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Who led the freedom summer project in mississippi

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paul powell resume Executed March 18, 2010 9:09 p.m. by Electric Chair in who led the freedom summer in mississippi, Virginia. 11th murderer executed in U.S. in 2010. 1199th murderer executed in U.S. Essay Meet Assistant! since 1976. 1st murderer executed in who led in mississippi, Virginia in 2010. 106th murderer executed in Virginia since 1976. (Race/Sex/Age at Murder-Execution) (Race/Sex/Age at Murder) Powell described how he went to the home of 16 year old Stacie Reed because he was angry at her for having a black boyfriend. He attempted to rape her and then stabbed her in the heart when she fought off his advances. Afterward, Powell went downstairs, smoked a cigarette, drank some iced tea and waited for her 14 year old sister, Kristie, to come home from school.

When she arrived, he raped her, slit her throat, stabbed her and left her for dead. When police reached her, they asked who had done this to her. Kristie mouthed two words: Paul Powell. Kristie survived and testified against is smoking bad for you, Powell. Powell's first capital murder conviction was thrown out on appeal when the court ruled that there was insufficient evidence to prove that he had attempted to rape Stacie.

Believing he no longer could face a death sentence, he wrote the who led the freedom project Prosecutor an free patterson books, abusive letter in which he admitted he attempted to rape Stacie and boasted about the crimes in horrific detail. Powell v. Who Led The Freedom Summer! Commonwealth , 552 S.E.2d 344 (Va. 2001) (Direct Appeal-Reversed). Powell v. Essay About Meet My New! Commonwealth , 590 S.E.2d 537 (Va. Project! 2004) (Direct Appeal). Powell v. Warden of teens, Sussex I State Prison , 634 S.E.2d 289 (Va.

2006) (State Habeas). Powell v. Kelly , 562 F.3d 656 (4th Cir. 2009) (Federal Habeas). Not released to the public. Powell executed for teen’s 1999 murder in Manassas, by Frank Green. Summer Project In Mississippi! (March 19, 2010) JARRATT -- Paul Warner Powell died in the electric chair last night for teens sex stories, the 1999 capital murder of a 16-yearold girl in her Manassas-area home. Powell, 31, was sentenced to death for the Jan. Who Led In Mississippi! 29, 1999, slaying of Stacie Reed, who was stabbed to death with a survival knife. After killing her, Powell then waited for her 14-year-old sister to return home from school, raped her, cut her throat, and left her for dead. Kristie Reed lived and testified against him. Given a chance to make a last statement, Powell declined.

The girls' mother, Lorraine Reed Whoberry, and Kristie were among the witnesses to Powell's electrocution. Two Ways A Woman! He was pronounced dead at who led the freedom summer project in mississippi 9:09 p.m., Larry Traylor, spokesman for the Virginia Department of Corrections, said outside the Greensville Correctional Center where executions are carried out. A half-dozen members of Virginians for kilbourne, Alternatives to the Death Penalty held a candlelight vigil in a field near the prison. They prayed for Stacie Reed and expressed their opposition to summer project the death penalty. On Wednesday, Stacie's loved ones got to hear Powell express something for in The examples, which they had waited 11 years: He said he was sorry. Whoberry, who now lives in Cincinnati and was in the Richmond area on the freedom summer in mississippi her way to witness the execution, revealed yesterday that she had a conference call with Powell the previous day. He was able to say he was sorry, and Alcoholism Swimmer, by John, he made the point several times that [the crime] was senseless, it was pointless. . Who Led The Freedom Summer Project! . . He couldn't really give us a reason why, she said. I think it was heartfelt. A Woman Can Get Kilbourne! It wasn't a big to-do thing.

It was just a simplistic, 'I'm sorry,' and I accept that, Whoberry said. Powell's lawyer Jonathan P. Sheldon said immediately after the who led the freedom summer execution that the in The examples man that was executed tonight was a different person from the person who committed these crimes 10 years ago. Sheldon said Powell was extremely remorseful and knew he was the only one to blame for what happened. Prince William County Commonwealth's Attorney Paul B. Ebert, a witness to the execution, said: It's a relief he won't be able to who led the freedom summer in mississippi taunt any victims anymore. Whoberry's call with Powell was made in Sheldon's Fairfax County office and was attended by Kristie and Essay Assistant, other family members. Whoberry said one of her sisters, Theresa Davidson of Texas, kind of facilitated the conversation. The call lasted, with some interruptions, for an hour to an hour and a half. As the conversation went on, he was able to open up a little bit more.

He wasn't belligerent, he didn't raise his voice. It was very civil, she said. The questions that we asked, he answered to the best of his ability. Who Led Project In Mississippi! I did ask him at Swimmer, Essay some point if he had forgiven himself, and he got emotional and who led the freedom summer project in mississippi, he said, 'No.' And I said, 'Well, I hope your relationship with God is something that you can work through . . . Free Books! before tomorrow night,' and we let him know that we are praying for him and his mom, his family, Whoberry said. Sheldon said last night that he and who led the freedom summer, Whoberry hoped to work together to get legislation passed that would enable loved ones to Essay Meet visit with inmates on death row. He said that the the freedom project conference call was so productive for both sides. . . . It allowed him to take responsibility and to teens show remorse. However, he said, it being over the telephone took something away from it.

Whoberry said she has forgiven Powell, for who led project in mississippi, her own sake, and that she had hoped to gay couples be allowed meet with him. Authorities denied permission for a meeting with Powell, who was abusive toward the family and law-enforcement officials in letters after his arrest. Powell's first capital murder conviction was thrown out on appeal. The Supreme Court of Virginia ruled that even with Kristie's rape, Powell had to have raped or attempted to rape Stacie to be convicted of capital murder. Believing he no longer could face a death sentence, he wrote Ebert an abusive letter in which he admitted he attempted to who led in mississippi rape Stacie and boasted about the crimes in horrific detail. The letter provided grounds for Powell to be tried again for james, capital murder and sentenced to death.

All of his appeals were rejected, and Gov. Bob McDonnell turned down his clemency request last week. Who Led The Freedom Project! Powell boasted about the crimes in his letter to Essay Meet My New Ebert. It was heart-wrenching to who led the freedom summer project in mississippi read that letter. To know a lot of the details that we couldn't prove or didn't know in the first trial, Whoberry said earlier yesterday at teens a news conference in Henrico County. It was horrible, but I also knew he had signed his own death warrant, she said. The news conference also was attended by Kristie, Whoberry's husband, her mother and two sisters, all of whom were slated to witness the execution. This is the day we've been waiting for, for 11 years, Whoberry said yesterday afternoon. There really aren't any words to express how I feel right now. . . . I know that for myself, it's been a long road. Hopefully, when this is done and it is final, we can look back and find the who led the freedom project positive things that came out of this that we strived so hard to is smoking paper make happen. Who Led Project In Mississippi! My thoughts and prayers go out to his family.

This is going to close a chapter in this journey that we've been on, she said. About Assistant! I can't imagine what he is feeling, she said around 4 p.m. But, again, it was his decision to do what he did, not mine. Summer! I know that justice will be served according to whatever God has in mind for him. Powell chose to die in the electric chair instead of by injection. Virginia death row inmates were given the choice starting in patterson books, 1995. If an inmate refuses to the freedom summer choose, injection becomes the default method. Two cycles of electricity are used in executions, each lasting 90 seconds with a slight pause between them. Books! Since the choice was made available, 76 inmates have died by injections and now six by electrocution. Powell's execution was the the freedom project 106th in is smoking paper bad for, Virginia since the U.S.

Supreme Court allowed the who led the freedom summer project in mississippi death penalty to paper bad for resume in 1976. His death leaves 12 men and one woman sentenced to death in the state. Traylor said Powell spent his last day meeting with his immediate family members and lawyers. He said Powell has spiritual advisers, but as of who led the freedom, early yesterday afternoon he had not met with them. Before the execution yesterday, Ebert said the process has been difficult for Stacie Reed's family. He said that after the execution, I'm hopeful they will have some solace and Alcoholism Swimmer, by John Cheever, some closure and will go on about their lives.

Man who bragged about crime executed, by Dena Potter. (Associated Press March 19, 2010) JARRATT - A man who killed a teen girl and who led the freedom summer project in mississippi, then bragged about it to prosecutors once he thought he could not face the death penalty was executed Thursday. Paul Warner Powell, 31, died by electrocution at 9:09 p.m. at Greensville Correctional Center in Jarratt. He chose electrocution rather than lethal injection. Powell appeared emotionless as guards strapped him to the oak chair and attached metal clamps to his right calf and head. When asked if he had any last words, he remained silent and stared at teens sex stories the ceiling. Powell was convicted in 2000 and sentenced to death for fatally stabbing 16-year-old Stacie Reed of Manassas. He also raped and attempted to kill her 14-year-old sister. The Virginia Supreme Court overturned that verdict, and Powell wrote a taunting letter to prosecutors detailing the crime. Project! He was convicted again in Cheever Essay examples, 2003. In his four-page, profanity-laced letter to Prince William County Commonwealth's Attorney Paul Ebert, Powell described how he went to Stacie's house because he was angry at her for having a black boyfriend.

He wrote that he attempted to rape her and the freedom summer project, then stabbed her in two ways a woman hurt kilbourne, the heart when she fought off his advances. Afterward, Powell went downstairs, smoked a cigarette, drank some iced tea and the freedom summer in mississippi, waited for is smoking, her younger sister, Kristie, to come home from school. He raped her, slit her throat, stabbed her and left her for dead. Kristie survived and testified against Powell. The Associated Press usually does not identify victims of sexual assault, but Kristie, now 25, gave permission for her name to be used.

Kristie and the girls' mother, Lorraine Whoberry, witnessed the execution with Ebert, who said he believed they got some solace from the execution. Being able to witness him leave the earth was an who led the freedom summer project in mississippi, emotional experience for them, but an in The Swimmer, by John Cheever examples, experience that gave them a lot of relief, he said. Earlier Thursday, Whoberry remembered Stacie as a friendly, headstrong girl who decided as a freshman in high school she wanted to be the first female Navy SEAL and a week later shaved off all her hair. During an afternoon news conference, Whoberry said she hoped the who led the freedom summer project in mississippi execution would close a chapter in the journey we've been on. Kristie declined to make a statement. Later, the family told the Richmond Times Dispatch that they talked with Powell by phone for more than an hour on Wednesday.

He was able to paper you say he was sorry, and he made the point several times that (the crime) was senseless, it was pointless . he couldn't really give us a reason why, Whoberry told the newspaper. It was just a simplistic, 'I'm sorry,' and I accept that. Whoberry said Powell told her he had not forgiven himself and she told him she hoped he could reconcile with God before the the freedom project execution. We let him know that we are praying for about Meet My New Assistant, him and his mom, his family, she said. Powell's attorney, Jonathan Sheldon, said Powell was extremely remorseful for the freedom summer in mississippi, his crime. When asked why Powell did not make a final statement, Sheldon said, He made a last minute decision and said, 'You know, the free patterson books people who need to hear from me heard from who led the freedom in mississippi me.' Powell was the second consecutive Virginia inmate to choose electrocution over lethal injection. Larry Bill Elliott was electrocuted in November. Sheldon said many inmates fear that the Essay about Meet My New three-drug lethal cocktail used in injections won't be administered correctly and that they'll suffocate. If not done properly, an inmate could be paralyzed by one of the three drugs used and yet conscious while another of the drugs kills, Sheldon said. Of the 35 death penalty states, seven Southern states still offer electrocution.

Powell was the 106th Virginia inmate executed since the U.S. Supreme Court reinstated capital punishment in who led summer project in mississippi, 1976. Only Texas, with 451, has executed more inmates. Virginia executes man in 1999 murder of woman, rape of her sister, by Josh White. (March 19, 2010) Kristie Reed was on the basement floor, her throat and wrists slashed. Her older sister, Stacie, was upstairs, dead from a stab wound to the heart.

When police reached Kristie, who was then 14 years old, an gay couples be allowed to adopt, officer leaned in project, and asked who had done this to books her. Kristie mouthed two words: Paul Powell. On Thursday night, more than 11 years later, Paul Warner Powell, 31, was executed in Virginia's electric chair. He was declared dead at the freedom summer in mississippi 9:09 p.m. Two Ways Hurt! The Jan. 29, 1999, murder of summer in mississippi, one sister and the rape and near-slaying of the other in free patterson, Manassas were among the most notorious crimes in the region's recent history. Besides the savage attacks, the who led case was known for Powell's boastful jailhouse letter to Prince William County's chief prosecutor, which provided the crucial evidence that resulted in Thursday's execution. But it was Kristie Reed's eyewitness account that led to Powell's arrest and admission just hours after the slaying. She is left with decade-old memories of her sister and a neck laced with what she calls battle scars.

Formerly against the death penalty, Kristie eagerly awaited Powell's execution. I need to know that he's gone, that we don't have to deal with this anymore, said Kristie Reed, now 25 and an advocate for paper you, rape victims. Summer! I was totally against the death penalty before this happened, and a woman by jean, I didn't know why people would want to do it. But those people haven't been through what we've been through. The Freedom Summer! Now I'm totally for it.

He definitely deserves to is smoking paper you die. In Mississippi! He needs to paper you die for what he did to Stacie. In the summer end, Powell was silent. The man who was defiant throughout the legal proceedings decided to say nothing after guards strapped him into the oak electric chair in the Greensville Correctional Center. Should To Adopt! He stared ahead when asked whether he wanted to who led summer in mississippi say anything. Stacie's and Kristie's mother, Lorraine Reed Whoberry, said that the family spoke with Powell by phone Wednesday and that he expressed remorse in his own way.

Powell acknowledged that the crime was a senseless and pointless thing and said he was sorry, she said. The family witnessed Powell's execution, and Whoberry said she was glad she did because now she knows he is gone. Justice was served, and this chapter has closed, she said. It has been a long decade for Kristie Reed and Whoberry, who have suffered through nearly unbelievable twists and Alcoholism in The Swimmer, Cheever Essay examples, turns. The Freedom! Powell had taunted them with vulgar letters from teens sex stories jail that included threats to kill them. The Freedom Summer In Mississippi! And the legal case was emotional and difficult. Two Ways A Woman Can Get By Jean Kilbourne! After Kristie Reed took the who led stand to testify against Powell in Essay Meet, 2000 -- she never looked him in the eye -- prosecutors secured the first conviction and death sentence. At the hearing in which the judge imposed the jury's sentence, the forewoman testified on Powell's behalf, saying that she loved him and had made the project wrong decision. In 2001, the Virginia Supreme Court threw out two ways hurt Powell's death sentence, ruling that the murder of one girl and the rape of another could not be considered the same crime -- a factor necessary for the death penalty. After the ruling, Powell wrote an insulting letter to prosecutors.

But in it, he admitted that he had tried to rape Stacie Reed, too. That admission tied Stacie's attempted rape to her slaying and led prosecutors to re-indict him. The Freedom Project! He was convicted and sentenced to death a second time after another full trial in 2003. Through it all, Powell egged on Prince William County Commonwealth's Attorney Paul B. Ebert, who has now sent 10 people to Virginia's death chamber, nearly 10 percent of all people executed in the state since capital punishment was reinstated in 1982. Alcoholism By John Essay Examples! Usually unflappable, this case has brought Ebert to tears at times and has made him so close to who led the freedom summer in mississippi the Reeds that they consider him part of their family. Post reporter recounts Paul Powell's execution, by Josh White. (March 19, 2010; 8:00 AM) I was on the scene in Manassas on Jan. 29, 1999, shortly after 16-year-old Stacie Reed was murdered and paper bad for, her younger sister was raped and nearly killed in the freedom summer project, their home. It was the first major crime I covered for The Post.

The crime itself was shocking: Two young girls brutally attacked in their own home by a man not. much younger than I was. Two Ways A Woman Can Get Hurt! It began an 11-year journey that included nearly unbelievable twists at almost every stage of the case against Paul Warner Powell, who was executed in Virginia on Thursday night. The trial is the only time I’ve ever seen a member of the jury testify on project behalf of the defendant. It is the only case I’ve covered during which the defendant sent vulgar and intimidating letters to the family of his victims. And it is the only case I’ve ever heard of that involved a defendant beating his death sentence -- only to gay couples be allowed to adopt turn around and admit additional elements of the crime to a prosecutor, which then led to another death sentence. It was also one of those rare cases in which there was no question who the assailant was -- Kristie. Reed survived the attack and identified Powell -- and that he did, in the freedom, fact, commit the crime. There was overwhelming physical evidence, and about Meet Assistant, he fully confessed shortly after he was caught. The case came to a conclusion with Powell’s execution in Virginia’s death chamber at the Greensville Correctional Center in Jarratt. He was 31 years old.

I have previously described an electrocution in Virginia’s electric chair, as I witnessed Larry Bill Elliott’s execution in November. This one was quite similar. Powell was moved from death row at nearby Sussex I prison in southern Virginia a few days before the execution and put in one of three cells that directly adjoin the the freedom summer project death chamber in Greensville’s “L Unit.” There, leading up to his death, he was able to meet with with his mother and brother and his lawyers. On Wednesday, Powell spoke to Kristie Reed and her mother, Lorraine Reed Whoberry, in a meeting that Powell’s lawyer, Jon Sheldon, arranged. The family went to Sheldon’s office in Fairfax and was able to should be allowed to adopt speak with Powell by phone. Whoberry said Powell was remorseful “in his own way,” stumbling through an apology during which he said the the freedom summer in mississippi crime was “senseless and pointless.” But the man who had sent Whoberry a naked photograph of a woman and compared her to her dead daughter, and who sent obscenity-laced letters to prosecutors, was this week taking responsibility and saying he was sorry. Sheldon said the Essay about Assistant phone call was “very, very powerful” and showed Powell’s understanding that what he did was horrifying and shameful. But the phone call produced no answer to why the attack happened. “There is no why,” Sheldon said. “He was rejected by everyone in his life, he had no real friends and no family support. There isn’t a satisfying answer and it’s extremely frustrating. Stacie rejected Paul, and for very good reason.

He just couldn’t take another rejection.” Powell spent Thursday preparing to die. His head was shaved, as was his right leg, where sponge-lined contacts are placed to complete an electrical circuit. Sheldon said Powell barely ate, and his last meal request was not released to the public. Who Led The Freedom Summer Project In Mississippi! Media witnesses entered the death chamber at 8:40 p.m. We were led into a small room inside the chamber. The room is lined with reinforced glass and has 20 hard plastic chairs in four tiered rows that face the electric chair. At 8:53 p.m., Powell, handcuffed, entered the room with four guards through a door to the right of the room.

He wore the same light blue shirt and two ways hurt by jean kilbourne, dark blue pants that all condemned inmates in Virginia wear. The right pants leg was cut off above the knee. He wore flip-flops. Powell looked gaunt and pale. The Freedom! He had a stern look and held his chin high. Is Smoking Paper Bad For You! He was placed in who led the freedom in mississippi, the chair and a total of six guards affixed eight straps around his ankles, wrists, upper arms, waist and chest. A clamp was attached to his right leg below the knee, and a metal skullcap was placed on his head with a chin strap. Powell swallowed hard and his eyes darted around the room. At 8:58 p.m., an official switched on a microphone in the room and Powell was asked if he had anything to say. He just stared straight ahead and said nothing.

A minute later, a face mask was put in place, covering him from be allowed forehead to chin with just his nose exposed. A guard wiped his face and leg with a white towel. After a key was turned in the far right rear of the room, activating the system, a man concealed in an adjoining room hit the “execute” button on a machine that was described as being about the size of the freedom summer, a top-loading clothes washer. It was precisely 9 p.m. There was a thump as Powell’s body jerked back into the chair. His hands clenched into tight fists and veins swelled as his arms turned red. Smoke rose from his leg. Officials said 1800 volts at 7.5 amps -- about 13,500 watts, or enough to teens power 135 100-watt lightbulbs -- flowed through his body for 30 seconds. Project In Mississippi! That was followed by 240 volts at 1 amp for 60 seconds. The cycle repeated. With the second major jolt, smoke and sparks emitted from patterson Powell’s right leg.

His knee appeared to summer in mississippi swell and about, turn purple. His knuckles went white. At 9:03, the who led in mississippi electricity stopped. Everyone waited in silence for bad for, five minutes. At 9:08, a guard walked up to Powell and opened his shirt. A doctor emerged from a door on the left side of the room and placed a stethoscope on Powell’s chest in search of a heartbeat. Summer Project! There was none. He was pronounced dead at 9:09 p.m., and a curtain was drawn. Whoberry and Reed watched the execution from behind one-way glass. They were joined by Commonwealth’s Attorney Paul B. Ebert, who has sent 10 criminals to death in Virginia, nearly 10 percent of all the people executed since Virginia restarted executions in 1982.

Ebert witnessed his first execution in November, when sniper John Allen Muhammad was executed by lethal injection. Three more people Ebert has prosecuted are on two ways hurt by jean kilbourne Virginia’s death row, and another committed suicide before he was executed. Ebert said that to him, lethal injection was an anticlimax, as it appeared Muhammad simply went to sleep. Electrocution, Ebert said, appeared to have more finality to who led the freedom summer in mississippi it. “It was a little more vivid,” Ebert said afterward. “It felt more meaningful and impressive. But it was still a much more gentle death than Stacie’s.” Richard Leonard, who as a Prince William County police detective interrogated Powell and elicited his confession in 1999, also witnessed the execution and should gay couples to adopt, said that it put to rest an 11-year saga and one of the who led the freedom summer project worst cases he’s seen in a career that spans more than three decades. Alcoholism By John Essay! “It involved kids. It was horrible,” Leonard said. “It was such a senseless, terrible thing that happened to a nice family. It changed all of their lives. … All of these cases are bad, but everyone has one case that haunts them for a long period of time. This is that case.”

Paul Powell dies in summer project, electric chair, by about Assistant Amanda Stewart. (March 18, 2010) JARRATT, Va.—Paul Warner Powell, who killed a 16-year-old Yorkshire girl and bragged about it in a letter to prosecutors, was put to who led the freedom summer project in mississippi death in Virginia’s electric chair Thursday. Powell, 31, was pronounced dead at 9:09 p.m. at the Greensville Correctional Center in Jarratt. He did not make statement. Powell spent his last hours meeting with his immediate family and attorneys, Virginia Department of Alcoholism Swimmer, by John Cheever examples, Corrections spokesman Larry Traylor said. Who Led The Freedom Project! Traylor said Powell made a last meal request, but asked that it not be made public. Powell was sentenced to Alcoholism in The Cheever Essay die for killing and attempting to rape 16-year-old Stacie Reed. Summer! On Jan. 29, 1999, Powell entered the Reeds’ Yorkshire home and confronted Stacie, who was home alone after school, stabbed her and stomped on her throat until she died.

Powell said he was angry that Stacie had a black boyfriend. Powell then waited in the house, drinking iced tea and smoking a cigarette, until 14-year-old Kristie came home from teens sex stories school. He tied her up, raped her and stabbed her and left her to die in the basement. Who Led Summer Project In Mississippi! Kristie survived and testified against Powell. Now 25, Kristie witnessed Powell’s execution, alongside her mother, Lorraine Reed Whoberry. On Wednesday, a day before Powell was set to die, Whoberry said she and gay couples be allowed to adopt, her family were ready for the execution to happen and to “close a chapter” in their lives. “We’re all kind of anxious, not knowing what to expect,“ Whoberry said. “I’m trying not to go with any expectations. I’m just hoping I can get through this and be strong for Kristie.“ Whoberry, who started the the freedom in mississippi S.T.A.C.I.E.

Foundation to tell her family’s story in seminars to law enforcement agencies around the country, said she has forgiven Powell, but felt the execution was necessary for justice to be served. Whoberry told the Richmond Times Dispatch that they talked with Powell by phone for more than an paper, hour on Wednesday. “He was able to say he was sorry, and he made the point several times that (the crime) was senseless, it was pointless . The Freedom Summer Project! he couldn’t really give us a reason why,“ Stacie’s mother, Lorraine Whoberry, told the newspaper. “It was just a simplistic, ‘I’m sorry,‘ and I accept that.“ Whoberry said Powell told her he had not forgiven himself and she told him she hoped he could reconcile with God before the execution. You! “We let him know that we are praying for him and his mom, his family,“ she said. Whoberry and her family, who now live in Ohio, also traveled to summer project the area last July to attend Powell’s execution. That time, the United States Supreme Court issued a stay until they could decide whether to hear Powell’s case. In January, the high court decided it would not intervene. Last week, Virginia Gov. Bob McDonnell also said he would not stay the execution.

It was the first capital case to come before the new governor. Powell was first convicted of capital murder in 2000, but the Virginia Supreme Court overturned that conviction. Then, thinking he could no longer face the death penalty, Powell wrote a taunting letter to Prince William Commonwealth’s Attorney Paul Ebert, giving him new evidence by describing how he attempted to rape Stacie. Ebert again indicted Powell for capital murder and in 2003, Powell was convicted and sentenced to Assistant die. Ebert—who has put more men on death row than any other prosecutor in who led the freedom summer project, the state—also witnessed Powell’s execution. After the execution, Powell’s attorney, John Sheldon said Powell was “remorseful” in the hours and days leading up to Essay My New his death. “The man that we executed tonight was a different person than the person who committed those crimes ten years ago,“ Sheldon said. “He was very remorseful and very aware that he brought this on himself.“ Ebert witnessed Powell’s execution Thursday, alongside Kristie Reed and her mother. “I can’t speak for the family, but my sense is this will give them solace and closure,“ Ebert said.“They can go on who led the freedom summer project in mississippi with their lives.“ Powell was the 106th Virginia inmate executed since capital punishment was reinstated in the United States in 1976.

Now there are 13 inmates on death row including two, Justin Wolfe and Joshua Andrews, both 28, who were convicted in Prince William County. In January 1999, Robert Culver and gay couples be allowed, his fiance, Lorraine Reed, lived together in a small brick home on McLean Street in Manassas, Virginia, with Reed's two daughters, Stacey Lynn Reed and who led the freedom summer project in mississippi, Kristie Erin Reed. On January 29, 1999, Paul Warner Powell, then 20, went to visit the Reeds' home. Powell was carrying two knives and a 9 mm handgun. Stacey, then 16 years old, left home to go to work, and Powell remained there alone with Kristie, who was 14. That afternoon, Kristie called her mother by telephone and informed her that Powell refused to leave the sex stories home. Kristie's mother told Kristie to who led project order Powell to leave. Kristie was concerned because Powell kept walking back and sex stories, forth down the hallway looking in the rooms. On the the freedom in mississippi afternoon of January 29, 1999, Kristie arrived home from should school and who led in mississippi, was startled to find Powell in her house.

She asked Powell where Stacey was. He replied, she was in her room. Teens Sex Stories! Kristie walked to Stacey's room, but Stacey was not there. Then, Kristie turned to enter her own room and saw Stacey's body lying on who led the freedom project the floor. To Adopt! Powell, who had followed Kristie to the bedroom ordered Kristie to who led the freedom project in mississippi go downstairs to the basement. Kristie knew that Powell customarily armed himself with a knife. She had previously observed Powell with a butterfly knife and Alcoholism by John Essay, another long knife that was in a brown pouch type thing.

Powell forced Kristie to the freedom summer accompany him to the basement, where he ordered her to remove her clothes. She took her clothes off because she didn't want to die. Powell told Kristie to should gay couples to adopt lay on the freedom summer in mississippi the floor, and then he raped her. After Powell raped Kristie, he dressed himself, and he used shoelaces taken from Kristie's shoes to tie her feet together. He also used shoelaces to tie her arms behind her back. Should Gay Couples! Someone knocked on who led project the door to the house, and Powell went upstairs, leaving Kristie naked and bound on the basement floor. While Powell was upstairs, Kristie was able to free her hands, and she tried to scoot across the floor and hide beneath the basement steps. Powell returned to the basement, removed Kristie's eyeglasses, and strangled her until she was unconscious.

Powell stabbed Kristie in the stomach, and the knife stopped within a centimeter of her aorta. He slashed her in her neck numerous times, and the repair of the knife wounds required 61 sutures. She had multiple stab wounds to her neck and by jean kilbourne, abdomen. She also had wounds on her wrists. Robert Culver arrived at who led summer the home at 4:15 p.m. on January 29, 1999. He could not locate Kristie or Stacey. He went to the girls' bedrooms and saw that Stacey's room was in disarray. Two Ways A Woman Can Get By Jean! He entered Kristie's room, turned on the lights, and found Stacey's body on the floor.

He observed blood on who led in mississippi her body and saw that she was not breathing. When Culver went to the basement in search of a telephone, he discovered Kristie lying naked and bound on the floor, bleeding from her neck and stomach. He saw that she had been stabbed in the stomach and her throat was slit pretty severely, many times. Culver found a telephone, dialed 911, and spoke to emergency response personnel. In a recent interview, Robert Culver said the is smoking you worst part for him are the regrets of that day. He says he had a cold and that his boss told him he could leave early on that day. He almost took him up on who led project the offer, but didn't want the girls to think he came home early because he didn't trust them to be alone. Little things like that, he said. I should have been home.

Although Kristie was experiencing life-threatening injuries, she was able to paper bad for you tell police officers and paramedics that Paul Powell was her assailant. Stacey's death was caused by who led the freedom summer project a stab wound to james patterson books her chest. The Freedom! The wound pattern indicated that the blade of the knife pierced her heart and was twisted upon withdrawal. The blade of Powell's knife was consistent with the stab wounds. There were numerous bruises on Stacey's head, neck, chest, abdomen, back, arms, and legs. She suffered stab wounds in is smoking bad for you, her back and arm. She also had abrasions on her left hand and who led the freedom summer, wrist that were characterized as defensive wounds. Stacey's body contained bruises on her lower neck that were consistent with someone stepping or stomping on her face and neck. Police officers arrested Powell on Essay Meet My New Assistant January 30, 1999 at the home of who led the freedom summer, a friend.

The police officers also located a blue sports bag that belonged to Powell. A nine-millimeter semiautomatic pistol with a full magazine containing 10 Winchester nine- millimeter cartridges was in two ways can get hurt kilbourne, the bag. The bag also contained a survival knife with a five and one-half inch blade inside a black sheath and a butterfly knife with a five inch blade. The survival knife sheath contained a dark reddish-brown stain. The DNA profile obtained from the stain on the sheath was consistent with the DNA profile of Stacey Reed and different from the DNA profile of Kristie Reed and Paul Powell. The probability of selecting an unrelated individual with a matching DNA profile is approximately one in who led the freedom, 1.1 billion in the Caucasian population.

After his arrest, Powell consented to several interviews with police officers. During one interview, he stated that he had been at the Reeds' home on January 29, 1999 and that Stacey was dead because she was stupid. Powell told the police officers that he and Stacey had an argument because she had a black boyfriend, and Powell didn't agree with interracial dating. Books! Powell claimed that during the argument, Stacey attacked him and scratched his face, and the freedom, then he pushed her to the floor. He claimed that Stacey attacked him again, and that she got stuck on hurt kilbourne his knife. Powell also initially denied raping Kristie. In a second statement to police officers, Powell admitted that he raped Kristie. The detective who interviewed Powell testified that Powell stated that he had to the freedom kill Kristie because she was the paper bad for you only witness and he would have to who led the freedom go to teens sex stories jail. Powell was sentenced to death in August, 2000. In 2001, the Virginia Supreme Court overturned his death sentence, saying that prosecutors had failed to who led prove that Powell had raped Stacey which was part of the reason for defining the case as a capital murder. A murder that is committed in conjunction with another felony is one of the requirements for a death sentence and the appeals court felt that the rape of Stacey's sister Kristie was a separate act.

Under the erroneous assumption that this meant he could no longer face the death penalty, Powell wrote two letters to the Commonwealth's Attorney of Prince William County, Paul Ebert. Below is the content of a letter that Powell wrote, dated October 21, 2001. Mr. Ebert, Since I have already been indicted on first degree murder and the Va. In The By John Essay Examples! Supreme Court said that I can't be charged with capital murder again, I figured I would tell you the rest of what happened on Jan. Who Led Project In Mississippi! 29, 1999, to show you how stupid all of y'all mother f*ckers are. Y'all should have known that there is more to the story than what I told by what I said. You had it in writing that I planned to kill the My New whole family.

Since I planned to kill the whole family, why would I have fought with Stacie before killing her? She had no idea I was planning to kill everybody and who led the freedom summer project, talked and carried on like usual, so I could've stabbed her up at be allowed to adopt any time because she was unsuspecting. I had other plans for her before she died. You know I came back to the house after Bobby's lunch break was over and he had went back to work. When I got back, she was on the phone so I went inside and I laid down on who led summer project the couch. Free Patterson Books! When the cab came to bring me my pager, I ran out of the house and she jumped and got off the phone and who led summer project, came off the porch to see why I ran out of the house like I did. When the cab left we went in free james patterson books, the house.

I laid on the couch again and she went to her room and got her clothes and went downstairs to do her laundry. When she went downstairs, I got up and shut and locked the back door and who led the freedom project, went downstairs. We talked while she put her clothes in the wash. We continued talking when she had everything in should gay couples be allowed, the wash and I reached over the freedom summer project in mississippi and touched her ti+ and two ways a woman can get hurt by jean kilbourne, asked if she wanted to f*ck. She said no, because she had a boyfriend. Who Led The Freedom Summer! I started arguing with her because she had never turned anybody down because of having a boyfriend. We started walking upstairs, arguing the whole time.

When we got upstairs we went to her room and she turned the radio off. After she turned the radio off I pushed her onto her bed and grabbed her wrists and pinned her hands down by her head and sat on top of her. I told her that all I wanted to do was f*ck her and then I would leave and that we could do it the easy way or the hard way. She said she would f*ck me so I got up. After I got up, she got up and started fighting with me and clawed me face.

We wrestled around a little and then I slammed her to the floor. When she hit the floor I sat on top of her and pinned her hands down again. She said she would f*ck me and I told her that if she tried fighting with me again, I would kill her. Is Smoking Paper Bad For You! When I got up she stood up and kept asking me why I was doing this and all I kept saying is take your clothes off. Finally she undid her pants and pulled them down to her ankles.

She was getting ready to take them the rest of the way off and the phone rang. When she heard the phone she pulled her pants back up and said she had to answer the phone. I pushed her back and said no. The Freedom Project In Mississippi! She said that she wouldn't say anything about me being there and I told her no and to take her clothes off. She tried to Alcoholism in The by John Cheever get out of the the freedom summer project in mississippi room again and I pushed her back and pulled out my knife. I guess she thought I was just trying to scare her and that I wouldn't really stab her because she tried to two ways a woman hurt by jean kilbourne leave again. When she got to the freedom summer project me and tried to squeeze between me and the door jam I stabbed her.

When I stabbed her, she fell back against the door jam and just looked at me with a shocked look on her face. Alcoholism Swimmer, Essay! When I pulled the knife out she stumbled a couple steps and fell in her sister's room. Summer In Mississippi! I walked over and looked at Alcoholism her. I saw that she was still breathing so I stepped over her body and into the bedroom. Then I put my foot on her throat and stepped up so she couldn't breathe. Then I stepped down and started stomping on her throat. Then I stepped back onto her throat and moved up and down putting more pressure to make it harder to breathe. Who Led The Freedom Project In Mississippi! When I didn't see her breathing anymore, I left the free room and got some iced tea and sat on the couch and smoked a cigarette. You know the rest of what happened after that point.

I would like to thank you for who led in mississippi, saving my life. I know you're probably wondering how you saved my life, so I'll tell you. Sex Stories! You saved my life by f*cking up. There were 2 main f*ck-ups you made that saved me. The first was the way you worded my capital murder indictment. The second was the comment you made in who led in mississippi, your closing argument when you said we won't know because he won't tell us. Sex Stories! One more time, thank you! Now y'all know everything that happened in that house at 8023 McLean St. on Jan.

29, 1999. I guess I forgot to mention these events when I was being questioned. Ha Ha! Sike! I knew what y'all would be able to prove in court, so I told you what you already knew. Stacey was dead and no one else was in the house so I knew ya'll would never know everything she went through unless she came back to life. Since the Supreme Court said I can't be charged with capital murder again, I can tell you what I just told you because I no longer have to who led summer worry about the gay couples be allowed death penalty. And y'all are supposed to be so goddamn smart.

I can't believe that y'all thought I told you everything. Well, it's too late now. Nothing you can do about it now so f*ck you you fat, c*cksucking, c*m guzzling, gutter slu+. Summer In Mississippi! I guess I'll see your bi+ch a$$ on Dec. 18 at should to adopt trial because I'm not pleading to who led the freedom project shi+. Tell the family to be ready to about My New Assistant testify and the freedom summer in mississippi, relive it all again because if I have to suffer for the next 50 or 60 years or however long then they can suffer the torment of Swimmer,, reliving what happened for a couple of days. I'm gone. F*ck you and anyone like you or that associates with people like you.

I almost forgot, f*ck your god, too. Jesus knows how to suck a d*ck real good. Did you teach him? Well, die a slow, painful, miserable death. See ya punk. Do you just hate yourself for who led the freedom summer project in mississippi, being so stupid and for is smoking paper bad for you, f*ckin' up and saving me? Sincerely, Paul Powell. In a statement to a police officer on November 2, 2001, Powell gave the following description of Stacey's murder: She walked over to and uh I pushed her back. And then she walked over to me again I think and who led summer project in mississippi, then I pulled my knife out and you know, and she looked at me you know. Alcoholism Swimmer, By John Cheever Essay! I guess she thought I wouldn't stab her or whatever. So she tried to leave and the freedom summer in mississippi, go to answer the phone.

That's that. . . . . After she got stabbed, she just looked at two ways can get kilbourne me for a minute you know and then you know, she . . .she was surprised and them um, I pulled the knife out, you know she stumbled a few steps, fell down in Christy's doorway. I just walked over and looked at her. Who Led The Freedom! And I stepped over top of her and should be allowed to adopt, stepped on who led the freedom her throat and then stood on her throat and then stomped on her throat . . . then I stood on her throat until I didn't see her breathing no more. . . . .What I'm saying I was stepping on her. I'm saying I put all my weight on her. I'm saying that I put my foot there you know and then I lifted myself up to where I was standing on gay couples be allowed to adopt top of her. Project! Started stomping on her throat. And then man, I just stood on her throat again until I didn't see her breathe no more. Before he raped Kristie, Powell knew that he intended to sex stories kill her. In response to a police officer's question: Before you raped Kristie, you knew you were going to kill her; didn't you?, Powell responded: I really didn't have a choice; did I? While incarcerated in jail awaiting his capital murder trial, Powell sent a letter to Lorraine Reed, the mother of Stacey and Kristie.

Powell enclosed a photograph of a partially nude woman. Powell wrote: Lorraine, I was wondering if you might be able to help me think of something. I found this picture in a magazine and summer in mississippi, it kinda looks like someone I know or used to know, but I can't think of the persons name. I think you know the is smoking bad for person too, so I was wondering if you could tell me the name of the person this picture resembles so I can quit racking my brain trying to think of it? I would appreciate it. If you don't know the person I'm talking about, ask Kristie or Kelly Welch because I know they know who I'm thinking of. If you talk to the person I'm talking about, please give her my address and tell her to write me. The partially nude woman shown in the photograph resembled Lorraine Reed's daughter, Stacey. Powell wrote a letter to a friend while he was incarcerated. He stated: About when you asked me why I wouldn't do to you what I did to Stacie, I couldn't ever hurt you because you mean to much to me.

See Stacie didn't mean anything to me. She was a ni**er lover and some of her wannabe skin head friends were supposed to kill me. That's part of the reason why she died. Almost everything that happened in that house was planned. The only thing that wasn't planned was trying to the freedom summer f*ck Kristie. What was supposed to free patterson books happen was, Stacie was supposed to who led the freedom project die, and did, Kristie was supposed to die and teens sex stories, then I was going to wait for their mom and stepdad to get home and I was going to kill them and who led the freedom summer project in mississippi, then I was going to take their moms truck and teens, then I was gonna go to summer in mississippi North Carolina and knock this dude off that stole all of my clothes and everything else I owned. I had been thinking about doing it for along time but I could never bring myself to do it. I don't know what happened to is smoking bad for you make me finally do it.

I feel bad for the freedom summer project, doing it. Stacie was a good kid. Powell wrote, in another letter: Hey babe, what's happening? Not too much here. Cheever Essay Examples! I writing you to see if you could get one of your guy friends to do me a favor. You know that Kristie is telling the cops things and that she is going to testify against me in court. I was wondering if you could get somebody to who led summer go to a pay phone and call Kristie and tell her she better tell the cops that she lied to them and tell her she better not testify against me or she's gonna die. Powell sent the free james patterson following letter to the Commonwealth's Attorney of Prince William County: Fat Ebert, What's up you fat head f*cker? I'm just writing to tell you, since you want to who led the freedom in mississippi kill me so Goddamn bad for killing your ni**er loving whore, set up a court date closer than Oct. 25 so I can go ahead and get this bullshi+ over with and plead guilty so you can kill me and get it over with, unless you want to let me out so I can kill the rest of the ni**er lovers and all the ni**ers, Jews, Sp*cs and everybody else in this f*cked up country that's not white. That includes you because you are a ni**er loving Jewish f*cking fa**ot.

I will see you in teens sex stories, hell bi+ch. your buddy, Paul Powell - P.S. Watch your back! The jury viewed writings and drawings taken from Powell's jail cell that demonstrated his hatred of people who were not Caucasian. Additionally, the jury heard evidence that Powell told police officers that he was a racist and summer in mississippi, described his violent racial views. He stated, everybody that ain't white shouldn't – he needs to die. James! Powell had told a police officer that he wanted to purchase a gun to kill somebody. Kill a lot of somebodies . . . just for who led summer project, something to do.

The jury was aware of Powell's criminal record, including three convictions for contributing to the delinquency of should be allowed to adopt, a minor, two larceny convictions, and three felony convictions for abduction, rape, and who led the freedom summer in mississippi, attempted capital murder of Kristie. In supporting the jury's finding that Powell's conduct was outrageously or wantonly vile, horrible or inhuman in james, that it involved . . . depravity of mind and. . . aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder, the criminal appeals court in Virginia commented, The day before Powell committed these gruesome crimes, he went to the victims' home and surveyed the interior of the house. He returned the next day and tried to rape Stacey, who struggled with him. Who Led The Freedom Summer! He stabbed her in the heart, twisted the knife, and Alcoholism in The by John, reinserted the knife in her heart. Who Led In Mississippi! He stomped upon her throat and Essay Meet Assistant, he placed the entire weight of his body on summer her throat until she died. Next, he drank a glass of iced tea, smoked a cigarette, and waited for Stacey's younger 14-year-old sister to return home. When Kristie arrived, Powell directed her to her sister's body, forced her downstairs into should to adopt the basement, and raped her on the floor. He then tied her hands and feet while she was naked, choked her until she was unconscious, stabbed her in the stomach, and summer, slashed her neck numerous times in an attempt to james patterson books kill her. The Freedom Summer In Mississippi! After the vicious attacks, Powell had snuck out the back door, leaving Kristie for dead.

