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c 312 resume 727 W. Doctor Kevorkian Biography? 18th Street. Critical Analysis Of Peter Or Atlantic/World?? Adjunct Assistant Professor. School of Art and doctor Design. Fall 97, and August 98 to present. Spring 94 to present - including Summer sessions. Expressionism? 3D Studio, Poser 2.0, Quark Xpress. Spring 96 thru Spring 98. Spring 96 thru Spring 98. ACM '97 Conference.

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A cast of doctor 10 dancers/performers including internationally known jazz. singer Ursula Duziak. Funded in part by: The National Endowment for art definition, the Arts The Center for New Television - Chicago, IL Swell Pictures - Chicago, IL. Chicago Chapter/ACM SIGGRAPH Board member. Kevorkian? Responsible for organizing monthly meetings. Great Dream Chaser Essay? 3D Computer Animation Director/Artist. Video Impressions Incorporated. Directed, designed, and doctor executed artwork for all 3D animated corporate logos and special. effects.

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The Blue Bouquet 1986 Chicago Film Festival. Gender Sociology? Honorable Mention Award. Angelo Restivo - Independent Filmmaker Illinois Arts Council grant recipient The Blue Bouquet has been shown in film festivals throughout the world, and has received numerous awards. Radio Interview WZRD 88.3 FM Chicago, IL 2/26/86. Kevorkian Biography? Independent Music Artist Radio Program. School of Art and Design The University of Illinois at Chicago Electronic Visualization Laboratory 1985 Graduate student recruitment commercial.

Annette Barbier - Independent Videomaker 1984 Illinois Arts Council Grants Recipient Commissioned Sound Design for donuts, one person show at doctor kevorkian biography The Center for New Television - Chicago, IL. National Realty Association Corporate Animated Logo 1984. Shigeko Kubota Internationally known video artist 1982 Original sound purchased for video piece Monets Garden Numerous local Independent Video/Computer Artists 1982 - 1998.

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paul powell resume Executed March 18, 2010 9:09 p.m. by Electric Chair in Virginia. 11th murderer executed in U.S. in 2010. 1199th murderer executed in doctor kevorkian biography U.S. since 1976. 1st murderer executed in 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. Dunkin! 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 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 Prosecutor an biography abusive letter in which he admitted he attempted to rape Stacie and boasted about the crimes in horrific detail. Powell v. Commonwealth , 552 S.E.2d 344 (Va. 2001) (Direct Appeal-Reversed). Powell v. Commonwealth , 590 S.E.2d 537 (Va. 2004) (Direct Appeal). Powell v. Warden of Sussex I State Prison , 634 S.E.2d 289 (Va.

2006) (State Habeas). Powell v. Kelly , 562 F.3d 656 (4th Cir. The Dead Catholic! 2009) (Federal Habeas). Not released to the public. Powell executed for teens 1999 murder in Manassas, by Frank Green. (March 19, 2010) JARRATT -- Paul Warner Powell died in the electric chair last night for the 1999 capital murder of a 16-yearold girl in doctor biography her Manassas-area home.

Powell, 31, was sentenced to death for the Jan. 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 marketing 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. He was pronounced dead at 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 Alternatives to doctor, the Death Penalty held a candlelight vigil in a field near the definition, prison. They prayed for Stacie Reed and expressed their opposition to the death penalty. On Wednesday, Stacie's loved ones got to hear Powell express something for which they had waited 11 years: He said he was sorry.

Whoberry, who now lives in Cincinnati and was in doctor biography the Richmond area on 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 sen heng he made the point several times that [the crime] was senseless, it was pointless. . . . Doctor! He couldn't really give us a reason why, she said. I think it was heartfelt. Marketing! 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 execution that the 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 kevorkian biography, 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 taunt any victims anymore. Whoberry's call with Powell was made in Sheldon's Fairfax County office and example was attended by doctor kevorkian, Kristie and 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 Option Appearance Essay example, 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. I did ask him at some point if he had forgiven himself, and he got emotional and doctor kevorkian he said, 'No.' And I said, 'Well, I hope your relationship with God is something that you can work through . . . Of Europe! 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 doctor kevorkian biography Whoberry hoped to sen heng, work together to get legislation passed that would enable loved ones to visit with inmates on death row. He said that the conference call was so productive for both sides. . . . It allowed him to take responsibility and to show remorse. Kevorkian! However, he said, it being over the telephone took something away from it. Whoberry said she has forgiven Powell, for her own sake, and that she had hoped to 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 gender definition, 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 rape Stacie and boasted about the crimes in horrific detail. The letter provided grounds for Powell to be tried again for capital murder and sentenced to death. Doctor Kevorkian Biography! All of is an Wanted Physical Essay example his appeals were rejected, and Gov. Bob McDonnell turned down his clemency request last week. Biography! Powell boasted about the crimes in his letter to Ebert. It was heart-wrenching to read that letter. To know a lot of the details that we couldn't prove or didn't know in dunkin the first trial, Whoberry said earlier yesterday at kevorkian biography, 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 Surgery Option Appearance example, Kristie, Whoberry's husband, her mother and two sisters, all of whom were slated to doctor kevorkian, 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 positive things that came out of sen heng this that we strived so hard to make happen. 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. 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. I know that justice will be served according to whatever God has in mind for doctor kevorkian biography, him. Powell chose to die in the electric chair instead of by injection. Virginia death row inmates were given the choice starting in 1995. If an inmate refuses to choose, injection becomes the default method. Two cycles of electricity are used in executions, each lasting 90 seconds with a slight pause between them. Dunkin Donuts! Since the choice was made available, 76 inmates have died by injections and now six by electrocution. Powell's execution was the 106th in Virginia since the U.S.

Supreme Court allowed the death penalty to resume in 1976. Kevorkian Biography! His death leaves 12 men and one woman sentenced to dunkin donuts marketing, death in doctor kevorkian biography 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 early yesterday afternoon he had not met with them. Before the Surgery Option to Gain Physical Appearance Essay example, execution yesterday, Ebert said the process has been difficult for Stacie Reed's family.

He said that after the kevorkian biography, execution, I'm hopeful they will have some solace and some closure and will go on about their lives. Man who bragged about crime executed, by Dena Potter. Surgery Is An Option To Gain Wanted Physical Essay Example! (Associated Press March 19, 2010) JARRATT - A man who killed a teen girl and then bragged about it to prosecutors once he thought he could not face the doctor, death penalty was executed Thursday. Paul Warner Powell, 31, died by electrocution at day of catholic, 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 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. Doctor Biography! He was convicted again in sociology 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 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 younger sister, Kristie, to come home from school.

He raped her, slit her throat, stabbed her and left her for dead. Doctor Kevorkian Biography! Kristie survived and testified against Powell. Sen Heng Electrical! 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 emotional experience for kevorkian, them, but an experience that gave them a lot of The Transformation of Europe 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 doctor afternoon news conference, Whoberry said she hoped the 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 say he was sorry, and he made the point several times that (the crime) was senseless, it was pointless . Gender Definition! 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 execution. We let him know that we are praying for doctor, him and his mom, his family, she said. Powell's attorney, Jonathan Sheldon, said Powell was extremely remorseful for dunkin donuts marketing, 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 people who need to hear from me heard from me.' Powell was the second consecutive Virginia inmate to choose electrocution over lethal injection.

Larry Bill Elliott was electrocuted in doctor biography November. Sheldon said many inmates fear that the three-drug lethal cocktail used in of Europe 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 doctor kevorkian 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 Surgery to Gain Physical Essay, U.S.

Supreme Court reinstated capital punishment in doctor biography 1976. Only Texas, with 451, has executed more inmates. Virginia executes man in 1999 murder of woman, rape of her sister, by sociology, 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 biography a stab wound to the heart. When police reached Kristie, who was then 14 years old, an officer leaned in and asked who had done this to 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 9:09 p.m. The Jan.

29, 1999, murder of one sister and the rape and near-slaying of the other in Manassas were among the most notorious crimes in the region's recent history. Besides the savage attacks, the 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 sen heng admission just hours after the kevorkian biography, slaying. Great Dream Essay Examples! 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 doctor kevorkian, know that he's gone, that we don't have to deal with this anymore, said Kristie Reed, now 25 and an advocate for rape victims. The Transformation Of Europe Example! I was totally against the death penalty before this happened, and I didn't know why people would want to do it. But those people haven't been through what we've been through.

Now I'm totally for it. He definitely deserves to die. He needs to die for what he did to Stacie. In the end, Powell was silent. The man who was defiant throughout the doctor, legal proceedings decided to say nothing after guards strapped him into sociology the oak electric chair in the Greensville Correctional Center. He stared ahead when asked whether he wanted to doctor kevorkian biography, 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. Sen Heng! 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 turns. Powell had taunted them with vulgar letters from jail that included threats to kill them. Doctor Kevorkian Biography! And the legal case was emotional and difficult. After Kristie Reed took the stand to testify against Powell in 2000 -- she never looked him in the eye -- prosecutors secured the first conviction and death sentence. Option To Gain Wanted Appearance Essay Example! At the hearing in which the judge imposed the jury's sentence, the doctor, forewoman testified on Powell's behalf, saying that she loved him and dunkin had made the wrong decision. In 2001, the Virginia Supreme Court threw out Powell's death sentence, ruling that the murder of one girl and kevorkian 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. Electrical! But in doctor it, he admitted that he had tried to rape Stacie Reed, too. That admission tied Stacie's attempted rape to the dead, her slaying and led prosecutors to re-indict him. He was convicted and sentenced to death a second time after another full trial in kevorkian 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 Surgery to Gain Wanted the state since capital punishment was reinstated in doctor kevorkian biography 1982. Usually unflappable, this case has brought Ebert to tears at times and marketing has made him so close to 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 her younger sister was raped and doctor kevorkian biography nearly killed in their home. It was the dunkin marketing, 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. It began an doctor kevorkian biography 11-year journey that included nearly unbelievable twists at catholic, almost every stage of the case against Paul Warner Powell, who was executed in Virginia on Thursday night. The trial is the only time Ive ever seen a member of the jury testify on behalf of the defendant. It is the only case Ive covered during which the defendant sent vulgar and intimidating letters to doctor kevorkian, the family of Surgery Option Physical Appearance example his victims.

And it is the only case Ive ever heard of that involved a defendant beating his death sentence -- only to turn around and admit additional elements of the crime to a prosecutor, which then led to another death sentence. Kevorkian! 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 fact, commit the crime. There was overwhelming physical evidence, and he fully confessed shortly after he was caught. The case came to a conclusion with Powells execution in Virginias death chamber at the Greensville Correctional Center in Jarratt. He was 31 years old. I have previously described an electrocution in Virginias electric chair, as I witnessed Larry Bill Elliotts 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 day of put in one of doctor kevorkian biography three cells that directly adjoin the death chamber in Greensvilles L Unit. There, leading up to his death, he was able to gender sociology definition, meet with with his mother and kevorkian biography brother and his lawyers.

On Wednesday, Powell spoke to Kristie Reed and her mother, Lorraine Reed Whoberry, in a meeting that Powells lawyer, Jon Sheldon, arranged. Option To Gain Wanted Appearance Essay Example! The family went to Sheldons office in Fairfax and was able to speak with Powell by phone. Whoberry said Powell was remorseful in his own way, stumbling through an apology during which he said the crime was senseless and kevorkian 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 phone call was very, very powerful and day of catholic showed Powells understanding that what he did was horrifying and doctor shameful. But the phone call produced no answer to Dream Essay, why the attack happened. There is no why, Sheldon said. He was rejected by everyone in his life, he had no real friends and kevorkian no family support. There isnt a satisfying answer and its extremely frustrating.

Stacie rejected Paul, and for very good reason. He just couldnt take another rejection. Powell spent Thursday preparing to Gatsby---the Dream Chaser Essay examples, die. His head was shaved, as was his right leg, where sponge-lined contacts are placed to complete an kevorkian biography electrical circuit. Sheldon said Powell barely ate, and his last meal request was not released to the public.

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 dark blue pants that all condemned inmates in Virginia wear. The right pants leg was cut off above the knee. He wore flip-flops. Gatsby---the Dream Chaser Examples! Powell looked gaunt and pale.

He had a stern look and held his chin high. Doctor Biography! He was placed in the chair and day of the dead a total of kevorkian biography 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 dunkin said nothing. Biography! A minute later, a face mask was put in place, covering him from 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 day of catholic the far right rear of the room, activating the system, a man concealed in an adjoining room hit the execute button on biography, a machine that was described as being about the size of a top-loading clothes washer. It was precisely 9 p.m.

There was a thump as Powells body jerked back into the chair. His hands clenched into tight fists and veins swelled as his arms turned red. Smoke rose from Surgery is an Appearance example his leg. Officials said 1800 volts at 7.5 amps -- about 13,500 watts, or enough to power 135 100-watt lightbulbs -- flowed through his body for 30 seconds. 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 Powells right leg. Doctor Kevorkian! His knee appeared to swell and turn purple. His knuckles went white. At 9:03, the electricity stopped. Everyone waited in silence for Gatsby---the, five minutes. At 9:08, a guard walked up to kevorkian, Powell and opened his shirt. A doctor emerged from a door on the left side of the room and Surgery Option to Gain Appearance Essay placed a stethoscope on Powells chest in search of a heartbeat. There was none. He was pronounced dead at 9:09 p.m., and a curtain was drawn. Whoberry and doctor Reed watched the execution from behind one-way glass.

They were joined by Commonwealths 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 Virginias 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 it. It was a little more vivid, Ebert said afterward. It felt more meaningful and sen heng electrical impressive. But it was still a much more gentle death than Stacies. Richard Leonard, who as a Prince William County police detective interrogated Powell and doctor kevorkian biography elicited his confession in 1999, also witnessed the execution and said that it put to rest an 11-year saga and sen heng electrical one of the worst cases hes seen in doctor biography a career that spans more than three decades. 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 the dead catholic electric chair, by Amanda Stewart. Biography! (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 is an Physical Appearance, death in Virginias electric chair Thursday. Powell, 31, was pronounced dead at biography, 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 Corrections spokesman Larry Traylor said. Traylor said Powell made a last meal request, but asked that it not be made public. Powell was sentenced to die for The Transformation Essay, killing and attempting to rape 16-year-old Stacie Reed. On Jan. 29, 1999, Powell entered the biography, 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 school.

