criminal defendant turns down a plea offer based on seriously deficient advice from his lawyer, and then receives a harsher sentence after being convicted by a jury after a fair trial, can the defendant later seek to overturn his sentence on the ground that his counsel was unconstitutionally deficient in advising him to reject the more generous plea offer? If so, what is the proper remedy for ineffective assistance of counsel in that situation?
According to http://www.americancriminallawreview.com/Drupal/blogs/blog-entry/lafler-v-cooper-attorney-mistakes-plea-bargaining-and-remedies-09-25-2011 the way this case came about is Among other charges, the respondent, Anthony Cooper, was charged with Assault with Intent to Murder for shooting Kali Mundy and inflicting life-threatening injuries. Although Cooper had aimed the gun at Mundy’s head, the bullets ended up hitting her in the buttocks and thighs. After the preliminary hearings, the prosecutor communicated an initial plea offer to Cooper’s attorney that allowed Cooper to plead guilty to assault with intent to murder and face a minimum sentence of 51 to 85 years imprisonment.
Cooper testified that he wanted to plead guilty but that his attorney advised him not to take the deal. Cooper’s attorney informed him that because the victim was shot below the waist, the government could not prove an assault with intent to commit murder charge. The prosecutor later offered a second plea deal of a minimum sentence of 126 to 210 months but Cooper again rejected the plea based on his attorney’s advice. The case went to trial and the jury found Cooper guilty on all crimes charged. He was sentenced to 185 to 360 months of imprisonment.
Sixth Amendment to the United States Constitution
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
This goes with is case because this amendment shows that a person on trial has the rite to have a say so in his or her case no matter what even if there is a error and has the rite to speak up. So because a attorney does not make the right decision he or she has the rite to speak up and say he or she objects.
Gonzalez v. Thaler: SCOTUS Case
Main Issue: Can the court of appeals intervene in a federal habeas case? And when does the statute of limitations for federal habeas claims begin?
One June 2nd of 1995, Robert Velasquez was murdered in a drive-by shooting, in which Rafael Gonzalez was labeled as one of the men in the two cars involved in the shooting, and thus an accomplice, if not the perpetrator of the murder. Officers tried to arrest Gonzales at his last known address, but unbeknownst to detectives, Gonzalez had left the country. After failing to apprehend Gonzalez at any known addresses, no further attempts to locate him were made until six weeks later detectives were told that Gonzalez was in Guatemala. Shortly thereafter the U.S embassy in Guatemala was informed of Gonzalez's actions and general whereabouts, but no further action was taken to apprehend him.
Six years later the extradition process begins, but he is not extradited until July of 2004, nine years after the murder. On July 15th of 2005, Gonzalez is put on trial. At this trial, he attempts to have the case dismissed on the grounds that this trial violates his 6th and 14th amendments, which guarantee him a speedy trial. In addition, he adds that because he was unaware that he was charged with murder for most of those ten years, he was unable to prepare a proper defense for the case. Ultimately he was convicted and sentenced to 30 years in prison. After sentencing, he filed many habeas corpus appeals, which in short protect a person from unlawful detention, as he saw because of the lack of a speedy trial, violating the 6th and 14th amendments. The appeals climbed the judicial ladder until it finally arrived at United States District Court for the Northern District of Texas. However, because the appeals had not had any approval on it's journey here, there was no 'renewal' for the expiration date, so the claim was long expired, and thus discarded on those grounds, with little consideration to the constitutional issue it brought up. He then filed an appeal addressed to the district court, requesting a certificate of appealability. This was denied on grounds of being untimely as well, so in turn he filed a request with the court of appeals for a certificate of appealability. Ultimately, this request was granted, and Judge Garza signed a certificate of appealability. This has caused quite a lot of rabble, and has brought up a large question: Should courts dismiss constitutional claims on procedural bases without any real investigation of the constitutional claims?
I'm not quite sure what to think of this. Logically, I believe he should stay in jail because he was involved in a murder, but procedurally he should walk free because he was denied the constitutional right to a prompt and speedy trial. This case is really quite a mess and it's very hard to predict the outcome. If it were a small crime, then I think certainly the charges would be dropped due to the constitutional issues, but because it's murder it's much more complex. I think that this case will come down to very small details, but I think he stands a chance of winning it due to his persistence.
One June 2nd of 1995, Robert Velasquez was murdered in a drive-by shooting, in which Rafael Gonzalez was labeled as one of the men in the two cars involved in the shooting, and thus an accomplice, if not the perpetrator of the murder. Officers tried to arrest Gonzales at his last known address, but unbeknownst to detectives, Gonzalez had left the country. After failing to apprehend Gonzalez at any known addresses, no further attempts to locate him were made until six weeks later detectives were told that Gonzalez was in Guatemala. Shortly thereafter the U.S embassy in Guatemala was informed of Gonzalez's actions and general whereabouts, but no further action was taken to apprehend him.
Six years later the extradition process begins, but he is not extradited until July of 2004, nine years after the murder. On July 15th of 2005, Gonzalez is put on trial. At this trial, he attempts to have the case dismissed on the grounds that this trial violates his 6th and 14th amendments, which guarantee him a speedy trial. In addition, he adds that because he was unaware that he was charged with murder for most of those ten years, he was unable to prepare a proper defense for the case. Ultimately he was convicted and sentenced to 30 years in prison. After sentencing, he filed many habeas corpus appeals, which in short protect a person from unlawful detention, as he saw because of the lack of a speedy trial, violating the 6th and 14th amendments. The appeals climbed the judicial ladder until it finally arrived at United States District Court for the Northern District of Texas. However, because the appeals had not had any approval on it's journey here, there was no 'renewal' for the expiration date, so the claim was long expired, and thus discarded on those grounds, with little consideration to the constitutional issue it brought up. He then filed an appeal addressed to the district court, requesting a certificate of appealability. This was denied on grounds of being untimely as well, so in turn he filed a request with the court of appeals for a certificate of appealability. Ultimately, this request was granted, and Judge Garza signed a certificate of appealability. This has caused quite a lot of rabble, and has brought up a large question: Should courts dismiss constitutional claims on procedural bases without any real investigation of the constitutional claims?
I'm not quite sure what to think of this. Logically, I believe he should stay in jail because he was involved in a murder, but procedurally he should walk free because he was denied the constitutional right to a prompt and speedy trial. This case is really quite a mess and it's very hard to predict the outcome. If it were a small crime, then I think certainly the charges would be dropped due to the constitutional issues, but because it's murder it's much more complex. I think that this case will come down to very small details, but I think he stands a chance of winning it due to his persistence.