He drove with a friend to Washington and bought some drugs, then returned to the friend's girlfriend's house where he drank beer and is smoking paper bad for you, ordered a pizza. They were still waiting for it to be delivered when police knocked on summer in mississippi the door. Books! Powell did not know his younger victim had survived and identified her attacker. Paul Warner Powell. Date of Birth: April 13, 1978. Entered the Row: September 15, 2000. District: Prince William County.

Conviction: Capital murder. Virginia DOC Inmate Number: 285713. On May 5, 2000, a jury in the Circuit Court of Prince William County convicted Paul Warner Powell of capital murder, attempted capital murder, abduction, rape, and grand larceny. Powell was 20-years old when he committed the the freedom project in mississippi crimes. On January 29, 1999, Powell entered the home of Essay Meet Assistant, Stacie Reed, a 16-year old acquaintance. Powell was angry because she was dating a black youth and confronted her. After a scuffle, Powell stabbed Reed three times with a survival knife, twice in the heart. Powell remained at the residence until Reed’s 14-year old sister arrived home.

Powell then raped her, slit her throat, stabbed her in the abdomen and left her for who led the freedom project in mississippi, dead. Reed’s sister survived and later testified against Powell. The jury recommended the death penalty and hurt by jean kilbourne, three life sentences for summer project in mississippi, the convictions. Powell refused to Alcoholism Essay allow his defense to present mitigation evidence during the trial’s penalty phase. Prince William Circuit Judge Herman Whisenant upheld the jury’s recommendation and sentenced Powell to die.

Whisenant rejected a defense motion to overrule the jury because the sentence had not been unanimous. The jury forewoman, Jennifer Melanie Day, testified that had she known life in prison was an option, she would have never voted for a death sentence. In 2001, the Virginia Supreme Court reversed Powell’s death sentence, saying that prosecutors had failed to prove that Powell had raped Reed, part of the reason for defining the murder as a capital case. In October of 2001, Powell wrote letters to Prince William County Commonwealth Attorney Paul Ebert and the victim’s family detailing his crimes. The letters served as new evidence, even if the summer project in mississippi underlying crime was the same. Powell was retried in 2003 that Powell be sentenced to Meet Assistant death. The Freedom Summer In Mississippi! The sentence was upheld by the Virginia Supreme Court in Alcoholism Swimmer,, January 2004. Powell has been on death row since September 15, 2000. Powell v. Commonwealth , 552 S.E.2d 344 (Va. The Freedom Project In Mississippi! 2001) (Direct Appeal-Reversed). Defendant was convicted in the Circuit Court, Prince William County, Herman A. Should Be Allowed To Adopt! Whisenant Jr., J., of capital murder and related offenses and was sentenced to the freedom summer project in mississippi death.

He appealed. Alcoholism Swimmer, By John Examples! The Supreme Court, Lawrence L. Koontz, Jr., J., held that: (1) it was reversible error to allow pretrial amendment of indictment to charge two new gradation crimes that were not considered by the grand jury; (2) error was harmless, at guilt phase, in prosecutor's commenting on defendant's failure to testify; (3) evidence was insufficient to support conviction; and who led the freedom project, (4) sentencing verdict form should have allowed the jury the Meet My New Assistant option to impose a sentence of life imprisonment and a fine of up to $100,000. Affirmed in who led project in mississippi, part, reversed in part, and remanded. G. Sufficiency of the Evidence. Powell assigns error to the trial court's failure to strike the evidence as to the abduction of Kristie on the ground that the evidence was insufficient to support a jury finding that the restraint used exceeded that necessary to accomplish the crime of rape. Free James Patterson! We disagree. A defendant may be convicted of abduction in addition to the freedom project “another crime involving restraint of the victim, both growing out of a continuing course of conduct, . only when the detention committed in the act of abduction is separate and is smoking paper, apart from, and not merely incidental to, the restraint employed in the commission of the other crime.” Brown v. Commonwealth, 230 Va. 310, 314, 337 S.E.2d 711, 713-14 (1985). Here, there is the freedom summer project in mississippi sufficient evidence to support the finding of the jury that Powell used greater restraint than was necessary to commit rape.FN11 First, Powell ordered Kristie to go to sex stories a more secluded part of the home prior to the rape. See, e.g., Wilson v. Commonwealth, 249 Va. 95, 103, 452 S.E.2d 669, 675, cert. denied, 516 U.S.

841, 116 S.Ct. 127, 133 L.Ed.2d 76 (1995). Although Powell did not display a weapon to her at that time, it is clear under the circumstances that Kristie was in reasonable fear for her life having just discovered her sister's lifeless body and being aware that Powell was usually armed. Moreover, after the rape was complete, Powell bound Kristie and left her for some time before returning to attempt to kill her. This restraint clearly exceeded that necessary to accomplish the rape. Who Led The Freedom Project In Mississippi! See Hoke v. Commonwealth, 237 Va. You! 303, 311, 377 S.E.2d 595, 600, cert. denied, 491 U.S. The Freedom! 910, 109 S.Ct. 3201, 105 L.Ed.2d 709 (1989). Accordingly, we hold that the trial court did not err in free james patterson, failing to strike the evidence as to the charge of project, abduction.

Within the same assignment of error, Powell also asserts that the evidence was insufficient to support his conviction for the capital murder of Stacey “during the commission of or subsequent to” the rape of Kristie. There is simply no evidence upon Essay Meet, which the jury could have found that Powell committed the rape of Kristie before or during the murder of Stacey. Indeed, it is who led summer project in mississippi undisputed that the rape occurred after the james books murder was completed. Accordingly, the evidence was insufficient to support Powell's conviction for capital murder as charged in the amended indictment. FN12. For the reasons previously stated in this opinion, Powell's conviction for that crime will be reversed, and who led the freedom, he will not be subject to paper bad for retrial for that offense. Accordingly, we need not address the error assigned to the trial court's failure to poll the jury with respect to who led project whether the james books rape occurred before, during, or after the murder. Having already determined that Powell's conviction for in mississippi, capital murder will be reversed, we now further determine that there is no basis upon which Powell can be retried for capital murder on paper remand. Who Led Project! The poll of the jury establishes that Powell was acquitted of the charge of james, capital murder in the commission of robbery or attempted robbery.

It is the freedom summer project in mississippi equally clear that there is simply no evidence upon which the jury could have relied to find that Powell committed or attempted to commit any sexual assault against Stacey before or during her murder, or that the Alcoholism in The Cheever examples rape of Kristie did not occur after the murder of summer project, her sister. Accordingly, under the circumstances of this case, the evidence at should be allowed best would have supported a conviction for who led, first degree murder. For these reasons, we will reverse Powell's conviction for capital murder, affirm his convictions for abduction, rape, attempted capital murder, and grand larceny, and is smoking you, remand the case for a new trial on a charge of no greater than first degree murder for the killing of Stacey Reed, if the Commonwealth be so advised. Powell v. Who Led The Freedom Summer Project In Mississippi! Commonwealth , 590 S.E.2d 537 (Va. 2004) (Direct Appeal). Background: Defendant was convicted in the Circuit Court, Prince William County, Herman A. Whisenant Jr., J., of capital murder and related offenses and free james, was sentenced to death. He appealed. The Supreme Court, 261 Va. 512, 552 S.E.2d 344, affirmed in project in mississippi, part, reversed in part, and remanded.

On remand, defendant was convicted in teens, the Circuit Court, Prince William County, Herman A. Whisenant Jr., J., of capital murder in the commission or attempted commission of sexual assault. Summer In Mississippi! Defendant appealed. On consolidation of the automatic review of defendant's death sentence with his appeal, Holdings: the Supreme Court, Lawrence L. Koontz, Jr., J., held that: (1) fact that Commonwealth's attorney had read defendant's correspondence, stating “how stupid all y'all are,” was insufficient to disqualify attorney from prosecuting defendant's second murder trial; (2) neither law of the sex stories case doctrine nor double jeopardy barred retrying defendant for capital murder; (3) probative value of evidence that defendant raped and attempted to who led summer murder victim's sister was not outweighed by its prejudicial effect; (4) evidence sufficiently corroborated defendant's letter confessing to having attempted to Essay about Meet Assistant rape the who led project murder victim; and (5) defendant's death sentence was not excessive nor disproportionate to similar cases. Affirmed. OPINION BY Justice LAWRENCE L. KOONTZ, JR. In this appeal, we review the capital murder conviction and sentence of two ways a woman, death imposed upon Paul Warner Powell for the murder of Stacey Lynn Reed in who led, the commission of, or subsequent to, attempted rape. Teens Sex Stories! Code § 18.2-31(5).

A. Powell's First Trial and Appeal. Powell was originally convicted of the capital murder of Stacey Lynn Reed in the freedom in mississippi, 2000 and sentenced to death. See Powell v. Commonwealth, 261 Va. Alcoholism Swimmer, By John Cheever Examples! 512, 530, 552 S.E.2d 344, 354 (2001). In the same trial, Powell was convicted of the abduction, rape, and who led the freedom project in mississippi, attempted capital murder of Stacey's younger sister, Kristie Erin Reed, and gay couples, was sentenced to three terms of life imprisonment and fines totaling $200,000 for those crimes.

FN1 The abduction, rape, and attempted capital murder convictions, as well as a conviction for grand larceny, were affirmed in the prior appeal and are not at issue in this appeal. Powell had also been tried for robbery and attempted robbery, Code § 18.2-58, and three counts of use of a firearm, Code § 18.2-53.1. He was acquitted of those crimes. Upon review of the capital murder conviction and the death sentence imposed upon who led summer, Powell, this Court reversed the conviction on various grounds including a finding that the indictment charging Powell with capital murder in the commission of is smoking paper you, robbery and/or attempted robbery had been improperly amended to the freedom summer project include a charge of capital murder “during the commission of or subsequent to rape and/or attempted rape and/or sodomy and/or attempted sodomy.” FN2 Id. at 532, 552 S.E.2d at 355-56. Bad For! Upon review of the record, we further held that the wording of the summer project in mississippi indictment limited the Commonwealth to proving that the “gradation crime was a rape occurring before or during the killing,” id. at 538-39, 552 S.E.2d at 359, and there was “no evidence upon which the about Assistant jury could have found that Powell committed the who led project in mississippi rape of Kristie before or during the murder of Stacey.” Id. at 541, 535 S.E.2d at 361. FN2. Following the presentation of the Commonwealth's case-in-chief in should gay couples be allowed to adopt, Powell's first trial, the Commonwealth had conceded that there was no evidence of summer, forcible sodomy or attempted forcible sodomy against Kristie. Powell, 261 Va. at Essay Assistant 525, 552 S.E.2d at 351. Thus, that aspect of the amended indictment for capital murder from who led the freedom Powell's first trial is not relevant to is smoking you any issue raised in this appeal. We summarized the consequence of these holdings in the conclusion of the opinion, stating: there is simply no evidence upon which the the freedom summer jury could have relied to Essay My New Assistant find that Powell committed or attempted to commit any sexual assault against Stacey before or during her murder, or that the who led summer rape of Kristie did not occur after the murder of her sister. Accordingly, under the circumstances of this case, the evidence at best would have supported a conviction for first degree murder.

For these reasons, we will reverse Powell's conviction for capital murder . and remand the case for Essay about My New, a new trial on a charge of no greater than first degree murder for the killing of the freedom summer project, Stacey Reed, if the Commonwealth be so advised. Id. at 545-46, 552 S.E.2d at 363. The mandate from this Court to the trial court tracked the language of the opinion, and directed that “the case is remanded . for a new trial on Essay My New Assistant a charge of no greater than first degree murder for the freedom project in mississippi, the killing of Stacey Reed, if the Commonwealth be so advised.” B. Events and Proceedings Following Remand. On October 21, 2001, Powell wrote an obscenity-laced letter to the Commonwealth's Attorney who had prosecuted Powell in his first trial. FN3 Powell stated in the letter that, because he believed he could not be retried for capital murder, “I figured I would tell you the rest of what happened on Jan. 29, 1999, to show you how stupid all y'all . are.” Admitting that he “planned to kill the whole family” on that day, Powell further stated that “I had other plans for [Stacey] before she died.” Powell described how he had attempted to initiate consensual sexual intercourse with Stacey, which he had previously admitted.

Powell then revealed that when Stacey resisted his advances, he pushed her onto her bed and, while sitting on top of her, told Stacey “that we could do it the easy way or the hard way.” FN3. Powell had previously written to the Commonwealth's Attorney on July 4, 2001, proposing a plea agreement for a first degree murder charge for the killing of Stacey Reed. Powell then described how Stacey had “started fighting with me and clawed me [sic] face.” Powell stated that he “slammed her to the floor . sat on top of her and pinned her hands down again.” Powell claimed that Stacey relented “and I told her if she tried fighting with me again I would kill her.” Continuing, Powell stated that, at his direction, Stacey began to disrobe, but stopped when the two ways hurt telephone rang. Stacey put her clothes back on so that she could answer the who led in mississippi telephone. Powell refused to allow Stacey to answer the telephone and ordered her to two ways a woman can get hurt resume disrobing. The Freedom Project! When she refused, Powell “pushed her back and pulled out [his] knife.” When Stacey attempted to leave the bedroom, Powell stabbed her.

Stacey fell back and is smoking, Powell removed the knife. Stacey then stumbled to another bedroom and collapsed. Powell “saw that she was still breathing” and “started stomping on the freedom project in mississippi her throat” until he “didn't see her breathing anymore.” The New Indictment Armed with this new evidence, the Commonwealth elected to nolle prosequi the indictment in the remanded case, under which it was limited to trying Powell for first degree murder under our mandate, and sought a new indictment against Powell for capital murder. On December 3, 2001, the grand jury returned an paper bad for, indictment charging Powell with the capital murder of “Stacey Lynn Reed during the who led commission of or subsequent to the attempted rape of Stacey Lynn Reed.”

C. Powell's Second Trial. Motions to Dismiss the Indictment. On April 24, 2002, Powell filed a motion to dismiss the December 3, 2001 indictment. Alcoholism! Powell asserted that “[w]hen the Supreme Court of Virginia issues an opinion concerning a case, this opinion becomes the law of the case” and, thus, the directive of the opinion and mandate from this Court in his first appeal limited his retrial to a charge no greater than first degree murder, regardless whether that trial was conducted under the original indictment or a new indictment. The Commonwealth filed a response to who led summer in mississippi this motion, asserting that the judgment of this Court in Powell's first appeal was not applicable to the December 3, 2001 indictment because Powell had “never [previously] been charged with the capital murder of Stacey Reed in the commission or attempted commission [of] sexual assault against [Stacey Reed] because, at the time of [Powell's first] trial, no such evidence existed.” Accordingly, the Commonwealth contended that the can get hurt December 3, 2001 indictment was “a new charge, one that has never been litigated in trial nor considered by the Virginia Supreme Court.” Following a hearing on this and other pre-trial matters, the trial court overruled Powell's motion to the freedom project dismiss the indictment in an order dated May 6, 2002. On May 17, 2002, Powell filed a second motion to dismiss the can get by jean kilbourne December 3, 2001 indictment.

The briefs filed in who led summer, the trial court in support of and in opposition to Essay My New Assistant this motion parallel the arguments made on appeal with respect to this issue and, accordingly, we will only summarize the essential points of those arguments here. The import of who led summer in mississippi, Powell's argument was that his prior trial and the reversal of his conviction by sex stories this Court acted as an the freedom summer project, “implied” or “judicial” acquittal of the attempted rape of Stacey, thus barring his retrial for her capital murder premised on that gradation offense. The Commonwealth responded that the issue whether Stacey had been the victim of a sexual assault was not before the jury in his first trial because the bill of particulars provided at Powell's request indicated that only Kristie was the victim of the sexual assault gradation offenses charged in the amended indictment. Similarly, the Commonwealth contended that our comments concerning the insufficiency of the evidence to prove a sexual assault or attempted sexual assault against Stacey were not directed toward any finding of the jury, but to the contrary were indicative of the fact that the jury did not consider whether Stacey had been the victim of such an assault or attempt. On June 5, 2002, the Essay trial court held a hearing on Powell's second motion to dismiss the indictment. After hearing argument, the trial court stated that by identifying Kristie as the victim of the rape or attempted rape in the bill of summer project in mississippi, particulars, the Commonwealth had clearly identified her as the victim of Essay Meet, those gradation crimes in the amended indictment for capital murder. The trial court also agreed with the Commonwealth that this Court's reference to the lack of evidence to prove any sexual assault or attempted sexual assault against Stacey was merely a comment on summer the record, and by John Essay, not an assertion that this was a theory of the case presented by the Commonwealth in Powell's first trial. On July 3, 2002, the in mississippi trial court entered an order overruling Powell's second motion to dismiss the indictment. Other Pre-trial Motions. On April 25, 2002, Powell filed a motion to have Virginia's statutory scheme for charging a capital crime and imposing a death sentence declared unconstitutional on various grounds.

On appeal, Powell reasserts only should gay couples be allowed to adopt, some of these arguments and does so only in summary fashion. Who Led The Freedom Summer Project! Accordingly, we will not summarize those arguments in paper bad for you, detail here, but will address them within the discussion of the relevant assignment of error, infra. On April 26, 2002, Powell filed a motion seeking to have the Commonwealth's Attorney's office disqualified from prosecuting his case. Powell contended that the Commonwealth's Attorney had a conflict of interest because he was a key “chain of custody witness” with respect to his receipt of Powell's October 21, 2001 letter “confession” to the attempted rape of Stacey. In Mississippi! Powell further contended that the offensive nature of that letter and his other conduct toward the paper bad for Commonwealth's Attorney had created such a level of animosity that the Commonwealth's Attorney would not be able to the freedom in mississippi objectively pursue justice, but would instead seek to satisfy a personal vendetta against Powell. Powell further contended that this taint of paper bad for you, bias extended to every attorney in the Commonwealth's Attorney's office, and further asserted that these attorneys would be potential witnesses called to give testimony concerning the Commonwealth's Attorney's personal animus against summer project, Powell.FN4. FN4. Powell further contended that one of the Assistant Commonwealth's Attorneys while in private practice had represented Powell in paper you, an unrelated criminal matter and, thus, had a conflict of interest.

Powell does not reassert this issue on who led appeal. On May 1, 2002, the Commonwealth filed responses to teens Powell's motions to have Virginia's statutory scheme for charging a capital crime and imposing a death sentence declared unconstitutional and to who led summer in mississippi disqualify the Commonwealth's Attorney's office. With respect to the former, the Commonwealth asserted that all the issues raised therein had previously been considered and should gay couples be allowed to adopt, rejected by this Court, and there was no cause for who led summer project in mississippi, the trial court to revisit them. As to the latter, the is smoking bad for Commonwealth asserted that there was no evidence of bias on in mississippi the part of the Commonwealth's Attorney or other members of his office and denied that there was any such bias, that the teens sex stories manner of establishing the project in mississippi chain of custody of Powell's letter was not the defense's concern, and should gay couples be allowed, that the questions of an appearance of impropriety should be raised through a disciplinary complaint proceeding. On May 6, 2002, in the same hearing in which the trial court heard argument of summer, Powell's first motion to dismiss the indictment, the trial court also heard argument on gay couples to adopt Powell's motions to who led project have Virginia's statutory scheme for charging a capital crime and teens sex stories, imposing a death sentence declared unconstitutional and to disqualify the Commonwealth's Attorney's office from prosecuting the case. Following that hearing, the trial court entered an order overruling these motions without comment. On December 11, 2002, Powell filed a motion to the freedom summer in mississippi exclude any evidence concerning his abduction, rape, and attempted murder of Kristie Reed from his trial. Powell contended that because he was charged only free james, with the the freedom project in mississippi capital murder of Stacey Reed predicated on an attempted rape of her, evidence of his subsequent attack on Kristie was irrelevant or that any probative value it might have would be overborne by its unduly prejudicial effect on teens the jury.

The Commonwealth did not file a response to this motion, but during oral argument in a hearing held December 23, 2002, the Commonwealth asserted that evidence concerning the attack on Kristie was part of a continuing criminal enterprise and was relevant to show Powell's motive and who led the freedom project, intent in attempting the rape of Stacey. Also on December 11, 2002, Powell, alleging that the United States Supreme Court's decision in Ring v. In The Swimmer, Cheever Essay! Arizona, 536 U.S. Project! 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) had called into question prior judgments of this Court concerning the issue, filed a motion seeking to have Code § 19.2-264.4(B) declared unconstitutional because it permits a jury to consider evidence relating to the future dangerousness and Essay about My New Assistant, vileness aggravating factors without full protection of due process to the defendant to confront witnesses. Powell also asserted that the statutory definitions of the aggravating factors are vague and, thus, would likely result in “unreliable” jury verdicts. The Commonwealth filed a brief in response to this motion, asserting that the issue of the constitutionality of who led the freedom in mississippi, Code § 19.2-264.4(B) is settled law.

On December 16, 2002, Powell filed a motion to two ways a woman can get hurt by jean suppress various statements he made to police during the initial investigation of the who led summer crimes. Powell alleged that after giving an initial statement following waiver of his Miranda rights, he advised police that he had nothing more to say. Is Smoking! Thereafter, Powell contended, any statement he made to who led the freedom summer project police without a readvisement and james, waiver of his Miranda rights should be suppressed. The Commonwealth responded that the suppression issue had been decided in Powell's first trial and, thus, the doctrine of res judicata barred consideration of the issue in his second trial. FN5 Powell filed a supplemental motion on who led the freedom summer project December 17, 2002 asserting that a statement taken by two ways can get by jean an investigator on November 2, 2001, while Powell was in prison following his first trial, should be suppressed because his counsel was not present. Who Led The Freedom In Mississippi! The Commonwealth responded that Powell had been advised of and waived his Miranda rights prior to giving this statement and that he was not entitled to counsel under the by John Essay examples Sixth Amendment at that time because he had not yet been indicted for who led the freedom summer in mississippi, the offense for which he was then on trial, and two ways a woman hurt, the formal proceedings on the prior indictments had concluded. FN5. Powell did not contest the who led in mississippi trial court's failure to suppress his statements in the appeal of his first conviction. In summarizing its rulings on these motions during the December 23, 2002 hearing, the trial court stated that it found Powell had waived his Miranda rights with respect to the statement made after his first trial but prior to free james patterson books the bringing of the who led summer project in mississippi second indictment and, thus, the statement was not barred by either the sex stories Fifth or Sixth Amendments. The trial court also indicated that it would deny the who led summer in mississippi motion to suppress the statements from the initial investigation of the crimes, incorporating by should gay couples to adopt reference the finding made during the who led the freedom summer project in mississippi first trial with respect to those statements.

The trial court further found that evidence of Powell's attack on Kristie was admissible as being part of a common scheme and to show consciousness of guilt. The trial court entered an omnibus order denying all these motions as well as the motion challenging the sex stories constitutionality of Code § 19.2-264.4(B). Powell's second trial commenced on January 13, 2003. The trial court conducted voir dire of the venire in panels of five potential jurors. In questioning the first panel, the trial court inquired whether “any of you have acquired any information about the alleged offense, or of the accused from the news media, or other sources in this particular matter?” The five panel members indicated that they had not.

The Commonwealth further inquired whether “[i]f during the course of trial you should hear something which would jog your memory about the publicity, would you be able to set that aside and the freedom project, render your verdict based solely on what you hear in the courtroom?” The five panel members each indicated that they could do so. During his voir dire of the first panel, Powell's counsel attempted to ask the is smoking bad for following question: You're going to hear in this case that the Defendant has already been tried and convicted of capital murder at one point, and he's serving life sentences for other crimes. You're also going to hear that the Supreme Court of Virginia overturned the- At this point, the Commonwealth objected and during a bench conference, referencing Barker v. Commonwealth, 230 Va. 370, 375, 337 S.E.2d 729, 733 (1985), asserted that, as the panel had already indicated that they had not heard of the case previously, Powell's counsel's question concerning the prior trial and the freedom summer project in mississippi, appeal “may, in fact, taint” the members of the panel and disqualify them from serving on the jury. Powell's counsel responded that because the evidence would disclose the fact of sex stories, his prior convictions and the freedom summer project, the reversal of paper bad for, his capital murder conviction and death sentence on appeal, the prohibition of Barker did not apply. He further contended that because a jury's knowledge of a prior conviction was potentially prejudicial to the defendant, it was a “tactical decision that we've made . and we wish this evidence to come forward.” Thus, he contended that it was proper to explore the potential jurors' bias that would result from hearing that evidence. The trial court ruled, even though it agreed that this was a “unique case” because the who led the freedom project in mississippi evidence would establish the fact of the prior conviction and appellate reversal, “the Barker case is two ways can get by jean still good law.” Accordingly, the trial court concluded that “we have to start off with a jury that does not have” knowledge of the prior trial, conviction, and appeal. Accordingly, the trial court ruled that Powell could not question the jurors about their potential bias based upon such evidence being likely to be presented during the summer trial.

The Commonwealth then inquired, “Are we going to strike this panel or will the Court instruct the panel to disregard the question?” When the in The Cheever Essay trial court indicated that it would instruct the panel to disregard the the freedom summer question, Powell's counsel objected that he was “not sure that instructing them is sufficient . if they've already been told-.” The trial court cut off the objection, stating that the members of the panel had already indicated they were unaware of the case and that “all I can do is tell them to disregard the question.” Guilt-Determination Phase Apart from the new evidence of Powell's October 21, 2001 letter to by John Essay the Commonwealth's Attorney in which Powell confessed to who led summer in mississippi the attempted rape of Stacey, the evidence presented during the guilt-determination phase of Powell's second trial was not markedly different from that received during the first trial. Meet! Because we have thoroughly recounted that evidence in reviewing his first trial, see Powell, 261 Va. at who led the freedom summer project in mississippi 518-520, 552 S.E.2d at 347-348, and Powell does not challenge the sex stories sufficiency of the evidence except with respect to proof of the attempted rape of Stacey, we need not reiterate the the freedom project in mississippi full extent of the evidence, but will suffice with a summary of the essential details. Powell, who was twenty years old at the time of the crimes, had been acquainted with Stacey and Alcoholism in The Cheever Essay, her family for approximately two-and-a-half years. Powell, a self-avowed racist and white supremacist, objected to Stacey dating Sean Wilkerson, a black classmate of Stacey's. Id. at 518, 552 S.E.2d at 347. Stacey arrived home just before noon on January 29, 1999 to find Powell waiting for her. Who Led The Freedom In Mississippi! When Powell learned that Robert Culver, a friend of the girls' mother, would be home shortly for patterson, lunch, Powell left, but returned at about 12:45 p.m., after Culver had left. When Powell returned, he was armed with a survival knife, a butterfly knife, a box cutter, and a 9-millimeter pistol. Id.

During the initial investigation, Powell claimed that he and Stacey had argued about her relationship with Wilkerson and in summer project, an ensuing struggle, Powell drew the survival knife from his belt and Stacey “got stuck.” Id. Although Powell denied stabbing Stacey deliberately or otherwise injuring her, an autopsy revealed that she had suffered multiple blunt force injuries to her head, neck, and upper body not consistent with her merely having fallen during a struggle, but consistent with a deliberate stomping. Can Get Hurt By Jean Kilbourne! The autopsy also showed that the wound to Stacey's chest was consistent with the who led project in mississippi knife having been twisted and partially withdrawn and be allowed to adopt, reinserted. Id. at who led summer 520, 552 S.E.2d at two ways a woman can get hurt by jean 348. Powell denied having attempted to sexually assault Stacey, but when questioned again on that point would not give the investigator “a straight answer.” Powell later told police that he “probably” raped Kristie because he “didn't get any with Stacey.” Leaving Stacey for summer project, dead, Powell smoked a cigarette and drank a glass of iced tea in the living room of the home, waiting for Kristie to return home from school. When she arrived, Powell met her at the door.

Shortly thereafter, Kristie discovered her sister's body. Powell then forced her to go to the basement of the home where he brutally raped her and attempted to kill her by strangulation and by cutting her wrists and throat. Id. at 519, 552 S.E.2d at 347. At the Alcoholism in The Swimmer, Essay examples conclusion of the Commonwealth's case-in-chief, Powell moved to strike the evidence on the ground that the who led the freedom in mississippi Commonwealth had not presented sufficient evidence to corroborate Powell's confession in the October 21, 2001 letter that he had attempted to rape Stacey. The Commonwealth pointed to the physical circumstances, such as the disheveled condition of Stacey's bedroom, Stacey's defensive wounds, and the fact that when her body was discovered her pants' zipper was slightly undone, as corroborating Powell's confession. A Woman Hurt! The trial court denied the who led summer project motion to strike. Thereafter, Powell elected not to offer any evidence.

The jury was instructed, heard closing arguments, and retired to james consider its verdict. After two hours of deliberation, the project jury found Powell guilty of capital murder. James Patterson Books! Powell requested a poll of the jury, which confirmed that the the freedom project verdict was unanimous. Penalty Determination Phase During the penalty determination phase, the Commonwealth presented evidence of Powell's criminal record, including three convictions for contributing to the delinquency of a minor, two larceny convictions, and his convictions for Meet Assistant, the abduction, rape, and attempted capital murder of the freedom in mississippi, Kristie. The Commonwealth further presented evidence concerning Powell's extreme racist views. Additional evidence showed that Powell had tortured cats when he was younger and that he told an investigator that he wanted to purchase a gun to Alcoholism Swimmer, Cheever examples “ [k]ill somebody.

Kill a lot of somebodies. Just for something to do.” Powell also told the investigator that he admired Charles Manson and Adolf Hitler, saying that “[t]hey were cool.” The Commonwealth also presented evidence that Powell wrote an who led summer project in mississippi, abusive letter to Stacey's mother in which he included a pornographic picture of a woman who resembled Stacey. Powell presented evidence from his parents and teens sex stories, younger brother, a social worker, a psychologist, and a probation officer. This evidence dealt primarily with Powell's upbringing and summer in mississippi, transfer of custody from two ways can get hurt kilbourne his mother to the Department of Youth and Family Services following his juvenile offenses. The psychologist described Powell's home environment as “toxic.” The psychologist further testified that, following his incarceration, Powell had received “[m]edication to help stabilize his mood,” and while medicated Powell “has not had any serious disciplinary infractions.” The psychologist did not offer a specific diagnosis for Powell's “mental-health problems,” but testified that Powell's clinical history suggested an “anti-social personality disorder” and the freedom, that his behavior as a child suggested Powell had “an under controlled temperament.” The psychologist further testified that the medication Powell had received in the past was “used for manic depressive illness which is now called bi-polar disorder and for two ways can get kilbourne, certain forms of the freedom, serious depression.” After ninety minutes of two ways can get by jean, deliberation, the jury returned a unanimous verdict sentencing Powell to death. The jury indicated that the who led the freedom summer in mississippi sentence was predicated on both the future dangerousness and vileness aggravating factors. Sentencing On May 8, 2003, the trial court held a sentencing hearing and received a pre-sentence report and Essay about Meet My New, victim impact evidence from Stacey's mother. Powell's counsel argued that imposition of the death sentence was not appropriate, asserting that so long as Powell were confined and properly medicated, he did not present a continuing danger to society and that a life sentence without possibility of parole was adequate punishment.

The Commonwealth responded that Powell had shown no remorse following his conviction in the first trial. The trial court then confirmed the jury's sentence of death. We consolidated the automatic review of Powell's death sentence with his appeal of the capital murder conviction and expedited the appeal on our docket. Code § 17.1-313(F). Powell raises twelve assignments of error, the who led the freedom summer first two of which merely restate the elements of the statutory review of any death sentence mandated by Code § 17.1-313(C). James Books! We will review Powell's arguments in the order in which the trial court considered the who led summer in mississippi issues below. A. Failure to Dismiss the Capital Murder Indictment In his sixth and gay couples to adopt, seventh assignments of error, Powell contends that the summer trial court erred in denying his motions to dismiss the capital murder indictment against in The by John Essay, him. This was the principal issue addressed by the parties during oral argument before this Court. Who Led The Freedom Project In Mississippi! The various positions under which Powell asserts that he was not subject to trial under the capital murder indictment can be generally summarized as follows: (1) The opinion and mandate of this Court from Powell's first trial limited his retrial for the killing of Essay, Stacey Reed to the freedom a charge no greater than first degree murder on any indictment.

(2) Even if retrial on a charge of capital murder was not barred under a new indictment, Powell had been acquitted, either actually or by implication, of the attempted rape of Stacey Reed in his first trial and, thus, the law of the case doctrine barred his being tried for capital murder based upon the attempted rape of sex stories, Stacey as the gradation offense. (3) Principles of double jeopardy bar his retrial for a violation of in mississippi, Code § 18.2-31(5) because the indictment in his first trial did not specify the victim of the in The Swimmer, by John Cheever examples gradation offense. Effect of Prior Opinion and Mandate. We recognize the principle of the “mandate rule,” stated by summer the Court of Appeals of bad for you, Virginia in a different context, that: A trial judge is bound by who led in mississippi a decision and mandate from [an appellate court], unless [the court] acted outside [its] jurisdiction. A trial court has no discretion to disregard [a] lawful mandate.

When a case is remanded to a trial court from an appellate court, the refusal of the trial court to follow the appellate court mandate constitutes reversible error. Rowe v. Rowe, 33 Va.App. 250, 257-258, 532 S.E.2d 908, 912 (2000); see also Frank Shop, Inc. v. By John Cheever Essay! Crown Central Petroleum Corp., 264 Va. 1, 6, 564 S.E.2d 134, 137 (2002) (holding that “a trial court cannot permit what this Court . The Freedom Project! [has] said is unlawful” in a mandate reversing the is smoking bad for you trial court's prior judgment and remanding the case). Relying on the freedom project this principle, Powell contends that the trial court was without authority to retry him on a new indictment charging him with the capital murder of Stacey Reed. Powell's reliance, however, is misplaced. It is self-evident that while the you opinion of an appellate court, under the doctrine of stare decisis, applies to all future cases in the trial courts, the mandate, which is the directive of the appellate court certifying a judgment in a particular case to the freedom project the court from which it was appealed, speaks only to that case. Should Gay Couples Be Allowed! Moreover, the mandate is controlling only who led the freedom summer, “as to matters within its compass.” Sprague v. Ticonic National Bank, 307 U.S. 161, 168, 59 S.Ct. 777, 83 L.Ed. 1184 (1939).

Thus, while the directive of free books, this Court's mandate binds the circuit court, that court is who led in mississippi not thereby prohibited from acting on matters not constrained by a woman can get by jean the language of the mandate, construed in light of the who led the freedom appellate court's opinion. The mandate rule “is merely a ‘specific application of the two ways can get by jean kilbourne law of the case doctrine,’ [and] in who led, the absence of exceptional circumstances, it compels compliance on teens remand with the dictates of the freedom, a superior court and forecloses relitigation of is smoking paper bad for, issues expressly or impliedly decided by who led the freedom summer the appellate court.” United States v. Bell, 5 F.3d 64, 66 (4th Cir.1993) (quoting United States v. Bell, 988 F.2d 247, 251 (1st Cir.1993)). Undoubtedly, had the trial court permitted the gay couples Commonwealth to retry Powell for capital murder on the freedom project the original amended indictment invalidated by our decision in reviewing his first conviction, this would have been violative of our mandate and be allowed to adopt, reversible error. Similarly, had the Commonwealth dismissed that indictment and sought a new indictment charging Powell with the capital murder of Stacey Reed prior to the rape of Kristie Reed, it would have been error for the trial court to permit that indictment to who led the freedom in mississippi stand. However, nothing in our opinion or mandate from Powell's first appeal required the Commonwealth to retry Powell on the original indictment, abridged to cure the defects found by this Court to Alcoholism Swimmer, Cheever Essay examples charge only first-degree murder. To the contrary, the directive of the mandate expressly stated that Powell was to be retried on that indictment based on the record that was before this Court at that time, only “if the Commonwealth be so advised.” Nor did our opinion or mandate expressly preclude the possibility of trying Powell on a new indictment charging capital murder premised on a different gradation offense after dismissal of the former, defective indictment. Who Led Summer! Powell's October 21, 2001 letter to the Commonwealth's Attorney in which he revealed that he had attempted to rape Stacey before he killed her is an exceptional circumstance that merits a narrow application of the mandate rule.

We recognize that, generally, serial prosecutions are not permitted where the Commonwealth deliberately refrains from james patterson bringing criminal charges arising out of the same act or transaction while prosecuting others in order to gain the advantage of having multiple trials. See, e.g., Ashe v. Swenson, 397 U.S. 436, 444, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). Such was not the case here, however, given the unexpected and possibly unique circumstance of evidence of an uncharged offense that was not previously known or available coming to light after the conclusion of the the freedom project first trial in Alcoholism Swimmer, by John Essay, the form of the defendant's voluntary confession. Accordingly, we hold that the trial court correctly ruled that the opinion and mandate of this Court from summer project in mississippi Powell's prior appeal did not bar the Commonwealth from dismissing the should be allowed to adopt indictment against him and bringing a new indictment charging him with capital murder premised upon a gradation offense not previously charged by the Commonwealth and based upon evidence that was not previously known or available to the Commonwealth at the time of his first trial. Acquittal under the “Law of the who led summer project in mississippi Case”

Powell contends that although he was not charged in a separate indictment with the attempted rape of Stacey in teens, his first trial, the Commonwealth nonetheless presented evidence tending to show that he attempted to summer project in mississippi rape Stacey to bolster its claim that her murder was related to a sexual assault. To support this claim, Powell relies upon statements made by the Commonwealth's Attorney during his first trial that the evidence would show that Powell “wanted something more from Essay about Meet [Stacey] and she wasn't going to give it to him and for who led project in mississippi, that she lost her life.” Powell further notes that during his first trial the teens Commonwealth had argued against his motion to strike the the freedom evidence on capital murder by stating, in part, that “we have evidence . [that Powell] was having sex or attempting to james books have sex with [Stacey].” Powell contends that as neither the amended indictment for capital murder nor the instructions given to who led the freedom summer project the jury specified the victim of the sexual assault gradation crimes, the Commonwealth intended for bad for, the jury in his first trial to consider the possibility that Powell attempted to rape Stacey. Powell notes that because the jury in his first trial sent a question to the trial court “seeking clarification whether the rape of who led the freedom in mississippi, Kristie could satisfy the gradation crime requirement for the capital murder of Stacey,” Powell, 261 Va. at two ways by jean kilbourne 526, 552 S.E.2d at 352, this indicated that the jury had considered and who led summer project, rejected the sex stories theory that he had attempted to rape Stacey. Relying on Green v. United States, 355 U.S. 184, 189-90, 78 S.Ct. 221, 2 L.Ed.2d 199 (1957), Powell asserts that because the jury in who led project, his first trial rejected that theory of the crime, it impliedly acquitted him of the gradation offense and, thus, he contends that the law of the case prohibits the Commonwealth from retrying that issue under a new indictment.FN6 Powell further points to statements in bad for you, the opinion from his first appeal concerning the insufficiency of the evidence to prove an attempted sexual assault of Stacey as confirming that he was charged with capital murder based on that gradation offense.

FN6. On brief, Powell also used the term “res judicata” in describing the summer in mississippi effect of gay couples be allowed to adopt, his alleged “acquittal” of the who led project in mississippi attempted rape of Stacey. During oral argument of this appeal, he conceded that he was relying only on the “law of the case” doctrine in asserting the preclusive effect of his prior trial and appeal. The Commonwealth contends that by identifying Kristie as the victim of the rape or attempted rape in two ways a woman can get by jean kilbourne, responding to Powell's motion for a bill of the freedom project, particulars, it had clearly indicated that Powell was not charged or on trial for the capital murder of Stacey in the commission of the attempted rape of Stacey. Therefore, the Commonwealth asserts that Powell was never placed in gay couples to adopt, jeopardy for project in mississippi, the commission of that crime and, thus, cannot have been “acquitted” of that crime or of free james patterson books, its gradation offense.

Powell contends that “the bill of particulars is irrelevant to the issue of whether the [Supreme] Court previously decided that Powell was charged with capital murder in the commission of the attempted rape of Stacey Reed in his first trial.” Powell bases this contention on the statements in the opinion reversing his first conviction for capital murder that “[t]he record as a whole is devoid of summer project, any evidence that Powell attempted to rape . Stacey,” Powell, 261 Va. at 534, 552 S.E.2d at paper 357, and in mississippi, that “there is simply no evidence upon which the jury could have relied to find that Powell committed or attempted to commit any sexual assault against Stacey,” id. at teens sex stories 545, 552 S.E.2d at 363. Powell contends that by who led in mississippi these statements we indicated that the question whether he had raped or attempted to rape Stacey had been at issue in his first trial. We disagree. The question, simply put, is whether the jury in Essay My New, Powell's first trial considered whether Powell attempted to rape Stacey Reed and concluded that he did not. Who Led The Freedom Summer Project In Mississippi! Our guide in resolving that question is Ashe, supra, wherein the United States Supreme Court held that an issue will be precluded from being retried in is smoking bad for, a subsequent criminal prosecution by the law of the case doctrine if, in summer project, light of the entire record, the previous jury necessarily decided that issue against the prosecution. But if “a rational jury could have grounded its verdict upon an issue other than that which the defendant seeks to foreclose from consideration,” the prior judgment will not be taken as deciding that particular issue. Ashe, 397 U.S. at 444, 90 S.Ct. 1189. “The inquiry ‘must be set in paper bad for you, a practical frame and viewed with an eye to all the circumstances of the proceedings.’ ” Id. (quoting Sealfon v. United States, 332 U.S.

575, 579, 68 S.Ct. 237, 92 L.Ed. 180 (1948)). Powell's view of the record of his first trial, and of this Court's observation that the evidence therein was insufficient for who led the freedom in mississippi, the jury to have found that he attempted to rape Stacey, as showing that the previous jury necessarily decided that issue against the prosecution fails to gay couples be allowed to adopt take into account the effect of the bill of particulars. “It is the freedom in mississippi true the bill of particulars is not for the purpose of charging the offense. The indictment must do that.” Livingston v. Teens Sex Stories! Commonwealth, 184 Va. 830, 837, 36 S.E.2d 561, 565 (1946). “However, the who led the freedom summer in mississippi bill of a woman hurt kilbourne, particulars and who led in mississippi, the indictment must be read together. The function of the teens sex stories bill of particulars is to supply additional information concerning an accusation.” Id. A bill of particulars not only who led project, informs the accused of the charges against him with sufficient precision to enable him to paper bad for you prepare his defense and avoid surprise, it also enables him to plead his acquittal or conviction in bar of who led project in mississippi, any further prosecution for the same offense. See Wade v. Teens Sex Stories! Commonwealth, 9 Va.App. 359, 363, 388 S.E.2d 277, 279 (1990); see also United States v. Davidoff, 845 F.2d 1151, 1154 (2d Cir.1988).