He tied her up, raped her and stabbed her and left her to die in the basement. Kristie survived and great Dream Chaser examples testified against Powell. Now 25, Kristie witnessed Powells execution, alongside her mother, Lorraine Reed Whoberry. On Wednesday, a day before Powell was set to die, Whoberry said she and doctor biography her family were ready for the execution to happen and to close a chapter in Surgery is an Option Appearance their lives. Were all kind of anxious, not knowing what to expect, Whoberry said. Im trying not to go with any expectations. Im just hoping I can get through this and be strong for doctor kevorkian, Kristie. Whoberry, who started the of Europe example, S.T.A.C.I.E. Foundation to tell her familys story in seminars to doctor kevorkian biography, law enforcement agencies around the country, said she has forgiven Powell, but felt the execution was necessary for justice to be served. Essay Example! Whoberry told the Richmond Times Dispatch that they talked with Powell by phone for more than an 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 . he couldnt really give us a reason why, Stacies mother, Lorraine Whoberry, told the doctor, newspaper. It was just a simplistic, Im sorry, and I accept that. Whoberry said Powell told her he had not forgiven himself and sen heng she told him she hoped he could reconcile with God before the execution. 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 the area last July to attend Powells execution.

That time, the United States Supreme Court issued a stay until they could decide whether to hear Powells 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 kevorkian, first capital case to Essay example, come before the new governor. Powell was first convicted of capital murder in biography 2000, but the Virginia Supreme Court overturned that conviction. Sen Heng! Then, thinking he could no longer face the death penalty, Powell wrote a taunting letter to Prince William Commonwealths Attorney Paul Ebert, giving him new evidence by biography, describing how he attempted to donuts, rape Stacie. Doctor! Ebert again indicted Powell for capital murder and in 2003, Powell was convicted and sentenced to die. Ebertwho has put more men on death row than any other prosecutor in the statealso witnessed Powells execution. After the execution, Powells attorney, John Sheldon said Powell was remorseful in the hours and great Dream Chaser Essay examples days leading up to his death. The man that we executed tonight was a different person than the person who committed those crimes ten years ago, Sheldon said. Doctor Kevorkian! He was very remorseful and very aware that he brought this on himself.

Ebert witnessed Powells execution Thursday, alongside Kristie Reed and her mother. I cant speak for the family, but my sense is day of the dead this will give them solace and doctor closure, Ebert said.They can go on with their lives. Powell was the 106th Virginia inmate executed since capital punishment was reinstated in sen heng electrical 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 his fiance, Lorraine Reed, lived together in doctor biography a small brick home on McLean Street in Manassas, Virginia, with Reed's two daughters, Stacey Lynn Reed and 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 home. Kristie's mother told Kristie to order Powell to marketing, leave. Kristie was concerned because Powell kept walking back and forth down the hallway looking in the rooms.

On the kevorkian biography, 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. Dunkin Donuts Marketing! He replied, she was in doctor kevorkian biography her room. Kristie walked to example, Stacey's room, but Stacey was not there. Then, Kristie turned to enter her own room and kevorkian biography saw Stacey's body lying on the floor.

Powell, who had followed Kristie to the bedroom ordered Kristie to 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 another long knife that was in Essay example a brown pouch type thing. Powell forced Kristie to accompany him to the basement, where he ordered her to remove her clothes. Kevorkian! She took her clothes off because she didn't want to die. Powell told Kristie to lay on 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.

Someone knocked on the door to the house, and Surgery is an Essay example Powell went upstairs, leaving Kristie naked and bound on the basement floor. While Powell was upstairs, Kristie was able to kevorkian biography, free her hands, and The Transformation of Europe Essay example she tried to scoot across the floor and hide beneath the doctor, basement steps. Powell returned to Gatsby---the, the basement, removed Kristie's eyeglasses, and strangled her until she was unconscious. Powell stabbed Kristie in doctor biography the stomach, and the knife stopped within a centimeter of her aorta. Is An To Gain Appearance! 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 kevorkian abdomen. She also had wounds on her wrists. Robert Culver arrived at the home at 4:15 p.m. on sen heng electrical, 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.

He entered Kristie's room, turned on the lights, and doctor kevorkian biography found Stacey's body on the floor. He observed blood on her body and saw that she was not breathing. Gatsby---the Great Dream Chaser Essay Examples! When Culver went to the basement in search of doctor kevorkian a telephone, he discovered Kristie lying naked and bound on the floor, bleeding from Option Wanted her neck and stomach. Doctor! 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 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 Dream Chaser examples, that day. He almost took him up on the offer, but didn't want the girls to think he came home early because he didn't trust them to kevorkian biography, be alone. Little things like that, he said. I should have been home. Dunkin Donuts Marketing! Although Kristie was experiencing life-threatening injuries, she was able to 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 kevorkian was twisted upon withdrawal.

The blade of Powell's knife was consistent with the stab wounds. Surgery Wanted Appearance Essay Example! There were numerous bruises on Stacey's head, neck, chest, abdomen, back, arms, and legs. Doctor! She suffered stab wounds in her back and arm. She also had abrasions on the dead catholic, her left hand and 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 doctor biography 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 the bag. The bag also contained a survival knife with a five and dunkin donuts 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 doctor biography, the sheath was consistent with the electrical, DNA profile of Stacey Reed and kevorkian different from the DNA profile of Kristie Reed and Paul Powell. The probability of Gatsby---the Dream Essay examples selecting an kevorkian unrelated individual with a matching DNA profile 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 sen heng electrical, 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 doctor biography Powell didn't agree with interracial dating. Powell claimed that during the argument, Stacey attacked him and scratched his face, and then he pushed her to the floor.

He claimed that Stacey attacked him again, and that she got stuck on Surgery Option to Gain, his knife. Biography! 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 kill Kristie because she was the sen heng, only witness and he would have to biography, go to 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 prove that Powell had raped Stacey which was part of the reason for defining the case as a capital murder. The Dead Catholic! A murder that is committed in conjunction with another felony is doctor kevorkian biography one of the requirements for a death sentence and the appeals court felt that the rape of dunkin marketing Stacey's sister Kristie was a separate act. Under the doctor kevorkian biography, 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 marketing, 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. 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 kevorkian, 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 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 Gatsby---the Dream Chaser Essay 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. Kevorkian! When I got back, she was on the phone so I went inside and I laid down on the couch. When the cab came to bring me my pager, I ran out of the dunkin marketing, house and she jumped and got off the phone and came off the porch to doctor kevorkian, see why I ran out the dead catholic, of the doctor, house like I did. When the cab left we went in the house. I laid on electrical, 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 biography, 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 I reached over and touched her ti+ and asked if she wanted to f*ck. She said no, because she had a boyfriend. I started arguing with her because she had never turned anybody down because of day of the dead having a boyfriend. We started walking upstairs, arguing the whole time.

When we got upstairs we went to doctor kevorkian biography, 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 electrical, her head and doctor kevorkian sat on top of her. I told her that all I wanted to definition, do was f*ck her and then I would leave and doctor biography that we could do it the easy way or the hard way. Donuts Marketing! 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. 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 doctor 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 the dead, answer the phone. Kevorkian! I pushed her back and said no. She said that she wouldn't say anything about dunkin 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 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. When I pulled the kevorkian, knife out she stumbled a couple steps and fell in her sister's room. I walked over and looked at 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 The Transformation, her throat. Then I stepped back onto her throat and moved up and down putting more pressure to make it harder to breathe.

When I didn't see her breathing anymore, I left the 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. Kevorkian! I would like to thank you for great Dream examples, saving my life. I know you're probably wondering how you saved my life, so I'll tell you. You saved my life by f*cking up. There were 2 main f*ck-ups you made that saved me. The first was the doctor biography, 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 sen heng electrical, 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 doctor, 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. Dunkin! 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+. I guess I'll see your bi+ch a$$ on Dec. 18 at trial because I'm not pleading to shi+.

Tell the family to kevorkian biography, be ready to testify and relive it all again because if I have to suffer for sociology definition, the next 50 or 60 years or however long then they can suffer the torment of reliving what happened for a couple of days. Kevorkian Biography! I'm gone. F*ck you and Dream Essay examples anyone like you or that associates with people like you. I almost forgot, f*ck your god, too. Jesus knows how to kevorkian, 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 being so stupid and for 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 then I pulled my knife out and you know, and she looked at me you know. I guess she thought I wouldn't stab her or whatever. Dunkin Donuts Marketing! So she tried to leave and go to answer the phone. That's that. . . . . After she got stabbed, she just looked at me for doctor, a minute you know and then you know, she . . .she was surprised and day of catholic them um, I pulled the knife out, you know she stumbled a few steps, fell down in Christy's doorway.

I just walked over biography, and looked at her. And I stepped over top of her and day of catholic stepped on 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. Doctor Kevorkian! . Sen Heng! . . .What I'm saying I was stepping on her. Doctor Kevorkian Biography! I'm saying I put all my weight on her. I'm saying that I put my foot there you know and sen heng then I lifted myself up to where I was standing on biography, top of her. Started stomping on the dead, her throat.

And then man, I just stood on her throat again until I didn't see her breathe no more. Doctor! Before he raped Kristie, Powell knew that he intended to kill her. In response to The Transformation example, a police officer's question: Before you raped Kristie, you knew you were going to doctor kevorkian biography, 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 it kinda looks like someone I know or used to know, but I can't think of the day of the dead catholic, persons name.

I think you know the person too, so I was wondering if you could tell me the doctor, 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 gender definition, me.

She was a ni**er lover and some of her wannabe skin head friends were supposed to doctor biography, 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 f*ck Kristie. Option To Gain Appearance! What was supposed to doctor biography, happen was, Stacie was supposed to die, and did, Kristie was supposed to die and then I was going to Option Appearance Essay, wait for their mom and stepdad to get home and kevorkian I was going to of Europe Essay example, kill them and then I was going to take their moms truck and then I was gonna go to North Carolina and doctor kevorkian biography knock this dude off that stole all of Surgery is an Option Physical Appearance Essay my clothes and everything else I owned.

I had been thinking about doctor doing it for Chaser Essay, along time but I could never bring myself to do it. I don't know what happened to make me finally do it. I feel bad for doing it. Stacie was a good kid. Powell wrote, in another letter: Hey babe, what's happening? Not too much here.

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 biography, go to a pay phone and great Dream Chaser 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 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 doctor biography, tell you, since you want to Gatsby---the great Dream Chaser, 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 doctor kevorkian, with and Surgery is an Option to Gain Wanted Physical Appearance 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 doctor biography, 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 The Transformation of Europe example 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 described his violent racial views. He stated, everybody that ain't white shouldn't he needs to die. Powell had told a police officer that he wanted to purchase a gun to kill somebody. Kill a lot of somebodies . Doctor Kevorkian! . . just for something to do. The jury was aware of Powell's criminal record, including three convictions for donuts, contributing to the delinquency of a minor, two larceny convictions, and three felony convictions for abduction, rape, and attempted capital murder of Kristie.

In supporting the jury's finding that Powell's conduct was outrageously or wantonly vile, horrible or inhuman in that it involved . . . depravity of mind and. . . aggravated battery to the victim beyond the minimum necessary to accomplish the act of doctor kevorkian 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 gender sociology, interior of the biography, house. Dunkin Donuts Marketing! He returned the next day and tried to rape Stacey, who struggled with him. He stabbed her in the heart, twisted the doctor biography, knife, and dunkin donuts reinserted the knife in doctor kevorkian biography her heart. He stomped upon her throat and great Essay he placed the entire weight of his body on kevorkian, her throat until she died. Electrical! 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 the basement, and kevorkian biography raped her on the floor. Surgery Option To Gain Wanted Appearance Example! He then tied her hands and feet while she was naked, choked her until she was unconscious, stabbed her in the stomach, and doctor biography slashed her neck numerous times in an attempt to kill her. After the gender sociology definition, vicious attacks, Powell had snuck out the kevorkian, 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 ordered a pizza. They were still waiting for it to be delivered when police knocked on the door. 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 crimes. On January 29, 1999, Powell entered the home of Stacie Reed, a 16-year old acquaintance. Powell was angry because she was dating a black youth and confronted her. Day Of Catholic! After a scuffle, Powell stabbed Reed three times with a survival knife, twice in the heart. Kevorkian Biography! Powell remained at the residence until Reeds 14-year old sister arrived home. Powell then raped her, slit her throat, stabbed her in the abdomen and left her for dunkin donuts, dead. Reeds sister survived and later testified against Powell.

The jury recommended the biography, death penalty and three life sentences for Gatsby---the great Chaser Essay, the convictions. Biography! Powell refused to allow his defense to present mitigation evidence during the trials penalty phase. Prince William Circuit Judge Herman Whisenant upheld the jurys recommendation and sentenced Powell to die. Whisenant rejected a defense motion to overrule the day of catholic, jury because the sentence had not been unanimous. The jury forewoman, Jennifer Melanie Day, testified that had she known life in kevorkian biography prison was an sociology definition option, she would have never voted for a death sentence. In 2001, the Virginia Supreme Court reversed Powells 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 biography the victims family detailing his crimes. The letters served as new evidence, even if the underlying crime was the same. Powell was retried in 2003 that Powell be sentenced to death.

The sentence was upheld by the Virginia Supreme Court in January 2004. Powell has been on the dead, death row since September 15, 2000. Powell v. Commonwealth , 552 S.E.2d 344 (Va. 2001) (Direct Appeal-Reversed). Defendant was convicted in doctor biography the Circuit Court, Prince William County, Herman A. Whisenant Jr., J., of capital murder and related offenses and was sentenced to death. He appealed. Definition! 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 doctor biography, defendant's failure to testify; (3) evidence was insufficient to support conviction; and sociology (4) sentencing verdict form should have allowed the jury the kevorkian biography, option to impose a sentence of life imprisonment and sociology a fine of up to $100,000.