The bill of particulars in Powell's first trial clearly limited the prosecution of the project capital murder of Stacey under Code § 18.2-31(5) to proof of the rape or attempted rape of Kristie. Nevertheless, Powell asserts that the My New Assistant various statements of the Commonwealth during his first trial with respect to Powell's effort to initiate consensual intercourse with Stacey, and his frustration at who led in mississippi being rebuffed by her, suggested a motive for his subsequent attack on her sister and attempted to influence the jury into believing that Stacey was also the victim of an attempted sexual assault. Should To Adopt! The fact remains that Powell was not charged with having attempted to rape Stacey, either as a separate offense or as the who led the freedom gradation offense of the two ways a woman can get hurt capital murder charge. Thus, it is not possible to who led in mississippi conclude that the jury necessarily decided that issue against the prosecution. Powell is also mistaken in his interpretation of our statements regarding his first trial that the record contained insufficient evidence for the jury to have found that Powell attempted to rape Stacey. Teens! A careful reading of our opinion shows that these statements were not intended to convey that this issue was before the jury.

To the contrary, these statements were observations made to clarify that the amended indictment must have been intended to charge Powell with the capital murder of Stacey premised upon the freedom in mississippi, the gradation offense of the rape of Kristie, but was insufficient to do so because of hurt kilbourne, a drafting error. FN7. FN7. We also held that the amendment of the who led the freedom summer in mississippi indictment, even if properly drafted, would not have been permitted because the grand jury “was never called upon to consider [the rape of Kristie] as the gradation crime for Essay, the capital murder of Stacey.” Powell, 261 Va. at 534, 552 S.E.2d at 357. Powell also contends that even if the jury had not impliedly acquitted him of the capital murder of Stacey premised on the gradation offense of her rape or attempted rape, the effect of this Court's decision in who led summer project in mississippi, the appeal of his first conviction nonetheless was to expressly acquit him of about Meet Assistant, that crime because we found the evidence in that trial insufficient to support a finding of rape or attempted rape of Stacey. Relying on Burks v. United States, 437 U.S. 1, 5-6, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978), Powell asserts that, because we held that the evidence at his first trial at best would have supported a conviction for first degree murder, the summer project trial court was bound by free james patterson books that determination in any subsequent retrial. Powell contends that Burks stands for the proposition that the determination of an appellate court that the the freedom trial court erred in permitting the jury to consider a charge not supported by the evidence acts as an acquittal on that charge and be allowed to adopt, that a retrial for the same offense is barred by the prohibition against double jeopardy.

Our conclusion that, lacking evidence of a sexual assault on who led the freedom summer project in mississippi Stacey or the attempt to commit one, Powell could be retried only for first degree murder was based upon “the circumstances of this case.” Powell, 261 Va. at 545-46, 552 S.E.2d at 363. Nothing in that statement implies that Powell had been acquitted of capital murder premised on any possible gradation offense, nor, as we have already demonstrated, did it preclude the Commonwealth from seeking to indict Powell for the capital murder of Stacey with the attempted rape of Stacey as the gradation offense under the exceptional circumstances occasioned by Powell's voluntary confession. Accordingly, we hold that the trial court did not err in denying Powell's motions to Essay about Meet Assistant dismiss the indictment for capital murder on the ground that the Commonwealth was prohibited from proving Powell attempted to rape Stacey by the law of the case of his former trial and appeal. Double Jeopardy Powell also contends that the trial court should have dismissed the the freedom project indictment against him because his prosecution under that indictment violated the guarantee of the two ways by jean kilbourne Fifth Amendment of the Constitution of the United States against being twice placed in who led project, jeopardy for the same offense. Alcoholism In The Swimmer, Examples! Specifically, he asserts that having been indicted once for a violation of Code § 18.2-31(5) for the murder of who led the freedom summer project in mississippi, Stacey Reed, his constitutional guarantee of protection against being placed in double jeopardy prohibited the Commonwealth from indicting him a second time for should be allowed to adopt, that murder under the same subsection of the capital murder statute. During oral argument of this appeal, Powell acknowledged that the Commonwealth may indict and convict an accused for multiple counts of capital murder of the freedom in mississippi, a single victim under different subsections of is smoking paper you, Code § 18.2-31 without violating the constitutional protection against double jeopardy. See Bailey v. Commonwealth, 259 Va. The Freedom Summer Project In Mississippi! 723, 747, 529 S.E.2d 570, 584, cert. denied, 531 U.S. 995, 121 S.Ct. 488, 148 L.Ed.2d 460 (2000) (a single indictment may charge two counts of capital murder of the same victim under Code §§ 18.2-31(7) and 18.2-31(12)).

Moreover, we have held that where a particular subsection of james, Code § 18.2-31 lists multiple gradation offenses, the Commonwealth may indict the accused for separate offenses of capital murder of a single victim premised on each specific gradation offense. Payne v. Commonwealth, 257 Va. 216, 228, 509 S.E.2d 293, 301 (1999) (indictments properly charged separate violations of Code § 18.2-31(5) premised on rape and object sexual penetration of the same victim). In Payne, we said that “it is the freedom summer project clear, as well as logical, that the General Assembly intended for each statutory offense [in Code § 18.2-31] to be punished separately ‘as a Class 1 felony.’ ” Id. By statutory definition, capital murder is limited to the “willful, deliberate, and premeditated killing of any person” under specific circumstances or in the commission or attempted commission of teens, certain crimes enumerated in who led summer, Code § 18.2-31. We have frequently referred to these crimes as gradation offenses because, when committed as part of the same transaction as a murder, they elevate what would otherwise constitute murder of the first degree pursuant to Code § 18.2-32 to capital murder. Pertinent to the present case, Code § 18.2-31(5) specifies gradation offenses of “rape or attempted rape, forcible sodomy or attempted forcible sodomy or object sexual penetration.” In Payne, we concluded that the rape and object sexual penetration of the Alcoholism Cheever Essay examples same victim are separate and distinct gradation offenses and, therefore, support two capital murder convictions consistent with double jeopardy protections. Id.

While Payne is the freedom in mississippi instructive insofar as it establishes that separate and distinct gradation offenses are enumerated in teens, Code § 18.2-31(5), it does not resolve Powell's case. Powell's contention that he was charged with the same crime rather than with two separate crimes under the amended indictment and the freedom summer project, the 2001 indictment is principally premised upon a woman can get, the fact that the former failed to identify the victim of the rape or attempted rape. Because the the freedom in mississippi amended indictment in his first trial, while identifying Stacey as the victim of the murder, did not specify a victim of the to adopt gradation offenses of rape or attempted rape, Powell contends that proof of the identity of the victim was not an element of those offenses. Thus, he argues that he was placed in jeopardy regardless of who led summer project in mississippi, whether Stacey or Kristie were proven to be the victim of the gradation offenses of rape or attempted rape, and the subsequent indictment that expressly identified Stacey as the victim of attempted rape violated his constitutional guarantee against free books, double jeopardy. We agree with Powell that when an indictment does not specify the identity of the who led summer in mississippi victim of a gradation offense to the crime of capital murder, the identity of the victim of the gradation offense is not an element of the crime. Powell, however, has again overlooked the significance of the bill of particulars provided by the Commonwealth in Essay Meet My New, his first trial. As we have already explained, the Commonwealth expressly identified Kristie as the summer victim of the gradation offenses for two ways by jean, the capital murder of Stacey under Code § 18.2-31(5). The bill of particulars was filed well in advance of the trial and in mississippi, before jeopardy had attached. See Commonwealth v. Washington, 263 Va.

298, 307, 559 S.E.2d 636, 641 (2002) (“The right not to be subjected to double jeopardy attaches in a criminal case when the jury is impaneled and sworn”). During oral argument of this appeal, Powell contended that the should gay couples be allowed bill of particulars only limits the Commonwealth's ability to the freedom summer project argue a specific theory of the crime, does not amend the indictment, and jeopardy attaches as to the indictment as worded regardless of is smoking, whether a bill of particulars has been filed. We disagree. As noted above, while “[i]t is true the bill of particulars is not for the freedom, the purpose of charging the offense . the should be allowed bill of particulars and who led summer, the indictment must be read together.” Livingston, 184 Va. at 837, 36 S.E.2d at 565. Thus, we hold that where, prior to the attachment of jeopardy, the Commonwealth limits the prosecution of a capital murder, undifferentiated in gay couples be allowed, the indictment by the identity of the victim of the gradation offense, by naming a specific victim of the gradation offense in a bill of particulars, jeopardy will attach only to the capital murder charge as made specific by the bill of who led the freedom summer project, particulars. For these reasons, we further hold that the trial court did not err in teens, refusing to dismiss the indictment for capital murder as violative of Powell's double jeopardy protection. B. Constitutionality of Virginia's Capital Murder Statutes.

In his third and eleventh assignments of error, Powell attacks the trial court's order overruling his motions to have the who led the freedom summer Virginia capital murder statutes declared unconstitutional. With respect to the motion filed April 25, 2002 and overruled by the trial court on May 6, 2002, Powell has restated, in summary fashion, five of his arguments advanced in the trial court, without citation to authority.FN8 The failure to adequately brief an assignment of error constitutes a waiver of the argument. See, e.g., Burns v. Commonwealth, 261 Va. 307, 318, 541 S.E.2d 872, 880, cert. Free Books! denied, 534 U.S. 1043, 122 S.Ct. 621, 151 L.Ed.2d 542 (2001) (assignments of error not briefed are waived even where trial record contains written argument addressing same issue). FN8. At trial, Powell further contended that the expedited review of death sentence cases required by Code § 17.1-313 violated a defendant's constitutional right to the freedom summer in mississippi equal protection. Assistant! Powell contended that by eliminating an intermediate review by the Court of Appeals, a defendant is denied the summer opportunity to perfect the issues and Essay, arguments he wishes to the freedom in mississippi make on appeal. He further contended that expediting death sentence appeals on our docket “disadvantaged death-sentence defendants by sex stories providing them with substantially less time than other criminal defendants to protect their legal rights.” Powell does not reassert these issues on appeal. Moreover, the arguments raised by Powell have been previously considered and rejected by this Court.

The arguments raised by who led summer Powell and recent decisions rejecting those arguments are: That the teens statutes fail to who led the freedom provide meaningful guidance with respect to the vileness and paper bad for you, future dangerousness aggravating factors and that the jury is not provided adequate guidance with respect to the application of summer project in mississippi, aggravating and mitigating factors. Can Get Hurt By Jean! Rejected in Morrisette v. Who Led Summer In Mississippi! Commonwealth, 264 Va. 386, 397, 569 S.E.2d 47, 55 (2002), cert. Paper! denied, 540 U.S. 1077, 124 S.Ct. 928, 157 L.Ed.2d 750 (2003). That permitting evidence of who led the freedom in mississippi, unadjudicated criminal conduct to examples be used to establish the defendant's future dangerousness fails to meet the “heightened reliability requirement” of the 8th and 14th Amendments. Rejected in who led the freedom summer project, Bell v. Essay Meet! Commonwealth, 264 Va. 172, 203, 563 S.E.2d 695, 716 (2002), cert. Who Led The Freedom Summer Project In Mississippi! denied, 537 U.S.

1123, 123 S.Ct. 860, 154 L.Ed.2d 805 (2003). That the trial court is improperly vested with discretion whether to set aside the death sentence for good cause shown and is smoking paper bad for, is permitted to consider hearsay evidence in the pre-sentence report. Rejected in Lenz v. Commonwealth, 261 Va. 451, 459, 544 S.E.2d 299, 303-04, cert. denied, 534 U.S. 1003, 122 S.Ct. 481, 151 L.Ed.2d 395 (2001). That the summer mandatory proportionality review procedures employed by this Court fail to meet constitutional standards. Rejected in Lovitt v. Commonwealth, 260 Va. 497, 509, 537 S.E.2d 866, 874 (2000), cert. denied, 534 U.S.

815, 122 S.Ct. 41, 151 L.Ed.2d 14 (2001); Bailey, 259 Va. at 740-42, 529 S.E.2d at 580-81, cert. denied, 531 U.S. 995, 121 S.Ct. 488, 148 L.Ed.2d 460 (2000). With respect to Essay Meet the December 11, 2002 motion, overruled by who led the freedom project the trial court on December 23, 2002, Powell asserts, as he did in free, the trial court, that the United States Supreme Court's decision in Ring v. In Mississippi! Arizona, 536 U.S. Two Ways Can Get! 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), requires that “many of the procedural safeguards that heretofore have only been required during the guilt/innocence phase of the freedom summer project, trial must now be extended to the sentencing phase.” Powell reasons that because Ring held that it was impermissible in a jury trial to allow the trial judge to determine whether there were aggravating factors sufficient to warrant the imposition of the death penalty, id. at 609, 122 S.Ct. Can Get Kilbourne! 2428, the who led the freedom project in mississippi aggravating factors required to be found by Code § 19.2-264.4(B) before a sentence of death may be imposed are “to be treated as elements of the offense of a death-eligible capital murder.” Powell contends that the standards of proof and free james patterson books, rules of summer in mississippi, evidence applicable to the determination of teens sex stories, guilt must also be applied to the determination of sentence, and summer in mississippi, that, contrary to decisions of this Court made prior to Ring, this precludes the Commonwealth from presenting under a “relaxed evidentiary standard” evidence of unadjudicated criminal conduct or hearsay evidence when the declarant is not available for cross-examination as required by the confrontation clause. The Commonwealth responds that Ring does not alter the analysis of the constitutionality of the procedures applied during the My New penalty determination phase of a capital murder trial in who led the freedom summer project, Virginia. Can Get By Jean! Rather, the Commonwealth contends that the procedures for the admission of relevant evidence during the penalty determination phase under Code § 19.2-264.4(B) continue to be fully in accord with the Sixth Amendment due process concerns underpinning the decision in Ring.

We agree with the Commonwealth. First, we note that Powell's expansive reading of Ring is unwarranted for the obvious reason that the who led the freedom summer project statutory scheme at Alcoholism issue in that case, which permitted the judge in a capital murder jury trial to assume the role of the jury in determining whether aggravating factors permitting the imposition of the death penalty were present, is markedly different from that of who led summer in mississippi, Virginia's death penalty sentencing statute. See Ring, 536 U.S. at 588. Moreover, nothing in the United States Supreme Court's opinion in Ring suggests that the teens Court intended to revisit broader issues of due process protections afforded in the penalty determination phase of all capital murder trials. We further reject Powell's contention that there is a “relaxed evidentiary standard” applicable to who led the freedom summer project in mississippi the penalty determination phase of you, a capital murder trial in Virginia. To the contrary, Code § 19.2-264.4(B) expressly provides, and we have consistently held, that the Commonwealth must prove the existence of one or both aggravating factors beyond a reasonable doubt. See, e.g., Clark v. The Freedom Summer Project! Commonwealth, 220 Va. 201, 212, 257 S.E.2d 784, 791 (1979), cert. denied, 444 U.S. 1049, 100 S.Ct. 741, 62 L.Ed.2d 736 (1980).

Powell's contention that the introduction of evidence of unadjudicated criminal acts is not admissible because Ring somehow refines the need for a woman can get by jean, “heightened reliability” in capital sentencing is, as the the freedom summer project Commonwealth notes, nothing more than a reassertion of the same argument raised in his prior motion and paper bad for you, consistently rejected by this Court. Jackson v. Commonwealth, 267 Va. 178, 188, 590 S.E.2d 520, 526 (2004) (today decided). Powell's assertion that Code § 19.2-264.4(B) permits the introduction of who led the freedom summer project, hearsay evidence not otherwise subject to an exception is simply wrong.FN9 See, e.g., Lovitt v. Warden, 266 Va. 216, 259, 585 S.E.2d 801, 826 (2003); Jackson, 267 Va. at 188, 590 S.E.2d at 526. For these reasons, we hold that the trial court did not err in overruling Powell's motion to have the Virginia capital murder statutes declared unconstitutional.

FN9. On brief, the Commonwealth suggests that Powell has confused the evidentiary standard applicable to the penalty determination phase with that applicable to Essay about Meet My New the trial court's consideration of the presentence report. Powell did not respond to this assertion in the freedom project in mississippi, his reply brief and teens, does not otherwise assert that Ring has any implication to summer the post-verdict sentencing procedure. Accordingly, we express no opinion on that issue. C. Failure to Disqualify the Commonwealth's Attorney In his tenth assignment of error, Powell contends that the a woman can get hurt by jean trial court erred in failing to grant his motion to disqualify the Commonwealth's Attorney and his office from prosecuting Powell on the new indictment. Project In Mississippi! Powell asserts the “grossly offensive personal attacks” on the Commonwealth's Attorney in Powell's October 21, 2001 letter, created a direct conflict of interest because the teens sex stories Commonwealth's Attorney “had a personal stake in summer project in mississippi, the outcome of this case.” This is so, Powell contends, because the personal attacks in his letter “undoubtedly led [the Commonwealth's Attorney] to have feelings of animosity towards Powell.” The Commonwealth responds that the Commonwealth's Attorney represented to the trial court that he could impartially prosecute the case and that it was a matter within the Essay Assistant trial court's discretion to determine whether to disqualify him. We agree with the Commonwealth. The due process rights of a criminal defendant under both the Virginia and United States Constitutions are violated when a Commonwealth's Attorney who has a conflict of interest relevant to the defendant's case prosecutes the defendant. See Cantrell v. Who Led The Freedom Project! Commonwealth, 229 Va. 387, 394, 329 S.E.2d 22, 26-27 (1985); Ganger v. Peyton, 379 F.2d 709, 714 (4th Cir.1967). However, the question whether there is should gay couples a conflict of interest is dependent upon the circumstances of the individual case, and the burden is on the freedom summer project the party seeking disqualification of the prosecutor to present evidence establishing the existence of disqualifying bias or prejudice.

The determination whether the evidence supports a finding of a conflict of should gay couples, interest is a matter committed to the sound discretion of the trial court. See Lux v. Commonwealth, 24 Va.App. 561, 569, 484 S.E.2d 145, 149 (1997). The issue may arise where the prosecutor has had an attorney-client relationship with the parties involved whereby he obtained privileged information that may be adverse to the defendant's interest in regard to the pending criminal charges. See, e.g., Commonwealth v. Kilgore, 15 Va.App. 684, 694, 426 S.E.2d 837, 842 (1993). Summer! A second situation is where the prosecutor has some direct personal interest arising from a financial interest, kinship, or close friendship such that his objectivity and impartiality are called into question.

See, e.g., Cantrell, 229 Va. at 391-94, 329 S.E.2d at 24-27. Neither of these circumstances applies to the present case. Beyond these categories of clear and direct conflicts of interest and ethical bars to a particular attorney prosecuting a particular defendant, there is the broader consideration of Essay Meet Assistant, whether, on the facts of a particular case, the who led summer adversarial nature of the judicial process has resulted in such enmity toward the defendant on the part of the prosecutor that it will overbear his professional judgment in seeking fairly and impartially to sex stories see justice done. See Lux, 24 Va.App. at 569, 484 S.E.2d at 149. As the United States Supreme Court has observed in a related context, “ ‘[i]mpartiality is not gullibility.

Disinterestedness does not mean child-like innocence.’ ” Liteky v. The Freedom Summer! United States, 510 U.S. 540, 551, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994) (quoting In re J.P. Linahan, Inc., 138 F.2d 650, 654 (2nd Cir.1943)). Gay Couples Be Allowed To Adopt! We are of opinion that the same can be said of the prosecutor's role. The adversarial nature of criminal prosecutions unsurprisingly tends to engender some level of friction between the prosecutor and the defendant in difficult cases, especially where, as here, the defendant seems intent on who led the freedom project showing his contempt and disrespect for the prosecutor. However, merely demonstrating a history of one-sided acrimony between the defendant and the prosecutor is insufficient to be allowed establish a conflict of interest or prosecutorial misconduct with respect to an otherwise proper prosecution. See, e.g., Phelps v. Hamilton, 59 F.3d 1058, 1067 (10th Cir.1995). The Freedom Summer In Mississippi! If such were not the should be allowed to adopt case, a defendant would have an incentive to deliberately incite such enmity.

The evidence must reflect that the prosecutor is acting not within the dictates of the law, but has strayed outside those parameters in furtherance of who led summer project in mississippi, a personal animus against the defendant. Powell's October 21, 2001 letter undoubtedly was intended to insult, if not incense, the Commonwealth's Attorney. But, the trial court was within its discretion to accept the Commonwealth's Attorney's assurance that it had not had an effect on his professional judgment in seeking fairly and impartially to see justice done. Is Smoking You! Moreover, nothing in the Commonwealth's Attorney's conduct of the trial evinces any lack of such professional judgment on his part. Accordingly, we hold that the trial court did not abuse its discretion in summer project in mississippi, overruling Powell's motion to disqualify the Commonwealth's Attorney. D. Failure to Exclude Testimony of Kristie Reed. In his ninth assignment of error, Powell contends that the trial court erred in permitting the Commonwealth to call Kristie as a witness and to give testimony concerning Powell's rape and teens sex stories, attempted murder of her during the guilt determination phase of his trial.FN10 He asserts that evidence of the who led project in mississippi events following the murder of Stacey was not relevant to prove his culpability for that crime and that such evidence was, in Alcoholism Swimmer, by John, any case, unduly prejudicial.FN11.

FN10. Who Led In Mississippi! In his pre-trial motion, Powell sought to exclude all evidence of his rape and attempted murder of Kristie. On appeal, he has limited his argument to the exclusion of her testimony and teens sex stories, the exhibits introduced in its course. FN11. Powell also asserts that Kristie's testimony was unnecessary because it was cumulative of other evidence and should more properly have been received as “victim impact testimony” during sentencing.

These arguments were not made at trial and, thus, are barred from consideration in this appeal. Rule 5:25. The Commonwealth responds that evidence of the rape and attempted murder of Kristie, including her testimony and its supporting exhibits, was admissible because those acts were interrelated parts of a common criminal plan and, thus, were relevant to the freedom project in mississippi prove Powell's identity, motive, and intent as the perpetrator of Swimmer, Essay, all the crimes committed in who led in mississippi, the course of carrying out teens sex stories that plan. In addition, the Commonwealth contends that evidence of the subsequent attack on Kristie was probative of Powell's state of mind during the entire criminal enterprise and, thus, admissible to show premeditation in the killing of Stacey to rebut Powell's claim that the killing was accidental. We agree with the Commonwealth. Generally, evidence of other offenses is who led the freedom in mississippi inadmissible in be allowed, a criminal prosecution, but it is a well-established exception that such evidence is admissible to show a common criminal scheme when the various acts are naturally explained as the who led the freedom summer project in mississippi constituent parts of the defendant's general plan.

See Satcher v. Commonwealth, 244 Va. 220, 230, 421 S.E.2d 821, 828 (1992), cert. Can Get Hurt By Jean! denied, 507 U.S. 933, 113 S.Ct. 1319, 122 L.Ed.2d 705 (1993); Kirkpatrick v. Commonwealth, 211 Va. 269, 272, 176 S.E.2d 802, 805 (1970); McWhorter v. Commonwealth, 191 Va. 857, 870-71, 63 S.E.2d 20, 26 (1951). In Kirkpatrick we explained that: [e]vidence of other offenses is who led the freedom summer admitted if it shows the conduct and feeling of the accused toward his victim . Can Get Kilbourne! or if it tends to prove any relevant element of the offense charged. Summer Project! Such evidence is permissible in cases where the motive, intent or knowledge of the accused is involved, or where the james evidence is connected with . the offense for which the accused is on trial.

211 Va. at who led the freedom project in mississippi 272, 176 S.E.2d at 805; see also Satcher, 244 Va. at two ways hurt by jean kilbourne 230, 421 S.E.2d at 828. There can be no question that it was the who led the freedom project Commonwealth's theory in this trial, and taking the evidence in the light favorable to the Commonwealth it is an two ways can get by jean kilbourne, unassailable fact, that Powell went to the Reed home with the intention of raping and killing both Stacey and the freedom project, Kristie. As such, the evidence of Powell's rape and james books, attempted murder of Kristie was directly probative of his motive and intent in who led summer project, the attempted rape and murder of Stacey. Moreover, Kristie's eyewitness testimony placing Powell in Meet Assistant, the home when she arrived and identifying him as her assailant was critical to establishing Powell's identity as the perpetrator of the crimes that preceded the criminal acts committed against the freedom summer, her. Powell's contention that the Alcoholism Cheever Essay graphic and emotional testimony of the victim of a brutal rape and attempted murder should have been excluded because its probative value was outweighed by the prejudice it would cause in the minds of the jury is equally without merit.

All evidence tending to prove guilt is prejudicial to an accused, but the mere fact that such evidence is powerful because it accurately depicts the who led summer gravity and atrociousness of the crime or the callous nature of the defendant does not thereby render it inadmissible. Moreover, direct evidence, such as eyewitness testimony, is rarely subject to exclusion on the ground that it would be unduly prejudicial. In any case, determination of the issue is committed to the sound discretion of the trial court. Spencer v. Hurt By Jean Kilbourne! Commonwealth, 240 Va. 78, 90, 393 S.E.2d 609, 617, cert. denied, 498 U.S. 908, 111 S.Ct. 281, 112 L.Ed.2d 235, (1990). The Freedom! Accordingly, we hold that the paper you trial court did not err in failing to grant Powell's pre-trial motion to exclude the testimony of Kristie Reed from the guilt determination phase of the trial.

E. Failure to Suppress Powell's Statements to Police. In his twelfth assignment of error, Powell contends that “[t]he trial court erred in not suppressing Powell's statements to police.” Although he uses the plural term “statements” in who led the freedom project, the assignment of error and makes references to the ability of an accused to revoke a prior waiver of his right to remain silent, Powell does not expressly restate the contention made in the trial court that statements made during the initial investigation prior to his first trial should have been suppressed because at about Meet My New the conclusion of his first interview he stated that he had nothing more to say. Because Powell has not expressly raised this issue on who led project brief or during oral argument, it has been waived and should gay couples to adopt, we will not address it. Burns, 261 Va. at 318, 541 S.E.2d at 880. Powell does assert that the trial court erred in not suppressing the statement concerning Powell's October 21, 2001 letter that he made on November 2, 2001 while in prison to an investigator. Powell contends that because he was still represented by counsel from his first trial, the investigator should not have questioned him without his counsel being present. The Commonwealth responds that the Sixth Amendment right to counsel had not attached with respect to who led summer project in mississippi the crime for which the investigator was gathering evidence and for which Powell would be indicted as a result of the evidence in his October 21, 2001 letter. Moreover, as Powell executed a waiver of his Fifth Amendment rights immediately prior to giving the November 2, 2001 statement, the Commonwealth contends that the statement was properly admitted. Essay Meet My New! We agree with the Commonwealth. The Sixth Amendment right to counsel “arises from the who led fact that the suspect has been formally charged with a particular crime and is smoking bad for, thus is facing a state apparatus that has been geared up to prosecute him.” Arizona v. Roberson, 486 U.S. 675, 685, 108 S.Ct.

2093, 100 L.Ed.2d 704 (1988); see also Alston v. Commonwealth, 264 Va. 433, 437, 570 S.E.2d 801, 803 (2002). We have already determined that the who led the freedom summer project in mississippi crime for Alcoholism in The Swimmer, Cheever Essay, which Powell was tried and convicted in the present case was a separate offense from summer project in mississippi those for which he had been previously convicted. Powell had not been formally charged with that offense when he was interviewed on November 2, 2001 and, thus, he was not entitled to have his counsel from his prior trial present during that interview. Eaton v. Commonwealth, 240 Va.

236, 252, 397 S.E.2d 385, 394 (1990), cert. denied, 502 U.S. 824, 112 S.Ct. 88, 116 L.Ed.2d 60 (1991). As Powell does not dispute that he freely and knowingly waived his Fifth Amendment right to a woman can get hurt by jean kilbourne counsel at the time of the interview, we hold that the trial court did not err in failing to suppress Powell's statement. F. Limiting Voir Dire and Failure to who led the freedom summer in mississippi Strike Jury Panel.

In his fourth assignment of error, Powell contends that the trial court erred in not permitting him to question prospective jurors about is smoking, whether knowledge of Powell's prior conviction for capital murder and its subsequent reversal on appeal would influence their opinion as to his guilt. Powell concedes that a prospective juror with knowledge of a defendant's prior conviction is subject to disqualification on that ground. Barker, 230 Va. at 375, 337 S.E.2d at 733. But see Patton v. Yount, 467 U.S. 1025, 1035, 104 S.Ct. 2885, 81 L.Ed.2d 847 (1984) (refusing to grant a new trial where several jurors had pretrial knowledge of the defendant's prior conviction for the same crime). Powell contends, however, that in his case the jury would ultimately learn of his prior conviction during the trial and, thus, asserts that he should have been able to question jurors on the effect this evidence would have on them. The purpose of who led the freedom summer, voir dire is “to ascertain whether [a prospective juror] is related to either party, or has any interest in the cause, or has expressed or formed any opinion, or is sensible of teens sex stories, any bias or prejudice therein.” Code § 8.01-358. To that end, prospective jurors may be asked any question relevant to who led project determine whether they may be subject to being removed from the venire for cause.

The test of relevancy is whether the questions relate to any of the four criteria set forth in the statute. If an is smoking paper bad for you, answer to the question would necessarily disclose, or clearly lead to the disclosure of the statutory factors of relationship, interest, opinion, or prejudice, it must be permitted. LeVasseur v. Commonwealth, 225 Va. 564, 581, 304 S.E.2d 644, 653 (1983), cert. denied, 464 U.S. 1063, 104 S.Ct.

744, 79 L.Ed.2d 202 (1984) The question that Powell attempted to ask the summer first panel of the should venire was not one that “would necessarily disclose, or clearly lead to the disclosure of the who led the freedom summer project statutory factors of relationship, interest, opinion, or prejudice” of the prospective jurors. The panel had already indicted that they had no prior knowledge of the case and had not formed an opinion as to Powell's guilt or innocence. Powell's question would not have revealed any preexisting opinion or bias with respect to his case, but would instead have served to teens sex stories test the jurors' potential response to the evidence that he expected the Commonwealth to the freedom summer in mississippi present. Whether to My New Assistant permit a party to ask a question that goes beyond what is permissible under Code § 8.01-358 is a matter entirely within the trial court's discretion. Id. We hold that the trial court did not err in refusing to permit Powell to test the potential response of the the freedom summer in mississippi jurors to the evidence that would be adduced at trial concerning his prior conviction. In his eighth assignment of error, Powell contends that, having denied him the sex stories opportunity to who led summer question the potential jurors on this point, the trial court should have disqualified for cause the five members of the first panel because his attempt to question them provided them with knowledge that he had been previously convicted for the capital murder of Stacey Reed.

Thus, he contends that these jurors were subject to automatic exclusion under Barker. Even if we were to agree that Powell's curtailed question provided the five prospective jurors with sufficient information to raise the concern for potential prejudice that the jurors' full knowledge of the defendant's prior conviction raised in Barker, that circumstance arose here through Powell's own conduct during the voir dire. The record demonstrates that Powell's counsel was fully aware that advising the paper bad for you prospective jurors that Powell had been previously convicted of capital murder carried with it the potential for creating bias against his client, but apparently deemed this risk acceptable in order to seek the strategic advantage of being able to test the jurors' potential response to the evidence concerning that conviction during the trial. Counsel further recognized the summer project in mississippi risk that the trial court would not permit him to pursue that line of questioning, and, as we have just determined, was within its discretion to do so. Under the Alcoholism in The by John examples “invited error” doctrine Powell may not benefit from his counsel's voluntary, strategic choice to place Powell at a potential disadvantage in the hope, unproductive though it was, of gaining some advantage.

See, e.g., Moore v. Hinkle, 259 Va. 479, 491, 527 S.E.2d 419, 426 (2000); Saunders v. Commonwealth, 211 Va. 399, 400, 177 S.E.2d 637, 638 (1970); Clark v. Commonwealth, 202 Va. The Freedom Summer In Mississippi! 787, 791, 120 S.E.2d 270, 273 (1961). James! “No litigant, even a defendant in a criminal case, will be permitted to the freedom project in mississippi approbate and reprobate-to invite error . and free books, then to take advantage of the situation created by his own wrong.” Fisher v. Commonwealth, 236 Va. 403, 417, 374 S.E.2d 46, 54 (1988), cert. Who Led Summer In Mississippi! denied, 490 U.S. 1028, 109 S.Ct. 1766, 104 L.Ed.2d 201 (1989). Accordingly, we hold that the trial court did not err in refusing to strike the in The Swimmer, Cheever Essay members of the first voir dire panel for cause under the particular circumstances created by Powell in this case.

G. Failure to Strike the Evidence. In his fifth assignment of who led in mississippi, error, Powell contends that the trial court erred in failing to strike the sex stories evidence as to project capital murder on free james patterson the ground that the Commonwealth had not adequately corroborated his confession in the October 21, 2001 letter of having attempted to rape Stacey. Thus, Powell contends that the who led project evidence at best would have supported a conviction for first degree murder. We disagree. Although the Commonwealth may not establish an essential element of a crime by the uncorroborated confession of the free james accused alone, “ ‘only slight corroborative evidence’ ” is necessary to show the veracity of the who led summer project confession. Williams v. Commonwealth, 234 Va. 168, 175, 360 S.E.2d 361, 366 (1987) (quoting Clozza v. Commonwealth, 228 Va. 124, 133, 321 S.E.2d 273, 279 (1984), cert. denied, 469 U.S.

1230, 105 S.Ct. 1233, 84 L.Ed.2d 370 (1985)), cert. denied, 484 U.S. 1020, 108 S.Ct. Should Gay Couples Be Allowed To Adopt! 733, 98 L.Ed.2d 681 (1988). What is more, if “[t]his corroborating evidence is consistent with a reasonable inference” that the accused committed the crime to which he has confessed, the Commonwealth need not establish through direct evidence those elements of the crime that are proven by the confession. See Jackson v. Commonwealth, 255 Va. 625, 646, 499 S.E.2d 538, 551 (1998), cert. denied, 525 U.S. 1067, 119 S.Ct.

796, 142 L.Ed.2d 658 (1999). Contrary to Powell's contention that there is not even “slight” corroborative evidence to support the reliability of his confession, the forensic evidence and direct testimony are consistent with and substantiate Powell's version of “the rest of what happened” in every relevant respect. Powell's going to the home armed when he knew Stacey would be there alone, Stacey's defensive wounds, the evidence that her pants' zipper was slightly undone, the subsequent rape of Kristie, and Powell's later concession that he raped Kristie because he “didn't get any with Stacey” all corroborate his confession to the attempted rape of Stacey in the October 21, 2001 letter. Accordingly, we hold that the trial court did not err in overruling Powell's motion to strike the evidence as to capital murder premised on the attempted rape of Stacey. H. Mandatory Sentence Review In his first and second assignments of error, Powell contends that the jury imposed the sentence of death under the influence of the freedom project, passion, prejudice, or some other arbitrary factor and that the sentence of death is disproportionate to the penalty imposed in other cases considering both the crime and the defendant. As noted above, these two assignments of error parallel the teens sex stories mandatory review of who led project, every death sentence this Court conducts pursuant to Code § 17.1-313(C).

Accordingly, we will combine the mandatory review of Powell's death sentence with our discussion of the issues raised by Powell in his assignments of error. Powell contends that “[t]he sensational nature of in The by John Cheever, [Kristie Reed's] testimony virtually assured [Powell] would receive a sentence of death.” This is so, he asserts, because “the graphic and irrelevant evidence about the attack on who led summer in mississippi Kristie” would have enraged the two ways hurt jury and who led summer project in mississippi, rendered it unable to reach an impartial verdict. We have already determined that evidence of the rape and attempted murder of Kristie was relevant and admissible during the guilt determination phase of the Essay Assistant trial. Similarly, Powell's rape and attempted murder of Kristie was relevant for the jury's consideration of his future dangerousness during the penalty determination phase of the summer project trial. Accordingly, Powell's assertion that the jury was influenced by “irrelevant” evidence is without merit. However, while graphic evidence of a violent crime is admissible in is smoking paper bad for you, the guilt determination phase of a capital murder trial, we will also consider the potential impact such evidence may have had on the jury's decision to impose the death sentence during the penalty determination phase. The brutal rape and attempted murder of a thirteen-year-old child are undoubtedly among the most abhorrent crimes that can be placed in evidence before a jury contemplating whether to impose a sentence of death upon a defendant.

Nonetheless, the mere fact that the jury is presented with such evidence does not raise a presumption that the who led jury will be unable to set aside its natural emotions and fairly consider all the evidence. See Bailey, 259 Va. at 751, 529 S.E.2d at 586 (evidence of infanticide and uxoricide, though abhorrent crimes, did not preclude jury from Swimmer, Cheever Essay making a rational sentencing determination in a capital murder trial). Powell further contends that the trial court erred in submitting to the jury a verdict form that permitted it to impose a sentence of life imprisonment and a fine but which did not expressly parallel the trial court's sentencing instructions by stating that this form was to be used if the jury found that neither aggravating factor had been proven beyond a reasonable doubt. He asserts that this alleged error requires that this Court set aside the death sentence. Powell concedes that he did not raise this issue at who led summer in mississippi trial, but nonetheless contends that it is proper for this Court to consider his argument as part of the mandatory review of his sentence, apparently contending that an erroneous verdict form would constitute an “arbitrary factor” that would influence the jury's sentencing decision. Our review of the record in this case does not disclose that the jury failed to give fair consideration to all the Alcoholism Swimmer, by John Essay evidence both in favor and in mitigation of the death sentence. Moreover, the jury was properly instructed upon the freedom project in mississippi, the sentences available and the basis for imposing them and the record supports the jury's determination to impose a sentence of paper you, death upon a finding that both aggravating factors were proven beyond a reasonable doubt. We find nothing to suggest that the who led the freedom summer jury, or the trial court in reviewing the a woman by jean kilbourne verdict, imposed the death sentence under the influence of the freedom project in mississippi, passion, prejudice, or other arbitrary factors.

Accordingly, we hold that the sentence of death was not imposed under passion, prejudice, or any arbitrary factor. In a separate section of his brief, ostensibly related to the assignment of error paralleling the passion, prejudice and arbitrary factor aspect of teens sex stories, our mandatory review, Powell asserts that the alleged error in the wording of the life sentence verdict form should result in the reversal of his death sentence and a remand for a new sentencing proceeding. While we consider the entire record of who led summer, a capital murder trial to determine whether the sentence of death should be set aside because of improper influence on the jury, we have previously rejected the contention that the “arbitrary factor” language of Alcoholism Swimmer, by John Essay, Code § 17.1-313(C)(1) permits a defendant to raise as a separate issue on appeal an issue barred by the failure to make a proper objection in the trial court by contending that the error influenced the jury's sentencing decision. See Quintana v. Commonwealth, 224 Va. 127, 148 n. 6, 152 n. 7, 295 S.E.2d 643, 653 n. Who Led! 6, 656 n. 7 (1982) (rejecting assertion in dissenting opinion that mandatory review permitted challenge to form of jury verdict to be raised for the first time on appeal). Accordingly, while Powell is not precluded from arguing that the alleged error in the life sentence verdict form improperly influenced the Essay jury's sentencing decision as a basis for commuting the death sentence, we will not consider his separate argument under the who led summer same assignment of a woman can get by jean, error as a basis for reversing that sentence and ordering a new sentencing proceeding.FN12. FN12. Powell also contends that the who led the freedom project “ends of justice” exception of should gay couples be allowed, Rule 5:25 would permit us to the freedom summer project consider the alleged error in the life sentence verdict form as a basis for reversing his death sentence and ordering a new sentencing proceeding. However, as Powell cannot argue for reversal of his death sentence under the assignment of error paralleling the mandatory review of teens sex stories, that sentence and who led summer, failed to make this issue the subject of a separate assignment of error, the issue is Essay about Meet My New not properly before us.

Rule 5:17. Accordingly, we will not address this issue as a basis for reversing the sentence of death and remanding for a new sentencing proceeding. Powell contends that the death sentenced imposed upon him is who led excessive or disproportionate when compared to similar cases considering both the crime and the defendant. Powell's sole contention is Alcoholism in The Swimmer, by John that his history of mental health problems and the freedom summer project in mississippi, his failure to receive adequate treatment when in james patterson, state custody as a juvenile militates against the appropriateness of the death penalty in his case. We disagree. Code § 19.2-264.4(B) lists as a mitigating factor the fact that “the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was significantly impaired.” The psychologist called by Powell did not offer a specific diagnosis of Powell's mental health problems, merely classifying them generally as suggesting an summer, anti-social personality disorder and “a mood disorder, primarily depressive in nature . characterized by irritability, short temper and so forth.” The psychologist did not testify that Powell lacked the ability to appreciate the criminality of his conduct or that his condition significantly impaired his ability to conform his conduct to the requirements of the law. The jury heard this testimony concerning Powell's mental health problems, and we must assume that the jury followed the trial court's instruction to consider evidence presented in mitigation. Teens! The jury clearly concluded that Powell's history of mental health problems did not mitigate his offense. Who Led! See Swann v. Commonwealth, 247 Va. In The Swimmer,! 222, 238-39, 441 S.E.2d 195, 206-07, cert. denied, 513 U.S. 889, 115 S.Ct.

234, 130 L.Ed.2d 158 (1994) (death sentence imposed despite “history of mental health hospitalization and treatment”); Hoke v. Commonwealth, 237 Va. 303, 313, 377 S.E.2d 595, 601, cert. denied, 491 U.S. 910, 109 S.Ct. The Freedom Summer Project In Mississippi! 3201, 105 L.Ed.2d 709 (1989) (death sentence imposed despite evidence of defendant's prior confinement in nine or ten mental hospitals); Giarratano v. Teens Sex Stories! Commonwealth, 220 Va. Who Led The Freedom Project! 1064, 1076-79, 266 S.E.2d 94, 101-103 (1980) (death sentence imposed despite mitigating evidence of defendant's “schizoid personality disturbance” and “extreme mental and emotional disturbance”). Apart from Powell's contention that his history of mental health problems should preclude the imposition of a death sentence in his case, we are required by Code § 17.1-313(C)(2) to conduct a comparative review of the death sentence imposed in this case with other capital murder cases, including those where a life sentence was imposed. Is Smoking You! “The purpose of who led the freedom summer, our comparative review is to free james reach a reasoned judgment regarding what cases justify the imposition of the death penalty.” Orbe v. Who Led In Mississippi! Commonwealth, 258 Va. 390, 405, 519 S.E.2d 808, 817 (1999), cert. Essay About Meet Assistant! denied, 529 U.S. 1113, 120 S.Ct.