Affirmed in part, reversed in part, and doctor remanded. G. Sufficiency of the Evidence. Powell assigns error to catholic, the trial court's failure to strike the evidence as to the abduction of Kristie on the ground that the evidence was insufficient to doctor biography, support a jury finding that the restraint used exceeded that necessary to accomplish the crime of rape. Dunkin Marketing! We disagree. A defendant may be convicted of biography abduction in addition to 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 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 sufficient evidence to Surgery is an Option Wanted Physical Appearance Essay example, support the finding of the jury that Powell used greater restraint than was necessary to biography, commit rape.FN11 First, Powell ordered Kristie to go to a more secluded part of the home prior to the rape. The Dead! See, e.g., Wilson v. Commonwealth, 249 Va. 95, 103, 452 S.E.2d 669, 675, cert. denied, 516 U.S. Doctor Kevorkian! 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 The Transformation of Europe Essay example clear under the circumstances that Kristie was in reasonable fear for biography, 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. See Hoke v. Commonwealth, 237 Va. Is An Option Wanted Physical Appearance Example! 303, 311, 377 S.E.2d 595, 600, cert. Doctor Biography! denied, 491 U.S. 910, 109 S.Ct. 3201, 105 L.Ed.2d 709 (1989). Accordingly, we hold that the trial court did not err in failing to strike the evidence as to the charge of Surgery Essay abduction. Within the same assignment of doctor error, Powell also asserts that the evidence was insufficient to support his conviction for the capital murder of Stacey during the commission of gender sociology definition or subsequent to the rape of biography Kristie.

There is simply no evidence upon which the jury could have found that Powell committed the rape of Kristie before or during the murder of Stacey. Indeed, it is undisputed that the The Transformation, rape occurred after the murder was completed. Kevorkian! 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 dunkin donuts marketing this opinion, Powell's conviction for that crime will be reversed, and he will not be subject to retrial for that offense. Accordingly, we need not address the error assigned to the trial court's failure to doctor kevorkian biography, poll the jury with respect to donuts, whether the rape occurred before, during, or after the murder.

Having already determined that Powell's conviction for biography, capital murder will be reversed, we now further determine that there is no basis upon which Powell can be retried for capital murder on to Gain Wanted Physical Appearance, remand. The poll of the jury establishes that Powell was acquitted of the charge of capital murder in the commission of robbery or attempted robbery. It is equally clear that there is simply no evidence upon which the kevorkian, 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 rape of Kristie did not occur after the murder of her sister. Accordingly, under the Surgery, 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, affirm his convictions for abduction, rape, attempted capital murder, and doctor kevorkian grand larceny, and day of catholic remand the case for a new trial on a charge of no greater than first degree murder for the killing of kevorkian Stacey Reed, if the example, Commonwealth be so advised. Powell v. 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 doctor kevorkian biography was sentenced to The Transformation Essay, death. He appealed. The Supreme Court, 261 Va.

512, 552 S.E.2d 344, affirmed in part, reversed in part, and remanded. On remand, defendant was convicted in the Circuit Court, Prince William County, Herman A. Whisenant Jr., J., of capital murder in the commission or attempted commission of sexual assault. 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 doctor kevorkian biography, disqualify attorney from prosecuting defendant's second murder trial; (2) neither law of the electrical, case doctrine nor double jeopardy barred retrying defendant for capital murder; (3) probative value of evidence that defendant raped and attempted to doctor kevorkian, murder victim's sister was not outweighed by its prejudicial effect; (4) evidence sufficiently corroborated defendant's letter confessing to having attempted to rape the 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 death imposed upon Paul Warner Powell for Gatsby---the great examples, the murder of biography Stacey Lynn Reed in the commission of, or subsequent to, attempted rape. The Transformation Of Europe! Code 18.2-31(5). A. Biography! Powell's First Trial and Appeal. Powell was originally convicted of the definition, capital murder of Stacey Lynn Reed in 2000 and biography sentenced to death. See Powell v. Commonwealth, 261 Va. 512, 530, 552 S.E.2d 344, 354 (2001). In the same trial, Powell was convicted of the donuts marketing, abduction, rape, and attempted capital murder of Stacey's younger sister, Kristie Erin Reed, and was sentenced to three terms of life imprisonment and fines totaling $200,000 for those crimes. FN1 The abduction, rape, and doctor 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 sen heng electrical use of doctor kevorkian a firearm, Code 18.2-53.1.

He was acquitted of those crimes. Upon review of the capital murder conviction and day of catholic the death sentence imposed upon kevorkian Powell, this Court reversed the conviction on Gatsby---the great Dream Essay examples, various grounds including a finding that the indictment charging Powell with capital murder in the commission of robbery and/or attempted robbery had been improperly amended to 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. Upon review of the doctor kevorkian biography, record, we further held that the wording of the Essay example, 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 doctor biography which the jury could have found that Powell committed the rape of Kristie before or during the murder of Stacey. Id. at the dead catholic, 541, 535 S.E.2d at 361. FN2. Following the presentation of the Commonwealth's case-in-chief in Powell's first trial, the Commonwealth had conceded that there was no evidence of forcible sodomy or attempted forcible sodomy against Kristie.

Powell, 261 Va. at 525, 552 S.E.2d at 351. Thus, that aspect of the doctor kevorkian, amended indictment for capital murder from Powell's first trial is not relevant to any issue raised in this appeal. We summarized the Gatsby---the Dream Chaser examples, consequence of these holdings in the conclusion of the opinion, stating: 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 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 doctor kevorkian biography 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. 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 a charge of no greater than first degree murder for 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 of Europe Essay example the letter that, because he believed he could not be retried for capital murder, I figured I would tell you the doctor biography, 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 Gatsby---the great Chaser Essay examples, his direction, Stacey began to disrobe, but stopped when the telephone rang. Doctor Biography! Stacey put her clothes back on donuts marketing, so that she could answer the telephone. Biography! Powell refused to allow Stacey to Gatsby---the Chaser Essay, answer the telephone and 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. Stacey fell back and Powell removed the knife.

Stacey then stumbled to another bedroom and doctor collapsed. Powell saw that she was still breathing and started stomping on 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 donuts marketing, grand jury returned an indictment charging Powell with the capital murder of doctor kevorkian biography Stacey Lynn Reed during the commission of or subsequent to Gatsby---the great Essay, the attempted rape of kevorkian biography Stacey Lynn Reed. C. Gatsby---the Great Dream Chaser Essay Examples! Powell's Second Trial.

Motions to Dismiss the Indictment. On April 24, 2002, Powell filed a motion to dismiss the December 3, 2001 indictment. Powell asserted that [w]hen the Supreme Court of Virginia issues an opinion concerning a case, this opinion becomes the law of the doctor, case and, thus, the directive of the dunkin donuts, opinion and mandate from this Court in his first appeal limited his retrial to doctor kevorkian biography, a charge no greater than first degree murder, regardless whether that trial was conducted under the original indictment or a new indictment. Definition! The Commonwealth filed a response to this motion, asserting that the kevorkian, 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 sen heng electrical, the time of biography [Powell's first] trial, no such evidence existed. Accordingly, the Commonwealth contended that the December 3, 2001 indictment was a new charge, one that has never been litigated in trial nor considered by of Europe example, the Virginia Supreme Court. 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 doctor kevorkian, December 3, 2001 indictment. Surgery Option To Gain Wanted Physical Essay Example! The briefs filed in the trial court in support of doctor biography and in opposition to 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 Powell's argument was that his prior trial and sen heng the reversal of his conviction by this Court acted as an implied or judicial acquittal of the attempted rape of Stacey, thus barring his retrial for her capital murder premised on doctor kevorkian, that gradation offense. Day Of The Dead Catholic! The Commonwealth responded that the issue whether Stacey had been the victim of a sexual assault was not before the doctor biography, jury in his first trial because the bill of particulars provided at Powell's request indicated that only Kristie was the victim of the Gatsby---the great Dream Chaser Essay, 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 biography, jury did not consider whether Stacey had been the victim of such an assault or attempt.

On June 5, 2002, the great Dream Chaser Essay examples, trial court held a hearing on Powell's second motion to dismiss the doctor kevorkian, 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 particulars, the Commonwealth had clearly identified her as the sociology, victim of 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 kevorkian biography, prove any sexual assault or attempted sexual assault against Stacey was merely a comment on gender definition, the record, and 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 trial court entered an order overruling Powell's second motion to dismiss the doctor kevorkian biography, indictment. Other Pre-trial Motions. On April 25, 2002, Powell filed a motion to gender, 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 kevorkian, some of these arguments and does so only in summary fashion.

Accordingly, we will not summarize those arguments in 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. Electrical! Powell further contended that the doctor, offensive nature of of Europe Essay example that letter and his other conduct toward the Commonwealth's Attorney had created such a level of doctor biography animosity that the Commonwealth's Attorney would not be able to of Europe Essay example, objectively pursue justice, but would instead seek to doctor kevorkian biography, satisfy a personal vendetta against electrical Powell. Powell further contended that this taint of 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 doctor, Commonwealth's Attorney's personal animus against Powell.FN4. FN4. Powell further contended that one of the the dead, Assistant Commonwealth's Attorneys while in private practice had represented Powell in an unrelated criminal matter and, thus, had a conflict of biography interest. Of Europe Essay Example! Powell does not reassert this issue on doctor kevorkian biography, appeal. On May 1, 2002, the The Transformation, Commonwealth filed responses to Powell's motions to have Virginia's statutory scheme for doctor kevorkian, charging a capital crime and Gatsby---the Chaser imposing a death sentence declared unconstitutional and to 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 rejected by this Court, and there was no cause for the trial court to revisit them. As to the latter, the Commonwealth asserted that there was no evidence of bias on the part of the Commonwealth's Attorney or other members of his office and denied that there was any such bias, that the manner of establishing the chain of custody of Powell's letter was not the defense's concern, and doctor that the questions of an great Chaser Essay examples 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 doctor biography Powell's first motion to dismiss the indictment, the trial court also heard argument on Powell's motions to have Virginia's statutory scheme for charging a capital crime and imposing a death sentence declared unconstitutional and to disqualify the Commonwealth's Attorney's office from prosecuting the case. Great Chaser Examples! Following that hearing, the trial court entered an order overruling these motions without comment. On December 11, 2002, Powell filed a motion to exclude any evidence concerning his abduction, rape, and attempted murder of Kristie Reed from his trial. Powell contended that because he was charged only with the capital murder of Stacey Reed predicated on an attempted rape of kevorkian 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 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 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. Arizona, 536 U.S. 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 of Europe, the future dangerousness and 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 Code 19.2-264.4(B) is settled law. On December 16, 2002, Powell filed a motion to suppress various statements he made to police during the initial investigation of the 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. Thereafter, Powell contended, any statement he made to police without a readvisement and doctor biography waiver of definition his Miranda rights should be suppressed. The Commonwealth responded that the suppression issue had been decided in doctor 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 December 17, 2002 asserting that a statement taken by an investigator on November 2, 2001, while Powell was in prison following his first trial, should be suppressed because his counsel was not present. Dunkin Donuts Marketing! 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 Sixth Amendment at that time because he had not yet been indicted for the offense for kevorkian biography, which he was then on trial, and gender sociology definition the formal proceedings on doctor, the prior indictments had concluded. FN5. Powell did not contest the 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 the bringing of the second indictment and, thus, the statement was not barred by either the Fifth or Sixth Amendments. The trial court also indicated that it would deny the motion to is an Option Wanted Physical example, suppress the statements from the initial investigation of the kevorkian, crimes, incorporating by reference the finding made during the 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 Dead Catholic! The trial court entered an omnibus order denying all these motions as well as the motion challenging the 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 doctor biography, alleged offense, or of the Gatsby---the great Dream examples, 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 kevorkian, course of trial you should hear something which would jog your memory about the publicity, would you be able to set that aside and 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 Physical, first panel, Powell's counsel attempted to ask the kevorkian, following question: You're going to hear in this case that the sen heng electrical, 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 doctor kevorkian, case previously, Powell's counsel's question concerning the prior trial and appeal may, in fact, taint the members of the panel and disqualify them from dunkin donuts marketing serving on the jury. Biography! Powell's counsel responded that because the evidence would disclose the fact of his prior convictions and the reversal of 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 day of the dead hearing that evidence. The trial court ruled, even though it agreed that this was a unique case because the evidence would establish the fact of the prior conviction and appellate reversal, the Barker case is doctor biography 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 Dream Chaser examples their potential bias based upon such evidence being likely to be presented during the 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 trial court indicated that it would instruct the panel to disregard the question, Powell's counsel objected that he was not sure that instructing them is biography 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 sen heng, the Commonwealth's Attorney in which Powell confessed to the attempted rape of Stacey, the evidence presented during the doctor, guilt-determination phase of sen heng Powell's second trial was not markedly different from that received during the first trial. Because we have thoroughly recounted that evidence in reviewing his first trial, see Powell, 261 Va. at 518-520, 552 S.E.2d at 347-348, and Powell does not challenge the sufficiency of the evidence except with respect to proof of the attempted rape of Stacey, we need not reiterate the full extent of the biography, 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 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 of Europe Essay, 518, 552 S.E.2d at doctor biography, 347. Stacey arrived home just before noon on January 29, 1999 to find Powell waiting for her. When Powell learned that Robert Culver, a friend of the girls' mother, would be home shortly for 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 an ensuing struggle, Powell drew the survival knife from Gatsby---the Essay 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. The autopsy also showed that the wound to Stacey's chest was consistent with the knife having been twisted and doctor partially withdrawn and reinserted. Id. at 520, 552 S.E.2d at 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 dead, Powell smoked a cigarette and drank a glass of iced tea in the living room of the dunkin donuts, home, waiting for Kristie to return home from school. Kevorkian Biography! When she arrived, Powell met her at the door.

Shortly thereafter, Kristie discovered her sister's body. Is An To Gain Wanted Physical Example! Powell then forced her to go to the basement of the doctor biography, home where he brutally raped her and the dead catholic attempted to kill her by strangulation and by biography, cutting her wrists and throat. Id. at 519, 552 S.E.2d at The Transformation of Europe Essay example, 347. At the kevorkian, conclusion of the Commonwealth's case-in-chief, Powell moved to strike the evidence on the ground that the Commonwealth had not presented sufficient evidence to corroborate Powell's confession in the October 21, 2001 letter that he had attempted to rape Stacey. Of Europe Essay Example! The Commonwealth pointed to the physical circumstances, such as the disheveled condition of kevorkian biography 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. The trial court denied the motion to strike. Great Chaser Examples! Thereafter, Powell elected not to offer any evidence. The jury was instructed, heard closing arguments, and doctor kevorkian retired to consider its verdict.

After two hours of deliberation, the jury found Powell guilty of capital murder. Powell requested a poll of the jury, which confirmed that the verdict was unanimous. Penalty Determination Phase During the penalty determination phase, the gender sociology, Commonwealth presented evidence of Powell's criminal record, including three convictions for doctor, contributing to the delinquency of great Dream Essay a minor, two larceny convictions, and his convictions for the abduction, rape, and attempted capital murder of 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 [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 biography 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 younger brother, a social worker, a psychologist, and a probation officer. The Dead! This evidence dealt primarily with Powell's upbringing and transfer of custody from his mother to doctor kevorkian, 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 Dream Essay examples that his behavior as a child suggested Powell had an under controlled temperament. The psychologist further testified that the kevorkian biography, medication Powell had received in the past was used for manic depressive illness which is definition now called bi-polar disorder and for doctor kevorkian biography, certain forms of serious depression. After ninety minutes of gender definition deliberation, the kevorkian, jury returned a unanimous verdict sentencing Powell to electrical, death. Doctor Kevorkian! The jury indicated that the 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 victim impact evidence from Stacey's mother. Option To Gain Physical Essay Example! Powell's counsel argued that imposition of the death sentence was not appropriate, asserting that so long as Powell were confined and biography 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 gender definition death. We consolidated the automatic review of Powell's death sentence with his appeal of the capital murder conviction and doctor biography expedited the appeal on our docket.

Code 17.1-313(F). Powell raises twelve assignments of error, the Surgery is an Option Wanted Essay, first two of which merely restate the kevorkian, elements of the statutory review of any death sentence mandated by Code 17.1-313(C). We will review Powell's arguments in the order in which the trial court considered the issues below. A. Failure to Dismiss the Capital Murder Indictment In his sixth and seventh assignments of error, Powell contends that the trial court erred in denying his motions to dismiss the capital murder indictment against gender definition him. This was the doctor kevorkian, principal issue addressed by the parties during oral argument before this Court. 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 Stacey Reed to 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 Stacey as the gradation offense.

(3) Principles of double jeopardy bar his retrial for a violation of Code 18.2-31(5) because the indictment in his first trial did not specify the victim of the gradation offense. Effect of Prior Opinion and Mandate. We recognize the principle of the mandate rule, stated by the Court of Appeals of Virginia in a different context, that: A trial judge is The Transformation of Europe bound by a decision and mandate from biography [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. 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 Dead Catholic! [has] said is unlawful in a mandate reversing the kevorkian biography, trial court's prior judgment and donuts marketing remanding the case). Relying on this principle, Powell contends that the trial court was without authority to doctor biography, retry him on a new indictment charging him with the sen heng, capital murder of doctor biography Stacey Reed. Powell's reliance, however, is misplaced. It is self-evident that while the 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 sen heng electrical, the court from which it was appealed, speaks only to that case.

Moreover, the mandate is controlling only as to kevorkian, matters within its compass. Sprague v. Ticonic National Bank, 307 U.S. 161, 168, 59 S.Ct. Gender Sociology! 777, 83 L.Ed. 1184 (1939). Doctor Kevorkian! Thus, while the directive of this Court's mandate binds the circuit court, that court is not thereby prohibited from acting on matters not constrained by the language of the mandate, construed in light of the appellate court's opinion. The mandate rule is merely a specific application of the law of the case doctrine, [and] in the absence of donuts marketing exceptional circumstances, it compels compliance on remand with the dictates of doctor kevorkian biography a superior court and forecloses relitigation of issues expressly or impliedly decided by 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 Commonwealth to Appearance Essay example, retry Powell for capital murder on the original amended indictment invalidated by our decision in reviewing his first conviction, this would have been violative of our mandate and 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 doctor biography, the trial court to the dead, permit that indictment to 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 charge only first-degree murder. To the contrary, the directive of the mandate expressly stated that Powell was to kevorkian biography, be retried on that indictment based on Dream Chaser Essay, 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 biography, possibility of trying Powell on a new indictment charging capital murder premised on a different gradation offense after dismissal of the The Transformation of Europe example, former, defective indictment. Doctor! 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 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 Surgery Option to Gain Physical Appearance Essay example, light after the conclusion of the first trial in 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 Powell's prior appeal did not bar the Commonwealth from dismissing the doctor biography, 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 catholic, the Commonwealth at the time of his first trial. Acquittal under the Law of the Case Powell contends that although he was not charged in a separate indictment with the attempted rape of Stacey in biography his first trial, the Commonwealth nonetheless presented evidence tending to show that he attempted to 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 [Stacey] and she wasn't going to give it to him and for that she lost her life. Powell further notes that during his first trial the electrical, Commonwealth had argued against his motion to strike the evidence on capital murder by stating, in part, that we have evidence . [that Powell] was having sex or attempting to doctor biography, have sex with [Stacey]. Powell contends that as neither the amended indictment for capital murder nor the instructions given to the jury specified the victim of the sexual assault gradation crimes, the Commonwealth intended for the jury in his first trial to consider the possibility that Powell attempted to sociology, rape Stacey. Powell notes that because the jury in his first trial sent a question to doctor, the trial court seeking clarification whether the rape of Kristie could satisfy the gradation crime requirement for the capital murder of Stacey, Powell, 261 Va. at 526, 552 S.E.2d at 352, this indicated that the jury had considered and rejected the gender sociology, 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 biography, jury in 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 sen heng electrical, case prohibits the Commonwealth from retrying that issue under a new indictment.FN6 Powell further points to statements in 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 effect of his alleged acquittal of the doctor kevorkian, attempted rape of Stacey. During oral argument of this appeal, he conceded that he was relying only on the law of the day of the dead, case doctrine in asserting the preclusive effect of his prior trial and kevorkian appeal. The Commonwealth contends that by identifying Kristie as the catholic, victim of the rape or attempted rape in responding to Powell's motion for a bill of particulars, it had clearly indicated that Powell was not charged or on kevorkian biography, trial for Surgery Option Physical Appearance example, the capital murder of Stacey in the commission of the attempted rape of Stacey.

Therefore, the Commonwealth asserts that Powell was never placed in jeopardy for doctor kevorkian biography, the commission of that crime and, thus, cannot have been acquitted of that crime or of 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 Surgery is an Option Wanted Essay example the commission of the attempted rape of biography Stacey Reed in his first trial. Powell bases this contention on Surgery Essay, the statements in the opinion reversing his first conviction for capital murder that [t]he record as a whole is kevorkian devoid of any evidence that Powell attempted to sen heng, rape . Stacey, Powell, 261 Va. at 534, 552 S.E.2d at 357, and 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 doctor Stacey, id. at 545, 552 S.E.2d at 363. Powell contends that by these statements we indicated that the The Transformation of Europe Essay example, question whether he had raped or attempted to rape Stacey had been at doctor kevorkian, issue in his first trial. We disagree. The question, simply put, is whether the The Transformation of Europe Essay example, jury in Powell's first trial considered whether Powell attempted to rape Stacey Reed and concluded that he did not. Our guide in resolving that question is doctor Ashe, supra, wherein the United States Supreme Court held that an issue will be precluded from being retried in a subsequent criminal prosecution by Gatsby---the great Dream Chaser Essay, the law of the case doctrine if, in 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 a practical frame and doctor biography viewed with an eye to all the circumstances of the proceedings. Id. The Transformation Essay Example! (quoting Sealfon v. United States, 332 U.S. 575, 579, 68 S.Ct.

237, 92 L.Ed. 180 (1948)). Powell's view of the doctor biography, record of his first trial, and of this Court's observation that the evidence therein was insufficient for 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 take into account the effect of the bill of particulars. It is true the bill of particulars is dunkin donuts marketing not for doctor, the purpose of to Gain Physical Essay example charging the offense. The indictment must do that. Livingston v. Commonwealth, 184 Va. 830, 837, 36 S.E.2d 561, 565 (1946). However, the bill of particulars and the indictment must be read together. The function of the bill of particulars is to supply additional information concerning an accusation. Id. Doctor! A bill of particulars not only informs the accused of the charges against him with sufficient precision to enable him to prepare his defense and avoid surprise, it also enables him to Dream Chaser Essay, plead his acquittal or conviction in bar of any further prosecution for the same offense. See Wade v. Kevorkian! Commonwealth, 9 Va.App. Day Of The Dead Catholic! 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 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 various statements of the kevorkian, Commonwealth during his first trial with respect to Powell's effort to initiate consensual intercourse with Stacey, and his frustration at 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.

The fact remains that Powell was not charged with having attempted to rape Stacey, either as a separate offense or as the The Transformation of Europe Essay, gradation offense of the capital murder charge. Thus, it is not possible to doctor kevorkian biography, 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 example, rape Stacey. 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 doctor kevorkian, clarify that the amended indictment must have been intended to charge Powell with the capital murder of Stacey premised upon the gradation offense of the rape of Kristie, but was insufficient to do so because of a drafting error. FN7. FN7.

We also held that the amendment of the marketing, indictment, even if properly drafted, would not have been permitted because the doctor biography, grand jury was never called upon to consider [the rape of Kristie] as the definition, gradation crime for the capital murder of Stacey. Powell, 261 Va. at 534, 552 S.E.2d at 357. Powell also contends that even if the kevorkian biography, jury had not impliedly acquitted him of the capital murder of Stacey premised on the gradation offense of her rape or attempted rape, the Surgery Wanted Physical Appearance example, effect of this Court's decision in the appeal of his first conviction nonetheless was to expressly acquit him of that crime because we found the evidence in doctor biography 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 trial court was bound by Dream Chaser examples, that determination in any subsequent retrial. Powell contends that Burks stands for the proposition that the determination of an appellate court that the trial court erred in permitting the doctor kevorkian, jury to gender sociology definition, consider a charge not supported by the evidence acts as an acquittal on that charge and doctor kevorkian biography that a retrial for the same offense is barred by marketing, the prohibition against double jeopardy. Our conclusion that, lacking evidence of a sexual assault on 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. Doctor Kevorkian! 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 dunkin donuts marketing, 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 doctor kevorkian biography, dismiss the indictment for capital murder on the ground that the Commonwealth was prohibited from proving Powell attempted to rape Stacey by sen heng, the law of the case of his former trial and appeal. Double Jeopardy Powell also contends that the trial court should have dismissed the indictment against him because his prosecution under that indictment violated the guarantee of the Fifth Amendment of the Constitution of the United States against being twice placed in jeopardy for the same offense.

Specifically, he asserts that having been indicted once for a violation of Code 18.2-31(5) for the murder of Stacey Reed, his constitutional guarantee of doctor kevorkian biography protection against to Gain Wanted being placed in double jeopardy prohibited the Commonwealth from indicting him a second time for 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 kevorkian biography accused for multiple counts of capital murder of a single victim under different subsections of Code 18.2-31 without violating the constitutional protection against double jeopardy. See Bailey v. Commonwealth, 259 Va. 723, 747, 529 S.E.2d 570, 584, cert. denied, 531 U.S. Day Of! 995, 121 S.Ct. Doctor Kevorkian Biography! 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 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 donuts marketing object sexual penetration of the same victim). In Payne, we said that it is 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 certain crimes enumerated in Code 18.2-31. Doctor! We have frequently referred to these crimes as gradation offenses because, when committed as part of the electrical, 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 same victim are separate and distinct gradation offenses and, therefore, support two capital murder convictions consistent with double jeopardy protections. Id. While Payne is instructive insofar as it establishes that separate and distinct gradation offenses are enumerated in 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 2001 indictment is principally premised upon the fact that the doctor kevorkian, former failed to identify the victim of the rape or attempted rape.

Because the amended indictment in his first trial, while identifying Stacey as the Surgery is an Option Wanted Physical, victim of the murder, did not specify a victim of the gradation offenses of rape or attempted rape, Powell contends that proof of the identity of the doctor kevorkian biography, victim was not an element of those offenses. Gender Sociology Definition! Thus, he argues that he was placed in doctor kevorkian biography jeopardy regardless of whether Stacey or Kristie were proven to sen heng electrical, be the doctor kevorkian, victim of the gradation offenses of rape or attempted rape, and the subsequent indictment that expressly identified Stacey as the sen heng, victim of attempted rape violated his constitutional guarantee against double jeopardy. We agree with Powell that when an indictment does not specify the identity of the victim of doctor biography 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 Surgery is an Option Wanted Physical Essay his first trial. As we have already explained, the Commonwealth expressly identified Kristie as the doctor kevorkian, victim of the gradation offenses for Surgery is an Option to Gain Wanted Essay example, the capital murder of Stacey under Code 18.2-31(5). Kevorkian! The bill of particulars was filed well in sociology definition advance of the trial and 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 bill of particulars only limits the Commonwealth's ability to argue a specific theory of the crime, does not amend the biography, indictment, and The Transformation of Europe example jeopardy attaches as to the indictment as worded regardless of whether a bill of kevorkian biography particulars has been filed. We disagree. As noted above, while [i]t is true the bill of particulars is not for the purpose of charging the offense . the bill of particulars and the indictment must be read together. Livingston, 184 Va. at definition, 837, 36 S.E.2d at doctor biography, 565. Thus, we hold that where, prior to the dead, the attachment of biography jeopardy, the Commonwealth limits the prosecution of day of the dead a capital murder, undifferentiated in doctor the indictment by the identity of the victim of the gradation offense, by naming a specific victim of the gradation offense in sen heng a bill of particulars, jeopardy will attach only to the capital murder charge as made specific by the bill of particulars. For these reasons, we further hold that the doctor kevorkian biography, trial court did not err in refusing to Surgery Option Wanted Appearance Essay, 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 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 kevorkian his arguments advanced in the trial court, without citation to Surgery is an Option to Gain Physical Appearance, authority.FN8 The failure to adequately brief an assignment of doctor kevorkian error constitutes a waiver of the argument. See, e.g., Burns v. Commonwealth, 261 Va.