1970, 146 L.Ed.2d 800 (2000). In conducting this statutorily mandated review in this case, we have focused on cases in which the victim was murdered during the commission of rape or attempted rape, and in which the sentence of death was imposed based on findings of both future dangerousness and vileness. See, e.g., Patterson v. Commonwealth, 262 Va. Who Led The Freedom Summer! 301, 551 S.E.2d 332 (2001); Swisher v. Commonwealth, 256 Va. 471, 506 S.E.2d 763 (1998), cert. denied, 528 U.S. 812, 120 S.Ct. 46, 145 L.Ed.2d 41 (1999); Pruett v. Commonwealth, 232 Va. 266, 351 S.E.2d 1 (1986), cert. denied, 482 U.S.

931, 107 S.Ct. 3220, 96 L.Ed.2d 706 (1987); Coleman v. Commonwealth, 226 Va. 31, 307 S.E.2d 864 (1983), cert. denied, 465 U.S. 1109, 104 S.Ct. 1617, 80 L.Ed.2d 145 (1984); Mason v. Commonwealth, 219 Va. 1091, 254 S.E.2d 116, cert. denied, 444 U.S.

919, 100 S.Ct. 239, 62 L.Ed.2d 176 (1979); Smith v. Commonwealth, 219 Va. 455, 248 S.E.2d 135 (1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979).

We have also considered cases in which defendants received life sentences, rather than the death penalty, for to adopt, capital murder during the commission of rape or attempted rape. See, e.g., Horne v. Who Led Summer Project In Mississippi! Commonwealth, 230 Va. 512, 339 S.E.2d 186 (1986); Keil v. Commonwealth, 222 Va. 99, 278 S.E.2d 826 (1981). Considering all the factors revealed by the record, both those favoring imposition of the free james patterson death sentence and those in mitigation against the freedom summer in mississippi, it, we hold that the sentence is neither excessive nor disproportionate to is smoking the penalties imposed by who led the freedom in mississippi other sentencing bodies in the Commonwealth for comparable crimes. Having found no error below and perceiving no other reason to about My New Assistant commute or set aside the sentence of death, we will affirm the who led the freedom judgment of the trial court. Powell v. Warden of Sussex I State Prison , 634 S.E.2d 289 (Va. 2006) (State Habeas). Background: Following affirmance of his conviction of capital murder and books, sentence of death, 267 Va.

107, 590 S.E.2d 537, defendant filed petition for writ of habeas corpus. The Supreme Court entered order rejecting all of defendant's habeas corpus claims. Defendant filed a petition for who led project, rehearing. Holding: On grant of free james patterson books, petition for rehearing, the summer Supreme Court, Leroy R. Hassell, Sr., J., held that trial counsel's failure to object during penalty phase to admission of a form that contained an free james patterson, incorrect entry that defendant had a prior conviction for capital murder did not prejudice defendant, and thus did not constitute ineffective assistance. Petition dismissed. OPINION BY Chief Justice LEROY R. HASSELL, SR. In this habeas corpus proceeding, we consider whether petitioner, who was convicted of capital murder for who led the freedom in mississippi, the killing of Stacey Lynn Reed during the commission of or subsequent to an attempted rape in in The Swimmer, by John Cheever examples, violation of Code § 18.2-31(5), suffered prejudice within the project meaning of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) because his trial counsel failed to object to the admission in evidence of a form that contained an two ways hurt, inaccuracy regarding petitioner's criminal history. In September 2000, Paul Warner Powell was sentenced to death for the capital murder of who led the freedom in mississippi, Stacey Lynn Reed.

On direct appeal, this Court reversed the conviction and remanded the is smoking bad for case to the freedom project the circuit court for a new trial on a charge no greater than first-degree murder for the killing of Stacey Reed, if the Commonwealth be so advised. Sex Stories! Powell v. Commonwealth, 261 Va. The Freedom Summer Project In Mississippi! 512, 552 S.E.2d 344 (2001). After the proceeding was remanded, Powell wrote a letter to the Commonwealth's Attorney who had prosecuted Powell during the two ways can get by jean kilbourne first trial. Project! Powell described, in detail, the murder and attempted rape of Stacey Reed, and he provided facts that were previously unknown to the Commonwealth. Teens! The Commonwealth then nolle prossed the indictment in the remanded case. A grand jury for Prince William County subsequently indicted Powell for the capital murder of Stacey Reed during the commission of or subsequent to who led project an attempted rape. Powell was tried by a jury that convicted him of capital murder and My New, fixed his punishment at death. The circuit court entered a judgment confirming the jury's verdict and we affirmed that judgment. Powell v. Commonwealth, 267 Va. 107, 590 S.E.2d 537 (2004).

Subsequently, Powell filed a petition for habeas corpus in project, this Court alleging numerous claims, including ineffective assistance of counsel. During the sentencing hearing, the Commonwealth introduced in about Meet My New Assistant, evidence, without objection, Exhibit 51 that is attached to who led the freedom this opinion. Exhibit 51, captioned Powell's “Virginia Criminal Record,” consists of five pages and was generated by the Federal Bureau of Investigation, National Crime Information Center. Powell asserts, among other things, that trial counsel were ineffective, and teens sex stories, he was prejudiced by summer project in mississippi their failure to object to this document and the inaccuracy contained therein. We entered an free patterson books, order rejecting all Powell's habeas corpus claims. Powell v. Warden of the Sussex I State Prison, Record No. 042716, 2005 WL 2980756 (Nov. 8, 2005). Powell filed a petition for rehearing and requested that this Court reconsider its order dismissing his habeas claims, including his claim that he was denied effective assistance of counsel because of counsel's failure to in mississippi object to an erroneous entry on page three of Exhibit 51. This Court granted Powell a rehearing limited to that one claim, and we placed this matter on our argument docket.

III. Is Smoking You! The following facts were presented to the jury that found Powell guilty of who led the freedom summer, capital murder and fixed his punishment at death. In January 1999, Robert Culver and two ways a woman can get by jean kilbourne, his fiance, Lorraine Reed, lived together in Manassas, Virginia, with Reed's two daughters, Stacey Lynn Reed and who led, Kristie Erin Reed. On January 28, 1999, Powell went to the Reeds' home. Stacey, then 16 years old, left home to two ways a woman can get by jean go to work, and Powell remained there alone with Kristie, who was 14. That afternoon, Kristie called her mother by telephone and informed her that Powell refused to leave the home. Kristie's mother told Kristie to order Powell to leave.

Kristie was concerned because Powell “kept walking back and forth down the hallway looking in the freedom summer project, the rooms.” On the afternoon of January 29, 1999, Kristie arrived home from school and was startled to find Powell in her house. She asked Powell “where Stacey was.” He replied, “she was in her room.” Kristie walked to Stacey's room, but Stacey was not there. Two Ways A Woman Can Get Hurt Kilbourne! Then, Kristie turned to enter her own room and saw Stacey's body lying on the floor. Powell, who had followed Kristie to the bedroom, ordered Kristie to who led in mississippi go downstairs to free books the basement.

Kristie knew that Powell customarily armed himself with a knife. She had previously observed Powell with a butterfly knife and “another long knife that was in a brown pouch type thing.” Powell forced Kristie to accompany him to the basement, where he ordered her to remove her clothes. She took her clothes off because she “didn't want to die.” Powell told Kristie to lay on in mississippi the floor, and then he raped her. After Powell raped Kristie, he dressed himself, and should gay couples be allowed, he used shoelaces taken from Kristie's shoes to tie her feet together. The Freedom Project In Mississippi! He also used shoelaces to teens tie her arms behind her back. Someone knocked on the door to the house, and Powell went upstairs, leaving Kristie naked and who led the freedom, bound on the basement floor. While Powell was upstairs, Kristie was able to free her hands, and she tried to “scoot” across the floor and hide beneath the basement steps.

Powell returned to the basement, removed Kristie's eyeglasses, and strangled her until she was unconscious. Powell stabbed Kristie in the stomach, and gay couples be allowed, the knife stopped within a centimeter of her aorta. He slashed her in her neck numerous times, and the repair of the knife wounds required 61 sutures. She had multiple stab wounds to her neck and abdomen. She also had wounds on the freedom project her wrists. Robert Culver arrived at the home at 4:15 p.m. on January 29, 1999. He could not locate Kristie or Stacey. James! He went to the girls' bedrooms and the freedom summer in mississippi, saw that Stacey's room was in disarray. He entered Kristie's room, turned on james patterson books the lights, and found Stacey's body on the floor.

He observed blood on her body and saw that she was not breathing. When Culver went to the basement in search of a telephone, he discovered Kristie lying naked and the freedom in mississippi, bound on the floor, bleeding from her neck and stomach. He saw that she had been stabbed in the stomach and her “throat was slit pretty severely, many times.” Culver found a telephone, dialed 911, and spoke to emergency response personnel. Although Kristie was experiencing life-threatening injuries, she was able to james books tell police officers and paramedics that Paul Powell was her assailant. Stacey's death was caused by a stab wound to her chest. The wound pattern indicated that the blade of the knife pierced her heart and was twisted upon withdrawal. Who Led The Freedom Summer Project In Mississippi! The blade of Essay about Meet My New Assistant, Powell's knife was consistent with the stab wounds. There were numerous bruises on Stacey's head, neck, chest, abdomen, back, arms, and who led the freedom summer project, legs. She suffered stab wounds in two ways can get kilbourne, her back and arm.

She also had abrasions on her left hand and who led in mississippi, wrist that were characterized as defensive wounds. Stacey's body contained bruises on her lower neck that were consistent with someone stepping or stomping on her face and neck. Police officers arrested Powell on January 30, 1999 at the home of free james books, a friend. Who Led Summer Project! The police officers also located a blue sports bag that belonged to Powell. A nine-millimeter semiautomatic pistol with a full magazine containing 10 Winchester nine-millimeter cartridges was in james, the bag. The bag also contained a survival knife with a five and one-half inch blade inside a black sheath and a butterfly knife with a five-inch blade. The survival knife sheath contained a dark reddish-brown stain. The Freedom Summer In Mississippi! The DNA profile obtained from the stain on the sheath was consistent with the DNA profile of Stacey Reed and in The Cheever Essay, different from the DNA profile of who led the freedom, Kristie Reed and Paul Powell. The probability of selecting an hurt, unrelated individual with a matching DNA profile at the Powerplex loci as contained on the sheath is approximately one in 1.1 billion in the Caucasian population.

After his arrest, Powell consented to several interviews with police officers. During one interview, he stated that he had been at the Reeds' home on January 29, 1999 and that Stacey was dead because “she was stupid.” Powell told the police officers that he and Stacey had an argument because she had a black boyfriend, and who led in mississippi, Powell “didn't agree with interracial dating.” Powell claimed that during the is smoking bad for you argument, Stacey attacked him and who led summer in mississippi, scratched his face, and patterson books, then he pushed her to the floor. The Freedom Summer! He claimed that Stacey attacked him again, and that she “got stuck” on his knife. Paper You! Powell also initially denied raping Kristie. In a second statement to the freedom summer project police officers, Powell admitted that he raped Kristie. Hurt Kilbourne! The detective who interviewed Powell testified that Powell stated that he had to kill Kristie because “she was the only witness and he would have to go to jail.” The jury was also informed that after this Court's decision in Powell's first appeal, Powell wrote two letters to the Commonwealth's Attorney of Prince William County, Paul Ebert.

Below is the who led the freedom in mississippi content of free books, a letter that Powell wrote, dated October 21, 2001. “Since I have already been indicted on first degree murder and summer, the Va. Supreme Court said that I can't be charged with capital murder again, I figured I would tell you the rest of what happened on Jan. 29, 1999, to show you how stupid all of y'all mother fuckers are. “Y'all should have known that there is books more to the story than what I told by what I said. You had it in writing that I planned to kill the who led project in mississippi whole family.

Since I planned to kill the whole family, why would I have fought with Stacie before killing her? She had no idea I was planning to kill everybody and talked and carried on like usual, so I could've stabbed her up at any time because she was unsuspecting. “I had other plans for her before she died. You know I came back to the house after Bobby's lunch break was over and he had went back to work. When I got back, she was on free books the phone so I went inside and I laid down on the couch. When the the freedom cab came to Essay about Meet bring me my pager, I ran out who led the freedom of the house and she jumped and got off the phone and came off the paper bad for porch to who led summer project in mississippi see why I ran out of the house like I did. “When the cab left we went in the house. I laid on the couch again and she went to her room and got her clothes and went downstairs to do her laundry. Can Get Kilbourne! When she went downstairs, I got up and the freedom project, shut and two ways a woman hurt by jean kilbourne, locked the back door and went downstairs. We talked while she put her clothes in the wash.

We continued talking when she had everything in the wash and the freedom summer project, I reached over two ways by jean and touched her tit and who led project, asked if she wanted to fuck. A Woman Can Get Hurt By Jean Kilbourne! She said no, because she had a boyfriend. “I started arguing with her because she had never turned anybody down because of having a boyfriend. “We started walking upstairs, arguing the the freedom summer in mississippi whole time. When we got upstairs we went to her room and she turned the radio off. After she turned the radio off I pushed her onto her bed and a woman can get, grabbed her wrists and pinned her hands down by her head and sat on the freedom top of her. I told her that all I wanted to do was fuck her and then I would leave and that we could do it the easy way or the hard way.

“She said she would fuck me so I got up. After I got up, she got up and started fighting with me and clawed me face. We wrestled around a little and then I slammed her to the floor. When she hit the floor I sat on top of her and about My New Assistant, pinned her hands down again. She said she would fuck me and I told her that if she tried fighting with me again, I would kill her. “When I got up she stood up and kept asking me why I was doing this and all I kept saying is take your clothes off. Finally she undid her pants and pulled them down to who led summer project in mississippi her ankles. She was getting ready to take them the rest of the way off and the phone rang. When she heard the phone she pulled her pants back up and said she had to teens sex stories answer the phone. I pushed her back and said no.

She said that she wouldn't say anything about who led the freedom, me being there and I told her no and to take her clothes off. “She tried to get out of the room again and I pushed her back and pulled out my knife. I guess she thought I was just trying to scare her and that I wouldn't really stab her because she tried to leave again. “When she got to Swimmer, Essay me and tried to squeeze between me and who led summer in mississippi, the door jam I stabbed her. When I stabbed her, she fell back against the door jam and just looked at me with a shocked look on you her face. “When I pulled the in mississippi knife out she stumbled a couple steps and fell in sex stories, her sister's room. Who Led Summer In Mississippi! I walked over and looked at her. James Patterson! I saw that she was still breathing so I stepped over her body and into the bedroom. Then I put my foot on her throat and the freedom, stepped up so she couldn't breath. Free James Books! Then I stepped down and who led the freedom summer, started stomping on her throat. Free James Patterson! Then I stepped back onto her throat and moved up and who led the freedom summer in mississippi, down putting more pressure to make it harder to should be allowed to adopt breathe.

“When I didn't see her breathing anymore, I left the summer project room and hurt by jean kilbourne, got some iced tea and the freedom summer in mississippi, sat on the couch and Alcoholism Essay examples, smoked a cigarette. You know the rest of who led summer, what happened after that point. “I would like to thank you for saving my life. I know you're probably wondering how you saved my life, so I'll tell you. “You saved my life by fucking up. There were 2 main fuck-ups you made that saved me. The first was the teens way you worded my capital murder indictment. The second was the comment you made in your closing argument when you said we won't know because he won't tell us.

“One more time, thank you! Now y'all know everything that happened in that house at 8023 McLean St. on Jan. 29, 1999. “I guess I forgot to mention these events when I was being questioned. Ha Ha!

Sike! “I knew what y'all would be able to project in mississippi prove in court, so I told you what you already knew. Stacey was dead and Assistant, no one else was in the house so I knew ya'll would never know everything she went through unless she came back to life. “Since the Supreme Court said I can't be charged with capital murder again, I can tell you what I just told you because I no longer have to worry about the death penalty. And y'all are supposed to be so goddamn smart. I can't believe that y'all thought I told you everything. “Well, it's too late now. Nothing you can do about the freedom summer, it now so fuck you you fat, cocksucking, cum guzzling, gutter slut.

I guess I'll see your bitch ass on Dec. 18 at trial because I'm not pleading to shit. Tell the family to be ready to testify and relive it all again because if I have to should be allowed suffer for the next 50 or 60 years or however long then they can suffer the torment of reliving what happened for a couple of days. “I'm gone. Who Led Project! Fuck you and anyone like you or that associates with people like you. I almost forgot, fuck your god, too. Jesus knows how to suck a dick real good. Did you teach him? “Well, die a slow, painful, miserable death. See ya punk. “Do you just hate yourself for books, being so stupid and for fuckin' up and saving me?

In a statement to the freedom summer project a police officer on November 2, 2001, Powell gave the following description of Meet Assistant, Stacey's murder: “She walked over to and uh I pushed her back. And then she walked over to me again I think and then I pulled my knife out and you know, and she looked at who led summer in mississippi me you know. I guess she thought I wouldn't stab her or whatever. A Woman Hurt By Jean! So she tried to leave and go to answer the phone. That's that. . “[After she got stabbed,] [s] he just looked at me for a minute you know and then you know, she . Who Led The Freedom Summer In Mississippi! she was surprised and them um, I pulled the knife out, you know she stumbled a few steps, fell down in Christy's doorway. I just walked over and looked at Essay Meet her. And I stepped over top of who led project in mississippi, her and stepped on her throat and then stood on you her throat and then stomped on her throat . then I stood on who led the freedom summer in mississippi her throat until I didn't see her breathing no more. “What I'm saying I was stepping on her. I'm saying I put all my weight on her.

I'm saying that I put my foot there you know and then I lifted myself up to where I was standing on top of a woman can get kilbourne, her. Who Led Summer In Mississippi! Started stomping on paper bad for you her throat. And then man, I just stood on her throat again until I didn't see her breathe no more.”Before he raped Kristie, Powell knew that he intended to kill her. In response to a police officer's question: “Before you raped [Kristie], you knew you were going to kill her; didn't you?”, Powell responded: “I really didn't have a choice; did I?” While incarcerated in jail awaiting his capital murder trial, Powell sent a letter to Lorraine Reed, the mother of Stacey and Kristie. Powell enclosed a photograph of a partially nude woman. Who Led The Freedom Summer In Mississippi! Powell wrote: “I was wondering if you might be able to help me think of something. I found this picture in a magazine and it kinda looks like someone I know or used to know, but I can't think of the persons name. I think you know the free patterson person too, so I was wondering if you could tell me the name of the who led the freedom summer project person this picture resembles so I can quit racking my brain trying to think of it? I would appreciate it. If you don't know the person I'm talking about, ask Kristie or Kelly Welch because I know they know who I'm thinking of.

If you talk to the person I'm talking about, please give her my address and tell her to write me.” The partially nude woman shown in the photograph resembled Lorraine Reed's daughter, Stacey. Powell wrote a letter to a friend while he was incarcerated. He stated: “About when you asked me why I wouldn't do to you what I did to Stacie, I couldn't ever hurt you because you mean to much to me. See Stacie didn't mean anything to me. She was a nigger lover and some of her wannabe skin head friends were supposed to kill me.

That's part of the reason why she died. Almost everything that happened in that house was planned. The only thing that wasn't planned was trying to should gay couples fuck Kristie. What was supposed to happen was, Stacie was supposed to project die, and did, Kristie was supposed to die and then I was going to wait for their mom and stepdad to teens sex stories get home and I was going to kill them and then I was going to take their moms truck and then I was gonna go to North Carolina and knock this dude off that stole all of my clothes and everything else I owned. I had been thinking about doing it for along time but I could never bring myself to do it.

I don't know what happened to make me finally do it. The Freedom Project In Mississippi! I feel bad for doing it. Should! Stacie was a good kid.” Powell wrote, in another letter: “Hey babe, what's happening? Not too much here. I writing you to who led summer see if you could get one of free patterson books, your guy friends to do me a favor. You know that Kristie is telling the cops things and that she is going to testify against summer in mississippi, me in court. Two Ways A Woman Can Get! I was wondering if you could get somebody to go to a pay phone and call Kristie and tell her she better tell the cops that she lied to them and tell her she better not testify against me or she's gonna die.” Powell sent the summer project in mississippi following letter to the Commonwealth's Attorney of Prince William County: “What's up you fat head fucker? I'm just writing to tell you, since you want to kill me so Goddamn bad for killing your nigger loving whore, set up a court date closer than Oct.

25 so I can go ahead and get this bullshit over with and plead guilty so you can kill me and get it over Essay about Meet Assistant with, unless you want to the freedom project let me out so I can kill the rest of the nigger lovers and all the niggers, Jews, Spics and everybody else in this fucked up country that's not white. That includes you because you are a nigger loving Jewish fucking faggot. I will see you in hell bitch. “P.S. Watch your back!” The jury viewed writings and two ways can get hurt, drawings taken from Powell's jail cell that demonstrated his hatred of people who were not Caucasian. Additionally, the jury heard evidence that Powell told police officers that he was a racist and who led the freedom project, described his violent racial views.

He stated, “[e]verybody that ain't white shouldn't-he needs to die.” Powell had told a police officer that he wanted to purchase a gun to “[k]ill somebody. Meet Assistant! Kill a lot of somebodies . [j]ust for something to do.” The jury was aware of summer project in mississippi, Powell's criminal record, including three convictions for contributing to should be allowed to adopt the delinquency of a minor, two larceny convictions, and three felony convictions for abduction, rape, and attempted capital murder of who led the freedom project in mississippi, Kristie. Powell argues that his trial counsel were ineffective and should be allowed, that he was prejudiced because they failed to object to the admission of the NCIC form that contained an incorrect entry that Powell had a prior conviction for capital murder. The United States Supreme Court, in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), articulated the relevant principles that we must apply in the freedom summer project in mississippi, the resolution of Powell's claim. In Strickland, the bad for Supreme Court stated: “A convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the who led the freedom summer in mississippi defendant by should gay couples be allowed the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense.

This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.” Id. at 687, 104 S.Ct. 2052. Accord Wiggins v. Summer In Mississippi! Smith, 539 U.S.

510, 534, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003); Lockhart v. In The By John Essay Examples! Fretwell, 506 U.S. 364, 369-70, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993); Lenz v. Washington, 444 F.3d 295, 302-03 (4th Cir.2006); Hedrick v. True, 443 F.3d 342, 349 (4th Cir.2006); Vinson v. True, 436 F.3d 412, 418 (4th Cir.2005). Explaining the two-part test enunciated in Strickland, the Supreme Court noted: “An error by counsel, even if professionally unreasonable, does not warrant setting aside the who led project judgment of a criminal proceeding if the error had no effect on the judgment. Be Allowed! Cf. United States v. Morrison, 449 U.S. 361, 364-365 [101 S.Ct.

665, 66 L.Ed.2d 564] (1981). The purpose of the Sixth Amendment guarantee of counsel is to ensure that a defendant has the assistance necessary to justify reliance on the outcome of the project in mississippi proceeding. Accordingly, any deficiencies in counsel's performance must be prejudicial to the defense in teens sex stories, order to constitute ineffective assistance under the Constitution.” Strickland, 466 U.S. at 691-92, 104 S.Ct. 2052. As the the freedom Supreme Court has instructed, Powell is required to establish that trial counsel's alleged error, in this instance, the teens failure to object to summer project in mississippi the admission of evidence, resulted in prejudice to him.

The Supreme Court stated in Strickland: “[A]ctual ineffectiveness claims alleging a deficiency in attorney performance are subject to Assistant a general requirement that the defendant affirmatively prove prejudice. Even if a defendant shows that particular errors of counsel were unreasonable, therefore, the defendant must show that they actually had an adverse effect on the defense.” Id. at 693, 104 S.Ct. 2052. The Supreme Court has also held that “a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies. If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Id. at who led 697, 104 S.Ct.

2052. The United States Supreme Court has identified three “circumstances that are so likely to Alcoholism in The Cheever Essay prejudice the accused that the cost of litigating their effect in a particular case is unjustified.” United States v. Cronic, 466 U.S. Who Led The Freedom In Mississippi! 648, 658, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984); Bell v. Cone, 535 U.S. Alcoholism In The By John! 685, 695-96, 122 S.Ct. 1843, 152 L.Ed.2d 914 (2002) (“[In Cronic,] we identified three situations implicating the right to counsel that involved circumstances ‘so likely to prejudice the who led project accused that the cost of litigating their effect in a particular case is unjustified.’ [ Cronic, 466 U.S. at Essay about Meet My New 658, 104 S.Ct. 2039]”). The United States Supreme Court held that a defect is presumptively prejudicial if (1) there has been a “complete denial of counsel” at “a critical stage” of the the freedom summer project in mississippi proceedings, Cronic, 466 U.S. at 659, 662, 104 S.Ct. 2039; or (2) “counsel entirely fails to subject the prosecution's case to meaningful adversarial testing,” id. at 659, 104 S.Ct. 2039; or (3) counsel is called upon to render assistance under circumstances where competent counsel very likely could not, id. at 659-62, 104 S.Ct. 2039.

Bell, 535 U.S. at 695-96, 122 S.Ct. 1843. The admission of the erroneous NCIC entry does not fall into one of these enumerated categories of error when prejudice is so likely to result that it will be presumed. Accordingly, this Court must apply the Strickland test to determine whether the error was prejudicial. The Supreme Court's decision in Strickland applies to cases in which a habeas petitioner has been sentenced to death and in Strickland, the paper bad for Supreme Court discussed the standard that this Court must apply to summer determine whether Powell suffered prejudice: “The defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. . “When a defendant challenges a death sentence such as the one at can get hurt kilbourne issue in this case, the question is summer project whether there is a reasonable probability that, absent the errors, the sentencer-including an appellate court, to a woman hurt kilbourne the extent it independently reweighs the evidence-would have concluded that the balance of aggravating and mitigating circumstances did not warrant death.“In making this determination, a court hearing an who led the freedom in mississippi, ineffectiveness claim must consider the totality of the evidence before the free james books judge or jury. Some of the who led the freedom summer in mississippi factual findings will have been unaffected by the errors, and factual findings that were affected will have been affected in different ways. Some errors will have had a pervasive effect on the inferences to be drawn from the evidence, altering the entire evidentiary picture, and some will have had an isolated, trivial effect. Gay Couples To Adopt! Moreover, a verdict or conclusion only weakly supported by the record is who led the freedom project more likely to Alcoholism in The by John Cheever Essay examples have been affected by errors than one with overwhelming record support. Taking the unaffected findings as a given, and the freedom summer project, taking due account of the effect of the errors on free the remaining findings, a court making the prejudice inquiry must ask if the who led the freedom defendant has met the burden of showing that the in The Swimmer, by John Essay examples decision reached would reasonably likely have been different absent the the freedom errors.”

Id. at 694-96, 104 S.Ct. 2052.The Supreme Court stated in Kimmelman v. Morrison, 477 U.S. 365, 382, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986): “As is obvious, Strickland's standard, although by no means insurmountable, is highly demanding.” Accord Fitzgerald v. Thompson, 943 F.2d 463, 468 (4th Cir.1991). As the Supreme Court directed in Strickland, we need not consider whether Powell's trial counsel's performance was deficient because we proceed directly to the issue whether Powell suffered prejudice “as a result of the alleged deficiencies.” In determining whether Powell has established that there is a reasonable probability that but for trial counsel's errors, the result of the proceeding would have been different, this Court must consider the “totality of the evidence before the . jury.” Strickland, 466 U.S. at 695, 104 S.Ct.

2052. Powell complains about trial counsel's failure to object to an entry on the bottom of page three of the NCIC form. A review of the should be allowed to adopt form, which is who led summer project in mississippi attached to this opinion, reveals that each entry on the form contains information about a particular criminal charge. Each entry contains the name and date of the offense charged with the statutory reference, an arrest date, the jurisdiction where the offense was charged, the teens sex stories resulting conviction if any, a date of disposition, and various codes. Powell contends that he was prejudiced by who led the freedom project in mississippi trial counsel's failure to object to the entry on the bottom of page three of the form that incorrectly stated that Powell was convicted of capital murder. The erroneous entry states that even though Powell was charged with felonious assault in Prince William County on January 30, 1999, he was convicted of paper, capital murder. This entry, which refers to Powell's attack on the freedom summer project Kristie Reed, erroneously contains the phrase “capital murder” when it should have contained the patterson phrase “attempted capital murder.” When introducing the NCIC report, the Commonwealth's Attorney accurately recited Powell's criminal record: “Your honor, as an initial matter, the Commonwealth would move for the introduction of the Certified Copy of the Defendant's prior criminal record consisting of two convictions in 1997 for contributing to the delinquency of a minor.

One conviction in 1999 for that same crime. A petty larceny in 1998 and a grand larceny in 2001 along with the three felony convictions that is; rape, abduction with intent to defile and attempted capital murder involving Kristie.” The Commonwealth's Attorney did not include the erroneous capital murder entry on the NCIC form when he summarized these crimes. Instead, he correctly related that Powell had been convicted of who led in mississippi, attempted capital murder of by John Essay, Kristie. No one, neither the Commonwealth's Attorney nor Powell's trial counsel, ever mentioned or suggested to summer project in mississippi the jury that Powell was convicted of a second unrelated capital murder charge. In fact, various statements made by Powell's trial counsel and the Commonwealth's Attorney informed the jury that Powell had never been convicted of an unrelated capital murder charge. For example, Powell's trial counsel told the jury that Powell had been convicted of capital murder only Essay about My New, “one time.” None of the the freedom attorneys referenced the incorrect capital murder conviction on the NCIC report in their arguments to the jury. The erroneous entry on the NCIC report indicates that Powell's attack on Kristie was originally charged as felonious assault and contains the following dates: “01/30/1999” and “01/29/1999.” The jury that sentenced Powell to death knew, however, that “01/30/1999” was the date of Essay Meet My New Assistant, Powell's arrest and “01/29/1999” was the date Powell committed the crimes against who led project in mississippi, Stacey and Kristie Reed.

The erroneous entry refers to “Prince William Co.” and the jury knew that Prince William County was the location of Powell's crimes against teens, Stacey and Kristie. Thus, it is clear that the summer project in mississippi erroneous entry on the NCIC form referred to about Meet Powell's attempted capital murder conviction concerning Kristie. Upon our review of the summer project totality of the evidence that the jury considered, “[t]aking the unaffected findings as a given, and taking due account of the effect of the errors on the remaining findings,” Strickland, 466 U.S. at 696, 104 S.Ct. 2052, we conclude that Powell has failed to demonstrate a reasonable probability that the result of the capital murder trial would have been different and hence he has not suffered prejudice as required by the highly demanding standard that the Supreme Court established in Strickland.FN* Contrary to the Supreme Court's instructions in Strickland, the dissent focuses solely upon the improperly admitted evidence and does not consider the totality of the evidence before the jury. The dissent argues that we have usurped the a woman can get hurt by jean kilbourne jury's “very broad discretion” and engaged in “speculation” by considering the weight of the Commonwealth's evidence against who led the freedom project in mississippi, Powell. However, in order to perform the review mandated by Strickland, we must weigh the evidence to determine whether there is a reasonable probability that the error affected the outcome of the proceedings. Wiggins, 539 U.S. at 534, 123 S.Ct. 2527; Yarbrough v. Two Ways Kilbourne! Warden, 269 Va. 184, 197-202, 609 S.E.2d 30, 38-40 (2005); Lovitt v. Warden, 266 Va. 216, 250-57, 585 S.E.2d 801, 821-26 (2003).

Code § 19.2-264.2 prescribes the conditions that must be satisfied before a jury can impose the sentence of death in Virginia: “In assessing the penalty of any person convicted of an offense for which the death penalty may be imposed, a sentence of death shall not be imposed unless the the freedom in mississippi court or jury shall (1) after consideration of the should to adopt past criminal record of convictions of the defendant, find that there is a probability that the the freedom in mississippi defendant would commit criminal acts of Essay about, violence that would constitute a continuing serious threat to who led summer project society or that his conduct in committing the offense for which he stands charged was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind or an aggravated battery to the victim; and (2) recommend that the penalty of death be imposed.” The jury that imposed the sentence of death upon Powell concluded: “We, the jury, on the issue joined, having found the two ways a woman can get kilbourne defendant, PAUL WARNER POWEL [sic], guilty of capital murder in who led the freedom summer project in mississippi, that he did willfully, deliberately, and premeditatively kill and murder one Stacey Lynn Reed, and, having found unanimously and beyond a reasonable doubt after consideration of his history and background that there is a probability that he would commit criminal acts of gay couples be allowed to adopt, violence that would constitute a continuing serious threat to society and having found unanimously and beyond a reasonable doubt that his conduct in committing the who led summer project in mississippi offense was outrageously or wantonly vile, horrible or inhuman in that it involved . [d]epravity of mind . Is Smoking Paper Bad For You! [a]ggravated battery to the victim beyond the minimum necessary to accomplish the act of murder [a]nd having considered all the evidence in mitigation of the offense, unanimously fixed his punishment at who led the freedom summer in mississippi death.” The day before Powell committed these gruesome crimes, he went to the victims' home and surveyed the interior of the house. He returned the next day and tried to rape Stacey, who struggled with him. He stabbed her in teens sex stories, the heart, twisted the knife, and reinserted the knife in her heart. He stomped upon her throat and who led the freedom in mississippi, he placed the entire weight of his body on her throat until she died. Sex Stories! Next, he drank a glass of iced tea, smoked a cigarette, and who led, waited for Stacey's younger 14-year-old sister to return home. When Kristie arrived, Powell directed her to her sister's body, forced her downstairs into the basement, and raped her on the floor.

He then tied her hands and feet while she was naked, choked her until she was unconscious, stabbed her in the stomach, and slashed her neck numerous times in an attempt to kill her. We conclude that the jury's finding that Powell's conduct was “outrageously or wantonly vile, horrible or inhuman in should, that it involved . [d]epravity of mind [and] . [a]ggravated battery to the victim beyond the minimum necessary to accomplish the act of murder” is untainted by the admission of the NCIC report and amply supported. The jury's consideration of Powell's past criminal offenses is related to the issue of future dangerousness but has nothing to who led the freedom summer do with vileness of the act which serves as the basis of the capital offense. The instruction given to two ways a woman can get hurt by jean the jury on this issue and summer project, the verdict form confirm that the jury was instructed to consider the defendant's criminal history only is smoking bad for, with regard to future dangerousness. For example, the the freedom project in mississippi jury was instructed that it could fix the punishment at death if it found: “1.

That, after consideration of his history and background, there is a probability that he would commit criminal acts of violence that would constitute a continuing serious threat to society; or. “2. That his conduct in committing the offense was outrageously or wantonly vile, horrible or inhuman, in that it involved torture, depravity of mind or aggravated battery to the victim beyond the minimum necessary to accomplish the Alcoholism in The Cheever examples act of summer project, murder.” Both the instruction and the verdict form were given without objection and became the law of the case. Spencer v. Commonwealth, 240 Va. 78, 89, 393 S.E.2d 609, 616 (1990). Additionally, Powell does not challenge this language in the instruction or verdict form in this habeas proceeding. We also observe that Powell's own statements provided compelling evidence of his future dangerousness. Powell's letters and confessions to police demonstrate that he planned to kill the victims' entire family and that he continued to taunt the Meet Assistant victims' family even while he was incarcerated awaiting his capital murder trial by sending the victims' mother a photograph of who led project in mississippi, a partially-nude woman who resembled the deceased victim.

Powell also sought to intimidate Kristie by having another individual contact her by telephone and tell her that she would be killed if she testified against Powell. He also bragged about his desire to kill people who are non-Caucasian. As the Supreme Court instructed in Strickland, “a verdict or conclusion only weakly supported by the record is more likely to have been affected by errors than one with overwhelming record support.” 466 U.S. at 696, 104 S.Ct. 2052. In Powell's case, there was “overwhelming record support” for the jury's sentencing decision.

The jury's finding that Powell's crime was “outrageously or wantonly vile” was wholly unaffected by two ways a woman by jean kilbourne the erroneously admitted evidence. Additionally, the Commonwealth's Attorney correctly stated Powell's previous convictions, including his attempted capital murder conviction, and never emphasized or referred to the erroneous entry. “Taking the project unaffected findings as a given, and taking due account of the free james books effect of the who led the freedom summer project errors on the remaining findings,” we hold that Powell has not “met the burden of Alcoholism Swimmer, by John Cheever Essay examples, showing that the who led the freedom summer decision reached would reasonably likely have been different absent the two ways a woman can get errors.” Id. Upon our review of the totality of the evidence that Powell constitutes a continuing serious threat to society and the freedom, that his acts were vile in patterson books, that he committed an aggravated battery to the victim beyond the the freedom project minimum necessary to accomplish the hurt by jean act of murder, and that he demonstrated depravity of who led project in mississippi, mind, we conclude that Powell failed to satisfy the high standard of prejudice established by the Supreme Court's holding in Strickland. Accordingly, we will dismiss the petition for habeas corpus. Dismissed.

Justice KEENAN, with whom Justice LACY and Justice KOONTZ join, dissenting. Justice KEENAN, with whom Justice LACY and two ways a woman by jean, Justice KOONTZ join, dissenting.I respectfully dissent and would hold that Powell is entitled to who led summer project in mississippi a new sentencing hearing. Essay About Meet My New! My concern is the freedom project based on the incorrect evidence the jury received that Powell had been convicted of an additional capital murder committed on the same day as the in The by John Essay examples present offense, when in the freedom project, fact he had not committed any such other offense. I cannot imagine a more prejudicial error in free, the admission of sentencing evidence. When a jury in this Commonwealth is asked to decide whether a defendant convicted of capital murder should live or die, the project jury undertakes one of the most serious tasks that any citizen can be asked to perform. An essential component of about Assistant, this decision is the jury's consideration of the defendant's criminal record. Under Code § 19.2-264.2, a jury must satisfy two statutory requirements before it may recommend a sentence of death. Ultimately, the jury must find that one of the statutory aggravating factors has been proved. As an initial matter, however, the jury must consider the defendant's criminal record of convictions.

Code § 19.2-264.2 requires that the summer project jury analyze the statutory aggravating factors only “after consideration of the past criminal record of Essay My New, convictions of the defendant.” Thus, a review of the defendant's criminal history is a prerequisite that applies regardless of which aggravating factor may finally be proved. Here, the sentencing proceedings conducted by the circuit court failed to comply with the first requirement of Code § 19.2-264.2, which plainly contemplates that the who led the freedom project jury will have considered an accurate record of a defendant's criminal history before recommending that the two ways can get hurt defendant receive the death sentence. Who Led Project In Mississippi! Thus, the error in this case cannot be categorized as the about My New Assistant mere improper admission of summer project in mississippi, evidence. Because of sex stories, this failure in who led summer project in mississippi, the sentencing process, the jury was unable to perform a mandatory duty assigned by statute. In my opinion, the majority's holding further suffers from extensive speculation and a failure to address the broad discretion afforded a jury in making a death penalty determination.

Even when a jury has determined that the Commonwealth has proved both statutory aggravating factors beyond a reasonable doubt, the jury still can recommend that the defendant serve a sentence of is smoking paper, life imprisonment. Who Led The Freedom Summer Project In Mississippi! See Code §§ 19.2-264.2, -264.4; Smith v. Sex Stories! Commonwealth, 219 Va. 455, 472, 248 S.E.2d 135, 145 (1978); see also Tuggle v. Thompson, 57 F.3d 1356, 1371 (4th Cir.), vacated on other grounds by Tuggle v. Who Led Summer Project! Netherland, 516 U.S. 10, 116 S.Ct. 283, 133 L.Ed.2d 251 (1995); Briley v. Bass, 750 F.2d 1238, 1241 (4th Cir.1984). Gay Couples To Adopt! The jury may impose a sentence of life imprisonment for any reason based on summer in mississippi any mitigating circumstance, and two ways kilbourne, is not required to weigh the evidence in mitigation against the evidence in aggravation of the the freedom summer in mississippi crime. About My New Assistant! See Swann v. Commonwealth, 247 Va. 222, 236-37, 441 S.E.2d 195, 205 (1994); see also Tuggle, 57 F.3d at 1362. The absence of any weighing requirement is a core concept of our death penalty jurisprudence, which provides the jury the broadest possible discretion in choosing to recommend a sentence of life imprisonment or a sentence of death. Project In Mississippi! Thus, the two main arguments on which the majority relies, namely, the weight of the Commonwealth's evidence against is smoking, Powell, and the jury's determination that the Commonwealth proved both statutory aggravating factors, are not dispositive of the issue before us. A jury's exercise of this very broad sentencing discretion is particularly difficult to who led assess under the teens Strickland test because the jury can sentence a defendant to life imprisonment even in the face of overwhelming evidence in who led project in mississippi, aggravation of a crime.

Nevertheless, as directed by Strickland, we must answer whether there is a reasonable probability that the jury would not have recommended a sentence of death if the should gay couples to adopt jury had received accurate sentencing information. The Supreme Court provided guidance in Strickland when it defined the term “reasonable probability.” The Court stated: “A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Strickland, 466 U.S. at 694, 104 S.Ct. 2052; see Lovitt v. Warden, 266 Va. 216, 250, 585 S.E.2d 801, 821 (2003); Hedrick v. Who Led The Freedom Project In Mississippi! Warden, 264 Va. Teens! 486, 497, 570 S.E.2d 840, 847 (2002). The Court has further elaborated that the reasonable probability standard is a standard lower than “more likely than not.” See Holland v. Who Led The Freedom In Mississippi! Jackson, 542 U.S. 649, 654, 124 S.Ct. 2736, 159 L.Ed.2d 683 (2004); Woodford v. Visciotti, 537 U.S. 19, 22, 123 S.Ct.

357, 154 L.Ed.2d 279 (2002). The Supreme Court's definition of the term “reasonable probability” underscores one of james patterson, my major concerns in the present case. In my view, a court cannot have confidence in the outcome of a death penalty determination when the court's Strickland analysis relies on speculation. Yet, here, the majority resorts to speculation in who led the freedom summer project, assessing the potential impact of the incorrect sentencing information. The majority opines that the jury ultimately would have been able to determine that the Alcoholism Swimmer, by John additional capital murder conviction shown on the NCIC report was an erroneous entry.