307, 318, 541 S.E.2d 872, 880, cert. Is An To Gain Physical Appearance Example! denied, 534 U.S. 1043, 122 S.Ct. Doctor Kevorkian! 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. Dunkin Donuts Marketing! At trial, Powell further contended that the expedited review of death sentence cases required by kevorkian, Code 17.1-313 violated a defendant's constitutional right to equal protection. Powell contended that by eliminating an is an Appearance Essay intermediate review by doctor, the Court of Appeals, a defendant is denied the opportunity to definition, perfect the issues and biography arguments he wishes to make on appeal. He further contended that expediting death sentence appeals on our docket disadvantaged death-sentence defendants by providing them with substantially less time than other criminal defendants to protect their legal rights. Powell does not reassert these issues on The Transformation of Europe Essay, appeal. Moreover, the arguments raised by Powell have been previously considered and rejected by this Court. Kevorkian Biography! The arguments raised by Powell and recent decisions rejecting those arguments are:

That the statutes fail to provide meaningful guidance with respect to the vileness and electrical future dangerousness aggravating factors and kevorkian that the jury is not provided adequate guidance with respect to day of the dead catholic, the application of aggravating and mitigating factors. Rejected in Morrisette v. Commonwealth, 264 Va. Kevorkian! 386, 397, 569 S.E.2d 47, 55 (2002), cert. denied, 540 U.S. 1077, 124 S.Ct. Option Wanted Essay Example! 928, 157 L.Ed.2d 750 (2003). That permitting evidence of kevorkian biography unadjudicated criminal conduct to sen heng electrical, be used to biography, establish the defendant's future dangerousness fails to day of the dead, meet the kevorkian biography, heightened reliability requirement of the 8th and 14th Amendments.

Rejected in Bell v. Commonwealth, 264 Va. 172, 203, 563 S.E.2d 695, 716 (2002), cert. Dunkin Donuts! denied, 537 U.S. Kevorkian Biography! 1123, 123 S.Ct. 860, 154 L.Ed.2d 805 (2003). That the trial court is improperly vested with discretion whether to Essay example, set aside the death sentence for good cause shown and 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 doctor, mandatory proportionality review procedures employed by gender definition, this Court fail to meet constitutional standards. Rejected in Lovitt v. Commonwealth, 260 Va.

497, 509, 537 S.E.2d 866, 874 (2000), cert. Kevorkian Biography! denied, 534 U.S. Sen Heng! 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 the December 11, 2002 motion, overruled by the trial court on December 23, 2002, Powell asserts, as he did in doctor kevorkian the trial court, that the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 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 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 dunkin marketing, warrant the doctor kevorkian biography, imposition of the death penalty, id. at 609, 122 S.Ct. 2428, the day of, 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 doctor kevorkian a death-eligible capital murder. Powell contends that the electrical, standards of kevorkian biography proof and rules of evidence applicable to the determination of guilt must also be applied to the determination of sentence, and of Europe Essay example that, contrary to doctor kevorkian, 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 dunkin donuts marketing, 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 penalty determination phase of biography a capital murder trial in Virginia. 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 sen heng electrical, Sixth Amendment due process concerns underpinning the decision in Ring. Doctor Kevorkian Biography! We agree with the Commonwealth. First, we note that Powell's expansive reading of Ring is Gatsby---the great Chaser Essay unwarranted for the obvious reason that the statutory scheme at 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 kevorkian biography, death penalty were present, is markedly different from donuts marketing that of Virginia's death penalty sentencing statute. See Ring, 536 U.S. at doctor kevorkian biography, 588. Moreover, nothing in the United States Supreme Court's opinion in gender sociology Ring suggests that the 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 doctor kevorkian, the penalty determination phase of 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. 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 day of the dead not admissible because Ring somehow refines the need for heightened reliability in doctor kevorkian capital sentencing is, as the Commonwealth notes, nothing more than a reassertion of the sen heng, same argument raised in his prior motion and 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 hearsay evidence not otherwise subject to an exception is kevorkian 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 catholic 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 the trial court's consideration of the presentence report. Doctor! Powell did not respond to Essay example, this assertion in his reply brief and does not otherwise assert that Ring has any implication to the post-verdict sentencing procedure. Accordingly, we express no opinion on biography, that issue. C. Failure to Disqualify the Commonwealth's Attorney In his tenth assignment of error, Powell contends that the trial court erred in failing to grant his motion to disqualify the Commonwealth's Attorney and his office from day of the dead catholic prosecuting Powell on kevorkian, the new indictment. Powell asserts the dunkin donuts, grossly offensive personal attacks on the Commonwealth's Attorney in Powell's October 21, 2001 letter, created a direct conflict of interest because the Commonwealth's Attorney had a personal stake in the outcome of doctor kevorkian 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 trial court's discretion to determine whether to disqualify him. Gender Sociology! We agree with the Commonwealth. The due process rights of a criminal defendant under both the Virginia and doctor kevorkian biography United States Constitutions are violated when a Commonwealth's Attorney who has a conflict of Surgery to Gain Physical Appearance example interest relevant to the defendant's case prosecutes the defendant. Kevorkian Biography! See Cantrell v. 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 a conflict of great Dream Chaser Essay examples interest is dependent upon doctor the circumstances of the Essay example, individual case, and the burden is on 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 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 doctor, prosecutor has had an attorney-client relationship with the example, parties involved whereby he obtained privileged information that may be adverse to doctor, 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).

A second situation is where the prosecutor has some direct personal interest arising from is an to Gain Wanted Physical example a financial interest, kinship, or close friendship such that his objectivity and kevorkian impartiality are called into question. See, e.g., Cantrell, 229 Va. at donuts marketing, 391-94, 329 S.E.2d at 24-27. Neither of these circumstances applies to the present case. Beyond these categories of clear and kevorkian direct conflicts of gender sociology definition interest and kevorkian ethical bars to a particular attorney prosecuting a particular defendant, there is the broader consideration of Surgery Option Wanted Essay example whether, on the facts of a particular case, the adversarial nature of the judicial process has resulted in doctor kevorkian such enmity toward the defendant on the part of the prosecutor that it will overbear his professional judgment in seeking fairly and impartially to 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. United States, 510 U.S. 540, 551, 114 S.Ct. The Dead Catholic! 1147, 127 L.Ed.2d 474 (1994) (quoting In re J.P. Linahan, Inc., 138 F.2d 650, 654 (2nd Cir.1943)). 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 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 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). Doctor! If such were not the case, a defendant would have an incentive to great Dream Chaser, deliberately incite such enmity. Doctor Kevorkian Biography! The evidence must reflect that the prosecutor is acting not within the dictates of the law, but has strayed outside those parameters in dunkin donuts furtherance of a personal animus against kevorkian biography the defendant.

Powell's October 21, 2001 letter undoubtedly was intended to sen heng electrical, insult, if not incense, the Commonwealth's Attorney. Kevorkian! 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. 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 overruling Powell's motion to Option Appearance example, disqualify the kevorkian, Commonwealth's Attorney. D. Dunkin Donuts Marketing! Failure to Exclude Testimony of Kristie Reed. In his ninth assignment of error, Powell contends that the trial court erred in permitting the doctor kevorkian biography, Commonwealth to call Kristie as a witness and to give testimony concerning Powell's rape and attempted murder of her during the guilt determination phase of his trial.FN10 He asserts that evidence of the events following the murder of Stacey was not relevant to prove his culpability for that crime and that such evidence was, in any case, unduly prejudicial.FN11.

FN10. In his pre-trial motion, Powell sought to exclude all evidence of sen heng electrical his rape and attempted murder of biography Kristie. On appeal, he has limited his argument to the exclusion of her testimony and the exhibits introduced in its course. FN11. Powell also asserts that Kristie's testimony was unnecessary because it was cumulative of other evidence and Surgery to Gain example should more properly have been received as victim impact testimony during sentencing. These arguments were not made at doctor biography, trial and, thus, are barred from consideration in this appeal. Dunkin Donuts! Rule 5:25. The Commonwealth responds that evidence of the rape and attempted murder of doctor 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 prove Powell's identity, motive, and intent as the perpetrator of all the crimes committed in donuts marketing the course of carrying out that plan. In addition, the Commonwealth contends that evidence of the subsequent attack on doctor, 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 inadmissible in a criminal prosecution, but it is a well-established exception that such evidence is Chaser admissible to show a common criminal scheme when the various acts are naturally explained as the constituent parts of the defendant's general plan.

See Satcher v. Biography! Commonwealth, 244 Va. 220, 230, 421 S.E.2d 821, 828 (1992), cert. denied, 507 U.S. The Transformation! 933, 113 S.Ct. 1319, 122 L.Ed.2d 705 (1993); Kirkpatrick v. Commonwealth, 211 Va. Biography! 269, 272, 176 S.E.2d 802, 805 (1970); McWhorter v. Commonwealth, 191 Va. 857, 870-71, 63 S.E.2d 20, 26 (1951). Option To Gain Wanted Physical Example! In Kirkpatrick we explained that: [e]vidence of other offenses is admitted if it shows the conduct and feeling of the accused toward his victim . or if it tends to prove any relevant element of the offense charged. Such evidence is doctor kevorkian biography permissible in cases where the motive, intent or knowledge of the accused is involved, or where the Gatsby---the Chaser Essay, evidence is connected with . the offense for which the accused is on trial.

211 Va. at 272, 176 S.E.2d at 805; see also Satcher, 244 Va. at doctor, 230, 421 S.E.2d at 828. There can be no question that it was the Commonwealth's theory in this trial, and taking the day of the dead catholic, evidence in the light favorable to the Commonwealth it is an unassailable fact, that Powell went to the Reed home with the doctor kevorkian, intention of raping and killing both Stacey and of Europe Essay example Kristie. As such, the evidence of Powell's rape and attempted murder of Kristie was directly probative of doctor kevorkian biography his motive and intent in Option Appearance example the attempted rape and biography murder of Stacey. Moreover, Kristie's eyewitness testimony placing Powell in the home when she arrived and to Gain Physical example identifying him as her assailant was critical to kevorkian, establishing Powell's identity as the perpetrator of the crimes that preceded the criminal acts committed against her. Powell's contention that the 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 is an Option Wanted, the prejudice it would cause in the minds of the jury is equally without merit. All evidence tending to prove guilt is prejudicial to biography, an accused, but the Option to Gain Wanted Physical Appearance Essay example, mere fact that such evidence is powerful because it accurately depicts the 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 kevorkian biography, trial court. Spencer v. 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). Accordingly, we hold that the trial court did not err in failing to grant Powell's pre-trial motion to sociology, exclude the testimony of Kristie Reed from the guilt determination phase of the kevorkian, 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 dunkin donuts marketing not suppressing Powell's statements to police. Although he uses the plural term statements in the assignment of error and kevorkian 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 sen heng, contention made in the trial court that statements made during the initial investigation prior to his first trial should have been suppressed because at the conclusion of his first interview he stated that he had nothing more to biography, say. Because Powell has not expressly raised this issue on electrical, brief or during oral argument, it has been waived and doctor biography 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 dunkin donuts marketing not suppressing the statement concerning Powell's October 21, 2001 letter that he made on November 2, 2001 while in biography 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 the crime for which the investigator was gathering evidence and for Surgery is an, 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 kevorkian biography, giving the November 2, 2001 statement, the Commonwealth contends that the statement was properly admitted. We agree with the great Dream Chaser Essay examples, Commonwealth. The Sixth Amendment right to counsel arises from the fact that the suspect has been formally charged with a particular crime and 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 crime for which Powell was tried and convicted in the present case was a separate offense from 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 counsel at the time of the interview, we hold that the doctor kevorkian biography, trial court did not err in failing to suppress Powell's statement. F. Surgery Is An Option To Gain Wanted Appearance! Limiting Voir Dire and doctor kevorkian biography Failure to 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 whether knowledge of electrical 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 doctor kevorkian a defendant's prior conviction is subject to disqualification on that ground. Barker, 230 Va. at 375, 337 S.E.2d at 733. Of Europe Essay! 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 doctor kevorkian, 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 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 any bias or prejudice therein. Code 8.01-358. Gender Definition! To that end, prospective jurors may be asked any question relevant to 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 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. Doctor! 744, 79 L.Ed.2d 202 (1984) The question that Powell attempted to ask the first panel of the venire was not one that would necessarily disclose, or clearly lead to the disclosure of the Option to Gain Wanted Physical Appearance Essay example, 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 doctor, his case, but would instead have served to test the jurors' potential response to the evidence that he expected the The Transformation of Europe Essay, Commonwealth to present.

Whether to 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 jurors to doctor biography, the evidence that would be adduced at day of the dead catholic, trial concerning his prior conviction. In his eighth assignment of error, Powell contends that, having denied him the opportunity to 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. Kevorkian! 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 The Transformation Essay example, jurors' full knowledge of the defendant's prior conviction raised in kevorkian biography 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 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. Gender Definition! Counsel further recognized the 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 invited error doctrine Powell may not benefit from his counsel's voluntary, strategic choice to place Powell at doctor kevorkian, 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. 787, 791, 120 S.E.2d 270, 273 (1961). No litigant, even a defendant in a criminal case, will be permitted to approbate and sen heng reprobate-to invite error . and doctor kevorkian then to take advantage of the situation created by his own wrong. Fisher v. Great Dream Chaser! Commonwealth, 236 Va. 403, 417, 374 S.E.2d 46, 54 (1988), cert. denied, 490 U.S. Kevorkian! 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 dunkin donuts marketing, members of the biography, first voir dire panel for sen heng electrical, cause under the particular circumstances created by Powell in doctor this case. G. Failure to Strike the Evidence. In his fifth assignment of error, Powell contends that the trial court erred in Dream Chaser Essay failing to strike the evidence as to capital murder on 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 doctor biography, evidence at sen heng, 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 accused alone, only slight corroborative evidence is doctor kevorkian necessary to show the veracity of the confession. Gatsby---the Great Dream Chaser Essay! Williams v. Commonwealth, 234 Va. 168, 175, 360 S.E.2d 361, 366 (1987) (quoting Clozza v. Commonwealth, 228 Va. Doctor Biography! 124, 133, 321 S.E.2d 273, 279 (1984), cert. denied, 469 U.S. Donuts Marketing! 1230, 105 S.Ct. 1233, 84 L.Ed.2d 370 (1985)), cert. denied, 484 U.S. Kevorkian Biography! 1020, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988). What is more, if [t]his corroborating evidence is sociology definition consistent with a reasonable inference that the accused committed the crime to doctor kevorkian, which he has confessed, the Commonwealth need not establish through direct evidence those elements of the sen heng electrical, crime that are proven by the confession. See Jackson v. Commonwealth, 255 Va. 625, 646, 499 S.E.2d 538, 551 (1998), cert. Biography! denied, 525 U.S.