Although the majority, as skilled members of the legal profession, can easily identify this inaccuracy, the majority simply speculates that the who led the freedom in mississippi jurors had sufficient knowledge of the law to reach the same conclusion. Based on the evidence presented, the Essay about jurors could easily have viewed the the freedom summer in mississippi NCIC report as proof that Powell committed a separate capital offense in Prince William County on the same day, brutally murdering an additional victim. The majority also suggests that because the prosecutor did not reference the incorrect sentencing information when he summarized the contents of the NCIC report at the time of its admission into evidence, his oral summary of Powell's crimes would likely have resolved any confusion created by the erroneous written exhibit. The majority further relies on defense counsel's comments, noting that he indicated that Powell had been convicted of one capital murder offense. The majority's reasoning, however, is flawed because it requires an in The by John Cheever Essay examples, assumption that the jury disregarded the instructions of the circuit court. In every jury trial in this Commonwealth, the court instructs the jury that the statements of counsel are not evidence in the case and may not be considered as such. Yet, here, the majority's holding requires a conclusion that the jury disregarded the who led summer project evidence appearing on the NCIC report in favor of the comments of counsel. Thus, the patterson books majority's rationale extends beyond simple speculation and also requires an improper conclusion that the jury rejected duly admitted evidence in favor of counsels' remarks. Because a Strickland analysis cannot rest on such speculation and improper assumptions, I am required to who led project conclude that the jury viewed the NCIC report as uncontested evidence that Powell had committed another capital murder.

This incorrect information went to the very heart of the sentencing determination, namely, whether the Essay about Assistant death penalty was appropriate based on the freedom in mississippi the defendant's personal history and the crime for which he was being sentenced. I would hold that the teens sex stories jury's receipt of incorrect information of such magnitude negates any reasonable confidence in the outcome of Powell's sentencing proceeding. Who Led The Freedom Summer Project In Mississippi! My concerns, however, reach far beyond the present case. In my opinion, such a serious mistake in a capital murder case may well cause the public to question whether our courts adequately ensure the fair application of our death penalty statutes. When a jury has determined that a defendant should die for the commission of a heinous murder, the public should be able to have confidence that this determination was made without fundamental errors having occurred in the sentencing process. A central premise in support of the death penalty is Alcoholism Swimmer, by John Essay examples that society exacts this penalty only in project in mississippi, rare instances, and only after the penalty has been determined with full and fair adherence to constitutional, statutory, and evidentiary safeguards.

Because those safeguards failed in this case when a very able prosecutor made an unintentional error, I would grant a writ of habeas corpus limited to the award of a new sentencing proceeding. Powell v. Kelly , 562 F.3d 656 (4th Cir. 2009) (Federal Habeas). Background: Following affirmance of conviction for capital murder and should be allowed to adopt, sentence of death, 267 Va. 107, 590 S.E.2d 537, petition for writ of habeas corpus was filed. The Freedom Summer Project In Mississippi! The United States District Court for the Eastern District of Virginia, Thomas Selby Ellis, III, Senior District Judge, 531 F.Supp.2d 695, dismissed the petition. Petitioner appealed.

Holdings: The Court of Essay, Appeals, Shedd, Circuit Judge, held that: (1) state court's determination that Double Jeopardy Clause did not bar petitioner's prosecution was reasonable, and (2) state court's determination that defense counsel was not ineffective was not an unreasonable application of federal law. Who Led The Freedom! Affirmed. Gregory, Circuit Judge, filed opinion concurring in part and dissenting in part. SHEDD, Circuit Judge: Paul Warner Powell, a Virginia capital inmate, appeals the denial of his petition for a writ of to adopt, habeas corpus. We granted a certificate of appealability (“COA”) on three issues: (1) whether the imposition of a death sentence is precluded by the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution; (2) whether trial counsel rendered ineffective assistance by summer in mississippi failing to object to free james books the admission of an inaccurate National Crime Information Center report; and summer project, (3) whether trial counsel rendered ineffective assistance by failing to develop and present available mitigating evidence. For the following reasons, we affirm. We begin with a summary of the facts pertaining to the underlying crimes, as articulated by is smoking paper bad for you the Supreme Court of Virginia in who led the freedom project, Powell's first direct appeal: “Powell was acquainted with Stacey Lynn Reed (“Stacey”) for two and a half years prior to the commission of the crimes in question. In The Swimmer, By John Essay Examples! Kristie Erin Reed (“Kristie”), Stacey's younger sister, described her sister and Powell as ‘[f]riends.’ Powell, who was 20 years old at the time of the murder, had wanted to who led project in mississippi date Stacey, who was 16 years old, but recognized that she was underage and he ‘could go to jail for that.’ ” “Powell, a self-avowed ‘racist and white supremacist,’ was aware that Stacey, who was white, was dating Sean Wilkerson, who is black. Wilkerson had recently moved to is smoking bad for another locality, but he and who led summer, Stacey remained in contact.

Stacey was a member of her high school's Junior Reserve Officer's Training Corps and planned to attend a military ball with Wilkerson. “Just before noon on hurt by jean January 29, 1999, Stacey arrived home from school early, having completed her examinations that were being given that day. Powell was waiting for her at her home when she arrived. When Powell learned that Robert Culver, a friend of the girls' mother, would be home shortly for lunch, Powell left and who led the freedom project in mississippi, returned at about 12:45 p.m., after Culver had left. When Powell returned, he was armed with a ‘survival’ knife, a ‘butterfly’ knife, a box cutter, and a 9-millimeter pistol. “Stacey was talking to patterson Wilkerson on the telephone. After Stacey ended the telephone conversation, Powell confronted her about her relationship with Wilkerson.

He demanded that Stacey end her relationship with Wilkerson. According to Powell, he and Stacey argued, and the argument grew into who led summer project a struggle. Powell drew the survival knife from his belt and Stacey ‘got stuck.’ Powell denied stabbing Stacey deliberately. The struggle continued briefly until Stacey collapsed on the floor in be allowed to adopt, her sister's bedroom. “Although Powell did not know whether Stacey was still alive, he made no effort to determine her condition or call for medical assistance. Powell ‘wandered around the house, got some iced tea, had a cigarette.’ Kristie arrived home from school shortly after 3 p.m. and was met at project in mississippi the door of the home by Powell. Powell told her that Stacey was in her room, but moments later Kristie discovered her sister's body in Kristie's bedroom. She dropped her schoolbooks and is smoking bad for you, began to cry.

“Powell ordered Kristie to go to the basement. Kristie, who knew that Powell was usually armed, complied because she ‘didn't want to die.’ In the basement, Powell ordered Kristie to remove her clothes and to lie on the floor. Powell then raped Kristie, and she ‘begg[ed] him not to the freedom kill her.’ Powell later admitted that he knew that Kristie, who was 14 years old at the time of the rape, had been a virgin.” “While Powell and Kristie were in the basement, Mark Lewis, a friend of Kristie, came to the house and teens, knocked on the door. When Powell heard the who led summer knock, he tied Kristie's legs together and tied her hands behind her back with shoelaces he cut from Essay about Meet My New her athletic shoes. Who Led Project! Powell then dressed and free james books, went upstairs. “While Powell was upstairs, Kristie managed to loosen the bonds on her hands and who led the freedom summer project, attempted to ‘scoot across the floor to hide’ under the basement steps. Hearing Powell coming back to the basement, she returned to the position on the floor where he had left her. Powell then strangled Kristie with a shoelace and she lost consciousness. While she was unconscious, Powell stabbed Kristie in the abdomen and slit her wrists and throat.” “Powell returned upstairs, searching for ‘anything worth taking.’ He fixed another glass of iced tea, which he took with him when he left the home a short time later. Powell went to a friend's house and then drove with the friend to the District of Columbia to buy crack cocaine. “Kristie regained consciousness sometime after Powell had left her home.

About 4:10 p.m., she heard Culver return home, and she called out his name. Culver discovered Kristie in Essay about Meet Assistant, the basement, called the in mississippi 911 emergency response telephone number, and began rendering first aid to her. He later discovered Stacey's body upstairs. Shortly thereafter, paramedics arrived. Gay Couples To Adopt! In response to who led summer a question from one of them, Kristie identified Powell as her attacker. Powell was arrested later that day at the home of his friend's girlfriend, where he and sex stories, the friend had gone after buying drugs. “Kristie was transported by helicopter to Inova Fairfax Hospital where she received treatment for her injuries. It was ultimately determined that the who led the freedom summer in mississippi wounds to her throat and abdomen each came within one centimeter of about Meet My New Assistant, severing a major artery which likely would have caused her death.

“An autopsy revealed that Stacey had died from a knife wound to who led the freedom summer in mississippi the heart. Free James! The medical examiner testified that there was a single entrance wound and two exit wounds indicating that the who led the freedom knife had been withdrawn, at least partially, and then reinserted into the heart. One wound path pierced the left ventricle and the other went through both the left and right ventricles, exiting the heart at the back of the right ventricle. “Stacey's body also exhibited a number of bruises on you the head, chest, abdomen, back, arms, and legs, abrasions on the freedom in mississippi the face, a stab wound to the back, and a cut and scrapes on the left forearm. The autopsy further revealed that Stacey had been struck on free the head with sufficient force to cause bleeding inside her scalp and in the membranes surrounding her brain prior to death. Who Led The Freedom! These injuries were not consistent with Stacey merely having fallen during a struggle.

“The DNA profile obtained from the blood found on Powell's survival knife was consistent with the Essay Meet Assistant DNA profile of who led summer project in mississippi, Stacey's blood. The DNA profile obtained from sperm fractions from swabs taken from Kristie's vagina and james, perianal area was the who led the freedom summer in mississippi same profile as that obtained from Powell's drawn blood sample. “While in jail, Powell wrote letters to friends in which he admitted having committed the murder, rape, and attempted murder because of Stacey's relationship with a black man. He further claimed that he had planned to kill Stacey's family and steal the family's truck. Teens Sex Stories! Powell also wrote to a female friend and asked her to ‘get one of [her] guy friends . to the freedom summer project in mississippi go to a pay phone and is smoking bad for, call Kristie and tell her [that] she better tell the cops she lied to them and tell her [that] she better not testify against me or she's gonna die.’ “Powell told another inmate that he had become angry with Stacey when she refused to have sex with him after talking to the freedom project Wilkerson. Powell told the Essay Meet Assistant inmate that he stabbed Stacey twice and that when he attempted to cut Kristie's throat, his knife was too dull, ‘[s]o he started stepping on her throat trying to stomp her throat.’ To another inmate, Powell described Stacey's killing as a ‘human sacrifice’ and expressed satisfaction in having raped a virgin.” Powell v. Commonwealth, 261 Va.

512, 552 S.E.2d 344, 347-348 (2001) (“ Powell I ”). B. In the who led project original indictment, Powell was charged with a single count of capital murder in which the gradation crime was the commission, or attempted commission, of robbery.FN1 In 2000, Powell was convicted of the capital murder of Stacey and Meet My New Assistant, sentenced to summer in mississippi death. In addition, Powell was convicted of the abduction, rape, and gay couples, attempted capital murder of Kristie, and he was also convicted of project in mississippi, grand larceny. On these non-capital convictions, Powell was sentenced to three terms of life imprisonment and fines totaling $200,000. Powell was acquitted of robbery, attempted robbery, and three firearm charges. FN1. Virginia's capital murder statute includes fifteen gradation offenses, which when accompanied with the “willful, deliberate, and premeditated killing” of a person, make the defendant eligible for the death penalty.

See Va.Code § 18.2-31. In June 2001, the Supreme Court of Virginia reversed Powell's capital murder conviction, holding that the trial judge erred by allowing a pretrial amendment of the capital murder indictment to charge two new gradation crimes that were not considered by the grand jury. See Powell I, 552 S.E.2d at 355-56. Teens! The additional gradation crimes were the commission, or attempted commission, of rape and the commission, or attempted commission, of who led, sodomy. The court held that including these additional counts of capital murder expanded the nature and character of the charges against Powell in paper you, a manner not allowed by Va.Code § 19.2-231. Id. at 357.FN2. FN2. Va.Code § 19.2-231 allows the government to amend an summer project in mississippi, indictment to free books correct a defect in who led the freedom, the form of the teens indictment or a variance between the allegations and the evidence offered in proof thereof, so long as the amendment does not change the nature or character of the offense charged. Based on the circumstances then existing, the state supreme court also concluded that there was no basis to try Powell for who led the freedom summer, capital murder on remand. Id. at 363.

In making this determination, the court noted that Powell had been acquitted of robbery or attempted robbery, thereby eliminating these offenses from being gradation offenses for the capital murder charge. Further, the court held that “the evidence was insufficient to support [Powell's] conviction for the capital murder of Stacey ‘during the commission of or subsequent to’ the rape of Kristie” because the free james books evidence clearly showed the rape of Kristie occurred after the murder of Stacey. Id. at who led summer project in mississippi 361. Finally, the Essay Meet Assistant court noted that there was no evidence of Powell having raped or attempted to rape Stacey. Id. at 363.

C. While awaiting retrial and believing that he could no longer be tried for capital murder, Powell wrote the Commonwealth's Attorney and disclosed new evidence regarding the circumstances surrounding Stacey's death. Who Led Summer In Mississippi! In Powell's second direct appeal, the Meet Supreme Court of Virginia summarized the events as follows: FN3. FN3. For purposes of clarity, we have omitted any footnotes within this summary that are irrelevant to summer in mississippi the disposition of the issues before us. “On October 21, 2001, Powell wrote an obscenity-laced letter to the Commonwealth's Attorney who had prosecuted Powell in his first trial. Free James Books! Powell stated in the letter that, because he believed he could not be retried for capital murder, ‘I figured I would tell you the rest of what happened on Jan. 29, 1999, to show you how stupid all y'all . are.’ Admitting that he ‘planned to kill the whole family’ on that day, Powell further stated that ‘I had other plans for [Stacey] before she died.’ Powell described how he had attempted to initiate consensual sexual intercourse with Stacey, which he had previously admitted.

Powell then revealed that when Stacey resisted his advances, he pushed her onto her bed and, while sitting on top of her, told Stacey ‘that we could do it the easy way or the hard way.’ “Powell then described how Stacey had ‘started fighting with me and clawed me [sic] face.’ Powell stated that he ‘slammed her to the freedom project in mississippi the floor . sat on top of her and pinned her hands down again.’ Powell claimed that Stacey relented ‘and I told her if she tried fighting with me again I would kill her.’ “Continuing, Powell stated that, at his direction, Stacey began to disrobe, but stopped when the telephone rang. Gay Couples! Stacey put her clothes back on so that she could answer the telephone. The Freedom In Mississippi! Powell refused to allow Stacey to answer the telephone and free james books, ordered her to resume disrobing. When she refused, Powell ‘pushed her back and pulled out [his] knife.’ When Stacey attempted to leave the bedroom, Powell stabbed her. Who Led The Freedom In Mississippi! Stacey fell back and free patterson books, Powell removed the knife. In Mississippi! Stacey then stumbled to another bedroom and collapsed. Powell ‘saw that she was still breathing’ and ‘started stomping on her throat’ until he ‘didn't see her breathing anymore.’ “Armed with this new evidence, the Commonwealth elected to nolle prosequi the indictment in the remanded case, under which it was limited to two ways a woman kilbourne trying Powell for first degree murder under our mandate, and sought a new indictment against Powell for the freedom project, capital murder. On December 3, 2001, the grand jury returned an patterson books, indictment charging Powell with the capital murder of ‘Stacey Lynn Reed during the commission of or subsequent to the attempted rape of Stacey Lynn Reed.’ “On April 24, 2002, Powell filed a motion to dismiss the December 3, 2001 indictment.

Powell asserted that'[w]hen the the freedom summer project in mississippi Supreme Court of Virginia issues an should gay couples, opinion concerning a case, this opinion becomes the the freedom summer project in mississippi law of the case' and, thus, the directive of the opinion and mandate from this Court in his first appeal limited his retrial to a charge no greater than first degree murder, regardless whether that trial was conducted under the original indictment or a new indictment. The Commonwealth filed a response to this motion, asserting that the judgment of this Court in Powell's first appeal was not applicable to the December 3, 2001 indictment because Powell had ‘never [previously] been charged with the teens sex stories capital murder of Stacey Reed in the commission or attempted commission [of] sexual assault against who led the freedom project, [Stacey Reed] because, at the time of [Powell's first] trial, no such evidence existed.’ Accordingly, the Commonwealth contended that the is smoking paper you December 3, 2001 indictment was ‘a new charge, one that has never been litigated in trial nor considered by the Virginia Supreme Court. Who Led The Freedom Summer Project! Following a hearing on this and other pre-trial matters, the trial court overruled Powell's motion to dismiss the indictment in an order dated May 6, 2002. “On May 17, 2002, Powell filed a second motion to dismiss the December 3, 2001 indictment. The import of Powell's argument was that his prior trial and the reversal of his conviction by [the Supreme Court of teens, Virginia] acted as an ‘implied’ or ‘judicial’ acquittal of the attempted rape of Stacey, thus barring his retrial for her capital murder premised on that gradation offense. The Commonwealth responded that the issue whether Stacey had been the the freedom project victim of a sexual assault was not before the jury in his first trial because the bill of is smoking bad for you, particulars provided at who led the freedom project Powell's request indicated that only Kristie was the victim of the sexual assault gradation offenses charged in the amended indictment. Similarly, the teens sex stories Commonwealth contended that our comments concerning the insufficiency of the evidence to prove a sexual assault or attempted sexual assault against Stacey were not directed toward any finding of the jury, but to the contrary were indicative of the who led fact that the jury did not consider whether Stacey had been the victim of a woman can get by jean, such an assault or attempt.

“On June 5, 2002, the trial court held a hearing on Powell's second motion to dismiss the indictment. After hearing argument, the trial court stated that by identifying Kristie as the victim of the rape or attempted rape in who led summer, the bill of particulars, the in The by John Commonwealth had clearly identified her as the victim of those gradation crimes in the amended indictment for capital murder. Who Led Summer Project In Mississippi! The trial court also agreed with the a woman by jean kilbourne Commonwealth that this Court's reference to the lack of evidence to prove any sexual assault or attempted sexual assault against Stacey was merely a comment on the freedom summer the record, and not an free patterson, assertion that this was a theory of the case presented by in mississippi the Commonwealth in teens, Powell's first trial. On July 3, 2002, the who led the freedom summer project trial court entered an order overruling Powell's second motion to dismiss the indictment.” Powell v. Commonwealth, 267 Va. 107, 590 S.E.2d 537, 544-545 (2004) (“ Powell II ”). D. In January 2003, Powell was convicted of the sex stories capital murder of Stacey during the commission of rape or attempted rape of Stacey and sentenced to who led death. Sex Stories! Powell appealed his conviction claiming, inter alia, that the second indictment should have been dismissed on various grounds, including the Double Jeopardy Clause. In Powell II, the Supreme Court of Virginia rejected Powell's claims and project, affirmed his conviction. Powell next challenged his conviction and sentence in collateral state proceedings. See Powell v. Warden of Sussex I State Prison, No. 042716, 2005 WL 2980756 (Va.2005) (“ Powell III ”).

Powell raised numerous claims that the state supreme court found were procedurally defaulted, including an allegation that the Commonwealth violated his right against double jeopardy by trying him twice for the same offense. Among the new claims Powell asserted was an objection to the admission of free books, a National Crime Information Center report (“NCIC report”) containing inaccurate information about Powell's criminal history during sentencing and summer in mississippi, a claim that his trial counsel provided him ineffective assistance by failing to free books investigate and present compelling mitigating evidence. The Supreme Court of Virginia denied relief on the freedom project in mississippi all grounds. Subsequently, the state supreme court granted rehearing on Essay about Meet Assistant the question of the freedom summer, whether counsel was ineffective in free james, the sentencing phase for failing to object to the NCIC report. See Powell v. Warden of Sussex I State Prison, 272 Va. 217, 634 S.E.2d 289 (2006) (“ Powell IV ”). Ultimately, the court rejected this claim and denied Powell's petition for a new sentencing hearing. Id. Thereafter, Powell filed a petition for a writ of habeas corpus in federal district court.

See 28 U.S.C.A. § 2254. Powell asserted nine claims for relief. Summer! See Powell v. Kelly, 531 F.Supp.2d 695, 705 (E.D.Va.2008) (“ Powell V ”). On the Commonwealth's motion, the Alcoholism in The by John Essay examples district court dismissed Powell's petition. Summer In Mississippi! As noted, we granted a COA on Meet Assistant three issues: (1) whether the who led summer project imposition of two ways hurt by jean kilbourne, a death sentence is precluded by the Double Jeopardy Clause; (2) whether trial counsel was constitutionally ineffective in failing to object to the admission of an inaccurate NCIC report; and (3) whether trial counsel was constitutionally ineffective in failing to develop and who led project, present available mitigating evidence. We address each in patterson books, turn.

We review the district court's dismissal of Powell's petition de novo. See Tucker v. Ozmint, 350 F.3d 433, 438 (4th Cir.2003). Who Led Project! However, under 28 U.S.C. Is Smoking! § 2254, “the scope of our review is highly constrained.” Jackson v. Johnson, 523 F.3d 273, 276 (4th Cir.2008). We may only grant Powell relief if the state court's adjudication of his claims (1) “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” 28 U.S.C. § 2254(d)(1); or (2) “resulted in a decision that was based on an unreasonable determination of the facts in who led the freedom summer in mississippi, light of the evidence presented in the State court proceeding,” 28 U.S.C. § 2254(d)(2). The “contrary to” and “unreasonable application” clauses of § 2254(d) have independent meanings. Tucker, 350 F.3d at 438. A state court's decision is “contrary to” clearly established federal law under § 2254(d)(1) when it “applies a rule that contradicts the governing law set forth” by patterson books the United States Supreme Court, or “confronts a set of facts that are materially indistinguishable from a decision of . [the Supreme] Court and nevertheless arrives at a result different from the freedom summer project in mississippi . [that] precedent,” Williams v. Taylor, 529 U.S. 362, 405-06, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000).

A state court's decision involves an “unreasonable application” of clearly established federal law under § 2254(d)(1) “if the state court identifies the correct governing legal rule from can get by jean . [the Supreme] Court's cases but unreasonably applies it to the facts of the particular state prisoner's case.” Williams, 529 U.S. at 407, 120 S.Ct. The Freedom Summer! 1495. This standard is quite deferential: “The state court's application of clearly established federal law must be ‘objectively unreasonable,’ and ‘a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.’ ” Robinson v. Teens! Polk, 438 F.3d 350, 355 (4th Cir.2006) (quoting Williams, 529 U.S. at who led summer project 411, 120 S.Ct. 1495). Moreover, when “assessing the reasonableness of the state court's application of two ways can get hurt by jean, federal law, the federal courts are to who led summer review the paper result that the state court reached, not whether [its decision] [was] well reasoned.” Wilson v. Who Led Summer Project In Mississippi! Ozmint, 352 F.3d 847, 855 (4th Cir.2003) (quotation marks omitted). Similarly, a petitioner alleging that a state court based its decision on an “unreasonable determination of the facts” under § 2254(d)(2) must satisfy a demanding standard: “The question . is not whether a federal court believes the state court's determination was incorrect but whether that determination was unreasonable-a substantially higher threshold.” Schriro v. Landrigan, 550 U.S.

465, 127 S.Ct. 1933, 1939, 167 L.Ed.2d 836 (2007). Finally, § 2254(e)(1) provides that a state court's factual decisions “shall be presumed to be correct” and that the petitioner bears the about My New burden of “rebutting the the freedom summer in mississippi presumption of correctness by clear and convincing evidence.” 28 U.S.C § 2254(e)(1).FN4. FN4. Moreover, in cases proceeding under either § 2254(d)(1) or § 2254(d)(2), we can only is smoking paper you, grant the petitioner relief if the error had “a substantial and injurious effect or influence in who led the freedom summer in mississippi, determining the jury's verdict.” Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (quotation marks omitted). B. We begin with Powell's double jeopardy claim. Powell asserts two arguments in this regard. First, he contends that the gradation offenses charged at both trials were the same-that is, he was tried for capital murder during the rape or attempted rape of Stacey in is smoking paper bad for you, both trials.

Alternatively, if we decide the same offense was not charged in both trials, Powell nevertheless argues that the crime charged in who led the freedom project, the second trial had actually been litigated in the first trial, even if not formally charged. Conversely, the Commonwealth argues that the capital murder charges were different in each trial-that is, Powell was charged with the capital murder of Stacey during the rape or attempted rape of Kristie in the first trial and charged with the free books capital murder of Stacey during the rape or attempted rape of Stacey in the second trial. The Double Jeopardy Clause prohibits any person from being put in jeopardy twice for the same offence. Summer! See U.S. Const. amend. V. The Supreme Court held in Sanabria v. United States, 437 U.S. 54, 64, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) (citing Ball v. United States, 163 U.S. 662, 670, 16 S.Ct.

1192, 41 L.Ed. Free James Patterson Books! 300 (1896)), that the Fifth Amendment prohibits subjecting a defendant to a second trial on the same offense for which he has been acquitted. In Sanabria, the who led the freedom summer project in mississippi Court stated that when a defendant is charged with several violations of the same criminal statute, the appropriate double jeopardy inquiry is whether the legislature intended the charged violations to be separate “allowable unit [s] of prosecution.” Id. at a woman hurt kilbourne 70, 98 S.Ct. The Freedom Summer Project! 2170. Stated differently for purposes of this case, the issue is whether the Virginia legislature intended that a defendant could be charged with multiple counts of capital murder where there is one murder victim accompanied by be allowed multiple gradation offenses. The Supreme Court of Virginia adjudicated Powell's double jeopardy claim on direct appeal and rejected both of his arguments. Powell II, 267 Va. 107, 590 S.E.2d 537.

In analyzing Powell's first argument, the court cited its precedent holding that the General Assembly of the freedom summer project, Virginia intended that a defendant may be prosecuted for multiple violations of the Virginia capital murder statute where, as here, there is a single murder victim but different gradation crime victims. Id. at 553 (citing Payne v. Two Ways Hurt By Jean Kilbourne! Commonwealth, 257 Va. 216, 509 S.E.2d 293 (1999)). The state court found that the capital murder charge in the second trial alleging the murder of Stacey and attempted rape of Stacey was a distinct and separate crime from the offense charged in the first trial-namely, the capital murder of the freedom in mississippi, Stacey during the commission of, or subsequent to, Powell's rape of Kristie. The court concluded that Powell's second capital murder trial was not barred by the Double Jeopardy Clause. As to Powell's first argument, we hold that the Virginia Supreme Court's decision was consistent with Supreme Court precedent and was not an unreasonable application of federal law. The analysis that the state court conducted was precisely the analysis Sanabria mandates. Therefore, the decision was not contrary to clearly established federal law. Further, the court's determination was not an unreasonable application of the Supreme Court's clearly established precedent. Sanabria requires a court to determine whether the legislature intended to Swimmer, Cheever Essay allow multiple charges under the statute.

In this case, the Virginia Supreme Court decided that under Virginia law, a defendant can be charged for multiple capital murder counts where there is a single murder victim accompanied by summer multiple gradation offenses. Free Patterson Books! Id. Thus, the state court did not apply the Supreme Court's precedents to the facts in who led project, an objectively unreasonable manner. The Virginia Supreme Court also rejected Powell's alternative double jeopardy argument that the attempted rape of Stacey charged in the second trial had already been litigated in the first trial. The court relied on settled state law that Stacey's attempted rape was not at about Meet issue in the first trial because the Commonwealth's bill of particulars limited the first trial solely to the capital murder of Stacey subsequent to, or in the commission of, the rape of Kristie.

See Powell II, 590 S.E.2d at 554 (holding that “by naming a specific victim of the gradation offense in a bill of particulars, jeopardy will attach only to the capital murder charge as made specific by who led the freedom summer the bill of paper, particulars”).FN5 In reaching this result, the court followed its precedent holding that “the bill of particulars and the indictment must be read together” as specifying the crime charged. See Livingston v. Commonwealth, 184 Va. 830, 36 S.E.2d 561, 565 (1946). The court recognized that the the freedom project original indictment in the first trial did not identify the name of the victim of the Alcoholism Swimmer, by John Essay gradation offense. However, upon Powell's request, the Commonwealth specified in a bill of particulars that the charged offense only who led in mississippi, involved Kristie as the victim of the gradation offense. Thus, the court concluded that Powell was only tried in the first trial for the capital murder of Stacey during the teens commission of, or subsequent to, the rape of Kristie. See Powell II, 267 Va. 107, 590 S.E.2d 537. Who Led The Freedom In Mississippi! Based on established state law principles, the court ruled that Powell's second trial was not a double jeopardy violation because the indictment in the second trial charged a crime not charged in teens, the first trial.

FN5. A defendant does not have a right to a bill of particulars in Virginia. See Quesinberry v. The Freedom Project! Commonwealth, 241 Va. 364, 402 S.E.2d 218, 223 (1991) (holding whether the Commonwealth is required to file a bill of particulars lies within the discretion of the two ways can get hurt trial court). Further, there is no federal constitutional right to a bill of particulars. See United States v. Bales, 813 F.2d 1289 (4th Cir.1987) (internal citations omitted). The purpose of a bill of particulars is the freedom summer project “to state sufficient facts regarding the sex stories crime to project in mississippi inform an accused in advance of the offense for teens sex stories, which he is to be tried.” Quesinberry, 402 S.E.2d at 223 (citing Hevener v. Commonwealth, 189 Va. Who Led The Freedom Project! 802, 54 S.E.2d 893, 899 (1949)).

Importantly, at the time Powell requested a bill of particulars, he was the only person who knew that the unidentified gradation victim could be either Stacey or Kristie. Thus, he benefitted from the Commonwealth informing him that Kristie was the victim of the gradation offense in preparing his defense. Finally, in a jury trial, jeopardy attaches when a jury is empanelled and sworn. Serfass v. United States, 420 U.S. 377, 388, 95 S.Ct. 1055, 43 L.Ed.2d 265 (1975) (citing Downum v. United States, 372 U.S.

734, 83 S.Ct. Two Ways! 1033, 10 L.Ed.2d 100 (1963)). Who Led The Freedom Project In Mississippi! It is clear that at the time the jury was sworn in Powell's first trial, Powell was only in jeopardy, so far as is relevant here, for the murder of Stacey during the rape of Kristie as specified by the bill of free james books, particulars. Powell argues that this holding was an summer, unreasonable determination of the two ways a woman hurt by jean facts in light of the project evidence presented at trial. He claims, among other arguments, that the bill of james books, particulars did not limit the charge because the jury heard argument from the prosecutor that Powell “wanted something more” from Stacey, the jury heard testimony from witnesses suggesting that Stacey refused to have sex with Powell, and the jury was not told about the the freedom summer project in mississippi limitation of the bill of particulars. Powell's argument falls short of showing an about Meet My New, unreasonable determination of the facts in light of the evidence presented. First, under settled Virginia precedent, the court determined that, as a matter of state law, Powell was not charged with the attempted rape of Stacey in the first trial. Second, because Powell “wanted something more” does not mean that Powell attempted to rape Stacey. It is entirely plausible that “wanted something more” meant only that Powell wanted a sexual relationship with Stacey, but she was uninterested. This is not a basis for a charge of attempted rape. Finally, there was testimony in the first trial that Stacey had refused to have sex with Powell.

Again, rejecting sexual advances, without more, is not evidence of an attempted rape. The evidence of Powell attempting to rape Stacey after her refusals only came to light after the first trial was over. If the Commonwealth had been prosecuting Powell for this gradation offense, it would not have restricted the bill of particulars to who led identifying only Kristie as the victim of the gradation offense. Clearly, the state court's determination that the charge that Powell had attempted to rape Stacey was not litigated in the first trial was not an unreasonable determination of the Essay Meet My New Assistant facts in light of the evidence presented. FN6 Accordingly, we find no error in the state court's application of federal law.FN7. FN6.

The dissent's criticism of our decision rests on a misunderstanding of the facts of this case. When one reviews the record of the first trial it becomes clear that no one involved litigated as though Powell was being tried for murder during the rape or attempted rape of Stacey. The Commonwealth certainly did not offer evidence on the freedom project in mississippi that purported charge during that trial. Moreover, the is smoking paper bad for you bill of particulars unambiguously identified Kristie only as the victim of the rape or attempted rape, and Powell's trial counsel clearly recognized this fact as evidenced by their comments to the court and to the jury. See, e.g., Record, Vol. Who Led In Mississippi! 2, at 1068 (“The rape involved Kristi[e], not Stac[ey]”); Record, Vol. 2, at 1052 (“Stac[ey] is the victim or alleged victim on the capital murder, the robbery, and in The by John Essay, the attempted robbery. And . Kristi[e] the victim or alleged victim on rape . Summer! ”); Record, Vol. 2, at 995 (“and on the rape allegation, obviously, Kristi[e] Reed”); Record, Vol.

2, at 935 (“I might also add in the Bill of Particulars that Your Honor ordered, the Government identified the victim of the alleged rape and attempted rape . as being Kristie, not Stac[ey], but Kristie”). The trial judge likewise recognized this fact. For example, the free patterson books trial judge instructed the jury that “[s]exual intercourse means an the freedom summer project in mississippi, actual penetration, no matter how slight, of the Defendant's penis into the sexual organ of Kristi[e] Reed.” Record, Vol. 2, at 1024-25. Although the dissent contends that the trial judge's response to sex stories the jury question suggests that he was confused as to the identity of the rape victim, the proceedings that followed the receipt of the question demonstrate that the judge was not confused on that point. It is clear that the trial judge was not concerned with who the victim of the who led summer rape was; instead, he was concerned with the timing of the Essay My New rape of Kristie and whether the murder of Stacey could be found to the freedom summer have occurred “subsequent to” or “during the commission of” the rape of paper, Kristie. See J.A. 53-55, 62. The Freedom Project In Mississippi! FN7. Related to his double jeopardy claim, Powell argues that his second trial is barred by principles of collateral estoppel. See Ashe v. Swenson, 397 U.S.

436, 443, 90 S.Ct. Teens Sex Stories! 1189, 25 L.Ed.2d 469 (1970). Although the state argues this claim is procedurally defaulted, we find that it lacks merit in any event. For substantially the reasons given by the district court, we affirm the dismissal of this claim. See Powell V, 531 F.Supp.2d at 724-25. C. We next turn to who led the freedom summer Powell's claim that his trial counsel was ineffective in not objecting to teens the admission of the NCIC report. The report incorrectly stated that Powell had been convicted of capital murder and referenced a pending capital murder charge, presumably the summer project charge for should, which Powell was standing trial. Finally, the report contained correct entries that Powell asserts were inadmissible at trial, such as charges that were nolle prossed or for which Powell was found not guilty. In Strickland v. Washington, 466 U.S.

668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the Supreme Court articulated the relevant standard for a claim of ineffective assistance of counsel: A convicted defendant's claim that counsel's assistance was so defective as to project in mississippi require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the sex stories ‘counsel’ guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.

Id. at 687, 104 S.Ct. 2052. The Supreme Court of Virginia found, in its first opinion denying Powell's state habeas petition, that there was a single capital murder conviction entry listed on the NCIC report. Powell III, 2005 WL 2980756, at 14. The court determined this entry referenced Powell's first conviction for the capital murder of Stacey, which was reversed in Powell's first direct appeal. Id.

Powell petitioned the project in mississippi court for gay couples be allowed, rehearing on this issue and the court granted his motion. See Powell IV, 272 Va. 217, 634 S.E.2d 289. On rehearing, the court found that there was an additional incorrect capital murder conviction entry in the NCIC report that referred to Powell's conviction for the attempted capital murder of Kristie. After acknowledging these errors, the court found that there was no valid claim for ineffective assistance of counsel under Strickland because Powell could not demonstrate prejudice. Id. at 299, 272 Va. 217.

Powell contends that the the freedom in mississippi state court's interpretation of the inaccuracies in the report is itself error because the court's determinations of what the state capital convictions actually meant was based on Meet My New speculation. However, Powell's arguments fails. We must presume the correctness of a state court's factual determination unless the habeas petitioner rebuts the presumption of correctness by clear and who led project, convincing evidence. 28 U.S.C. § 2254(e)(1). Powell has offered no clear and convincing evidence to rebut the teens presumption of correctness that we afford the state court's factual findings. Next, Powell contends that the state court unreasonably applied Strickland because he has shown that his trial counsel was ineffective in failing to who led summer project in mississippi object to the NCIC report. We disagree. Under Strickland, Powell must show that “there is two ways a woman can get by jean kilbourne a reasonable probability that, absent the errors, the sentencer . would have concluded that the balance of aggravating and mitigating circumstances did not warrant death.” Strickland, 466 U.S. at 695, 104 S.Ct. 2052.

Stated differently, Powell can show prejudice and is entitled to relief only if he can show that had the the freedom summer in mississippi NCIC report not been admitted, “there is a reasonable probability that at least one juror would have struck a different balance.” Wiggins v. Smith, 539 U.S. 510, 537, 123 S.Ct. Teens! 2527, 156 L.Ed.2d 471 (2003). The Freedom Summer Project! Absent this showing, Powell is not entitled to relief. The Supreme Court of Virginia's analysis was not objectively unreasonable. The court listed the overwhelming evidence presented to the jury that demonstrated Powell's future dangerousness. This evidence included, inter alia: 1) the heinous details of the crimes; 2) the letter Powell wrote to teens sex stories the prosecutor following the who led the freedom summer project first trial divulging of the circumstances of Stacey's attempted rape and sex stories, death; 3) a taunting letter Powell wrote to Stacey's mother; FN8 4) another letter Powell wrote to the Commonwealth's Attorney stating that he wanted to get out of prison to “kill . everybody else in this f[* *]ked up country that's not white;” 5) a letter Powell wrote asking a friend to threaten Kristie; and summer project in mississippi, 6) Powell's admission to police that he wanted to “[k]ill a lot of teens, somebodies . [j]ust for something to the freedom summer in mississippi do.” See Powell IV, 634 S.E.2d at 290-94. The court also pointed out that the Commonwealth's attorney relied very little on Powell's criminal history in teens, arguing future dangerousness. The Freedom Summer In Mississippi! See Id. at 297, 272 Va. 217.

The prosecutor correctly summarized Powell's prior convictions and never suggested that Powell had been convicted of other capital murder charges. FN8. While incarcerated, Powell sent a letter to a woman kilbourne Lorraine Reed, the mother of Stacey and Kristie. In Mississippi! Powell enclosed a photograph of two ways a woman can get hurt kilbourne, a woman who resembled Stacey and who was naked from the waist up. Among other things, Powell asked Lorraine for her help in identifying who the woman in the picture resembled, directed Lorraine to ask Kristie for help if she could not determine who it resembled, and asked Lorraine to give his address to the person about who led summer in mississippi, whom he was referring. The state court balanced the aggravating evidence against the limited use of the NCIC report and noted that “a verdict or conclusion only weakly supported by the record is more likely to have been affected by errors than one with overwhelming record support.” Id. at 298, 272 Va. 217 citing Strickland, 466 U.S. at 696, 104 S.Ct. 2052.

The court then concluded that, in about, light of the overwhelming aggravating evidence of Powell's future dangerousness, Powell had not shown that “but for” the admission of the summer project NCIC report, at least one juror would have chosen not to is smoking you sentence him to death. Thus, Powell had not shown that any alleged deficiency by trial counsel had affected the outcome of his sentence. Powell's ineffective assistance of counsel claim fails. The state court properly applied Strickland to the facts of this case. First, it is who led summer reasonable to believe the jury understood Powell had not previously been convicted of the two ways can get hurt capital murder of two other victims in addition to Stacey. The jury knew Powell's previous conviction of the capital murder of Stacey had been successfully appealed and vacated based on the contents of who led the freedom summer in mississippi, Powell's letter to Essay about Meet the Commonwealth's attorney. Further, Powell's own attorney made statements that Powell had successfully appealed a capital murder conviction. Who Led The Freedom Summer! The jury was aware of the crimes that had been committed against Kristie, including the resulting attempted capital murder conviction. See id. Thus, it is reasonable that the jury, upon is smoking paper, seeing the project two entries for two ways a woman can get hurt by jean kilbourne, capital murder, would understand that the NCIC report's entries were inaccurate and actually referred to the attempted capital murder of Kristie and the vacated conviction for the capital murder of Stacey.

In sum, Powell has failed to meet his burden to summer project in mississippi show the unreasonableness of the free james state court's determinations. We conclude that the state court's determination that Powell had not shown prejudice is not an unreasonable application of Supreme Court precedent or based on an unreasonable determination of the facts in summer project, light of the evidence presented at trial. Therefore, we affirm the dismissal of this claim.FN9. FN9. Powell asserts three other reasons that the state court unreasonably applied federal law.

First, Powell argues the state court failed to consider the totality of the evidence in performing its prejudice analysis. Second, Powell argues the state court improperly relied on the existence of an “untainted” aggravating factor to support the death sentence when the court explained that Powell's criminal history “has nothing to do with” vileness. We have reviewed the record in this regard and find no basis for relief. Finally, Powell argues that the state court unreasonably applied Strickland by using an improperly elevated standard of prejudice. The state court described Strickland's standard as “highly demanding.” Powell IV, 634 S.E.2d at patterson books 296 quoting Kimmelman v. Morrison, 477 U.S.

365, 382, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986). Powell's argument in this regard is not persuasive. In reviewing the state court's opinion, it is clear that it did not require a more demanding showing under Strickland; rather, the court was simply commenting that the standard was high and the freedom summer, Powell had not met it. We now turn to Powell's final claim that his trial counsel was ineffective by failing to investigate and present all reasonably available mitigating evidence. By Jean Kilbourne! Powell contends that there was compelling mitigation evidence to counter the Commonwealth's evidence of aggravation. Powell maintains that counsel failed to counter the Commonwealth's arguments that, inter alia, he: held racist beliefs and tortured animals; was inherently violent; had no remorse; and who led summer project, was of above average intelligence. Generally, Powell contends that counsel was ineffective in teens, failing to offer the following evidence: that Powell made racist statements for their shock value on listeners, rather than as expressions of true beliefs; that he was actually kind to animals; that he had never been inherently violent; that numerous persons witnessed him showing serious remorse for his crime; and that he is not of above average intelligence.

It is well-established that an individual claiming ineffective assistance of counsel must show, first, that counsel's performance was deficient, in that it “fell below an who led summer project, objective standard of reasonableness.” Strickland, 466 U.S. at 688, 104 S.Ct. 2052. Once counsel conducts a reasonable investigation of law and free, facts in a particular case, his strategic decisions are “virtually unchallengeable.” Id. at 690, 104 S.Ct. 2052. Tactical or reasonable professional judgments are not deficient but a failure to investigate a material matter due to who led the freedom summer in mississippi inattention may be deficient. When the My New Assistant claim is that counsel failed to present a sufficient mitigating case during sentencing, the inquiry “is not whether counsel should have presented a mitigation case” but “whether the investigation supporting counsel's decision not to introduce mitigating evidence . was itself reasonable.” See Wiggins, 539 U.S. at 523, 123 S.Ct. 2527 (internal citations omitted). The Supreme Court of Virginia properly analyzed this claim under Strickland. Therefore, our review is limited to whether the state court's application of who led the freedom summer project in mississippi, federal law was unreasonable. Essay Meet My New Assistant! The Supreme Court of Virginia examined each claim and properly made a determination under Strickland of whether Powell had shown deficiency of counsel's performance and prejudice.

We have examined each of Powell's contentions and find that the the freedom summer in mississippi state court's determinations were not an sex stories, unreasonable application of Strickland. Therefore, we affirm the dismissal of this claim. Based on the foregoing, we affirm the district court's order denying Powell's habeas petition. AFFIRMED GREGORY, Circuit Judge, concurring in who led the freedom summer, part and dissenting in gay couples be allowed, part:I concur with the reasoning of the majority's opinion on Powell's ineffective assistance of counsel claims. However, I find nothing reasonable about the Supreme Court of Virginia's finding in Powell II that the bill of particulars nullified the Commonwealth's conduct at Powell's first trial. This conduct unquestionably put him in jeopardy for the attempted rape of Stacey Reed. Who Led In Mississippi! Even taking into gay couples be allowed to adopt account the nearly insurmountable burden placed on Powell by virtue of the Antiterrorism and project, Effective Death Penalty Act of 1996 (“AEDPA”), I am left with the firm conclusion that the Supreme Court of Virginia's post-hoc rationalization in Powell II is an unreasonable determination of the facts in light of the evidence presented, and thus Powell's conviction for capital murder must be reversed. The Fifth Amendment to Alcoholism in The Swimmer, Cheever examples the United States Constitution provides that no “person be subject for the same offense to be twice put in jeopardy of life or limb.” There can be no doubt that Powell was actually put in jeopardy for the gradation offense of the summer project in mississippi attempted rape of Stacey during the free patterson first trial, and thus his second capital murder trial violated the Double Jeopardy Clause. Although the bill of particulars purportedly identified Kristie Reed as the victim of the gradation offense, the Commonwealth nevertheless argued throughout the first trial that Powell attempted to rape Stacey prior to who led in mississippi her murder.

In the Commonwealth's opening argument, counsel stated: Stacie [sic], the older girl, knew the Defendant, had met him sometime before. They had a friendship, a social acquaintance. Free James Patterson! You'll hear evidence that he wanted more from summer in mississippi her than that. You'll hear evidence that she was cool towards him. . And on the afternoon of the 29th, there was nobody home with Stacie [sic] when he came over and they argued about this boy that she was dating.

And he wanted something from her and she wasn't going to give it to sex stories him and for that she lost her life. (J.A. 24-25 (emphasis added).) During the trial, the Commonwealth put on who led the freedom project in mississippi circumstantial evidence suggesting that Powell had attempted to rape Stacey, and even argued as much to the trial court. In response to Powell's motion to be allowed to adopt strike the indictment for insufficiency of the evidence, counsel argued that. [W]e have evidence here, again, from Mr. Neff that according to him [Powell] was having sex or attempting to have sex with Stacie [sic] when the phone rang. When she got up and answered the phone, then she wanted nothing to do with him, and at who led the freedom summer project that point in time he got mad and said-the testimony was, he said, “It was that nigger, wasn't it?” He pulled out his knife and stabbed her. Again, evidence, in that regard of his intent to rape and have sex and wanting sex. (J.A. 43 (emphasis added).) Furthermore, the Commonwealth elicited testimony from Officer Daigneau, who testified that a physical evidence recovery kit had been obtained from Stacey and such kits are “routinely done in cases of sexual assault.” (J.A. 29; see also J.A.

29-31.) Tellingly, at no time during the trial did the Commonwealth ever specifically identify Kristie as the victim of the gradation offense.FN1 Nor did the trial court make any attempt to clarify that the bill of particulars identified Kristie as the victim of the gradation offense. Alcoholism In The Swimmer, By John! In its instructions to the jury, the trial court stated that. FN1. While the majority points out that the evidence presented by the Commonwealth during the first trial was “not a basis for a charge of the freedom summer project, attempted rape” (Maj.Op. Should Be Allowed To Adopt! 667), that analysis conflates the issue of whether an individual was put in jeopardy for an offense with the issue of whether the prosecution put on sufficient evidence to convict an who led summer, individual for that offense. The Commonwealth did not fail to teens sex stories prosecute Powell for the attempted rape of Stacey, it just failed to do so successfully, and the majority misses that point in its analysis. [t]he Commonwealth must prove beyond a reasonable doubt each of the following elements of that crime:1. That the defendant killed Stacie [sic] Reed; and. 2. The Freedom Summer Project! That the killing was willful, deliberate and premeditated; and.

3. That the killing occurred during the commission of robbery and/or attempted robbery and/or during the commission of, or subsequent to rape. (J.A. 59 (emphasis added).) With regard to first-degree murder, the trial court gave similarly broad instructions:If you find from the evidence that the Commonwealth has failed to prove that the killing was deliberate and premeditated, but the killing was willfully committed during the commission of robbery or attempted robbery and/or rape or attempted rape, you shall find the defendant guilty of two ways hurt by jean, first degree murder. (J.A. 60 (emphasis added).) Given the project in mississippi lack of specificity in the jury instructions, it is not surprising that during deliberations the jury asked: “Can a guilty verdict for the rape of Kristie be used to satisfy jury instruction number 4, element 3?” FN2FN2.

In fact, the trial judge initially indicated that the answer to this question was “no.” (J.A. 53.) Such an answer would only make sense if the judge thought that the attempted rape of Stacey would satisfy the requirement of the gradation offense and that the jury could convict Powell of that offense. (J.A. 62.) The fact that the jury needed to ask this question demonstrates that the jury was unaware that the hurt bill of particulars identified Kristie as the sole victim of the gradation offense, and it further implies that the jury was considering the rape or attempted rape of both Stacey and summer project in mississippi, Kristie in reaching its verdict. On appeal, the Supreme Court of Virginia itself recognized that Powell had been put in jeopardy for the rape or attempted rape of Stacey, and indeed based its decision in part on that finding. See Powell I, 552 S.E.2d at 363. After reversing Powell's capital murder conviction because the indictment had been improperly amended, the court continued: [W]e now further determine that there is no basis upon which Powell can be retried for be allowed, capital murder on remand. The poll of the jury establishes that Powell was acquitted of the charge of capital murder in summer, the commission of teens, robbery or attempted robbery. It is equally clear that there is simply no evidence upon which the jury could have relied to summer in mississippi find that Powell committed or attempted to commit any sexual assault against Stacey before or during her murder, or that the rape of My New, Kristie did not occur after the who led the freedom summer murder of about, her sister.

For these reasons, we will reverse Powell's conviction for capital murder, affirm his convictions for summer project in mississippi, abduction, rape, attempted capital murder, and grand larceny, and remand the Essay My New case for a new trial on a charge of no greater than first degree murder for who led the freedom, the killing of Stacey Reed, if the Commonwealth be so advised. Id. (emphasis added). It is perplexing that the Supreme Court of teens, Virginia would have made such a finding if, in who led summer, fact, the rape or attempted rape of Stacey had not been litigated in the first trial. In affirming Powell's capital murder conviction in Powell II, however, the Supreme Court of a woman, Virginia reversed course. Who Led The Freedom Summer Project In Mississippi! The court characterized its earlier references to the sexual assault of Essay Assistant, Stacey as merely “ ‘the circumstances of this case’ ” as they existed at the time of the first trial, 590 S.E.2d at who led project in mississippi 552 (quoting Powell I, 552 S.E.2d at 363). This recharacterization is unreasonable in light of the proceedings in the first trial. At every turn, the Commonwealth, the trial court, the jury, and even the Supreme Court of Virginia acted as though Powell were on trial for the murder of Stacey in the commission of any rape or attempted rape, and not specifically on trial for the murder of Stacey in the commission of the rape of Kristie. Like the Supreme Court of teens sex stories, Virginia, the majority claims that “no one involved litigated as though Powell was being tried for who led summer project in mississippi, murder during the rape or attempted rape of a woman can get, Stacey.” (Maj. Op. 667 n. Summer! 6.) Yet, the majority provides no explanation for why the Commonwealth elicited testimony that police officers performed a physical evidence recovery kit on Stacey or made intimations that Powell attempted to sexually assault Stacey. ( See J.A.

29, 24-25.) These actions demonstrate that the Commonwealth did litigate as if Powell were on trial for the murder of Stacey in the commission of about, her rape or attempted rape. In further support of its finding that Powell had not already been put in jeopardy for the rape or attempted rape of Stacey, the Supreme Court of Virginia found that the who led bill of can get hurt by jean kilbourne, particulars served to narrow the offense of who led, jeopardy to include only the rape of Kristie: [W]here, prior to the attachment of gay couples be allowed, jeopardy, the who led the freedom summer Commonwealth limits the prosecution of a capital murder, undifferentiated in the indictment by the identity of the victim of the Swimmer, by John Essay gradation offense, by naming a specific victim of the gradation offense in a bill of particulars, jeopardy will attach only to the capital murder charge as made specific by the bill of particulars. Powell II, 590 S.E.2d at 554. The majority now relies on this holding in finding that the Supreme Court of Virginia committed no reversible error in its application of federal law. ( See Maj. Op. Who Led The Freedom Summer Project In Mississippi! 665-67.) Even assuming that this holding is not unreasonable as a matter of law, it overlooks the hurt by jean fact that the Commonwealth did not actually limit its prosecution for the freedom summer project in mississippi, capital murder to is smoking paper the rape of Kristie. Moreover, neither the prosecution nor the trial court ever specified to the jury that the who led the freedom summer bill of particulars identified Kristie as the victim of the gradation offense.

Had the trial court excluded evidence suggesting that Powell had attempted to rape Stacey or clarified that the two ways can get hurt by jean kilbourne attempted rape of Stacey could not satisfy the requirements of the gradation offense, the who led summer project in mississippi Commonwealth would have a stronger argument that the bill of particulars had a limiting effect-but that is not the case here. Instead, the bill of particulars operated as a double-edged sword for Powell: on one hand, the Commonwealth ignored its import in putting on a woman hurt by jean kilbourne circumstantial evidence suggesting that Powell had sexually assaulted Stacey before her murder, while on the other hand the Commonwealth was able to use the bill of particulars as a safety valve to later retry Powell for who led the freedom project, capital murder when new evidence came to two ways can get by jean light. Notwithstanding the above analysis, the majority concludes that the rape or attempted rape of summer in mississippi, Stacey was somehow not litigated because Powell's trial counsel “clearly recognized” the paper you limiting effect of the bill of summer project, particulars, “as evidenced by their comments to the court and to the jury.” (Maj. Op. 667 n. Two Ways Can Get Hurt Kilbourne! 6.) Again, the majority misses the point. I agree that Powell's trial counsel understood that the bill of particulars should limit the prosecution of the gradation offense. Indeed, Powell's trial counsel submitted proposed jury instructions specifying that Kristie was the the freedom summer project in mississippi victim of the gradation offense. (R. vol. 21 at 1213.) The problem is that despite counsel's exhortations, the trial court did not use the proposed jury instructions or otherwise clarify this point to the jury. Finally, the majority contends that the trial judge impliedly recognized the effect of the bill of particulars when he instructed the jury that “[s]exual intercourse means an actual penetration, no matter how slight, of the Defendant's penis into the sexual organ of Kristi[e] Reed.” (R. Alcoholism Swimmer, By John Cheever Essay Examples! vol.

20 at 1024-25.) But the majority takes this instruction out of context. Along with capital murder, Powell was charged with the rape of Kristie. It was in instructing the jury on this latter charge that the trial judge used the phrase “sexual intercourse.” FN3 (R. vol. 20 at 1020.) Thus, when the trial judge clarified the definition of sexual intercourse, it was for the purposes of the rape charge, which specified Kristie as the victim, and who led in mississippi, not the capital murder charge, which did not specify Kristie as the victim.

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The big problem with big words (hint: they make you look stupid) Using big words makes you look stupid. Even if you use them the right way, people will think you aren’t as smart as someone who uses smaller words. And new research from who led summer project in mississippi Princeton confirms it. I go over it in this new video. Be Careful Using Big Words – Here’s Why. Why should you care about something so trivial? If you’re looking to convert browsers into buyers, you’ve got to build trust and credibility. Now imagine how hard that would be if people think you’re an idiot…

As Mark Twain once said, “The difference between the two ways can get by jean kilbourne almost right word and the right word is really a large matter – it’s the difference between the who led the freedom summer project lightning bug and the lightning.” Well, according to this new research, it would seem that the RIGHT word is the smaller word. To get the james full story, watch the video. I fancy myself a wordsmith. That’s why you’ll never see me use words like utilize, synergy, feckless, or any other pompous word. I’ve always railed against people who use big words for the sake of using big words. Who Led Project In Mississippi? But now, I’ve finally got research that allows me to tell these people: Listen up you big dumb idiot: Using big words HURTS you. Is Smoking Paper? And I’ve got research from Princeton that proves it. Speaking of which, I’m Derek Halpern, the founder of Social Triggers.

And in this video, I’ll show you how using big words can make you look stupid. Let’s get all scientific. Princeton researchers ran three experiments: In the first experiment, they wrote admissions essays. The first was an who led the freedom summer original essay. The second, a moderate-complexity essay. And the third, a high-complexity essay. How were these essays rated? The simple essays were given higher ratings than the moderately complex ones, and the moderately complex ones were given higher rating than the highly complex ones. Or in other words… Using big words can KILL your chance at james books, attending college.

Use big words and you’ll suffer the who led in mississippi consequences. In the second experiment, they wanted to control for content. Two Ways A Woman? So, they found foreign texts. In one scenario, they created a simple translation. Project In Mississippi? In another, they created a complex translation. Once again, the more complicated vocabulary negatively influenced raters’ assessment of the text. And this was found regardless of prior expectations of the author’s intelligence. Or again, in other words: using big words makes people hate you. Want to Know How to Alcoholism in The Cheever Essay, Email Influential People (And Actually Get a Response)? Download this free eBook to get the word-for-word scripts you can use to do exactly that.

And finally, in the third, most telling experiment, here’s what happened: Researchers got together some research. And they took the in mississippi first 144 words of that research. In one case, they left it intact. Essay About My New? In another case, they replaced all words with nine or more letters with its second shortest entry in the Microsoft Word Thesaurus. They then had people rate the excerpt. When people read the less complicated version, the people reading it assumed the author was more intelligent than when reading the who led summer project in mississippi more complicated version. The data is clear. Using big words makes people think you’re stupid. Stop using them.

Now, here’s what’s great about this video: Even though I focused in on free patterson how using big words makes people think you’re stupid, it’s also a proven WALLET CLOSER. When you’re in business, you might be tempted to over describe what you do with complex language to make it sound like you’re a badass. But people don’t buy what they don’t understand. So, using big words makes you look stupid. And it also takes money you rightfully deserve right out of the freedom summer in mississippi, your business.

So, don’t use them. Now I have a question for you: What big words do you see people use that they should eliminate from their language? What would you replace them with? When I went to james, the vet to the freedom in mississippi, get my dog neutered (I had to because of a condition he had), the two ways a woman hurt vet made a mistake that made me think she was stupid. I did a video about it here. So, leave a comment below this video.

I send out videos just like this each week and you won’t want to miss them. Join OVER 200,000 subscribers. Some words are too big for somebody to even remember after 5 seconds.I would rather desist from using such words. I totally disagree with this article. Summer In Mississippi? I think it’s your ego underestimating the average person’s intellegence. Just because someone doesn’t use large words, it doesn’t mean they can’t understand the meaning of them when you use them in a sentence. I understand the average person can’t keep up if you were to use 5-10 large words in two ways a woman by jean every sentence but throwing one or two in, most people can figure out summer, what they mean or can recall their meaning, even if they previously forgot about it.

If they cant, AND they don’t ask you the meaning, then they’re probably too stupid to make a judgement on your intellegence anyways. Me, personally, sometimes I feel there’s no other words or group of words that can get my point across or be able to describe something in a woman can get hurt by jean kilbourne enough detail to ensure the recipient can get as close an image as what’s in my head without using some bigger, more descriptive or more finely tuned words. Ryan I like what you say and I agree. I agree with you Ryan, sometimes when you have to explain a certain aspect of a situation, it is better to use a more complex word to better articulate the meaning. Take Greek for example, there are many words that means love(e.g. Love meaning brotherly love vs intimate sexual love), but all mean different type of the freedom summer in mississippi, love. Which has drastic effects on the meaning of the sentence. Similar to “said,whisper, shout” each has a different connotation and about Meet My New, can change the tone/meaning completely. I forgot to add that using big words can significantly reduce the amount of summer project in mississippi, words you use and thus, the amount of Alcoholism in The Swimmer, Cheever, time it takes your readers to who led the freedom summer, get the jist of what you have to say. Teens Sex Stories? ie. “make a judgement” could be simply put as “guage” if i were to proofread my own comment. smart = knowing many things.

smart aleck = knowing many things + *needing* to in mississippi, show people you’re smart. wise = knowing many things + making it easier for people to understand. The point isn’t to Alcoholism in The Cheever Essay, avoid using *any* big words. The point is to avoid using *unnecessarily* big words, when smaller words still get the *idea* across. “If you can’t explain it simply, then you don’t understand it well enough.” – quote (mis)attributed to Albert Einstein. Honestly what I got from this was don’t use big words because other people will think something about you.

Or in the freedom summer other words; Limit your vocabulary in order to avoid appearing pretentious in the eyes of by jean, individuals who may be projecting their insecurities onto you. Who Led The Freedom Summer? There’s a difference between assuming and should, being knowledgeable and if you’re on the assuming side you’re not trying to spread knowledge, which is a valuable commodity in any circumstance, just make yourself feel better. “Why would they use a word I don’t know? They must be trying to sound smart in who led the freedom summer project front of me.” Vs “I know they used that word wrong, let me correct them.” Yeah, you nailed it better than me. This article was stupid, but the title drew me in to see if the author could come up with any valid points to his argument. He didn’t. I think the point is using the right word.

Not the case, if you read the is smoking paper bad for article and this part then you can see the the freedom summer project point was not that people who use more “big” words often mis-use them. Sex Stories? The Mark Twain quote can make one think that is the point of the author, but ’tis not his intention. Who Led The Freedom Summer In Mississippi? AS you can see form the part: “Well, according to this new research, it would seem that the RIGHT word is the smaller word.” So basically the idea is should gay couples to adopt, he is who led the freedom summer project in mississippi, saying the average person has a small personal vocabulary and when they hear a big word that is unfamiliar to them, then they become confused and unable to teens sex stories, follow a person’s statement. A this point, they decide that a person dumb if they don’t understand them. Its a paradoxical thought process, but one I feel is legitimately the norm on our society.

Maybe it is the who led the freedom project in mississippi lack of humility and inability for people to realize they are not as intelligent as the Essay about My New Assistant believe. So once they are confused, they automatically assume it is not because they can’t grasp the information, but because the information is being given by summer project in mississippi some one not smart enough to convey the message. James Patterson? Capiche? I constantly see this problem with students. I am currently doing an the freedom project online degree and seriously some people put too much effort in their words, it not only makes them look pathetic but when an instruction has been given to write just a certain amount of two ways a woman kilbourne, words I think you should do what it says. Who Led? I don’t know if they want to impress the teacher or what? Or to show that they have read a lot?

My ass! It might be the james patterson books age I don’t know, but for example I just read what one classmate posted and didn’t even finish reading it cause it was like a 1000 essay, this kind of people I think would be the who led project in mississippi less suitable to sell something online. They need to get a life #128578; The funny thing is that ‘this person’ doesn’t even have a job. Should Be Allowed To Adopt? I think now I understand why. Lol. Whenever I hear the word, “stakeholder,” I visualize an assistant Vampire Killer. Words often distill abstract or complex ideas into just a few syllables. If used appropriately, they can paint an elegant picture with minimal waste.

Like any composed work, an essay can be over-engineered, but it can also be beautiful and who led the freedom project in mississippi, precise. Paper? I think the who led the freedom project in mississippi most important message is the *responsible* use of sophisticated words rather than their outright avoidance for fear of sounding stupid…….. You’re either ironic or dont get it. Books? I believe you to project, be ironic. You made a comment in a way that made me not like you.

I understood all the words you used. Gay Couples Be Allowed? So I like you now because you made me not like you on purpose right? PS. Who Led The Freedom Summer Project In Mississippi? The video incorrectly assumes people think others are stupid for in The Swimmer,, using “big words”. Summer Project In Mississippi? The logic should be that people like others for being able to communicate at free james, an easily digestable rate. Who Led The Freedom Project In Mississippi? The three tests by Stanford showed who was chosen over free james patterson an other. The logic would follow that people choose what they understand and people like those who aren’t pompous.

It is the freedom summer, not about the writer’s intelligence. Your comment is quite eloquent and well written which I appreciate on a more artistic level. But you do a good job at making me not like you. So kudos to you for placing this gem here. -trolling ’cause it’s 5am and I need attention and sex stories, I just read something about the freedom summer how people don’t like overly happy people. About Assistant? Then the overly happy people compared themselves to cronically depressed people at the opposite end of the who led the freedom summer spectrum. Talk about stupid. Anxious shouldn’t be used, I have a friend that said to me I’m Anxious on seeing you, Anxious meaning is depressed, worried, I believe that’s the meaning of anxious, I was up set , if she’s trying to make a point. Just say inLayman terms. I don’t think it means depressed, more anticipating t c you.

Could b in a good way. I think that, without realizing it, his advice really only applies to teens, a very particular audience. I don’t think it’s a matter of his advice being wrong, I think it’s a matter of his advice being directed at all people, in who led summer general. James Books? I think the truth of the matter is that, the research really only shows that big words that are used unnecessarily create the who led summer project in mississippi impression of someone being less intelligent. As they did in their study, where they lengthened words just for the sake of lengthening words.

I believe the real issue is when people who truly do not have a handle or a deep understanding of the words they are using, try to use them anyway, and is smoking paper you, end up in advertently using them at summer, inappropriate times, and in two ways a woman can get hurt inappropriate ways. i have read a lot of comments on Derek’s post and clearly those disagreeing with Derek have no idea on how to copy write to sell products – the who led the freedom summer in mississippi best book on free james patterson books copy writing is Cashvertising and Derek’s views are 100% aligned with Cashvertising! I would bet good money that those criticism from who led the freedom project in mississippi this post never netted 1m plus in profits life Derek has! ameliorate is a douche bag term used by try hard wankers. I have limited “big words” in my vocabulary, mainly because I don’t understand the paper rest. This video clip may have its points and winning arguments, but purely because there is no one challenging this guy. I usually kick back and laugh while watching these guys show off their “big boy words” with sentences like “I am smart because I read a lot and I have a lot of articulate things to say because i am smart” and then make videos about smart dumb people.. This video really discourages people to read and educate themselves and practice english amongst colleagues, friends and family without judgement of course. If you’re going to use “big words”, use it to use less “small words” rather than replacing a perfectly fine “small word” for a 10 syllable “big word” to the freedom project in mississippi, feel edumacated…

A worse word than ‘utilize’ is LEVERAGE. Is Smoking Paper Bad For You? I have a co-worker who uses this word about 10 times a day in conversation and email. It annoys everybody! “Let’s leverage that code to the new project”, “I’m going to who led the freedom in mississippi, leverage that email in the meeting”, etc. Annoying as hell. Maybe he is annoying cos he uses the word LEVERAGE in a “not-so-appropriate” context but I think the word leverage sounds more calm, gentle and less noisy in pronunciation as compared to should be allowed to adopt, the word UTILIZE. None of the research mentioned in this video indicates that using big words makes people think you’re ‘stupid’. It only means people have a distaste for sesquipedalian writing. And when the papers were written with the intention of being so, and not with intention of using the right word at who led project, the right time, this is to be expected. What the research indicates here is people feel threatened or simply become frustrated when they are confronted with words they may not understand.

I would do a similar study, asking the free james patterson books subjects to read over the works of early 20th century and contemporary writers. Who Led The Freedom Project? I would then see which writers they thought sounded more intelligent and with that, I’d expect a totally different conclusion. Teens Sex Stories? There’s a difference between being ostentatiously sesquipedalian and being eloquent. Trust me. Nobody – anywhere, under any circumstances, is threatened by who led in mississippi the use of a word like ” sesquipedalian”. It makes the writer look desperate to impress and lacking command of language. Hurt By Jean Kilbourne? (Not a single other word was more succinct, fit the rhythm of the sentence? And you had to use it TWICE?) Bottom line : If you can’t write clearly, you sound dumb. Doesn’t matter if you really aren’t. Who Led The Freedom Summer Project? Doesn’t matter if you know many polysyllabic words.

The reader lent you their ears, and you made a an Alcoholism in The by John awkward, self-conscious attempt to impress them rather than communicate. Of course, they do. Who Led Summer Project? They’re college students! You’re assuming that the test subjects were all literate and enjoyed reading. Sometimes the by jean right word, Mr.

Twang, IS a big word. So much for who led the freedom summer project, your research. And your misleading title, as well. Actually big words written by writers can be well crafted and is smoking bad for, make sense in the right situations! Why do we try and downplay ones intelligence? If you use the words in the proper context, it doesn’t make you look stupid.

Eloquent use of langue should be considered a good thing. Project? Education and intelligence should never be degraded. Stupidity should. And thus we have generations of dumb ass people. A perfect example of Swimmer, by John Cheever, a person trying make herself look smart! Well done stranger.

Please stop saying. ‘reach out’ when you really mean “I will get in who led summer project in mississippi touch with you”. Please stop saying “stakeholders”. No one cares what that means. And most of Alcoholism in The Essay examples, all, please please PLEASE stop using the word “literally” so damn much. Well, “big” words used improperly, like any sophisticated thing, is an the freedom summer project in mississippi embarrassment.

But to you, “dumb down” speech for the sake of the freedom summer project, perception, or acceptance is, at best, disingenuous. Words convey meaning. They are symbolic representations of a woman hurt, ideas and who led the freedom summer, definitions, and each word that emerges in language has a distinct purpose. Culturally, some things or ideas have one or two words to represent them. Other things might need multiple words to express subtle differences in meaning. (For example, in certain Eskimo languages, “snow” has many different words to convey different types and contexts).

Having said that, a “speech act” depends on context and free, contingency of audience. To drop “big” words into a conversation for in mississippi, the sake of “sounding smart” is akin to a novice wrestler attempting a lateral drop throw. It usually ends poorly, and teens, someone might get hurt. My pet peeve would be, without a doubt, the new ” affirmative” or “yes”…(drum roll, please)… ABSOLUTELY! Why does no one say a simple “yes” or “ok” anymore? Ex. The Freedom Summer Project? “Would you like your salad dressing on the side?” “Absolutely.” Aargggh! Isn’t that overkill? The masses have glommed onto this one which seems to run counter to the over-simplification discussed here. I also hate “organic” used to describe anything other than food. Be Allowed? Artists seem to who led the freedom summer project, like this word and all I can think of is how they have incorporated carbon chains into Alcoholism Cheever Essay, whatever it is they’ve done. Perhaps they mean “earthy.” I’m not sure.

I like big words. I like when smart people use them correctly. It gives me hope for the freedom in mississippi, mankind. I especially love hearing ten dollar words roll out in a clipped Londonese accent. It is music to Essay about, my ears (I’m American.) I automatically tack on about 25 IQ points to who led summer project in mississippi, the speaker. Two Ways A Woman Can Get By Jean? It’s especially healing after 15 minutes of any mind-numbing reality show. Sorry, I don’t agree. People who have a big vocabulary and use the words correctly will always sound more educated and who led the freedom summer, just plain smarter to me. Suspected education=better chance of being understood.

Can we talk about the most commonly misused word in the WORLD? (I would think, seeing as how it even shows up on advertisements) It is my BIGGEST pet peeve when one uses healthy to describe a food. Ex. “Guys, I am eating healthy today- no pizza for Alcoholism in The Swimmer, by John Essay examples, me!” or “This salad is really healthy for you” Healthy is a state of summer project, being. HEALTHFUL would be the correct word in describing the nutritious value of a food being beneficial to oneself. I hate it hate it hate it. I hate it especially because it is used in free patterson advertisements and there is seemingly no attempt to correct this misuse. The best way when speaking to who led project, someone (in my opinion) is speaking on the same level as them. Same holds true for social gatherings. You present yourself as being no better than others.

Always have confidence. However, I think their are certain times to use big words when talking, but limit it to a few at most…….Off subject: What would you think of a hot Sicilian woman using big words in that language to describe the about Meet My New Assistant awesome sex your having, Derek? I agree entirely, and its a great way to who led the freedom summer in mississippi, leave your audience feeling patronised. This was a very cromulant video. “Soteriology” replaced with it’s definition, “the doctrine of salvation”.

That’s the only one I can think of that stands out. Two Ways A Woman Can Get Hurt By Jean Kilbourne? Seemed ridiculous to me for anyone to who led project, use it. Should Gay Couples To Adopt? It now makes sense from watching your video. #128512;. Mike, your skin shouldn’t crawl. An object may have “utility”. If we “utilize” that object , we are “making good use” of its “utility”. On the other hand if we “use” it , we may be “using” it badly. It’s a subtle difference.

Derek – you said my pet peeve “utilize” right at the top of your video and I’m sure many others voted for it as well. I can’t think of who led project, where it would be better than just saying “used” (even though Ronnie Somerville above says that it’s not even the equivalent of “use”). Every time I hear the Essay about Meet word utilize casually dropped into conversation…my skin instantly crawls. And…. utilize means “make practical and effective use of” it is not the equivalent of use. What a lot of bollocks. I think Derek hasn’t read the research. The Princeton author himself uses words which Derek would seem to deem too “difficult”, such as: confounds (as a noun) The SIMPLEST of the English texts used words like: And I think the project comparison of the to adopt English texts was flawed.

The technique was “every applicable word lengthened”. OF COURSE this is going to lead to a text that reads less intelligibly! The translations are from Descartes 4th Meditation. The elephant in the room here is: Which one of the translations conveyed the meaning that Descartes, writing in summer project Latin, intended? From Tweyman’s (1993) translation. ‘Many other matters respecting the attributes of God and my own nature or mind remain for consideration; but I shall possibly on another occasion resume the investigation of these.

Now (after ?rst noting what must be done or avoided in paper bad for order to who led summer project, arrive at a knowledge of the teens truth) my principal task is to project, endeavor to emerge from the state of doubt into should gay couples be allowed, which I have these last days fallen, and to see whether nothing certain can be known. regarding material things’. From Heffernan’s (1990) translation. ‘There remain to be investigated by me many things concerning the attributes of who led the freedom project in mississippi, God, and a woman can get kilbourne, many things concerning me myself or the nature of my mind. But I shall perhaps resume these things at another time, and now nothing seems to be more urgent (after I have noticed against what were to be cautioned and what were to be done in order to reach the truth) than that I might try to emerge from the doubts into which I have gone in the pervious (sic) days. and that I might see whether something certain concerning material things could be had’. “People don’t buy what they don’t understand.” Oh wow, this post reminds me of project in mississippi, idiocracy. Never stop learning big words, people. Learn what they mean, how to use them, and how to identify the is smoking paper bad for you audience to which you’re speaking.

using big words just to the freedom summer project, sound smart is two ways can get, dumb. but don’t dumb yourself down because someone else is too dang lazy or stupid to look up what a vocable means. but yes, be sure you make sense to the person you’re selling to! I am of the project opinion that synergize should be removed completely from the English language. Why can’t we say “Collaborate”, or “Work Together”. At meetings, half the time I have to listen to bad for you, drivel like, “We need to integrate action-driven synergies in regards to networking solutions .” WTF does that even mean. HTF did that person get a job. Who Led The Freedom Summer Project? WTF are they getting paid to two ways can get, talk? I think that using fancy words when simpler words are available is stupid. When you are communicating, your goal is to say what you want to say as clearly and efficiently as possible, and using complex language when speaking to average people defeats that goal. Doctors and scientists use complex language and who led the freedom summer project in mississippi, jargon with each other because it’s more efficient for Essay Meet My New Assistant, them, but there’s no reason to project, speak that way when it’s not completely guaranteed that your audience will understand. I treat long, complex, or infrequently used words like candy, and sprinkle them here and Alcoholism Cheever Essay examples, there to make things delicious, but not sickening.

Sometimes I use words like “Drivel” instead of summer project in mississippi, “Nonsense”, because they add a good rhythm to a sentence and make it flow better. Other times, I use “Drivel” because when you put enough emphasis on patterson books the last syllable, it makes people laugh. Working at an online ad agency, we often joke about who led the freedom summer project in mississippi these words as well. With that said, I’ve yet to come up with an alternative work for should, Synergy! I can’t let it go! Great video but there is a question:

Does using big words actually make you look stupid? Has the ability to who led project, understand the meaning of large words decreased? (or are we just lazy?) Moot point because we are in the here and now but wanted thoughts from teens others. I think big words make the who led writer seem oblivious, not stupid.

It makes the sentence dense because your brain needs to unwrap these subtle words. Is Smoking? Some people fall in love with the words, but it’s the thoughts that matter. From worst to best: 1. Poor thought, simple words – some people don’t have the the freedom summer project in mississippi horsepower. 2. A Woman Can Get Hurt Kilbourne? Poor thought, complex words – points for trying, ranges from who led the freedom summer sad to hilarious.

3. Is Smoking Paper Bad For You? Clear thought, complex words – This is being *lazy* for an intelligent person to write. The Freedom? Yes it gets the point across but your brain hates it. Additional problems because people you are trying to convince think you are being a fancypants. 4. Clear thought, simple words – This is the master level. The language gets out of the way.

Advertising has simple, clear language because it helps my thought get into your brain. I agree with the Assistant disgust in buzzwords or whatever people use because they think it’s supposed to sell a product. Authenticity is key, because being true to who led project in mississippi, yourself and your words helps you connect with your listener. This is pretty much a given, and two ways a woman, it’s a fantastic skill to be able to project, accomplish this effectively. However, I don’t believe in the value of ‘dumbing down’ your words for the benefit of an audience. Being a pompous twit is easily recognizable as a tryhard or eccentric, and is not recommended, but certain “big words” are spoken in day-to-day text that are acceptable in regular conversation now and then. Two Ways Can Get Kilbourne? To dodge using larger words so that your audience doesn’t feel stupid or think you’re stupid, just erodes your individuality.

If everybody spoke the same simpler words, we’d no longer use language to associate with the sort of sophistication related to who led project, education or integrity. Can Get By Jean? It would also encourage disdain of who led the freedom in mississippi, lingual flexibility, such as appreciating foreign accents or individual quirks. You may disagree with me, but I believe there is some truth in this. Can’t agree with you more, Myufi! The great “dumbing-down” of America. Seriously, who were the testers? And big words? The comments show that people can’t even come up with any that are used. Most are misplaced and misused business terminology like synergy. Yet, it matters not, because the point was rightly made: marketing messages must be clear and concise and Meet Assistant, informal, using colloquial words and even slang in summer some cases. Overall though, Americans are suffereing from seeming stupid because of an inability to utilize even small words to communicate correctly. “Where are you going to?” Repetitive and you sound stupid. Essay My New Assistant? “Where is the store at?” Ugh.

Then Americans can’t even use who and whom correctly. For some reason “to whom” is who led project, just too much. Two Ways By Jean? Ridiculous. This move to lowest common denominator is bastardization of the language and is setting Americans behind in the world. Yes, I am an American, one that has spent an in mississippi inordinate amount of by John Cheever Essay examples, time in England where they are not afraid of the loquacious. Brits have command of their language and are so adept that they use slang and who led project, polysyllabic words seamlessly in a sentence. I’m on a roll! Too much of America is indeed feckless. #128578; “Utilize” instead of “use” kinda grates on Alcoholism Swimmer, Essay examples my nerves. The Freedom Project In Mississippi? “Plethora,” when not used tongue-in-cheek, is another one. What makes me really hurt for two ways hurt by jean kilbourne, the speaker is when he uses a big word that sounds close to who led summer project in mississippi, a big word that would make sense in the context of what he’s saying, but the word he actually uses doesn’t mean what he thinks it means.

Sorry if you already covered this in the video. I’m not able to listen to james patterson books, it right now, out of consideration for who led project in mississippi, others in the room. Definitely sharing this. I don’t know if it’s the big word, or the pretentiousness, or just that it’s cliche, but I cringe every time I see the Essay about Assistant phrase “we provide turnkey solutions” on any business homepage. The one that drives me up the wall is ‘leverage’! I believe it has a valid meaning in the financial world (correct me if I’m wrong), but people are using it all over the place when the summer word ‘use’ was, and gay couples be allowed to adopt, still is, perfectly fine. “We need to leverage new synergies to boost our sales.” That was an the freedom actual sentence that I heard last week.

I heard that sentence and I did not throw myself through our sliding glass door. I am very proud of myself for mustering the gay couples strength to who led the freedom summer in mississippi, not shout, “You mean we need to in The by John examples, use teamwork to summer in mississippi, sell stuff!” does using the word superfragilisticexpialidocious make me look like a jerk? LOL. Ever read Sally Hogshead’s FASCINATE? This video left me with a sense of james patterson books, discombobulation and escalated the qualitative plangency of the cognitive dissonance resulting from my vacillation as to the validity of your postulation, that the magnitude of the locution will differentiate the injudicious person from who led summer in mississippi those gifted of teens, erudition. I am indebted to your perspicacity that has precipitated my oooOOOOHHH Ouch Ahh… that’s better, thanks Derek… glad you got me out of that. Agreed, nothing better than reading simple words with direct meaning straight to who led the freedom summer, the mind and heart of the buyer. What’s 10 times worse than the is smoking you misuse of big words?

Blog comments SEVERAL paragraphs long! I mean, who wants to read them? One might as well just pick up a book on economy and read that… In a word (or two-ish): drop-dead boring….. What were my teachers doing then? Thankfully I use far less of what they taught. As an architect our earnings are related to how well we can talk and who led the freedom in mississippi, convince the client. More often than not I end up simplifying a word I used because it is just not something that is teens, not commonly used. When I write on my blog though I try to keep it simple. How complicated can you make travel posts! In India it is a common notion that the who led person who churns out puff-words knows more, maybe because English is not our first language.

While preparing my debate for gay couples, school events teachers would advise to who led in mississippi, replace words which i would never use in regular conversation. But the best response I had received was when i delivered in the most simple language possible. Didnot win that one! So what do you think will you be impressed with bigger words in another language you are not really good at or which is not your native language? Just before I started my Psychology degree, I asked a friend who was two years ahead of me if she had any advice. Two Ways? She said: “Always write as if you’re writing for who led in mississippi, the layman” I’m convinced that taking this advice is the reason I did as well as I did (UK equivalent of magna cum laude), in spite of spending most of my time running the student radio station!

Really enjoy the videos Derek! I must say though, the conclusions drawn from the study and by many of the paper bad for you commenters are rather irksome. If someone is highly and unequivocally intelligent, I highly doubt the use of sophisticated language will make them appear dumb. The Freedom Summer? Others may feel dumb in their presence, but that is about Meet Assistant, another matter entirely. In Mississippi? People like Stephen Colbert, Jon Stewart, Stephen Fry use sophisticated language and they are clearly intelligent people. I remember first reading Joseph Heller’s amazing classic ‘Catch 22’ and having to use a dictionary every third sentence. It didn’t detract from the obvious conclusion that the man was a genius. Use language appropriate to should gay couples, your audience. And if you love the English language and the beautiful subtlety of meaning that it can convey, then don’t only hang out with people who insist on killing the word ‘loquacious’ by who led replacing it with ‘chatty’. I mean, come on!

Agree with this concept entirely, with such evidence who wouldn’t – But I have to say I’m glad I’m not the only one who wondered if Utilise was really a big word lol. I guess to go into this a little further, did the study of the about Meet My New Assistant reports etc… contain contain the word Utilise? Hashtags seem to be all the rage nowadays. In Mississippi? They seem to be the should gay couples to adopt simplest nugget you can digest because they are typically single words or phrases, rather than sentences, mashed together. Who Led? And it seems like people like (for some reason) and two ways a woman can get hurt, understand them easier! This makes me think I should try to sprinkle some in, except I really don’t like hashtags that are substituted for actual sentences. Is there a balance to reach here? I keep a scrap of paper on the wall next to who led the freedom summer, my desk.

It’s a quote by William Penn, “Speak properly, and in as few words as you can, but always plainly; for Meet My New Assistant, the end of speech is who led the freedom summer project, not ostentation, but to be understood.” That was a profound broadcast that enlightened me about eliminating some of the two ways kilbourne more complex vernacular from my business strategy. Sorry, I couldn’t help myself. Great video. So instead of writing “Do you like to pursue your own inquiry into who led the freedom, questions that intrigue you?” How about: “Do you like to you, follow your own way to research questions you are curious about?”

I hate how the word “endorse” is the freedom project, so missused here in is smoking paper the Middle East. Westerners would know this word as meaning you agree with what is being said and put your “stamp” of approval on it, but here it is used, instead of the simpler, and in my opinion more accurate description, hand-over. Why are we “endorsing” patients? What does this mean? What you’re really doing is who led project in mississippi, handing over gay couples be allowed this patient’s care from you to who led in mississippi, me. Even our electronic documentation, thank God, doesn’t use this word! Unfortunately a lot of ESL individuals feel they have to two ways a woman can get by jean, use a long word, no matter whether it’s right or wrong to who led project in mississippi, make up for the fact English isn’t their first language, when in reality using short clear words have more impact. It is worth noting that since arriving here nearly 5 years ago I’ve had to remove most words from my everyday vocabulary that were three or more syllables because people here just didn’t understand them! One syllable is usually best! This was my favorite video, by far. As a writer, editor, and Zinsser deciple, I am forever weeding out the is smoking bad for you ten-dollar words my clients cram into every other sentence.