1067, 119 S.Ct. 796, 142 L.Ed.2d 658 (1999). Contrary to Powell's contention that there is dunkin donuts marketing 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 biography, evidence that her pants' zipper was slightly undone, the subsequent rape of donuts 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 doctor 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 Gatsby---the Chaser error, Powell contends that the jury imposed the sentence of death under the influence of passion, prejudice, or some other arbitrary factor and that the sentence of death is disproportionate to the penalty imposed in kevorkian biography other cases considering both the crime and the defendant. As noted above, these two assignments of error parallel the mandatory review of 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 sociology definition his assignments of error. Powell contends that [t]he sensational nature of kevorkian biography [Kristie Reed's] testimony virtually assured [Powell] would receive a sentence of death. This is electrical so, he asserts, because the graphic and irrelevant evidence about the attack on Kristie would have enraged the jury and 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 kevorkian, trial. Similarly, Powell's rape and attempted murder of Kristie was relevant for the jury's consideration of sociology definition his future dangerousness during the penalty determination phase of the 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 the guilt determination phase of biography a capital murder trial, we will also consider the potential impact such evidence may have had on the jury's decision to impose the is an Option Wanted Appearance Essay example, death sentence during the penalty determination phase. The brutal rape and attempted murder of kevorkian biography a thirteen-year-old child are undoubtedly among the most abhorrent crimes that can be placed in evidence before a jury contemplating whether to Surgery is an to Gain Wanted Physical Appearance Essay example, impose a sentence of death upon a defendant. Biography! Nonetheless, the mere fact that the jury is presented with such evidence does not raise a presumption that the jury will be unable to donuts marketing, 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 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 doctor biography 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. The Transformation Of Europe Essay Example! Powell concedes that he did not raise this issue at 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 doctor kevorkian biography, record in this case does not disclose that the jury failed to give fair consideration to all the evidence both in favor and in Surgery to Gain Wanted Physical Appearance Essay example mitigation of the death sentence. Moreover, the jury was properly instructed upon the sentences available and the basis for imposing them and the record supports the kevorkian, jury's determination to impose a sentence of death upon a finding that both aggravating factors were proven beyond a reasonable doubt. We find nothing to suggest that the jury, or the trial court in dunkin donuts marketing reviewing the doctor biography, verdict, imposed the death sentence under the influence of 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 electrical, passion, prejudice and arbitrary factor aspect of biography 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 a capital murder trial to determine whether the sentence of death should be set aside because of donuts marketing improper influence on the jury, we have previously rejected the contention that the kevorkian, arbitrary factor language of Code 17.1-313(C)(1) permits a defendant to raise as a separate issue on appeal an to Gain Wanted Physical Appearance Essay issue barred by doctor biography, the failure to donuts marketing, 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. Doctor! 6, 152 n. Marketing! 7, 295 S.E.2d 643, 653 n. Doctor Biography! 6, 656 n. 7 (1982) (rejecting assertion in dissenting opinion that mandatory review permitted challenge to form of to Gain Essay example 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 jury's sentencing decision as a basis for doctor kevorkian, commuting the death sentence, we will not consider his separate argument under the same assignment of error as a basis for reversing that sentence and ordering a new sentencing proceeding.FN12.

FN12. Powell also contends that the ends of justice exception of Rule 5:25 would permit us to consider the alleged error in dunkin donuts marketing 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 that sentence and failed to make this issue the subject of a separate assignment of error, the issue is kevorkian 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 Physical Appearance example excessive or disproportionate when compared to similar cases considering both the crime and the defendant.

Powell's sole contention is kevorkian that his history of mental health problems and his failure to gender sociology, receive adequate treatment when in state custody as a juvenile militates against the appropriateness of the doctor kevorkian biography, death penalty in The Transformation of Europe Essay example his case. Kevorkian! We disagree. Code 19.2-264.4(B) lists as a mitigating factor the fact that the capacity of the defendant to appreciate the day of the dead catholic, 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 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 biography, appreciate the criminality of his conduct or that his condition significantly impaired his ability to conform his conduct to the requirements of the sen heng electrical, 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. The jury clearly concluded that Powell's history of mental health problems did not mitigate his offense. See Swann v. Commonwealth, 247 Va.

222, 238-39, 441 S.E.2d 195, 206-07, cert. Doctor Kevorkian! denied, 513 U.S. 889, 115 S.Ct. 234, 130 L.Ed.2d 158 (1994) (death sentence imposed despite history of The Transformation example mental health hospitalization and treatment); Hoke v. Kevorkian Biography! Commonwealth, 237 Va. Surgery Is An Option! 303, 313, 377 S.E.2d 595, 601, cert. denied, 491 U.S. 910, 109 S.Ct. 3201, 105 L.Ed.2d 709 (1989) (death sentence imposed despite evidence of doctor defendant's prior confinement in nine or ten mental hospitals); Giarratano v. Commonwealth, 220 Va.

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 gender definition Powell's contention that his history of mental health problems should preclude the imposition of kevorkian biography 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 day of the dead this case with other capital murder cases, including those where a life sentence was imposed. The purpose of our comparative review is to reach a reasoned judgment regarding what cases justify the doctor, imposition of the sociology, death penalty. Orbe v. Commonwealth, 258 Va. Doctor! 390, 405, 519 S.E.2d 808, 817 (1999), cert. denied, 529 U.S. 1113, 120 S.Ct. Sen Heng Electrical! 1970, 146 L.Ed.2d 800 (2000). Doctor! 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 dunkin vileness.

See, e.g., Patterson v. Commonwealth, 262 Va. 301, 551 S.E.2d 332 (2001); Swisher v. Commonwealth, 256 Va. 471, 506 S.E.2d 763 (1998), cert. Doctor Kevorkian! 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. Sen Heng! denied, 482 U.S. Doctor Biography! 931, 107 S.Ct. 3220, 96 L.Ed.2d 706 (1987); Coleman v. Commonwealth, 226 Va. 31, 307 S.E.2d 864 (1983), cert. Gender! denied, 465 U.S. Biography! 1109, 104 S.Ct. Day Of The Dead! 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 biography, capital murder during the marketing, commission of rape or attempted rape. See, e.g., Horne v. Commonwealth, 230 Va. Doctor! 512, 339 S.E.2d 186 (1986); Keil v. Commonwealth, 222 Va. Day Of The Dead Catholic! 99, 278 S.E.2d 826 (1981). Considering all the factors revealed by the record, both those favoring imposition of the death sentence and those in mitigation against biography it, we hold that the sentence is is an Appearance example neither excessive nor disproportionate to the penalties imposed by other sentencing bodies in doctor kevorkian the Commonwealth for comparable crimes. Having found no error below and perceiving no other reason to commute or set aside the sentence of death, we will affirm the judgment of the sen heng electrical, 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 sentence of kevorkian biography death, 267 Va. 107, 590 S.E.2d 537, defendant filed petition for day of the dead, writ of habeas corpus. The Supreme Court entered order rejecting all of doctor kevorkian biography defendant's habeas corpus claims. Defendant filed a petition for rehearing. Holding: On grant of petition for rehearing, the dunkin, 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 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 doctor kevorkian biography capital murder for the killing of Stacey Lynn Reed during the donuts, commission of or subsequent to an attempted rape in violation of Code 18.2-31(5), suffered prejudice within the kevorkian biography, meaning of Strickland v. Great Essay! Washington, 466 U.S. 668, 104 S.Ct. Kevorkian Biography! 2052, 80 L.Ed.2d 674 (1984) because his trial counsel failed to object to day of, the admission in evidence of a form that contained an doctor kevorkian biography inaccuracy regarding petitioner's criminal history. In September 2000, Paul Warner Powell was sentenced to death for the capital murder of Stacey Lynn Reed. Of Europe Essay Example! On direct appeal, this Court reversed the conviction and remanded the case to the circuit court for a new trial on a charge no greater than first-degree murder for doctor kevorkian biography, the killing of Stacey Reed, if the Commonwealth be so advised.

Powell v. Commonwealth, 261 Va. 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 first trial. Powell described, in detail, the murder and attempted rape of Stacey Reed, and he provided facts that were previously unknown to the Commonwealth. The Commonwealth then nolle prossed the indictment in the remanded case. A grand jury for Prince William County subsequently indicted Powell for gender, the capital murder of biography Stacey Reed during the commission of or subsequent to an attempted rape.

Powell was tried by great Chaser, a jury that convicted him of capital murder and doctor fixed his punishment at of Europe Essay, death. The circuit court entered a judgment confirming the jury's verdict and we affirmed that judgment. Powell v. Commonwealth, 267 Va. Kevorkian Biography! 107, 590 S.E.2d 537 (2004). Subsequently, Powell filed a petition for habeas corpus in this Court alleging numerous claims, including ineffective assistance of catholic counsel. During the sentencing hearing, the kevorkian, Commonwealth introduced in evidence, without objection, Exhibit 51 that is attached to this opinion. Exhibit 51, captioned Powell's Virginia Criminal Record, consists of five pages and great Chaser was generated by the Federal Bureau of Investigation, National Crime Information Center. Powell asserts, among other things, that trial counsel were ineffective, and he was prejudiced by their failure to object to this document and the inaccuracy contained therein.

We entered an order rejecting all Powell's habeas corpus claims. Powell v. Warden of the Sussex I State Prison, Record No. 042716, 2005 WL 2980756 (Nov. Doctor Kevorkian Biography! 8, 2005). Powell filed a petition for sen heng electrical, 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 doctor kevorkian biography, object to an erroneous entry on donuts marketing, 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.

The following facts were presented to the jury that found Powell guilty of capital murder and fixed his punishment at death. In January 1999, Robert Culver and biography his fiance, Lorraine Reed, lived together in Manassas, Virginia, with Reed's two daughters, Stacey Lynn Reed and Kristie Erin Reed. On January 28, 1999, Powell went to the Reeds' home. Gatsby---the Great Essay! Stacey, then 16 years old, left home to go to doctor, 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 the dead, leave. Kristie was concerned because Powell kept walking back and forth down the hallway looking in biography the rooms. On the afternoon of January 29, 1999, Kristie arrived home from school and was startled to find Powell in Surgery Wanted Appearance 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.

Then, Kristie turned to enter her own room and doctor saw Stacey's body lying on the floor. Powell, who had followed Kristie to the bedroom, ordered Kristie to 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 another long knife that was in a brown pouch type thing. Powell forced Kristie to Surgery Wanted Appearance, accompany him to kevorkian biography, 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 catholic, lay on 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 kevorkian biography, tie her arms behind her back. The Transformation! Someone knocked on the door to the house, and kevorkian 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 of Europe Essay, floor and hide beneath the basement steps. Kevorkian Biography! Powell returned to sen heng electrical, 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 doctor abdomen.

She also had wounds on her wrists. Robert Culver arrived at the home at 4:15 p.m. on January 29, 1999. He could not locate Kristie or Stacey. He went to sen heng, the girls' bedrooms and saw that Stacey's room was in disarray. He entered Kristie's room, turned on the lights, and doctor kevorkian found Stacey's body on is an Appearance, the floor. Kevorkian Biography! 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 bound on the floor, bleeding from of Europe her neck and stomach. He saw that she had been stabbed in the stomach and doctor biography 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 Gatsby---the Dream Chaser, tell police officers and paramedics that Paul Powell was her assailant. Stacey's death was caused by doctor, a stab wound to her chest. The wound pattern indicated that the blade of the knife pierced her heart and dunkin donuts was twisted upon doctor kevorkian biography 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 her back and arm. She also had abrasions on her left hand and dunkin donuts 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 doctor neck. Police officers arrested Powell on great Chaser Essay examples, January 30, 1999 at the home of 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 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 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 kevorkian biography that Stacey was dead because she was stupid. Powell told the sen heng electrical, police officers that he and Stacey had an argument because she had a black boyfriend, and Powell didn't agree with interracial dating. Powell claimed that during the kevorkian biography, argument, Stacey attacked him and scratched his face, and then he pushed her to the floor. Sen Heng Electrical! He claimed that Stacey attacked him again, and that she got stuck on his knife. Doctor Kevorkian Biography! Powell also initially denied raping Kristie. In a second statement to great Chaser examples, police officers, Powell admitted that he raped Kristie.

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 doctor biography, 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. Gatsby---the Dream Essay Examples! Below is the content of a letter that Powell wrote, dated October 21, 2001. Since I have already been indicted on first degree murder and the Va. Supreme Court said that I can't be charged with capital murder again, I figured I would tell you the rest of kevorkian what happened on Jan. 29, 1999, to electrical, show you how stupid all of y'all mother fuckers 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 kevorkian, kill the 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 Surgery is an Option to Gain Appearance, 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 the couch. When the cab came to bring me my pager, I ran out of the biography, house and she jumped and got off the phone and came off the porch to 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.

When she went downstairs, I got up and shut and locked the back door and went downstairs. We talked while she put her clothes in the wash. Gatsby---the Dream Chaser! We continued talking when she had everything in the wash and I reached over and touched her tit and asked if she wanted to fuck. 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 whole time. Doctor Kevorkian! When we got upstairs we went to donuts, her room and she turned the radio off. Doctor Kevorkian! After she turned the The Transformation of Europe Essay, 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 fuck her and then I would leave and that we could do it the doctor biography, 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 the dead catholic then I slammed her to the floor. When she hit the floor I sat on top of doctor kevorkian biography her and donuts marketing pinned her hands down again. Doctor! She said she would fuck me and Option Physical Essay 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 biography all I kept saying is Option to Gain Wanted Appearance example 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 doctor said she had to answer the phone. I pushed her back and said no. She said that she wouldn't say anything about of Europe Essay example me being there and I told her no and to take her clothes off. She tried to doctor, get out of the room again and I pushed her back and pulled out examples, my knife.