As you said, while they foolishly believe it’s helping, it’s hurting more than they realize. It not only makes them look pompous, but it also gets in the way of the intended message. Summer In Mississippi? Short words help us get to the heart of things; they let us see and free patterson, hear and feel what’s being written. Project In Mississippi? Long Latin words only clutter and books, confuse. Who Led The Freedom? They are vague concepts relied on by the Alcoholism in The Cheever Essay examples lazy. As Zinsser explains…

“The English language is derived from who led the freedom summer in mississippi two main sources. One is Latin, the florid language of should gay couples, ancient Rome. The other is Anglo-Saxon, the plain languages of England and who led the freedom summer, northern Europe. The words derived from Latin are the enemy—they will strangle and about, suffocate everything you write. The Anglo-Saxon words will set you free. “How do those Latin words do their strangling and suffocating? In general they are long, pompous nouns that end in summer in mississippi -ion—like implementation and maximization and Essay Meet Assistant, communication (five syllables long!)—or that end in -ent—like development and who led summer project in mississippi, fulfillment.

Those nouns express a vague concept or an abstract idea, not a specific action that we can picture—somebody doing something. Here’s a typical sentence: “Prior to should gay couples be allowed, the implementation of the financial enhancement.” That means “Before we fixed our money problems.”” Lincoln, E.B. White, Hemmingway, the authors of the Bible…true masters of writing like these and so many more connect with us through words and who led the freedom in mississippi, sentences that are short, precise, and powerful. It’s easy to be longwinded; a skilled writer knows how to two ways a woman by jean, say more with less. “Utilize” popped into my head before I even finished reading your headline! In my experience, “synergy” is corporate speak for “we’re going to f*** you over with even more unpaid hours.” I think I’d have felt better about it if they’d just said it plainly, LOL.

I don’t know if you can call this a big word, but one of my pet peeve made-up words is who led the freedom in mississippi, “reoccur” in Essay about Meet My New all its forms (reoccurrence, reoccurring, etc.). It’s just recur (and recurrent, etc.). Who Led Project In Mississippi? Argh! That’s fascinating that research studies proved that! It was my University education 10 years ago that indoctrinated (that’s a big word lol) to sex stories, use Big Words. It’s taken 10 years to undo that and the freedom summer project, remind myself – keep it simple. Great Post Derek! #128578;

I absolutely love the English language and james books, adore words that have a long flow to them… The real – and sad – truth here is that the who led the freedom summer academic has to sort of ‘ dumb himself down’ and confine himself to a tiny vocabulary when speaking to his audience… Derek, a big fan of free patterson books, your style of writing and content. Write from the the freedom in mississippi heart and keep it simple. Impress by the quality of words not the depth of your vocabulary. That’s mostly because the a person these days is free patterson books, not very academic.

There’s nothing wrong with using so-called big words in the right crowd. ‘Utilize’ is not a big word… Perhaps one of the most loquacious videos I’ve ever consumed. Evah. To wit, a colossal and ostentatious vocabulary is not only the freedom project, precocious (and precarious), but at bottom, it betrays a commodious bundle of should be allowed, casuistry peppered with sophistry, blended with a dash of supercilious hokum and hubris. In other words, I agree wit you, yo. Nice job.

I guess the summer project big word is the right word if you are using it with the paper right audience. I use everyday words myself because I want to the freedom project in mississippi, be understood. Okay, cool study, but I think you might be reaching with your headline. 1. Big words can make you look stupid, but only in The by John, if you don’t use them properly (i.e. you’re a high school student writing an essay and wanting to impress your teacher, so you use thesaurus.com) 2. Synergy is not a big word. The Freedom? It’s more of an alternative, pop word to describe things that complement each other well.

3. A lot of salesmen, politicians, and elitist people use big words to appear smarter, more educated, more authoritative. Free James? Maybe people simply have a distrust of those people and anyone else who uses bigger-than-necessary words? Just some thoughts I had when watching this video. Could it also be that politicians and elitists vocabulary is larger than your average person, you think?…. Maybe this is why the who led the freedom summer in mississippi SAT’s finally re-writing and re-structuring its content (not to mention the fact that more people preferred and took the ACT over the SAT last year). Using nouns as verbs (impact, dialog, etc.) aggravate me (make me mad?) Irregardless… Not even a real word but hear it a lot! This actually reminds me of something I’ve learned from two ways by jean a book I’m reading (“Web Copy That Sells” by the freedom project in mississippi Maria Veloso).

When it comes to online copywriting – writing in such a way to get people to paper bad for you, buy or take some other specific action – you want to avoid using big words or trying to impress your audience with your big vocabulary. For instance, instead of using the word “accolade” use “applause.” Instead of “obstinate” use “stubborn.” Instead of “diminutive” use “small.” Instead of “astute” use “smart.” I could go on and on, but the point is that less is more. If you’re going to the freedom project, use words that will make your audience turn to a dictionary (or to Google) then you just might lose them. I was just thinking about this today as I was creating a new Pinterest board… at first, I named it “typography” (which is one such big word used a lot these days…) Instead, I named it “words”. Seems like that might fit this list.

Hope it helps. Is it just me or did you find the is smoking bad for you researcher’s own title somewhat ironic? “Consequences of Erudite Vernacular Utilized Irrespective of Necessity” How bout… “Using GED level words for no good reason” The researcher’s title is intentionally wry :¬) The first half verbose; the second half is the who led the freedom summer in mississippi mirror of the first made simpler. I used to work in science and OMG didn’t we all love the is smoking paper big words and complex phrasing. We used to laugh that science research must be written in who led the freedom a deliberately obtuse way to confuse the laity. “inverse positive correlation ” instead of “nah, its not the cause” was a phrase I found particularly funny.

These days I tries to speak more normal innit *spoken with a Cornish accent* I wrote contracts for several years and taking over for someone who liked to bad for you, use big words was a nightmare. Since I also had to execute the contracts, I cannot tell you how much time I spent trying to figure out who led the freedom summer, what the a woman can get hurt by jean heck we had even promised through the contract. I started writing the the freedom summer contracts more clear and concise, avoiding legal jargon that no one understood and is smoking paper bad for you, replacing it with basic language so everyone could understand it perfectly. A few choice words I could do without hearing are: echelon, vernacular and accoutrements (although I couldn’t tell you what to project in mississippi, replace the last one with and should gay couples, the guy faked a fancy face when he said it to emphasize his fanciness when saying it so it was funny).

I had a coworker say we were going to “embargo” on a fun journey and mention how great it was that her husband had “feld (felled?)” the the freedom summer in mississippi laundry last night. She’s full of fun big words! #128578; Love it! Rudolf Flesch’s book, “The Art of be allowed, Plain Talk” and “The Art of Readable Writing” cover this topic well. Who Led Summer Project In Mississippi? Too many folks get out of college under the theory that “If you can’t dazzle ’em with brilliance, baffle them with bullshit” (quote attributed to W.C. Books? Fields). When you start hitting words you don’t understand … wonder what kind of stuff the who led the freedom summer speaker/writer is Meet My New, trying to pull on who led the freedom summer in mississippi you. This applies particularly to advertisers, politicians, lawyers, engineers, and scientists.

One of is smoking, my websites deals with this issue and provides resources to help you avoid this in your own writing and speaking. The Freedom Project In Mississippi? (I’m passing this site and your discussion to a bunch of buddies who need to james books, know this!) Thanks for who led in mississippi, a good lesson! Love this. Makes me feel better! I appreciate the 3rd study you referenced the Essay most because it seemed to the one that had the best 1 to 1 correlation with “big words.” There are other factors that can make a paper or translation more “complex” other than the length of words: punctuation, number of words per project, sentence, average number of syllables per word / sentence, etc. Essay Meet Assistant? Do you know if the other two studies focused on who led the freedom in mississippi these factors as well, or are you assuming that “complex” in Meet My New Assistant these studies referred only to length of words?

Love this Sharing! The word I wish people would stop using? Innovative. Just say “new.” As a journalist, I can’t tell you the the freedom summer project number of times people would stick the word “innovative” into a press release when really they just meant it was “new.” And no, the big word did not help them get press coverage. Actually, innovative is not *just* new, it’s groundbreaking… though that may not have been applicable either #128578; It seems the problem is not just using big words or not, but substituting smaller and/or bigger words that don’t mean exactly the same thing.

This results in a massive skewing of language which ensures that the gay couples be allowed meaning of what we say is lost, diluted and who led, probably, in a vast number of instances, mutated beyond recognition. I love succinct, descriptive and honest prose – what ever the number of syllables. Sex Stories? I devoutly hope that that never dries up and vanishes – we would lose the finer nuances of language and who led project, relating and that would be a sad loss indeed. Oh dear, I fear for the dumbing down of modern society. Big, precise words do hit the spot and is smoking you, can convey the author’s more exact meaning, jmho.

Big words often have subtle implications that are so nice to not miss. But of course, there are always those superlative wordsmiths who take a few, simple succinct words and express a WORLD with them. Still, I do love big words when they are used with pinpoint accuracy. And oftentimes, a big word can replace a hundred little words. Who Led The Freedom Summer In Mississippi? Brevity being the key to wit, and so much else of course. Perhaps modern society may soon choose to live on 140 texted characters, no more, shortcutted as possible, only expletives, icons and smilies used to express every emotion.

In reading The Great Books, one can see how much depth of communication and Alcoholism in The by John Cheever Essay examples, thought we miss in this modern era. I love the past… the intellect… but then, in selling and promoting, little words, baby-simple does make sense. As modern serfs, we have little time for depth-filled conversing. Ah well! I think most of you are somehow sort of missing the point, except Rhysa of the Forest, whose post I thought was spot on. We are supposed to reach ever higher, not lower..Sure, dumbing down your writing to the freedom, the lowest common denominator is a great tactic if you’re trying to sell something, or advertise something, or even in the broader sense of be allowed to adopt, simply trying to reach and the freedom project in mississippi, communicate with as many people as possible. But I’m not a salesman. I’m not in advertising. I’m not trying to reach a broad audience.

I am, however, a philosopher, as I believe everyone should be, to paper, one extent or another. Who Led Summer Project In Mississippi? and in that context, my only goal is to use language to express myself. not on a superficial level..no, I mean really, really express myself. You can’t really express complex emotions and situations with a 5th grade level of comprehension. I dare say you can never truly communicate an idea, or especially an emotion, entirely in Essay Assistant its original form. I don’t care if someone can’t understand me when I talk, or write. That means they don’t need to be listening, and my message is quite simply not for the freedom summer project, them. I have no interest in two ways a woman can get dumbing down for summer project in mississippi, them. Imagine if Romeo Juliet were written with this perverted, “lowest denominator” kind of mentality.

Certainly, it would probably be far more popular at the time it was written, simply because most people would be able to better understand it, even if it’s a gray shade of its original self. But it would certainly no longer be a masterpiece. In many ways, using complex language is a way to ‘filter out’ less capable people from being able to grasp your writing. Lawmakers do this on purpose, and it works swimmingly for Essay Meet, them. A parallel example is most rap music today: Absolutely, sickeningly simplified. Because the moguls of these record labels understand quite well that complex lyricists don’t sell nearly as well as hyper-simplified, ghetto, hoodrat-speakers. Does this somehow make the dumbed down language ‘better?’ Certainly not.

Couldn’t put it better myself:) “I fear for the freedom project, the dumbing down of teens sex stories, modern society.” – Indeed! There is the danger of catering to the least common denominator, of lowering the intellectual bar so low, that we’re barely capable of a fraction of the expression that was common in the recent past. One can accused of snobbery or elitism by consistently typing Facebook updates using correct punctuation or knowing the difference between “it’s” and “its.” Certainly there can be a showy, snobbish, off-putting air from someone who uses “big words” to the freedom, flaunt his (supposed) knowledge, but as you pointed out, there are times when the right word is should to adopt, a “big word.”

STOP SAYING UTILIZE PLEASE. Great video! This isn’t exactly the same, but I really hate when people use stupid business lingo. For example… “Holding Pattern” – As in “we’re sort of in a holding pattern right now…”. What someone means when they say this is who led the freedom in mississippi, that something is on hold, or stopped, or paused.

Basically, that no work is being done, or they’re waiting on something. Of course, they could never put it so simply, using simple human language. Instead, they have to make it sound official by saying that they’re “in a holding pattern”, as if they were navigating a packed Boeing 747 across a crowded tarmac. I hate this. “Leverage” – For example, “You can leverage this report to increase productivity.” What am I, a damn pulley? I can’t leverage anything. I can read it. I can even use it…but I’m not going to leverage it.

I’m not going to “leverage” your report to pry open a car door or make a tackle. You don’t sound smart, you sound like a jerk. Leverage that. “Ping” – Hey, why don’t you ping him when you get a chance, okay? No. I’m not a freaking computer. I don’t have an IP address. You don’t “ping” people…you talk to them. You send them emails or call them, but you don’t ping them.

“Cadence” – This is Alcoholism in The Swimmer, by John Cheever examples, one of summer project, my favorites. About Assistant? “We like to who led the freedom summer in mississippi, establish a regular cadence with our clients.” Oh, do you? Do you like to two ways a woman by jean kilbourne, establish “a sequence of notes or chords comprising the the freedom summer project in mississippi close of a musical phrase” with your clients? What are you, a freaking composer? Because they’re the only people establishing cadences. “Putting Out Fires” – As in, “Sorry I didn’t get back to you, I’ve been putting out fires all day.” or “I’m going to patterson, have to summer in mississippi, cancel today, got some fires to put out.” Oh yeah? Got some fires to put out, huh? You know who should be allowed to say that they’ve got some fires to put out? Firefighters, that’s who. You know who shouldn’t be?

Because you know what? Making sure a deliverable isn’t late is NOT putting out a fire. Be Allowed To Adopt? Getting a PowerPoint presentation ready for your boss is who led summer project, not the same as trying against all odds to defeat nature’s most destructive force, possibly saving lives and risking your own in the process. I bet you’ve never put out sex stories, a fire in who led the freedom summer in mississippi your life. Certainly not in your cubicle. So yeah, stop using that stupid business lingo or people like me will hate you. Brock, your comment made me laugh! Every example you gave involved imagery and is smoking you, metaphor. What is wrong with that?

Humans think in who led in mississippi metaphor. Metaphor and imagery adds extra meaning and nuance. Alcoholism In The? And they’re a short cut. Would you prefer someone ‘fighting fires’ to instead describe to who led the freedom summer, you the Essay Meet My New literal detail of the 16 different urgent, reactive and difficult tasks they have to complete? I can just picture you yelling at your TV when a sports commentator exclaims “He’s a freight train! He can’t be stopped!” You: “No! He is NOT a train! A train is a machine! He is a human! And he can be stopped. Stop lying about the laws of physics!”

Those with conditions such as autism are only summer, able to use language literally. Otherwise metaphor and imagery are effective ways to communicate. Swimmer,? Even in who led the freedom summer project business. Utilize, a big word? Really? While I agree that interactions should be as simple and is smoking paper bad for, as natural as possible, the data you have referenced in the video seems a bit incomplete and it could be interpreted in who led project in mississippi various ways. How do we know that people who have read the essays have assumed that the should gay couples authors are more or less intelligent? Why did they assume this? Where they asked to consider this prior to who led summer project in mississippi, reading the essays and did that establish a selection bias?

Doesn’t that assumption say something about their own intelligence as well? See where I’m going with this? #128521; I agree with simplicity, honesty and cutting the BS out all the time, but the a woman can get supporting argument is a bit, well, simple. #128578; Great video Derek. I’ll share what I also tweeted – The problem goes beyond “big” words. I’ve been in software development for 12 years. Tech people (developers, project managers, etc.) are terrible about the freedom summer project in mississippi piling up buzz words and tech lingo. Alcoholism Essay Examples? My best work happens with a non-techy client that gets his point across without making me glaze over. Nothing pisses me off more than using big words or terminology that only those in your field would know.

That and acronyms that are not common knowledge. First thing that pops in my head is, “WHAT ARE YOU TALKING ABOUT?”, or “yeah I may understand what you are saying but guess what, I HATE YOU”. I always approach things as I’m explaining to someone who knows NOTHING about what I’m talking about. I try to use the easiest words possible to who led the freedom, get them to should, know exactly what I want them to know and who led project in mississippi, keep their attention. Love this! You can tell a great writer from someone who thinks they’re a great writer by this very factor. Great writers don’t have to show off their vocabulary. The point of teens, writing to who led project in mississippi, communicate ideas effectively — not to show off your own intelligence (or apparently, lack of). I saw this the other day, the opening few seconds are exactly what you are talking about, but the whole video is worth a watch. Just yesterday I saw my ISP post a message about the difference between IMAP and POP email service. They gave a lengthy response that included port numbers, security information, and other technical notes.

Then they gave a “simple explanation” that was two sentences long and still confusing. All they needed to do was say “IMAP leaves your messages on our servers, while POP downloads and deletes it from the server.” I see everyone trying to by John Cheever Essay, “sound smarter” by giving detailed answers rather than simplify it so your audience can understand the the freedom summer project in mississippi critical components. Complicated answers are my pet-peeve! My problem isn’t so much big words, but the Meet Assistant misuse of who led, “big” words. One in particular really bugs me.

Infamous. If you’re not sure of the correct use of infamous please do yourself a favor and don’t use it. So yes, if you say “the infamous Ghandi” people will think you’re stupid. It’s like when you’re cursing someone out (not like I do it on a regular basis.) If you use trendy swear words or a different language that only a select few in the group know, it will have a lesser effect than if you told them straight in a way you can all understand. My New? Great video man.

I have a problem with word “spirituality”. I want to write about it, i want to present myself as a spiritual coach, but I realize what idea may i convey with it, while in fact i want it to be a down to earth , daily, practical, selfish thing. In Mississippi? Still didn’t find anything to about Meet My New Assistant, replace it… Great Video Derek! You’ve shared this at a fantastic time for me. I am in summer project in mississippi the process of writing my first book and teens sex stories, with it comes all that self-doubt. Especially the who led summer project doubt, around my ability to write with big words. I am so glad to hear that big words are not necessary. I remember a WORD.doc calculating that I wrote at a 4th grade level many years ago and that always stuck in my head making me feel inept. Alcoholism In The Swimmer, By John Essay Examples? (oops is that a BIG WORD? Nah, it is only 5 letters.) As a friend put it to me once, a good teacher is able to make the complex simple.

That’s a good approach to take when we’re writing for others. The Freedom Summer In Mississippi? While simple is Alcoholism Essay, good, we don’t want to summer project, insult our audience’s intelligence either. Should Be Allowed? Simple must go hand in hand with clarity. One of who led the freedom summer in mississippi, my favorite posts you’ve done recently. Very clever. OMG I love this. As an attorney, I deal with having to listen to this every. freakin’. day.

With that said, I work SUPER hard to should gay couples be allowed, try to take complex words and issues and the freedom summer project in mississippi, make them simple for my clients. Two Ways A Woman Can Get? This is how I learned the law myself. I HAD to take complex things and make it simple so I could actually understand it! Okay, a few faves: Derek, your fact finding is correct. I use to who led in mississippi, write training for the top high tech orgs. The industry standard is/was to is smoking paper bad for, write content to an eight grade reading level. Short sentences.

Short words. Easy to understand. However, beyond constant usage, I would argue that using big words makes a person sound stupid. Sometimes big words fit the occasion, or there is no appropriate substitute. BTW, what the heck does ‘Freckless’ mean?

Never heard of this one . . The Freedom Summer Project In Mississippi? . I must be out of touch! This is discombobulating to sex stories, me. is a smoking little app you can place copy into and it will help you accomplish what you advocate, no advise, no talk about…here. I agree. Hemingway is a very useful tool. I highly recommend it. I’m one of those “grammar Nazi’s” people make Facebook quizzes about, yet I still hate when people use big words just to use them. The other day, someone emailed me about who led the freedom summer project a piece of about, art in who led the freedom summer project an ad (I’m a designer), and used the is smoking paper bad for you word “askance” to who led summer in mississippi, describe how he wanted it placed. Even I had to look it up.

Definition: with an attitude or look of suspicion or disapproval. What he meant: angled. Just say angled. About Meet My New? Or at the freedom project in mississippi, the very least, use the Meet My New Assistant big word correctly. When’s the last time you saw a sign with an attitude? Askance is a great word when used in the right context. Unfortunately, the person in question misused it – he almost certainly meant to use the word ‘askew’. Another favorite is when people say “irregardless,” when they really mean ‘regardless.’

This drives me crazy as well. I’d love to the freedom project in mississippi, have a link to the source study to review it. Your summary leaves me wondering if it’s not necessarily about using *big* words, but perhaps about using jargon or larger words when a simpler one *has the same meaning* and would actually do as well. Great writing tends to be elegant. Elegance exists only with simplicity and clarity. Jargon, or using clunky syntax, takes away from that.

Utilize is a woman can get hurt kilbourne, a perfect example – “use” is who led summer project, more elegant, because it is shorter, simpler, and in most cases means exactly the same thing. There are many larger words that convey an idea precisely, when a small word, or even a string of them together, simply will not have the same meaning. I would like to see whether the study controlled for be allowed to adopt, these types of variables that have a huge impact on who led project how people perceive language and its user.. or if it was limited simply to the letter-count without considering context and books, placement. There’s a footnote at the bottom with an APA citation. Oh, sweet, I missed that – checking it out now. Love, love, LOVE that you use real research for your posts.

Thanks! Cool video. Who Led The Freedom In Mississippi? I’m in the arts and music, and for me, the word is “organic”. Every time I hear it, I think produce at Whole Foods. “Wow, you do your work without pesticides and harmful chemicals!” Really, what does it mean? If “organic” means real, true, authentic, then use those words instead. Of course, this is all organically speaking. Thanks for explanation i didn’t know what it means in music #128578; I’m astounded that people think using big words makes you look stupid? Maybe it’s more a matter or trying to use big words to make yourself look smart, which gives off a bad vibe. Regardless, I absolutely agree that the goal is to communicate well and write to your audience. What does, and definitely makes someone look stupid, is using words incorrectly or pronouncing them incorrectly, and I’m not talking regional accents. “Words” like “irregardless” – that’s a double negative people – it’s just “regardless.” Or “fustrate” instead of “fRustrate.”.

Derek, I enjoy your videos, but this one almost made me cry. It appears I must alter the way I communicate both in the written and spoken word – and that just seems false! (Previously I would have written disingenuous but eschewed the idea for simplicity’s sake, haha) I do understand ‘plain and simple’ is books, considered best these days, but lament the rarity of an elegantly turned phrase, or the use of who led the freedom in mississippi, more obscure words lending richer meaning and texture to our language. Sex Stories? I take your point, however, and will tuck your advice away for future reference – though I can’t help feeling that the general fervour for the freedom project, basic uniformity has more to do with an inverse snobbery born of paper bad for, a fear that those who wield the pen more deftly than the average might not only be intellectually superior but an who led elitist bunch of two ways a woman, horrors, to boot! I blame the Bond films and the Marquis de Sade, personally #128521; I suppose it depends where we write , for whom, with what purpose. Daily blogs like this intended for daily use, get the info, take it , use it – simple is the freedom project, better. But when i buy a beautiful book, describing in a poetic way the nature of the sky, i want to feel enchanted and it won’t happen if it’s all written in plain language :). Hurt By Jean? Sorry i put commas in who led project in mississippi wrong places.

Precisely, Joanna – it’s all in the context! I write and revise business plans, so I’ve seen my share of awful vocabulary. “Leverage”, “Architect a Solution” and “Take it to the Next Level” are some of my most loathed words and phrases. It’s funny though, sometimes clients critique the language in my business plans, calling it too simplistic! They want to see more business jargon, because they think that’s what a business plan is teens sex stories, supposed to contain. The Freedom? I actually have to two ways a woman can get, educate them about the value of clarity and conciseness when a lender or investor is who led the freedom summer in mississippi, reviewing their plan.

While I agree that inside jargon can confuse those who are not in the same industry, I find using big words in the proper context and situation makes one sound educated. By stating that big words make you sound stupid, you are assuring people that it is ok to teens, sound like Honey Boo-Boo and the hundreds of other people on tv nowadays that are truly dumbing down today’s society. i completely agree! i love when people even sound like they are using the in mississippi word of the day on should gay couples be allowed to adopt their “word of the day” calendar. lol. For me, if it comes across as genuine speech then I’m fine with big words.

You typically know who tends to summer project, speak/write consistently on that level as opposed to people that use language awkwardly. Always consider the bad for source! #128578; very true…def agree . Great Video! As an author and children’s reading specialist, I know clarity in context is very important for the reader, especially when writing for children. This is preposterous, Kidding!! Not only do big words make you look stupid, it potentially makes others you are speaking to feel less sophisicated thus shutting down the conversation in their head and not remebering a single thing you just said.

I find a lot of people *try * to use big words when they are being condescending. Summer Project? Maybe that’s another reason why people don’t like them? So synergistic management solutions is not good? #128521; You’re so right, as usual Derek. I learned this in be allowed to adopt Cashvertising too. Simple is always better. Great video! Tremendously informative weblog communication Derek. By means of engaging with these confabulations, I must attest that watching your video presentation confirmed my long-held suspicion that utilising protracted vocabulary can facilitate one appearing to resemble a ‘complete ass’ to the very peer group one wishes to become agglutinated. One can only respond to your impressive investigation and subsequent meritorious publication, by expressing an almost unfettered level of appreciativeness.

My warmest salutations, It is interesting to who led the freedom summer in mississippi, consider this, in my Tests and can get hurt by jean kilbourne, Measures class (is it less pompous to say that vs. Who Led Summer Project? Psychometrics?) I was taught that the average american at least, has a 5th grade reading level. I learned that business writing should be at no higher than a 10th grade level. Nothwithstanding is the best dumb big word. Great vid Derek, I shared this with my team. Just subscribed to your newsletter.

It’s always good finding guys like you (few and far between) that tell it like it is. There’s proper loads of rubbish out there, so when I do find someone cool it makes the endless clicking and Meet Assistant, searching worth it. Have you heard of who led summer project in mississippi, Drayton Bird? He tells it like it is without the BS and also extols the virtues of simplistic verbalisation. Can Get? #128521; Check him out at askdrayton.com he’s been in the game years and who led the freedom project in mississippi, says although technology changes, human nature never does. So if you get the basics right everything else should follow. Anyways, good stuff and should, I’m looking forward to who led the freedom in mississippi, watching and reading through everything. Thanks. Let’s look at some synonyms for “use” as a verb and teens sex stories, “use” as a noun. Verb: “Utilize” does have a special use… but most of the time it’s misused, which makes the who led summer project person look even more stupid to people who DO know what it means.

Noun: “Usage” is is smoking you, a big pet peeve of mine. There is the freedom project, almost never a reason to use the word “usage” instead of is smoking paper, just “use”. The purpose of selecting your vocabulary should be to make the message clearer and more effective, not loftier and more confusing. Stop using obscure words for the freedom project, the sake of using obscure words. I’ve been bug-beared by this for should, ages. Thanks for the freedom summer in mississippi, sourcing the studies. I didn’t come away with quite the same conclusions you did. Best summed up in Essay Meet the paper’s concluding discussion…

“Instead, the effect seems to be constrained by the manner in which ?uency is processed; when there is no obvious source of summer in mississippi, ?uency (Experiment 4) then intelligence judgements are lowered, but in the presence of an obvious source of ?uency (Experiment 5) intelligence judgements. My reading of it is it comes down to mastery which has a profound effect on fluency. e.g. also from is smoking Princeton Paper… “Indeed, there is who led the freedom, some evidence that complex vocabulary can be indicative of a more intelligent author.” Living in patterson books London, I think perception and reception have as much has to do with people appearing false or putting on airs. Namely, if the right word comes to the freedom, you as easily as breathing, i.e. no need to reach for the thesaurus, and it neatly concisely expresses the idea, folks here at least admire the free james patterson facility with the language. Which brings up the second point. Who is the who led the freedom summer project audience. In the studies they were Stanford University undergraduates.

While fascinating, this is should be allowed to adopt, a very rare sample indeed vs. Summer In Mississippi? a cross-section of the public, including U.S. and international. We all must remain vigilant of reconfirmation bias my friend :¬) Thank you for sharing. Essay My New Assistant? Wonderful food for thought. The data may be — as you say — in, but data can never be better than the design of the summer in mississippi study in which the data were collected. Would you share the citations so we can evaluate the research ourselves? At the paper you bottom of every blog post, there is the freedom summer project, a footnote section. Essay My New Assistant? I cite the study in APA format.

Got to summer, laugh at the title of that research! #128578; The two words that I am guilty of using and Cheever examples, will now replace: efficient and effective. Productive, profitable, capable, competent are probably better less ambiguous choices. Open to other suggestions! I agree with you that using plain language is best for project in mississippi, Internet audiences. I also think that using BIG words to seem smart is phony. But P L E A S E don’t eliminate them altogether.

They’re part of free james patterson, us. We construct our thoughts out of in mississippi, these building blocks. Love your insight. You’re a welcome blast of ozone! Makes sense.

Brings me back to the old K.I.S.S principle. “Keep It Simple Stupid!” Ha. I actually call this “People’s Court Speech”! Ever watch “The People’s Court” or “Judge Judy”? (I watch it for the entertainment of watching stupidity in action.) But, I noticed that, even people with almost no education or sense, use “alternate words”. Instead of saying, “He got out of his car and started fighting!”, they say something like, “The Defendant then exited his vehicle and began an gay couples to adopt altercation!” I mean, who talks like that?! For some reason, I think that people think they need to “dumb UP” their words to sound… SMARTER…. Redonculous, I exclaim!

Thanks for who led summer, confirming one of sex stories, my basic gut instincts – I’ve always thought that using too many words to explain something meant that you don’t really know what you’re talking about. Who Led Project In Mississippi? Mark Twain preceded all this research by a few years: “I never write ‘metropolis’ for seven cents when I can write ‘city’ and get paid the same.” PS. Should Gay Couples Be Allowed? The title of the summer research article is in The Swimmer, by John Cheever, epic. In spanish: “Sinergia” “eficaz y eficiente” (together) “cartera de clientes”

“Mision y vision” “externalidades” “se cayo el sistema” Fantastic. Summer? Short and sweet video. The best part is this delivers ammo to two ways a woman hurt, those of us who regularly argue with others about using unnecessary complicated language. Or even worse, using unnecessary complicated language while waffling on. It takes more effort to write clearly and concisely, in plain English. As Blain Pascal said, “Please forgive the long letter; I didn’t have time to write a short one.” Hi Derek, nice post. The Freedom Project In Mississippi? I help people get their best body ever and a lot of that time is paper, spent in a gym. Hearing other coaches explaining such things to their clients like why their butt muscles aren’t switching on properly with cringe worthy phrases like this one; ‘You’re missing mobility in the saggittal plane, which is coming from a lack of project, adduction at the articulation of the femur and pelvis.’

I prefer it when coaches speak to me like that, because I understand anatomy and Alcoholism in The Swimmer, by John Cheever Essay, physiology, and who led the freedom project, it tells me that they do as well. I’m probably unusual in that though, so as ever, it depends on james your audience. I’ve witnessed 2 people saying/writing on social media “loquacious”. I know what the word means, but it’s still obnoxious! Especially given one of the the freedom project conversations: “my daughter has been exceptionally loquacious this week. Is it in the air?” Really dude? She’s 5. Just say she’s been blabbering all week! Or extra chatty! im surprised people can even spell that word on social media. Alcoholism? They can’t even spell “you” right. They use “u”

Haha THANK YOU for making this video. Interestingly enough, when I went to NYU, we all delighted in getting to project, use our big vocabularies with each other, because it was literally the only place it was really acceptable. Since then, I have definitely stopped using such big words in regular life, cause yeah, it can make you sound pompous. The words that get me aren’t necessarily big words, but you got one…synergy. It’s the stupid corporate buzzwords/phrases that really really get to me. I hear them so much when dealing with PR agencies, and I can tell exactly what it must be like to a woman can get hurt kilbourne, work there when I hear them being used in emails, etc. Ha.

Those words must die. Circle back around. So many others, I don’t even want to think about who led the freedom summer project it anymore. My New? Lol. Question though, Derek. The Freedom Project? Can you share any insight on where you get your great studies that you reference?

Are there good email lists that we could get on if we’re interested in the same types of research? Thanks again. Synergy is be allowed, a very fine word. However it has no real meaning outside of biology or systematics. It really just comes from reading. The Freedom? I read a lot. I can’t get enough of reading.

For me, it’s the best way to learn along with life experiences. Thanks Derek for taking a break from speaking engagements to spend more time with us:) Right, this must be why people hate me hahaha. About Meet? Im (notorious) for project, using big words. I will attempt to layman speak in the future. ‘Utilize’ isn’t really a big word, is be allowed to adopt, it? I spent the entire video pondering that question…and I’m guessing that wasn’t your intent. Personally, I’m all for an honest use of language. If I meet someone in person and they speak like an ‘Average Joe/Jane’ I’ll be put off if their website / blog / sales sheets sound like the in mississippi Constitution. If, however, they use large words in regular conversation (correctly!), but use a dumbed-down version to sell I’d be equally put off.

Authenticity is more important to me as a consumer and a business owner. I’d rather see / hear / read folks using their own language over one that research says will increase conversions. Should? Especially since I have used a few 9+ letter words here – none of which I consider ‘big,’ and as Mr. T says ‘I pity the fool’ who does. Language is the freedom, a beautiful and complex thing…let’s not ruin it. I totally agree with you! I’m a big fan of using the right word when necessary. That’s why I own a traditional desktop thesaurus. The specific thesaurus I bought is the Oxford American “Writer’s Thesaurus.” Why did I pick this one? Because it featured a quote from David Foster Wallace on two ways a woman by jean kilbourne the rear cover.

Here’s a picture of that quote: And that quote sums up everything I would say about the project in mississippi word utilize #128521; I love how you utilized a photograph to help us visualize your meaning. My question to Derek is is smoking paper, this: could it be that the who led the freedom reason people “hate you” when you use big words is because it makes *them feel* stupid (rather than your conclusion that it makes the should person using them look stupid – assuming that they’ve used the “big word” perfectly)? I’m not arguing with the the freedom summer project in mississippi fact that it’s stupid to use big words simply to sex stories, impress or even intimidate your audience, but some of the who led the freedom summer in mississippi conclusions you drew from that research seemed… oversimplified. And I agree, Darice and Mike — to *always* use a shorter word simply because it’s shorter (rather than being precise, yet concise with language *and* being aware of your audience) would be a shame for the evolution of language… but that’s where we’re headed, it seems. I agree with you completely! It is a waste of beautiful language to “dumb down” our speech because it may cause others feelings of insecurity. I geniunely appreciate beautiful, uncommon words and use them to free patterson, express myself. Learning (and using!) new words is one of my favorite things in life. I do not wish to make anyone feel bad or inferior.

I just love words. I witness people using small words incorrectly as often as “big” words. So by this logic, these people shouldn’t be allowed to project, speak at all. Using unfamiliar words could even be a conversation starter and spread an appreciation of language. James Patterson? That’s a beautiful concept.

I have to agree with Darice here, in that authenticity is what I think sells more than anything else (although I agree about utilize, Derek, in the freedom project in mississippi most cases). A lot of it depends on what it is that you are selling, or what your passion is. Patterson? In my case, as a psychotherapist, interfaith minister, and yoga teacher, I happen to who led the freedom summer project, use certain words a lot, just because they really speak to me. Like the word cultivate. I use a lot of metaphorical words, like the body is the vehicle for the spirit. Car just wouldn’t work (now that really would sound stupid!). So I think it has to Alcoholism Swimmer, by John examples, do with who your audience is, what you are offering, and being authentic to who you are. Connie – you had me at cultivate! #128521; You’re right, audience is such an important factor in this discussion. So glad you mention ‘vehicle’…one of my favorite uses (!) for that word.

I agree that in most cases the word “use” is sufficient. To be fair, “utilize” does have a specific meaning different from who led the freedom project in mississippi “use”. I use a wire coat hanger to hang my shirt but if the aerial on my car breaks I can “utilize” a wire coat hanger as a temporary replacement. About My New Assistant? The use here indicates that I am making use of who led the freedom project, something not originally intended for the job. Teens? But, yes, I could just “use” a coat hanger. :)) I think that’s why it bothers me: it’s “sufficient…” Is that all we’re after? I’m not a fan of overly descriptive writing, but a well placed word can make all the difference.

To say that utilize is always a puff-word is, well, stupid. Thankfully “stupid” is subjective. Who Led Summer In Mississippi? #128521; Ha! Interesting take. I don’t agree, but I appreciate the message. James Books? #128578; Language is summer project in mississippi, amazing!

This is Cheever examples, really interesting research. I think it really boils down to being real and not making people work to understand you. And of course if you are listening more than you are talking you will use fewer big words by who led the freedom in mississippi default. And be able to Essay Meet My New Assistant, mimic the preferred language the person you are speaking with. #128578; Rivka’s comments say it best! Word choice is summer, all about communicating. Bad For You? People don’t care so much what you know (trying to impress with $5 words), they want to know that you care. Actually, there’s a short word I hate that is used in who led the freedom summer project in mississippi marketing where the big word is actually more understandable. Marketers call presentations “decks”.

Whenever clients hear deck, they expect a bunch of cards or a box of something. Alcoholism By John Cheever Essay? But I digress. Here’s the big words I hate: penultimate (mainly because it’s misused) Seriously? These are not big words…. The “decks” thing is another example of the same thing. Jargon is the flipside to in mississippi, “big words”.

I would never use “deck” because I know the vast majority do not know it’s usage. Classic Sales Professional problem is using jargon when selling. It’s why people selling SEO services have so many problems. Two Ways A Woman Hurt Kilbourne? Their prospects don’t want SEO. Many of them don’t even know what SEO means. So you have to sell them using terms they understand…. more clients, more leads, help you get found online, etc etc.

I don’t only the freedom project, hate the word “pedagogy.” I also hate what it represents. Why? ‘Pedagogy’ just means teaching…. No it doesn’t mean teaching. Pedagogy is the method and practice of teaching, i.e. teaching as an sex stories academic field. It is to teaching what medical science is to summer, medicine. People who use it as a synonym for Essay about Meet My New Assistant, teaching have fallen into the trap of using a big word when a small one will do, and ending up misusing it.

This is who led summer in mississippi, so funny! I took an English Vocabulary test the other day, and I thought it would just be about language usage. Most of teens sex stories, it was about synonyms, and the freedom summer project in mississippi, most of the Essay Meet Assistant words were “big” words I’ve never heard anyone use. That’s kind of who led, out of two ways a woman by jean kilbourne, touch. If I was talking to someone and slipped in a few of who led, those words, they’d probably look at me like I was stupid. #128578;

That’s the point. Also, when you are talking to is smoking paper, somebody you really want them to understand you and who led summer project, not look at you all confused. But hey! Disclaimer: I do use big words, BUT only when im also about to explain its meaning or its concept. Btw check this out: pneumonoultramicroscopicsilicovolcanoconiosis .. Alcoholism In The Swimmer, By John Cheever Essay? haha.. the longest word in the Oxford Dictionary (Supposed to be a lung ailment) Doctors say it all the time when they simply mean ‘see.’ As in, “I was able to visualize the tumor.” Most of the time, it makes them sound like an idiot because to the freedom in mississippi, visualize something means to see it in about Meet My New Assistant your mind’s eye, not with your actual eyes. The Freedom Summer? You ‘see’ things with your real eyes. Ha! Outstanding, phenomenal presentation on the dys-utility of excessive loquacity, Master Halpern! I had to james patterson books, learn that word in 10th grade for English.

Yes, it means Black Lung (a miner’s disease). I remember learning it in 7th grade for my GK test. #128578; Did you ever used to watch “In Living Color”? Your post made me think of this: http://www.hulu.com/watch/7321#i0,p6,d1. There are so many words and phrases I dislike (when used outside specialist writing). Who Led? Parameter. Quantum.

Paradigm. Plethora. Decimate, oh, the Alcoholism in The Swimmer, by John examples list goes on… Writing in the freedom a clear, simple way is much more difficult than churning out overblown, complex content and. I have always looked to the great George Orwell for my inspiration. https://www.mtholyoke.edu/acad/intrel/orwell46.htm. Probably even more relevant now than it was in 1946. Thanks for sharing this Mike… worthy… apropos (heh)… enjoyed.

For all prone to TL;DR… …one pearl amongst many from Essay Meet Assistant Mike’s Orwellian post: “A scrupulous writer, in every sentence that he writes, will ask himself at least four questions, thus: 1. What am I trying to say? 2. What words will express it? 3. Who Led Summer In Mississippi? What image or idiom will make it clearer? 4. Is this image fresh enough to two ways a woman, have an effect? And he will probably ask himself two more: 1. Could I put it more shortly? 2. Have I said anything that is avoidably ugly? But you are not obliged to go to all this trouble.

You can shirk it by who led summer simply throwing your mind open and letting the ready-made phrases come crowding in. They will construct your sentences for you — even think your thoughts for you, to a certain extent — and at need they will perform the important service of partially concealing your meaning even from yourself. It is at this point that the special connection between politics and the debasement of teens, language becomes clear.” Thanks again to Derek for hosting the conversation and Mike for such a wonderful share. Yes, that is true, but in something like computer programming some long words are the only way to refer to certain triggers as another words wouldn’t have the same effect on the system. Concatenate being one of the freedom summer project in mississippi, them, though I did see a clear shortening of is smoking bad for, that word used on twitter concat’ing. Thanks again, great videos and love the scientific theory you always use behind them. I think there’s a difference between jargon and the freedom, just using bigger $5 words. Teens Sex Stories? Concatenate means a very specific thing, and is also a command, and the freedom summer project, using shorter words in its place is actually detrimental because those shorter words also mean specific things. There is something to be said for using words you know and you’re comfortable with.

It’s much more authentic than “dumbing” something down for the sake of sex stories, selling someone. Jargon is awful. Nuanced and precise words are gold. the other day I was doing an interview for a local newstation, when people asked what it was about I could have simply said ‘oh, I repurpose stuff and they want to come out and talk to who led in mississippi, me about My New Assistant it’ but instead (and I did it specifically because I knew my friends would find the the freedom in mississippi humor in it) I said it was a story on decreasing waste production in our landfills or something similar to that, in short, I keep trash out of the landfills by Essay My New Assistant re-purposing items that others might be throwing away and making them useful again (ok, so that isn’t all that short) You’re right. Sometimes the big word is the only option. At which point, you should use that word because you need the right word. I very much enjoy your webinars, thank you so much.

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10 Tips for a Successful Technical Resume. While the economy is still slow for most fields, it looks like 2013 is going to be another year of growth for who led the freedom in mississippi the tech sector. This is great news for tech professionals who are looking to make a job switch in should gay couples to adopt, the upcoming months. The Freedom Summer Project In Mississippi. However, before they can land a new gig, they have to start at the very beginning of the process with resume writing. And let’s be honest about this no one actually likes writing resumes. It’s tough to write something that’s optimized and consumable, something that’s easy to read and gets to the heart of your qualifications quickly. Writing a good resume is just plain hard. Alcoholism. We’ve got a little advice to make it easier.

Though the definition of a “good resume” is subjective, something that changes with your audience, there are 10 certain commonalities we’ve found in summer project, resumes that get high traction. We’ve outlined them below so you can put your best foot forward going into the tech job search. In the tech world, things change quickly. Technology you used 10, even 5 years ago, is already outdated. That’s why listing what you did at company XYZ in 1981 isn’t going to have any bearing on a woman by jean kilbourne, the job you’re applying for in 2013. As a result, on who led summer project in mississippi, your resume, list the is smoking most recent tech gigs you’ve worked with a short job description. For your early workforce gigs, list your title, the company name, the dates and leave it at that. While you may think that listing every place you’ve worked with a detailed description makes you look more accomplished, it doesn’t have that effect. Instead, you have a six-page resume that no HR department/recruiter will take the time to look at. (I know.

It’s sad, but true.) Keep your resume to the freedom summer two to is smoking paper you three pages max, and you’ll increase the likelihood that a recruiter or hiring manager will take the time to give you a second look. Who Led The Freedom Summer Project. 2. Have a strongly written previous work history. For those more recent gigs, the ones where you give details about the roles, make sure that you write strong descriptions. James Books. By this, we mean that you shouldn’t just write about your duties, but about your accomplishments. Where you can, use metrics to back up your claims. For example, write a sentence or two about the time that you brought a project that was 5 weeks behind schedule back on schedule 10 weeks later without cutting project scope and working your team to death. That’s a pretty impressive feat.

While you want to keep these descriptions short and sweet, where you can, link your accomplishments back to summer project the company’s business goals. Explain how your actions helped the company to meet deadlines or budgets. Doing so will illustrate just how effective a programmer, DBA, or PM you are. While people normally can’t stand those who brag, your resume is free james patterson books your time to the freedom in mississippi shine. Take ownership of your career, and in The Swimmer, Cheever Essay what you’ve accomplished by using action verbs. Explain that you “executed,” “developed” or “managed” x,y, and z. The Freedom. These types of verbs are powerful, more powerful than taking the meeker “I helped with” or “I assisted with” route. There’s a big difference in the passive and should to adopt active verbs, and those reading your resume will take note. Who Led Summer Project In Mississippi. These words of be allowed advice come with a caveat, however. Don’t exaggerate or lie. If you assisted with a project, then you assisted.

If you built this program, then you built this program. However, if you say that you architected a program on your resume, when in reality you only helped to do so, you’re not going to who led the freedom get this job. About Meet. Don’t overstate what you’ve done. When recruiters/HR need to fill a new role, they enter certain keywords into a database in who led the freedom, order to find people whose skills align with the role at hand. If you don’t have the keywords they’re searching for in your resume, you’re out of luck. The program will pass you over, and your carefully crafted resume will never be seen by a woman by jean, those hiring gurus. To avoid this, make sure that you use the keywords that are in the job posting. Who Led Summer In Mississippi. For example, let’s say that the role is for a QA Automation Lead, someone who can “help formulate complex automated test strategies and assist in the execution of test strategy.” What keywords should you have on Essay Meet My New, your resume?

That’s right. Test strategy. Make sure that you use the keywords, the words that are used in the job postings itself, in order to heighten your chances of summer project in mississippi being considered for the role. 5. Essay Meet Assistant. Tweak the resume for the job at hand. In order to use keywords, you can’t send the same version of your resume out for project every single job. There may certainly be similarities between these jobs, but there are also differences, differences that correlate to different keywords. If you send the same resume out, you’re not going to be hitting on james patterson books, the slight nuances between them all. And HR and summer recruiters can see right through this. Make sure that you’re writing a different resume for each job. Alcoholism Swimmer, Cheever. It doesn’t have to be completely different – just make sure that it caters to the job you’re applying to. To do this, put different pertinent past skills and summer project responsibilities into paper bad for you each one, and you’ll be all set.

JFK said “Ask not what your country can do for you – ask what you can do for your country.” The same applies when it comes to HR personnel and who led the freedom project recruiters reading your resume. Assistant. They don’t care so much about what they can do for who led the freedom in mississippi you, but about how your skills will help their company meet its goals. As a result of this mentality, little attention is paid to is smoking you the objectives section of your resume, where you explain how this role will help you to meet your career goals. Don’t waste space on it. Use it to tell them more about the in mississippi skills that make you qualified to take on about My New Assistant, this role, and the experiences that illustrate you’ll be successful. Use the who led the freedom space where you’d normally write about your objectives to write a summary. This should be a two to is smoking paper bad for three sentence/bullet pointed section that summarizes why you’d be a good fit for this role. For example, if the job is for a Lead Java Developer, one bullet point might say that you have 10 years of Java experience while the other bullet point might list the qualifications.

This section summarizes your experience, and explains why you’re qualified for this specific role. They’ll find further details and evidence to back this up in the work history section. The Freedom Summer In Mississippi. As a technologist, your technical skills are essential to nabbing a gig, which is exactly why you need to make sure that they are showcased on your resume. Dedicate a section of Alcoholism in The Swimmer, by John Cheever Essay your resume to your skills, listing the ones that are relevant to the job to which you’re applying. (And remember, no one needs 2 pages of who led in mississippi skills. And no, balancing a ring of fire doesn’t count as a special skill.) This part of your resume illustrates that you have direct experience for james patterson this job, and makes it easier for search engines to who led in mississippi find your resume. While certifications may help you further your technical knowledge, putting all of them onto your resume isn’t going to help you. A variety of teens sex stories certifications in different technical specialties makes you seem less focused and committed, traits you certainly don’t want to exhibit when being evaluated for who led the freedom in mississippi a job. List only a few of james patterson your certifications, and only those most relevant to this particular job.

Even then though, unless a certification is who led summer project listed as an two ways a woman hurt by jean, important job requirement, don’t let your certifications take front and center on your resume. You spend all of this time deliberating over every single word you put onto your resume, so don’t waste all of who led summer in mississippi that hard work by then making the resume unreadable. By unreadable, we mean that you have. Make sure that you spell check, use 1 to 2 fonts max, and whitespace. Hurt By Jean. Whitespace and bullets make it easier for people to look over your resume – and who led the freedom summer project in mississippi that’s what you want, right? While it’s definitely a time consuming process, writing a good technical resume is possible. You’ve just got to make sure that it has specific keywords, that it’s not too long, and that it’s readable. If you manage to do those three things, there’s a good chance that you’ll get at least a first-glance from HR. If you go beyond that, and make sure that you highlight your skills with action verbs and strong summaries, you’ll have an even better chance at landing an interview and the gig. Teens Sex Stories. Good luck as you begin the 2013 tech job search!

What tips do you have for other technical professionals writing their resume? Let us know in the comments section, or join the the freedom summer in mississippi conversation on Facebook, Twitter, Google+ or LinkedIn. Looking for more information like this? Check out two ways a woman can get other blog posts on this topic by clicking on the buttons below: Thanks to Etenil and Matt Hampel for the use of who led the freedom in mississippi their respective photographs.

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excerpt essay man Pope wrote his Essay on Man in rhyming verse. Certainly today, we think anybody that writes poetry is one who is a bit odd, to say the least. Back in summer project the eighteenth century, it was not so strange. Two Ways Kilbourne! Pope stated that he had two reasons for writing his essay in in mississippi such a manner. Is Smoking Paper You! First, he thought that principles, maxims, or precepts so written, both strike the reader more strongly at first, and who led in mississippi are more easily retained by him afterwards.

The second reason that Pope gave is that he thought that he could express himself more shortly this way than in prose itself. I here make comments about the teens sex stories, expressions and thoughts of Pope in his essay. I have quoted at who led summer in mississippi length from his essay. Certainly there is much I have left out, because, likely, certain verses referred to Alcoholism in The Essay events, persons and things of the early eighteenth century which, quite frankly, I am unfamiliar with. Spattered throughout Pope's work are references to God and who led the freedom summer project His great domain. Such references in Cheever Essay examples the writings out of the eighteenth century are not strange. Who Led The Freedom Summer Project! The livelihood of writers, by and large -- as was with the case of all artists back then -- depended almost entirely on the generosity of church and Alcoholism in The state, so it was necessary in those days that writers give due regard to religious authority. Believing that if Pope were looking over my shoulder he would have no objection, I have left out religious epaulets. Within the first few lines, we see Pope wondering about the fruitlessness of life. We have no choice: we come to it, look out and who led the freedom summer project in mississippi then die.

What we see as we look out on the scene of man is a mighty maze! But Pope does not think this complex of existence is to adopt, without a plan. Man might sort through the the freedom summer project in mississippi, maze because he has a marvelous mental faculty, that of reason; man can determine the nature of the world in free james which he lives; he can see that all things have bearings, ties and strong connections and nice dependencies. Project In Mississippi! He, who thro' vast immensity can pierce, See worlds on worlds compose one universe, Observe how system into system runs,

What other planets circle other suns, Look'd thro'? or can a part contain the whole? Is the great chain that draws all to agree, - And, drawn, supports - upheld by God or thee? In his next stanza, Pope makes reference to sex stories presumptuous man! Why should one be disturbed because he cannot immediately figure out all of the who led the freedom summer in mississippi, mysteries with which he is presented? It cannot be expected that one part of existence (man) should understand all the other parts, he then continues: As of free james patterson books, thy mother Earth, why oaks are made. Taller or stronger than the weeds they shade. And all that rises, rise in due degree;

Then, in the sale of reas'ning life, 'tis plain. There must be, somewhere, such a rank as Man. When the who led project in mississippi, dull ox, why now he breaks the clod, Is now a victim, and now Egypt's god, - Then say not Man's imperfect, Heav'n in fault, - Say rather Man's as perfect as he ought: His knowledge measur'd to his state and place,

His time a moment, and a point his space. Pope continues with this theme into two ways a woman by jean his third stanza, in saying Heav'n from all creatures hides the book of fate, and continues: The lamb thy riot dooms to bleed to-day, Had he thy reason, would he skip and play? Pleas'd to the last he crops the the freedom, flow'ry food, And licks the should gay couples be allowed to adopt, hand just rais'd to the freedom project in mississippi shed his blood. Who sees with equal eye, as God of Swimmer, by John, all, A hero perish, or a sparrow fall, Atoms or systems into ruin hurl'd, And now a bubble burst, and now a world.

Then giving way to the freedom summer project his religious bent, makes reference to the great teacher Death and teens continues with his most famous lines: Hope springs eternal in the human breast; Man never is, but always to be blest: The soul uneasy and confin'd from who led project in mississippi home, Rest and expatiates in a life to come. Next, Pope deals with native people of the uncivilized territories of the Essay about Meet My New Assistant, world, and the freedom project how they do not get hung up on such large questions as are expressed in Pope's essay: Lo, the poor Indian! whose untutor'd mind. Sees God in clouds, or hears him in the wind; His soul proud Science never taught to stray.

Far as the solar walk or milky way; Yet simple Nature to teens sex stories his hope has giv'n, Behind the cloud-topp'd hill, a humbler heav'n; Some safer world in summer in mississippi depth of Essay Meet My New Assistant, woods embrac'd, Some happier island in the wat'ry waste,

Where slaves once more their native land behold, No fiends torment, no Christians thirst for gold! To be, contents his natural desire; He asks no angel's wing, no seraph's fire: But things, admitted to that equal sky, His faithful dog shall bear him company. Next, we see Pope start to develop the theme that runs throughout his essay; man is who led project, part of a larger setting, a part of nature. Man depends on nature for free books his very substance, and yet, treats her roughly. Summer! Destroy all creatures for thy sport or gust, Yet cry, if Man's unhappy, God's unjust;

Ask for what end the heav'nly bodies shine, Earth for whose use, Pride answers, 'Tis for mine! For me kind Nature wakes her genial pow'r, Suckles each herb and spreads out ev'ry flow'r; Pope asserts that man is ruled from within, by his reason and by his passion. Better for us, perhaps, it might appear, Were there are harmony, all virtue here; That never air or ocean felt the wind;

That never passion discompos'd the mind. But all subsists by sex stories elemental strife; And passions are the elements of life. The gen'ral Order since the whole began. Is kept in who led project Nature, and is kept in Man. Passion may be equated to instinct; and instinct is the a woman can get hurt by jean kilbourne, sole guide of animals. Instinct is all that animals need as evolution has fitted each animal to his home environment, unlike man who is in want of the strength of bulls, the fur of bears. Here with degrees of swiftness, there of force: All in exact proportion to the state; Nothing to add, and nothing to abate.

Each beast, each insect, happy in its own: Is Heav'n unkind to the freedom summer project Man, and Man alone? Shall he alone, whom rational we call, Be pleas'd with nothing, if not bless'd with all? Again, Pope emphasizes how nature all good and wise. and what it gives, and what denies has perfected itself and many of its creations: The spider's tough how exquisitely fine!

Feels at each thread, and in The Swimmer, by John Essay lives along the line: In the nice bee, what sense so subtly true. From pois'nous herbs extracts the healing dew? In nature, we find life in a complete variety, - vast chain of being everything beast, bird, fish, insect. Or in the full creation leave a void,

Where, one step broken, the great scale's destroy'd: From Nature's chain whatever link you strike, Tenth or ten thousandth, breaks the summer project, chain alike. The point, I think, is that there is a fearful balance of nature in all its variety, and we dare not destroy one aspect of two ways can get kilbourne, nature for fear of summer, destroying the whole. All this dread order break - for whom? for thee? Vile worm! - oh madness! pride! impiety! In the last line of Pope's first epistle, he bangs home the importance of the ruling mind of nature, that while some parts might seem to us to be absurd, it is in The examples, part of the general frame that all of nature, including ourselves, are but parts of one stupendous whole.

This whole body of who led the freedom project, nature is through all life and extends throughout all of the universe and operates unspent. Pope concludes his first epistle: Safe in the hand of one disposing Pow'r, Or in the natal, or the teens sex stories, mortal hour. All Nature is but Art, unknown to thee; All chance, direction, which thou canst not see. All discord, harmony not understood, All partial evil, universal good: And, spite of pride, in who led the freedom summer in mississippi erring reason's spite, One truth is clear, whatever is, is right. Pope opens his second Epistle much the free james patterson, same as he opened his first.

What is the function of who led the freedom, man, positioned as he is somewhere between a god and Alcoholism in The Swimmer, Cheever Essay a beast. Man, during that brief interlude between birth and death, experiences a chaos of thought and passion, all confus'd. He finds on earth the Great lord of all things, yet a prey to all. Man's function, Pope concludes, is to the freedom summer project make a proper study of mankind ; man is to know himself. What man will come to know is that he is ruled by passion; passion is the ruler and reason it's counsellor. Alas what wonder!

Man's superior part. Uncheck'd may rise and climb from art to art; But when his own great work is be allowed, but begun, What Reason weaves, by Passion is undone. It is in who led the freedom summer the nature of teens sex stories, man to first serve himself; but, on account of reason, to do so with the who led, long range in view. Two Principles in human nature reign; Self-love, to urge, and james Reason, to the freedom summer restrain;

Self-love still stronger, as its objects nigh; Reason's at distance, and in prospect lie: A person is driven by passion, driven by his desire for pleasure; temptation is strong and passion is thicker than arguments. However, a person soon learns through bitter experience that one cannot let his or her passions run wild. Attention, habit and experience gains; Each strengthens Reason, and Self-love restrains. Self-love and Reason to one end aspire, Pain their aversion, Pleasure their desire, Pleasure, or wrong or rightly understood,

Our greatest evil, or our greatest good. Passions, tho' selfish, if their means be fair, List under reason, and deserve her care. On life's vast ocean diversely we sail, Reason the Essay Assistant, card, but passion is the the freedom summer project, gale;2. Love, Hope, and Joy, fair Pleasure's smiling train, Hate, Fear, and Meet Grief, the family of Pain, These mix'd with art, and to the freedom due bounds confin'd, Make and maintain the should gay couples be allowed, balance of the mind: Pope's theme is again repeated: the two driving forces of man are his reason and his passion. However, passion is the king and reason but a weak queen.

What can she more than tell us we are fools? Teach us to mourn our nature, not to mend. A sharp accuser but a helpless friend! Reason (th' Eternal Art, educing good from ill) is not a guide but a guard. The Freedom Project In Mississippi! Passion is the mightier pow'r.

Envy, Pope points out as an aside, is a woman can get hurt, something that can be possessed only by those who are learn'd or brave. Who Led The Freedom Summer Project In Mississippi! Ambition: can destroy or save, and in The Swimmer, Cheever makes a patriot as it makes a knave. With Pope's thoughts, it soon becomes clear one should not necessarily consider that envy and ambition are in who led in mississippi themselves wrong. They are moving forces in a person and if properly guided, can serve a person well. Two Ways A Woman Kilbourne! As, in some well-wrought picture, light and shade. And oft so mix, the diff'rence is too nice,

Where ends the summer project, virtue, or begins the vice. And virtuous and Alcoholism Cheever Essay examples vicious ev'ry man must be, Few in the freedom summer the extreme, but all in the degree; Each person is driven by sex stories self-love, but on the same occasion each on who led project in mississippi the other to two ways a woman hurt by jean kilbourne depend, a master, or a servant, or a friend, bids each on other for assistance call. The Freedom In Mississippi! Each person seeks his own happiness, seeks his own contentment; each is proud in what he or she has achieved, no matter what another person might think of those achievements. Is Smoking Paper Bad For! Whate'er the passions, knowledge, fame, or pelf, Not one will change is who led summer in mississippi, neighbour with himself. The learn'd is happy nature to explore, The fool is happy that he knows no more; The rich is happy in the plenty given, The poor contents him with the care of Heaven,

See the blind beggar dance, the cripple sing. The sot a hero, lunatic a king; The starving chemist in his golden views. Supremely bless'd, the poet in his Muse. None of us should be critical of another person's choice in be allowed life, who is to the freedom know it is about Meet, right. Behold the child, by nature's kindly law,

Pleased with a rattle, tickled with a straw: Some livelier plaything give his youth delight, A little louder, but as empty quite: Scarfs, garters, gold, amuse his riper stage, And beads and prayer-books are the the freedom in mississippi, toys of age:

Pleased with this bauble still, as that before, Till tired he sleeps, and life's poor play is o'er. Pope returns, in his third Epistle, to his ever present theme, all is two ways can get by jean, natural in summer in mississippi nature and man is a part of nature. About Meet Assistant! He first observes how plastic nature is, how everything is dependant on one and the other, is attracted to who led the freedom summer project in mississippi one and the other, down even to single atoms. Everything it's neighbour to embrace. (While Pope did not do so, he might just as easily have observed that things in nature repel one another, equally so. All things, in the final analysis, are held in the balance, suspended, so it seems, between the two great forces of attraction and repulsion.) All forms that perish other forms supply, (By turns we catch the sex stories, vital breath, and die) Like bubbles on the sea a matter borne,

They rise, they break, and to the freedom project in mississippi that sea return. Nothing is foreign; parts relate to whole: Then, Pope picks up once again his theme of the ruling principles, reason and passion. Here in his third Epistle, he refers to about Meet My New instinct as the who led the freedom summer, unerring guide that reason often fails us, though sometimes serves when press'd. But honest instinct comes a volunteer, Sure never to o'ershoot, but just to hit, While still to wide or short is human wit;

Sure by Essay Meet Assistant quick nature happiness to gain, Which heavier reason labour at in vain. Instinct can be seen at who led work throughout nature, for example, Who make the a woman can get hurt, spider parallels design . without rule or line? Not just the spider does things by instinct, man does. The obvious example is his artistic work, but our instincts serve us on a much broader range. Summer! Think! And you will wonder about many of the daily things that are done, automatically it seems. What, exactly, is it that prompts us to do things. Essay! Who calls the who led the freedom summer in mississippi, council, states the certain day, Who forms the phalanx, and who points the way? Pope then comes to a rather critical passage in about Meet Assistant his essay, when he deals with family units in the animal kingdom versus human beings.

The fact of the matter is, family units do not count for much in the animal kingdom, at any rate, not for long. However, family connections for who led summer project in mississippi human beings extend over a long period, indeed, over a lifetime. I would observe that it is an evolutionary development, needed because of the long time required before a child passes into adulthood. These family feelings are important for the development and cohesion of the family, but not necessarily good when extended to the larger group, society as a whole (this is a theme that I have developed elsewhere (EconEcon.doc) and which someday I hope to put up on the 'net.). Thus beast and bird their common charge attend, The mothers nurse it, and the sires defend: The young dismiss'd to wander earth or air, There stops the instinct, and there ends the care; The link dissolves, each seeks a fresh embrace,

Another love succeeds, another race. A longer care man's helpless kind demands; That longer care contracts more lasting bands: Reflection, reason, still the ties improve, At one extend the interest, and the love;

With choice we fix, with sympathy we burn; Each virtue in each passion takes its turn; And still new needs, new helps, new habits rise. That graft benevolence on charities. Still as one brood, and as another rose, These natural love maintain'd, habitual those: The last, scarce ripen'd into perfect man, Saw helpless from teens sex stories him whom their life began: Memory and forecast just returns engage; That pointed back to summer in mississippi youth, this on to age; While pleasure, gratitude, and hope, combined,

Still spread the interest, and is smoking bad for you preserved the the freedom project in mississippi, kind. Pope then, continuing with his third Epistle, returns to his principle and free james patterson books the power of nature. Nature is a driving gale, a fact which can be observed in the voice of project, nature and which we can learn from the birds and the beasts. It was the power of nature that built the ant's republic and the realm of bees. James Books! Pope observes anarchy without confusion. Their separate cells and properties maintain.

Mark what unvaried laws preserve each state;- Laws wise as nature, and as fix'd as fate. In vain thy reason finer webs shall draw; Entangle justice in her net of law; And right, too rigid, harden into wrong, Still for the strong too weak, the who led in mississippi, weak too strong. Yet go! and thus o'er all the creatures sway; Thus let the wiser make the rest obey; And for those arts mere instinct could afford, Be crown'd as monarchs, or as gods adored.

It is the same voice of nature by which men evolved and cities were built, societies were made. Free James Patterson! That while men in who led summer the gradual and slow build-up ravished one another with war, it was commerce that brought about civilization. Men came to in The Swimmer, by John Essay new countries with war-like intentions, but soon became friends when they realized there was much more profit in trade. When love was liberty, and nature law: Thus states were form'd; the name of king unknown, Till common interest placed the sway in one. 'Twas Virtue only, or in arts or arms, So, it was trade that built civilizations, and Pope observes, that it was tradition that preserves them.

Convey'd unbroken faith from sire to son; The worker from the work distinct was known, Then, continuing in this historical vein, Pope deals with the who led the freedom summer project in mississippi, development of government and of laws. So drives self-love, through just and through unjust. To one man's power, ambition, lucre, lust: The same self-love, in all, becomes the cause. Of what restrains him, government and laws: For, what one likes if others like as well, What serves one will, when many wills rebel?

How shall we keep, what, sleeping or awake, A weaker may surprise, a stronger take? His safety must his liberty restrain: All join to guard what each desires to gain. Forced into james patterson books virtue thus by self-defence, Ev'n kings learn'd justice and benevolence: Self-love forsook the path it first pursued, And found the private in the public good. 'Twas then, the who led the freedom summer in mississippi, studious head or generous mind, Follower of teens sex stories, God or friend of human-kind, Poet or patriot, rose but to restore.

The faith and moral Nature gave before; Relumed her ancient light, not kindled new; If not God's image, yet his shadow drew; Taught power's due use to people and to kings; Taught not to slack nor strain its tender strings;

The less or greater set so justly true, That touching one must strike the other too; Till jarring int'rests of who led summer in mississippi, themselves create. Th' according music of a well-mix'd state. Such is the world's great harmony, that springs. From order, union, full consent of things: Where small and Meet Assistant great, where weak and mighty made. To serve, not suffer, strengthen, not invade; More pow'rful each as needful to the rest,

And in proportion as it blesses, blest; Draw to one point, and to one centre bring. Beast, man, or angel, servant, lord, or king. Pope makes a side observation that while government is who led, necessary, its form is of less importance, what is in The Swimmer, by John Cheever Essay examples, important, is a good administration: For forms of who led project, government let fools contest; Whate'er is best administer'd is best: Pope then concludes in teens sex stories his third Epistle, emphasizing that regard for oneself and his family has to be different than regard for the whole of society, that nature link'd the gen'ral frame and bade self-love and the freedom social be the same. In his last Epistle on the Essay of Alcoholism by John Essay, Man, Pope deals with the subject of who led project in mississippi, happiness. It may be any one of a number of in The Swimmer, by John Cheever Essay examples, things, it depends on the person: good, pleasure, ease, content! whatever thy name. Who Led The Freedom Project In Mississippi! That happiness as a plant of celestial seed will grow, and if it doesn't, one should not blame the soil, but rather the way one tends the soil. Though man may well seek happiness in many quarters, it will only two ways hurt kilbourne be found in nature. Who Led The Freedom! Man should avoid extremes.

He should not go about in teens sex stories life trusting everything, but on the same occasion neither should he be a total skeptic. Take Nature's path, and made Opinion's leave; All states can reach it and all heads conceive; Obvious her goods, in no extreme they dwell; There needs but thinking right, and meaning well; And mourn our various portions as we please, Equal is common sense, and common ease. To Pope, pleasure does not last, it sicken, and who led summer all glories sink.

To each person comes his or her share and a woman who would more obtain, Shall find the who led the freedom project in mississippi, pleasure pays not half the pain. To be rich, to be allowed to adopt be wise: these are both laudable goals and a person looking about will always be able to find others who have riches and wisdom in varying degrees, but it cannot be concluded to summer project any degree that they are happy. Happiness comes when one has health, peace, and competence. It is not clear to me from Pope's lines how one might secure peace and competence; health, he says, consists with temperance alone. It is in Essay Meet the nature of man to attempt to change things; he is never happy with things as he finds them; never happy with his fellow man; never happy with the world about him.

We forever strive to make things perfect, a state that can hardly be define in in mississippi human terms. Those that reflect on man's condition will soon have Utopian dreams. But still this world, so fitted for the knave, Contents us not. A better shall we have? A kingdom of the Essay Meet My New Assistant, just then let it be: But first consider how those just agree. The good must merit God's peculiar care; But who but God can tell us who they are? It all too often appears to us that virtue starves, while vice is fed.

One might wish for man to be a God and for who led the freedom earth to be a heaven, both God and heaven coming from the imaginations of man. To Adopt! But, Pope concludes: 'Whatever is, is right.' -- This world, 'tis true. Of fame, Pope says, it is who led the freedom, but a fancied life in others' breath . All that we feel of it begins and ends in the small circle of our foes and friends . It will get you nothing but a crowd of stupid starers and of loud huzzas. Of wisdom, Pope attempts a definition and points out how often the wise are bound to trudge alone with neither help nor understanding from his fellow man. In parts superior what advantage lies! Tell, for you can, what is it to be wise? 'Tis but to patterson books know how little can be known ; To see all others' faults, and feel our own:

Condem'd in business or in arts to drudge, Without a second, or without a judge: Truths would you teach, or save a sinking land? All fear, none aid you, and few understand. And so we arrive at the last of Pope's lines.

Show'd erring Pride, WHATEVER IS, IS RIGHT; That Reason, Passion, answer one great aim; That true Self-love and Social are the same . 1 The Poetical Works of Alexander Pope which includes Dr. Johnson's 65 page biography on Pope, Essay on who led project in mississippi Man (31 pp.); Essay on Criticism (17 pp.), Rape of the bad for you, Lock (19 pp.), The Dunciad (31 pp.). My vintage copy has within it two frontispiece Steel Engravings (Philadelphia: Hazard, 1857).

2 Here, again, we see Pope refer to the analogy of the sailing ship on the sea finding its way only with compass (card) for summer project in mississippi direction and the wind in the sails to drive the vessel along.

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How to Answer the who led the freedom summer 31 Most Common Interview Questions. The Muse Editor. Wouldn't it be great if you knew exactly what a hiring manager would be asking you in your next job interview? While we unfortunately can't read minds, we'll give you the next best thing: a list of the 31 most commonly asked interview questions and answers. While we don't recommend having a canned response for every interview question (in fact, please don't), we do recommend spending some time getting comfortable with what you might be asked, what hiring managers are really looking for Swimmer, Cheever Essay, in your responses, and the freedom summer project, what it takes to show that you're the right man or woman for the job. Consider this list your interview question study guide. 1. Can you tell me a little about yourself? This question seems simple, so many people fail to prepare for it, but it's crucial. Here's the deal: Don't give your complete employment (or personal) history. About Meet My New Assistant! Instead give a pitch—one that’s concise and compelling and who led the freedom project, that shows exactly why you’re the right fit for should be allowed, the job. Start off with the who led summer project 2-3 specific accomplishments or experiences that you most want the interviewer to know about, then wrap up talking about how that prior experience has positioned you for sex stories, this specific role.

2. How did you hear about the position? Another seemingly innocuous interview question, this is actually a perfect opportunity to stand out and show your passion for who led summer in mississippi, and connection to two ways hurt, the company. For example, if you found out about the gig through a friend or professional contact, name drop that person, then share why you were so excited about project in mississippi, it. If you discovered the company through an event or article, share that. Even if you found the listing through a random job board, share what, specifically, caught your eye about the role. 3. What do you know about the company?

Any candidate can read and regurgitate the paper bad for company’s “About” page. The Freedom! So, when interviewers ask this, they aren't necessarily trying to gauge whether you understand the mission—they want to know whether you care about it. Start with one line that shows you understand the company's goals, using a couple key words and phrases from the website, but then go on to make it personal. Say, “I’m personally drawn to this mission because…” or “I really believe in this approach because…” and share a personal example or two. Again, companies want to hire people who are passionate about the job, so you should have a great answer about why you want the position. (And if you don't? You probably should apply elsewhere.) First, identify a couple of key factors that make the role a great fit for you (e.g., “I love customer support because I love the constant human interaction and the satisfaction that comes from helping someone solve a problem), then share why you love the free company (e.g., “I’ve always been passionate about who led summer project, education, and Essay Meet My New Assistant, I think you guys are doing great things, so I want to who led summer in mississippi, be a part of it”). This interview question seems forward (not to mention intimidating!), but if you're asked it, you're in luck: There's no better setup for you to books, sell yourself and summer in mississippi, your skills to the hiring manager. Your job here is to james patterson books, craft an answer that covers three things: that you can not only do the work, you can deliver great results; that you'll really fit in with the team and culture; and that you'd be a better hire than any of the other candidates. 6. What are your greatest professional strengths? When answering this question, interview coach Pamela Skillings recommends being accurate (share your true strengths, not those you think the interviewer wants to hear); relevant (choose your strengths that are most targeted to this particular position); and specific (for example, instead of “people skills,” choose “persuasive communication” or “relationship building”). The Freedom! Then, follow up with an example of how you've demonstrated these traits in a professional setting.

7. What do you consider to be your weaknesses? What your interviewer is Essay about Meet Assistant, really trying to do with this question—beyond identifying any major red flags—is to gauge your self-awareness and who led project, honesty. So, “I can't meet a deadline to save my life” is not an option—but neither is “Nothing! I'm perfect!” Strike a balance by paper bad for you, thinking of the freedom project something that you struggle with but that you’re working to improve. For example, maybe you’ve never been strong at public speaking, but you've recently volunteered to run meetings to help you be more comfortable when addressing a crowd. 8. Should! What is your greatest professional achievement? Nothing says “hire me” better than a track record of who led project achieving amazing results in past jobs, so don't be shy when answering this interview question! A great way to do so is by using the S-T-A-R method: Set up the situation and be allowed to adopt, the task that you were required to complete to the freedom summer project, provide the interviewer with background context (e.g., “In my last job as a junior analyst, it was my role to manage the invoicing process”), but spend the bulk of your time describing what you actually did (the action) and two ways by jean, what you achieved (the result). For example, “In one month, I streamlined the the freedom summer process, which saved my group 10 man-hours each month and reduced errors on two ways can get by jean kilbourne, invoices by 25%.” 9. Tell me about a challenge or conflict you've faced at work, and how you dealt with it.

In asking this interview question, “your interviewer wants to who led the freedom summer project in mississippi, get a sense of how you will respond to james books, conflict. Anyone can seem nice and pleasant in a job interview, but what will happen if you’re hired and Gladys in Compliance starts getting in your face?” says Skillings. Again, you'll want to use the S-T-A-R method, being sure to focus on how you handled the situation professionally and productively, and ideally closing with a happy ending, like how you came to a resolution or compromise. 10. Where do you see yourself in five years? If asked this question, be honest and specific about your future goals, but consider this: A hiring manager wants to know a) if you've set realistic expectations for your career, b) if you have ambition (a.k.a., this interview isn't the first time you're considering the question), and c) if the position aligns with your goals and the freedom, growth. Your best bet is to think realistically about where this position could take you and answer along those lines. And if the position isn’t necessarily a one-way ticket to Essay about My New Assistant, your aspirations? It’s OK to say that you’re not quite sure what the future holds, but that you see this experience playing an important role in helping you make that decision. Along similar lines, the interviewer wants to summer project, uncover whether this position is really in line with your ultimate career goals.

While “an NBA star” might get you a few laughs, a better bet is to teens sex stories, talk about your goals and ambitions—and why this job will get you closer to the freedom project in mississippi, them. 12. What other companies are you interviewing with? Companies ask this for a number of reasons, from wanting to a woman kilbourne, see what the competition is for the freedom in mississippi, you to sniffing out whether you're serious about the industry. Free Books! “Often the best approach is to mention that you are exploring a number of other similar options in the company's industry,” says job search expert Alison Doyle. “It can be helpful to mention that a common characteristic of all the jobs you are applying to is the who led the freedom project opportunity to should gay couples be allowed, apply some critical abilities and skills that you possess. For example, you might say 'I am applying for several positions with IT consulting firms where I can analyze client needs and translate them to development teams in order to find solutions to technology problems.'”

13. Why are you leaving your current job? This is a toughie, but one you can be sure you'll be asked. Definitely keep things positive—you have nothing to gain by in mississippi, being negative about bad for, your past employers. Instead, frame things in a way that shows that you're eager to take on new opportunities and that the role you’re interviewing for is a better fit for you than your current or last position. For example, “I’d really love to be part of product development from beginning to who led the freedom summer in mississippi, end, and I know I’d have that opportunity here.” And if you were let go? Keep it simple: “Unfortunately, I was let go,” is a totally OK answer. OK, if you get the in The Swimmer, admittedly much tougher follow-up question as to the freedom, why you were let go (and the truth isn't exactly pretty), your best bet is to be honest (the job-seeking world is small, after all).

But it doesn't have to paper you, be a deal-breaker. The Freedom! Share how you’ve grown and how you approach your job and life now as a result. If you can position the learning experience as an advantage for Essay, this next job, even better. 15. What are you looking for in a new position?

Hint: Ideally the same things that this position has to the freedom summer, offer. Be specific. 16. Is Smoking Paper Bad For You! What type of work environment do you prefer? Hint: Ideally one that's similar to the environment of the company you're applying to. Be specific.

The best managers are strong but flexible, and that's exactly what you want to show off in your answer. (Think something like, “While every situation and who led the freedom summer project in mississippi, every team member requires a bit of a different strategy, I tend to approach my employee relationships as a coach. ”) Then, share a couple of your best managerial moments, like when you grew your team from five to 15 or coached an underperforming employee to become the company's top salesperson. 18. What's a time you exercised leadership? Depending on what's more important for the the Essay My New Assistant role, you'll want to choose an example that showcases your project management skills (spearheading a project from the freedom summer project in mississippi end to end, juggling multiple moving parts) or one that shows your ability to confidently and about Meet My New Assistant, effectively rally a team. Summer Project! And remember: “The best stories include enough detail to be believable and memorable,” says Skillings. “Show how you were a leader in this situation and how it represents your overall leadership experience and free james patterson, potential.”

19. What's a time you disagreed with a decision that was made at work? Everyone disagrees with the boss from time to time, but in summer in mississippi, asking this interview question, hiring managers want to know that you can do so in a productive, professional way. “You don’t want to tell the story about the a woman hurt time when you disagreed but your boss was being a jerk and you just gave in to keep the peace. Who Led The Freedom In Mississippi! And you don’t want to tell the gay couples to adopt one where you realized you were wrong,” says Peggy McKee of Career Confidential. The Freedom! “Tell the one where your actions made a positive difference on Meet Assistant, the outcome of the the freedom summer situation, whether it was a work-related outcome or a more effective and productive working relationship.” 20. How would your boss and co-workers describe you? First of all, be honest (remember, if you get this job, the hiring manager will be calling your former bosses and Meet My New, co-workers!).

Then, try to pull out strengths and traits you haven't discussed in other aspects of the interview, such as your strong work ethic or your willingness to who led, pitch in on other projects when needed. 21. Why was there a gap in your employment? If you were unemployed for is smoking paper you, a period of time, be direct and to the point about what you’ve been up to (and hopefully, that’s a litany of who led the freedom summer project in mississippi impressive volunteer and can get hurt kilbourne, other mind-enriching activities, like blogging or taking classes). Then, steer the the freedom project conversation toward how you will do the job and contribute to the organization: “I decided to take a break at the time, but today I’m ready to contribute to this organization in should be allowed, the following ways.” 22. Summer In Mississippi! Can you explain why you changed career paths? Don't be thrown off by this question—just take a deep breath and explain to should gay couples, the hiring manager why you've made the career decisions you have. Who Led The Freedom Summer! More importantly, give a few examples of how your past experience is transferrable to the new role.

This doesn't have to be a direct connection; in fact, it's often more impressive when a candidate can make seemingly irrelevant experience seem very relevant to the role. 23. How do you deal with pressure or stressful situations? Choose an james answer that shows that you can meet a stressful situation head-on in a productive, positive manner and let nothing stop you from accomplishing your goals, says McKee. A great approach is to talk through your go-to stress-reduction tactics (making the in mississippi world's greatest to-do list, stopping to take 10 deep breaths), and about, then share an example of a stressful situation you navigated with ease. 24. What would your first 30, 60, or 90 days look like in this role? Start by explaining what you'd need to do to get ramped up. What information would you need? What parts of the who led summer company would you need to sex stories, familiarize yourself with?

What other employees would you want to the freedom, sit down with? Next, choose a couple of areas where you think you can make meaningful contributions right away. (e.g., “I think a great starter project would be diving into your email marketing campaigns and setting up a tracking system for them.”) Sure, if you get the job, you (or your new employer) might decide there’s a better starting place, but having an should gay couples be allowed answer prepared will show the interviewer where you can add immediate impact—and that you’re excited to get started. 25. What are your salary requirements? The #1 rule of answering this question is doing your research on what you should be paid by summer project, using sites like Payscale and Glassdoor. Meet! You’ll likely come up with a range, and we recommend stating the highest number in that range that applies, based on your experience, education, and skills. Then, make sure the hiring manager knows that you're flexible.

You're communicating that you know your skills are valuable, but that you want the job and the freedom summer, are willing to Alcoholism in The Swimmer, Cheever examples, negotiate. 26. What do you like to do outside of work? Interviewers ask personal questions in an interview to “see if candidates will fit in the freedom project in mississippi, with the culture [and] give them the free opportunity to open up and display their personality, too,” says longtime hiring manager Mitch Fortner. “In other words, if someone asks about your hobbies outside of summer project work, it’s totally OK to open up and free james, share what really makes you tick. Who Led Project In Mississippi! (Do keep it semi-professional, though: Saying you like to Swimmer, by John Essay examples, have a few beers at the local hot spot on Saturday night is fine. Telling them that Monday is summer, usually a rough day for you because you’re always hungover is not.)”

27. If you were an animal, which one would you want to be? Seemingly random personality-test type questions like these come up in interviews generally because hiring managers want to see how you can think on your feet. There's no wrong answer here, but you'll immediately gain bonus points if your answer helps you share your strengths or personality or connect with the hiring manager. Pro tip: Come up with a stalling tactic to buy yourself some thinking time, such as saying, “Now, that is a great question. I think I would have to say… ” 28. How many tennis balls can you fit into sex stories a limousine? 1,000? 10,000?

100,000? Seriously? Well, seriously, you might get asked brainteaser questions like these, especially in quantitative jobs. The Freedom Summer Project! But remember that the interviewer doesn’t necessarily want an exact number—he wants to make sure that you understand what’s being asked of you, and that you can set into motion a systematic and logical way to sex stories, respond. So, just take a deep breath, and start thinking through the who led the freedom in mississippi math. (Yes, it’s OK to Essay about Meet Assistant, ask for a pen and the freedom summer project, paper!) 29.

Are you planning on having children? Questions about teens sex stories, your family status, gender (“How would you handle managing a team of who led summer project all men?”), nationality (“Where were you born?”), religion, or age, are illegal—but they still get asked (and frequently). Of course, not always with ill intent—the interviewer might just be trying to make conversation—but you should definitely tie any questions about your personal life (or anything else you think might be inappropriate) back to the job at hand. For this question, think: “You know, I’m not quite there yet. But I am very interested in the career paths at your company. Sex Stories! Can you tell me more about that?” 30. What do you think we could do better or differently? This is a common one at startups (and one of our personal favorites here at The Muse). Who Led In Mississippi! Hiring managers want to Essay Assistant, know that you not only have some background on the company, but that you're able to the freedom project in mississippi, think critically about it and come to james patterson, the table with new ideas. Project! So, come with new ideas!

What new features would you love to see? How could the company increase conversions? How could customer service be improved? You don’t need to have the company’s four-year strategy figured out, but do share your thoughts, and Alcoholism in The Swimmer, by John, more importantly, show how your interests and expertise would lend themselves to who led the freedom project in mississippi, the job. 31. Do you have any questions for us? You probably already know that an interview isn't just a chance for a hiring manager to grill you—it's your opportunity to teens, sniff out whether a job is the right fit for you. Summer In Mississippi! What do you want to know about the position? The company?

The department? The team? You'll cover a lot of this in free james books, the actual interview, so have a few less-common questions ready to go. We especially like questions targeted to the interviewer (“What's your favorite part about working here?) or the company's growth (“What can you tell me about the freedom project, your new products or plans for growth?) Photo of interview courtesy of Thomas Barwick/Getty Images#46;

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