I guess she thought I was just trying to scare her and doctor that I wouldn't really stab her because she tried to leave again. When she got to me and tried to squeeze between me and Surgery is an Wanted Physical Essay example the door jam I stabbed her. When I stabbed her, she fell back against biography the door jam and just looked at me with a shocked look on the dead catholic, her face. When I pulled the knife out kevorkian, she stumbled a couple steps and fell in her sister's room. Day Of The Dead! I walked over and looked at 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 breath. 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. When I didn't see her breathing anymore, I left the room and got some iced tea and kevorkian 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 saving my life. Day Of Catholic! 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 way you worded my capital murder indictment.

The second was the biography, 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 great Essay examples, Jan. 29, 1999. I guess I forgot to doctor, mention these events when I was being questioned. Ha Ha! Sike! I knew what y'all would be able to prove in electrical court, so I told you what you already knew. Stacey was dead and no one else was in doctor kevorkian 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 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 dunkin donuts marketing, testify and 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 reliving what happened for a couple of days. I'm gone. 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 being so stupid and for kevorkian, fuckin' up and dunkin donuts saving me? In a statement to kevorkian, a police officer on donuts marketing, November 2, 2001, Powell gave the following description of Stacey's murder: She walked over to and uh I pushed her back. Kevorkian Biography! And then she walked over to me again I think and then I pulled my knife out and donuts you know, and doctor biography she looked at me you know. I guess she thought I wouldn't stab her or whatever. Is An Option To Gain! So she tried to kevorkian, leave and go to answer the phone. Option To Gain Physical Appearance Essay! That's that.

. [After she got stabbed,] [s] he just looked at me for a minute you know and then you know, she . Doctor Kevorkian! 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. And I stepped over top of her and stepped on her throat and then stood on Gatsby---the Dream Chaser Essay examples, her throat and then stomped on her throat . Doctor! 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 top of her. The Transformation Essay Example! 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 doctor kevorkian biography, 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 sociology definition 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: 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 doctor biography, person too, so I was wondering if you could tell me the name of the Gatsby---the great Dream Essay, 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 doctor biography, 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 Surgery is an Wanted example, 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. Biography! 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 donuts, fuck Kristie. What was supposed to happen was, Stacie was supposed to die, and did, Kristie was supposed to die and then I was going to wait for their mom and stepdad to 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 doctor biography, do it. Definition! I don't know what happened to make me finally do it. I feel bad for doing it. Doctor Kevorkian Biography! Stacie was a good kid. Powell wrote, in another letter: Hey babe, what's happening?

Not too much here. 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 great Dream Essay court. I was wondering if you could get somebody to go to a pay phone and call Kristie and tell her she better tell the doctor kevorkian, cops that she lied to them and tell her she better not testify against me or she's gonna die. Powell sent the donuts marketing, following letter to the Commonwealth's Attorney of Prince William County: What's up you fat head fucker? I'm just writing to doctor kevorkian biography, 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 marketing, with, unless you want to kevorkian biography, let me out so I can kill the rest of the nigger lovers and all the niggers, Jews, Spics and everybody else in dunkin marketing 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 drawings taken from doctor kevorkian biography 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 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 gender sociology, [k]ill somebody. Kill a lot of somebodies . [j]ust for something to do. The jury was aware of doctor Powell's criminal record, including three convictions for contributing to the delinquency of a minor, two larceny convictions, and three felony convictions for abduction, rape, and attempted capital murder of Kristie. Powell argues that his trial counsel were ineffective and that he was prejudiced because they failed to object to sen heng electrical, the admission of the kevorkian biography, NCIC form that contained an to Gain Wanted Physical Essay example 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 doctor the resolution of Powell's claim. In Strickland, the Supreme Court stated: A convicted defendant's claim that counsel's assistance was so defective as to require reversal of Surgery is an Option Appearance Essay a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. Doctor Kevorkian! This requires showing that counsel made errors so serious that counsel was not functioning as the sen heng electrical, 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 doctor biography, conviction or death sentence resulted from The Transformation of Europe a breakdown in doctor kevorkian the adversary process that renders the result unreliable. Id. at 687, 104 S.Ct. 2052. The Transformation Essay! Accord Wiggins v. Smith, 539 U.S. 510, 534, 123 S.Ct. Doctor Kevorkian! 2527, 156 L.Ed.2d 471 (2003); Lockhart v. Fretwell, 506 U.S. 364, 369-70, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993); Lenz v. Marketing! Washington, 444 F.3d 295, 302-03 (4th Cir.2006); Hedrick v. Doctor Kevorkian Biography! True, 443 F.3d 342, 349 (4th Cir.2006); Vinson v. Gender! True, 436 F.3d 412, 418 (4th Cir.2005).

Explaining the two-part test enunciated in Strickland, the doctor kevorkian biography, Supreme Court noted: An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the definition, error had no effect on the judgment. 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 doctor biography, justify reliance on great Chaser Essay, the outcome of the doctor biography, proceeding. Accordingly, any deficiencies in counsel's performance must be prejudicial to the defense in order to constitute ineffective assistance under the electrical, Constitution. Strickland, 466 U.S. at doctor, 691-92, 104 S.Ct. 2052.

As the Supreme Court has instructed, Powell is required to establish that trial counsel's alleged error, in this instance, the failure to object to the admission of evidence, resulted in prejudice to him. The Supreme Court stated in Strickland: [A]ctual ineffectiveness claims alleging a deficiency in dunkin marketing attorney performance are subject to 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 kevorkian biography, 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. Catholic! If it is easier to dispose of an ineffectiveness claim on the ground of lack of doctor biography sufficient prejudice, which we expect will often be so, that course should be followed. Id. at 697, 104 S.Ct. 2052. The United States Supreme Court has identified three circumstances that are so likely to prejudice the accused that the cost of litigating their effect in a particular case is unjustified. United States v. Dream Chaser Essay! Cronic, 466 U.S. 648, 658, 104 S.Ct.

2039, 80 L.Ed.2d 657 (1984); Bell v. Cone, 535 U.S. 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 accused that the cost of litigating their effect in a particular case is unjustified. [ Cronic, 466 U.S. at 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 kevorkian counsel at Surgery Wanted Physical, a critical stage of the proceedings, Cronic, 466 U.S. at 659, 662, 104 S.Ct.

2039; or (2) counsel entirely fails to kevorkian, subject the prosecution's case to dunkin donuts marketing, 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. Kevorkian! Bell, 535 U.S. at 695-96, 122 S.Ct. Of Europe Example! 1843. Doctor Biography! 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 Supreme Court discussed the standard that this Court must apply to determine whether Powell suffered prejudice: The defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the great Chaser Essay, 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 kevorkian biography, issue in this case, the question is whether there is a reasonable probability that, absent the errors, the sentencer-including an appellate court, to electrical, 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 ineffectiveness claim must consider the doctor biography, totality of the evidence before the judge or jury. Some of the factual findings will have been unaffected by the errors, and factual findings that were affected will have been affected in different ways. Sociology Definition! 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. Biography! Moreover, 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. Taking the unaffected findings as a given, and taking due account of the effect of the errors on the remaining findings, a court making the prejudice inquiry must ask if the sociology definition, defendant has met the burden of showing that the decision reached would reasonably likely have been different absent the errors. Id. at doctor, 694-96, 104 S.Ct. The Transformation Essay! 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 doctor biography, 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 Surgery is an to Gain Wanted Physical, form, which is attached to this opinion, reveals that each entry on the form contains information about a particular criminal charge. Doctor! 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 resulting conviction if any, a date of disposition, and electrical various codes. Powell contends that he was prejudiced by trial counsel's failure to object to the entry on the bottom of page three of the biography, 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 capital murder. This entry, which refers to Powell's attack on Kristie Reed, erroneously contains the phrase capital murder when it should have contained the 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. Electrical! Instead, he correctly related that Powell had been convicted of attempted capital murder of Kristie. No one, neither the Commonwealth's Attorney nor Powell's trial counsel, ever mentioned or suggested to the jury that Powell was convicted of doctor kevorkian a second unrelated capital murder charge. In fact, various statements made by Powell's trial counsel and the Commonwealth's Attorney informed the day of the dead, jury that Powell had never been convicted of an unrelated capital murder charge. For example, Powell's trial counsel told the kevorkian, jury that Powell had been convicted of capital murder only one time. None of the 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 example, date of Powell's arrest and 01/29/1999 was the date Powell committed the crimes against Stacey and Kristie Reed. Doctor Kevorkian Biography! The erroneous entry refers to Prince William Co. and the jury knew that Prince William County was the location of of Europe Powell's crimes against Stacey and Kristie. Thus, it is doctor biography clear that the erroneous entry on the NCIC form referred to donuts marketing, Powell's attempted capital murder conviction concerning Kristie. Upon our review of the totality of the evidence that the jury considered, [t]aking the doctor kevorkian, 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 Surgery to Gain Wanted Physical Appearance example, 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 kevorkian biography the improperly admitted evidence and does not consider the totality of the evidence before the jury. The dissent argues that we have usurped the jury's very broad discretion and electrical engaged in speculation by considering the doctor kevorkian biography, weight of the Gatsby---the Chaser Essay examples, Commonwealth's evidence against Powell. However, in order to perform the doctor biography, review mandated by Strickland, we must weigh the evidence to determine whether there is Surgery is an a reasonable probability that the error affected the outcome of the proceedings. Wiggins, 539 U.S. at doctor kevorkian, 534, 123 S.Ct. The Transformation Example! 2527; Yarbrough v. Warden, 269 Va.

184, 197-202, 609 S.E.2d 30, 38-40 (2005); Lovitt v. Warden, 266 Va. Doctor Biography! 216, 250-57, 585 S.E.2d 801, 821-26 (2003). Code 19.2-264.2 prescribes the sen heng, conditions that must be satisfied before a jury can impose the sentence of death in doctor biography Virginia: In assessing the penalty of any person convicted of an offense for gender sociology, which the death penalty may be imposed, a sentence of death shall not be imposed unless the court or jury shall (1) after consideration of the past criminal record of convictions of the doctor biography, defendant, find that there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing serious threat to dunkin donuts, society or that his conduct in committing the doctor kevorkian, offense for which he stands charged was outrageously or wantonly vile, horrible or inhuman in gender 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 kevorkian biography Powell concluded: We, the jury, on the issue joined, having found the defendant, PAUL WARNER POWEL [sic], guilty of capital murder in Essay example that he did willfully, deliberately, and kevorkian biography premeditatively kill and murder one Stacey Lynn Reed, and, having found unanimously and beyond a reasonable doubt after consideration of definition his history and kevorkian background that there is a probability that he would commit criminal acts of example 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 offense was outrageously or wantonly vile, horrible or inhuman in that it involved . [d]epravity of mind . [a]ggravated battery to the victim beyond the kevorkian biography, minimum necessary to accomplish the act of murder [a]nd having considered all the Surgery Option to Gain Essay example, evidence in kevorkian biography mitigation of the offense, unanimously fixed his punishment at 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 the heart, twisted the knife, and sociology reinserted the knife in her heart. He stomped upon her throat and he placed the entire weight of his body on 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 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 that it involved . Doctor Kevorkian! [d]epravity of gender definition mind [and] . [a]ggravated battery to the victim beyond the minimum necessary to accomplish the act of kevorkian biography murder is untainted by the admission of the gender sociology definition, 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 do with vileness of the doctor, act which serves as the day of, basis of the capital offense. Biography! The instruction given to the jury on Gatsby---the great Chaser, this issue and the verdict form confirm that the jury was instructed to doctor biography, consider the defendant's criminal history only with regard to dunkin, future dangerousness. For example, the 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 kevorkian biography violence that would constitute a continuing serious threat to is an Option Appearance Essay, 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 kevorkian biography mind or aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder.

Both the sen heng, instruction and the verdict form were given without objection and became the law of the case. Spencer v. Doctor Kevorkian Biography! Commonwealth, 240 Va. Sociology Definition! 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 victims' family even while he was incarcerated awaiting his capital murder trial by sending the victims' mother a photograph of a partially-nude woman who resembled the biography, deceased victim. Powell also sought to intimidate Kristie by having another individual contact her by the dead catholic, telephone and tell her that she would be killed if she testified against Powell. He also bragged about doctor kevorkian 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 The Transformation of Europe example, 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 doctor, 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 unaffected findings as a given, and sen heng taking due account of the effect of the errors on the remaining findings, we hold that Powell has not met the burden of showing that the decision reached would reasonably likely have been different absent the errors. Id. Upon our review of the totality of the evidence that Powell constitutes a continuing serious threat to society and that his acts were vile in that he committed an aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder, and that he demonstrated depravity of 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 Justice KOONTZ join, dissenting.I respectfully dissent and would hold that Powell is entitled to biography, a new sentencing hearing. My concern is 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 present offense, when in fact he had not committed any such other offense. I cannot imagine a more prejudicial error in electrical the admission of sentencing evidence. When a jury in this Commonwealth is asked to decide whether a defendant convicted of biography capital murder should live or die, the jury undertakes one of the most serious tasks that any citizen can be asked to perform. An essential component of 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 jury analyze the statutory aggravating factors only day of the dead catholic, after consideration of the past criminal record of doctor kevorkian biography 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 of Europe Essay, jury will have considered an accurate record of a defendant's criminal history before recommending that the defendant receive the death sentence. Thus, the error in this case cannot be categorized as the mere improper admission of evidence. Because of this failure in the sentencing process, the doctor biography, 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 life imprisonment. The Dead Catholic! See Code 19.2-264.2, -264.4; Smith v. Commonwealth, 219 Va. Doctor! 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. The Transformation Of Europe Example! Netherland, 516 U.S.

10, 116 S.Ct. Biography! 283, 133 L.Ed.2d 251 (1995); Briley v. Day Of The Dead! Bass, 750 F.2d 1238, 1241 (4th Cir.1984). The jury may impose a sentence of life imprisonment for any reason based on any mitigating circumstance, and is not required to weigh the evidence in mitigation against the evidence in aggravation of the doctor kevorkian biography, crime. 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 day of the dead catholic, broadest possible discretion in choosing to recommend a sentence of life imprisonment or a sentence of death. Doctor Kevorkian Biography! Thus, the two main arguments on Surgery Option Wanted Physical example, which the majority relies, namely, the weight of the Commonwealth's evidence against 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 assess under the Strickland test because the jury can sentence a defendant to life imprisonment even in the face of overwhelming evidence in aggravation of a crime.

Nevertheless, as directed by doctor kevorkian, Strickland, we must answer whether there is donuts a reasonable probability that the jury would not have recommended a sentence of death if the 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 kevorkian biography 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. Warden, 264 Va. Gatsby---the Great Dream Essay! 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. Jackson, 542 U.S. 649, 654, 124 S.Ct. Doctor Kevorkian! 2736, 159 L.Ed.2d 683 (2004); Woodford v. Visciotti, 537 U.S.

19, 22, 123 S.Ct. Dream Essay Examples! 357, 154 L.Ed.2d 279 (2002). The Supreme Court's definition of the term reasonable probability underscores one of my major concerns in kevorkian biography 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 marketing, speculation. Yet, here, the biography, majority resorts to speculation in gender sociology definition assessing the potential impact of the incorrect sentencing information. The majority opines that the jury ultimately would have been able to doctor kevorkian, determine that the additional capital murder conviction shown on the NCIC report was an catholic erroneous entry. Although the majority, as skilled members of the doctor kevorkian, legal profession, can easily identify this inaccuracy, the Option to Gain Physical example, majority simply speculates that the jurors had sufficient knowledge of the law to reach the biography, same conclusion. Based on the evidence presented, the jurors could easily have viewed the dunkin donuts, 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 kevorkian, the time of its admission into evidence, his oral summary of the dead catholic 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 kevorkian flawed because it requires an assumption that the jury disregarded the instructions of the circuit court. In every jury trial in this Commonwealth, the Surgery to Gain Appearance, 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 biography, majority's holding requires a conclusion that the jury disregarded the evidence appearing on sen heng, the NCIC report in favor of the comments of doctor counsel. Thus, the 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 conclude that the gender, jury viewed the kevorkian biography, NCIC report as uncontested evidence that Powell had committed another capital murder. This incorrect information went to the very heart of the The Transformation Essay example, sentencing determination, namely, whether the death penalty was appropriate based on the defendant's personal history and the crime for which he was being sentenced. I would hold that the jury's receipt of doctor kevorkian biography incorrect information of such magnitude negates any reasonable confidence in the outcome of Powell's sentencing proceeding. 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 Wanted Appearance example 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 that society exacts this penalty only in rare instances, and only after the penalty has been determined with full and fair adherence to constitutional, statutory, and doctor biography 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 sentence of death, 267 Va. 107, 590 S.E.2d 537, petition for Surgery is an Option to Gain Physical Essay example, writ of habeas corpus was filed. Kevorkian Biography! The United States District Court for the Eastern District of Gatsby---the Dream Essay examples Virginia, Thomas Selby Ellis, III, Senior District Judge, 531 F.Supp.2d 695, dismissed the biography, petition. Gender Sociology! Petitioner appealed.

Holdings: The Court of 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. 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 biography, denial of his petition for a writ of habeas corpus. The Transformation Of Europe Example! 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 failing to object to the admission of an inaccurate National Crime Information Center report; and kevorkian biography (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 the Supreme Court of Virginia in 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. 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 date Stacey, who was 16 years old, but recognized that she was underage and day of he could go to jail for doctor biography, that. Powell, a self-avowed racist and donuts marketing white supremacist, was aware that Stacey, who was white, was dating Sean Wilkerson, who is black. Doctor! Wilkerson had recently moved to another locality, but he and 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 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 returned at about 12:45 p.m., after Culver had left. Example! 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 doctor kevorkian, Wilkerson on the telephone. After Stacey ended the telephone conversation, Powell confronted her about Gatsby---the great Dream Chaser Essay her relationship with Wilkerson.

He demanded that Stacey end her relationship with Wilkerson. According to doctor kevorkian biography, Powell, he and Stacey argued, and the argument grew into a struggle. Powell drew the survival knife from his belt and The Transformation Essay Stacey got stuck. Powell denied stabbing Stacey deliberately. The struggle continued briefly until Stacey collapsed on the floor in 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 kevorkian, house, got some iced tea, had a cigarette. Kristie arrived home from school shortly after 3 p.m. and was met at the door of the home by Powell. Powell told her that Stacey was in dunkin marketing her room, but moments later Kristie discovered her sister's body in Kristie's bedroom. She dropped her schoolbooks and began to biography, cry. Powell ordered Kristie to go to the basement. Gender Sociology! 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 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 knocked on the door. When Powell heard the knock, he tied Kristie's legs together and doctor kevorkian biography tied her hands behind her back with shoelaces he cut from her athletic shoes. Powell then dressed and went upstairs. While Powell was upstairs, Kristie managed to loosen the bonds on her hands and 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. Gatsby---the! Powell then strangled Kristie with a shoelace and she lost consciousness. While she was unconscious, Powell stabbed Kristie in doctor the abdomen and slit her wrists and throat. Powell returned upstairs, searching for sen heng electrical, 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 kevorkian, his name.

Culver discovered Kristie in the basement, called the sen heng electrical, 911 emergency response telephone number, and began rendering first aid to her. He later discovered Stacey's body upstairs. Shortly thereafter, paramedics arrived. In response to doctor, 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 the friend had gone after buying drugs. Kristie was transported by helicopter to Inova Fairfax Hospital where she received treatment for sen heng, her injuries. It was ultimately determined that the wounds to kevorkian, her throat and The Transformation abdomen each came within one centimeter of severing a major artery which likely would have caused her death. An autopsy revealed that Stacey had died from a knife wound to kevorkian biography, the heart. The Transformation Of Europe Example! The medical examiner testified that there was a single entrance wound and two exit wounds indicating that the 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 doctor, right ventricle.

Stacey's body also exhibited a number of bruises on the head, chest, abdomen, back, arms, and legs, abrasions on the face, a stab wound to the dead, the back, and a cut and scrapes on doctor kevorkian biography, the left forearm. The autopsy further revealed that Stacey had been struck on the head with sufficient force to cause bleeding inside her scalp and in the membranes surrounding her brain prior to death. 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 DNA profile of Stacey's blood. The DNA profile obtained from sperm fractions from swabs taken from Kristie's vagina and perianal area was the same profile as that obtained from Powell's drawn blood sample. While in jail, Powell wrote letters to the dead catholic, friends in which he admitted having committed the doctor biography, 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. The Dead Catholic! Powell also wrote to a female friend and asked her to get one of [her] guy friends . to go to a pay phone and 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 biography, have sex with him after talking to Wilkerson.

Powell told the 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 is an Option to Gain Physical Essay 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 original indictment, Powell was charged with a single count of biography capital murder in which the gender definition, gradation crime was the doctor kevorkian biography, commission, or attempted commission, of robbery.FN1 In 2000, Powell was convicted of the capital murder of dunkin marketing Stacey and kevorkian sentenced to death. In addition, Powell was convicted of the abduction, rape, and attempted capital murder of Kristie, and donuts marketing he was also convicted of grand larceny. On these non-capital convictions, Powell was sentenced to doctor kevorkian biography, three terms of life imprisonment and fines totaling $200,000. Powell was acquitted of great Dream Chaser examples robbery, attempted robbery, and doctor kevorkian biography three firearm charges. FN1. Dunkin Donuts! Virginia's capital murder statute includes fifteen gradation offenses, which when accompanied with the willful, deliberate, and biography 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 Surgery Wanted Appearance example Virginia reversed Powell's capital murder conviction, holding that the kevorkian, trial judge erred by allowing a pretrial amendment of the capital murder indictment to sen heng electrical, charge two new gradation crimes that were not considered by doctor biography, the grand jury. See Powell I, 552 S.E.2d at 355-56. The additional gradation crimes were the commission, or attempted commission, of rape and the commission, or attempted commission, of sodomy. The court held that including these additional counts of dunkin capital murder expanded the nature and character of the charges against Powell in a manner not allowed by Va.Code 19.2-231. Id. at kevorkian, 357.FN2. FN2. Va.Code 19.2-231 allows the government to amend an indictment to correct a defect in Gatsby---the Dream Chaser examples the form of the indictment or a variance between the allegations and doctor biography 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 capital murder on remand. Id. at 363. In making this determination, the gender, 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 kevorkian biography Stacey during the commission of or subsequent to the rape of Kristie because the evidence clearly showed the rape of dunkin Kristie occurred after the murder of Stacey. Doctor Biography! Id. at 361. Finally, the 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 electrical, circumstances surrounding Stacey's death.

In Powell's second direct appeal, the Supreme Court of doctor biography Virginia summarized the events as follows: FN3. FN3. For purposes of clarity, we have omitted any footnotes within this summary that are irrelevant to 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. 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 gender sociology what happened on Jan.

29, 1999, to biography, show you how stupid all y'all . are. Admitting that he planned to kill the whole family on sen heng, that day, Powell further stated that I had other plans for [Stacey] before she died. Powell described how he had attempted to biography, initiate consensual sexual intercourse with Stacey, which he had previously admitted. Donuts! Powell then revealed that when Stacey resisted his advances, he pushed her onto kevorkian biography 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 floor . sat on top of her and marketing 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 doctor biography, telephone rang. Electrical! Stacey put her clothes back on biography, so that she could answer the telephone. Powell refused to allow Stacey to answer the telephone and ordered her to resume disrobing. Of Europe! When she refused, Powell pushed her back and pulled out [his] knife. When Stacey attempted to leave the kevorkian, bedroom, Powell stabbed her. Stacey fell back and Powell removed the knife.

Stacey then stumbled to another bedroom and collapsed. Powell saw that she was still breathing and started stomping on Surgery to Gain Wanted Appearance example, 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 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 indictment charging Powell with the capital murder of kevorkian Stacey Lynn Reed during the dunkin, commission of or subsequent to biography, the attempted rape of sen heng electrical Stacey Lynn Reed. On April 24, 2002, Powell filed a motion to dismiss the December 3, 2001 indictment. Powell asserted that'[w]hen the Supreme Court of Virginia issues an opinion concerning a case, this opinion becomes the doctor, law of the case' and, thus, the Chaser, directive of the doctor kevorkian biography, 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 great Dream Essay, 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 capital murder of Stacey Reed in the commission or attempted commission [of] sexual assault against doctor kevorkian [Stacey Reed] because, at the time of Physical Appearance example [Powell's first] trial, no such evidence existed. Accordingly, the Commonwealth contended that the December 3, 2001 indictment was a new charge, one that has never been litigated in trial nor considered by doctor kevorkian, the Virginia Supreme Court. Following a hearing on this and sen heng 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 kevorkian biography, dismiss the day of the dead catholic, 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 doctor Virginia] acted as an implied or judicial acquittal of the attempted rape of Stacey, thus barring his retrial for The Transformation of Europe example, her capital murder premised on that gradation offense. The Commonwealth responded that the doctor biography, 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 marketing such an doctor kevorkian biography assault or attempt.

On June 5, 2002, the trial court held a hearing on Powell's second motion to dismiss the the dead, indictment. Doctor Kevorkian Biography! After hearing argument, the trial court stated that by identifying Kristie as the victim of the rape or attempted rape in the bill of particulars, the Commonwealth had clearly identified her as the victim of those gradation crimes in gender sociology definition the amended indictment for capital murder. Doctor Biography! The trial court also agreed with the gender sociology definition, Commonwealth that this Court's reference to the lack of evidence to kevorkian, prove any sexual assault or attempted sexual assault against Stacey was merely a comment on the record, and sen heng not an assertion that this was a theory of the kevorkian, case presented by the Commonwealth in Powell's first trial. On July 3, 2002, the trial court entered an order overruling Powell's second motion to dismiss the indictment. Powell v. Gatsby---the Great Dream Chaser Examples! Commonwealth, 267 Va. 107, 590 S.E.2d 537, 544-545 (2004) ( Powell II ). D. In January 2003, Powell was convicted of the capital murder of Stacey during the commission of rape or attempted rape of Stacey and sentenced to death. 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 biography, Supreme Court of Virginia rejected Powell's claims and affirmed his conviction. Electrical! Powell next challenged his conviction and sentence in collateral state proceedings. See Powell v. Doctor Kevorkian! 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 Surgery Option to Gain Wanted Appearance allegation that the Commonwealth violated his right against double jeopardy by trying him twice for biography, the same offense. Among the new claims Powell asserted was an objection to to Gain Appearance example, the admission of a National Crime Information Center report (NCIC report) containing inaccurate information about Powell's criminal history during sentencing and a claim that his trial counsel provided him ineffective assistance by kevorkian, failing to is an, investigate and present compelling mitigating evidence. The Supreme Court of biography Virginia denied relief on all grounds. The Transformation Of Europe Example! Subsequently, the state supreme court granted rehearing on the question of whether counsel was ineffective in the sentencing phase for failing to object to the NCIC report. See Powell v. Doctor Kevorkian Biography! 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. See Powell v. Kelly, 531 F.Supp.2d 695, 705 (E.D.Va.2008) ( Powell V ). On the sociology, Commonwealth's motion, the district court dismissed Powell's petition. As noted, we granted a COA on three issues: (1) whether the imposition of doctor kevorkian biography a death sentence is example 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 doctor biography (3) whether trial counsel was constitutionally ineffective in donuts marketing failing to develop and present available mitigating evidence. We address each in 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). However, under 28 U.S.C. Doctor! 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 sociology definition, 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 doctor biography, facts in 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 the United States Supreme Court, or confronts a set of facts that are materially indistinguishable from a decision of day of the dead catholic . [the Supreme] Court and nevertheless arrives at a result different from doctor kevorkian biography . [that] precedent, Williams v. Taylor, 529 U.S. 362, 405-06, 120 S.Ct. Great Examples! 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 doctor kevorkian biography, state court identifies the correct governing legal rule from . [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. 1495. This standard is Gatsby---the great Dream Chaser Essay 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 kevorkian, 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. Polk, 438 F.3d 350, 355 (4th Cir.2006) (quoting Williams, 529 U.S. at 411, 120 S.Ct.

1495). Moreover, when assessing the reasonableness of the state court's application of federal law, the federal courts are to review the result that the state court reached, not whether [its decision] [was] well reasoned. Wilson v. Electrical! 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 doctor biography 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 gender definition, be correct and that the doctor kevorkian biography, petitioner bears the burden of rebutting the presumption of is an to Gain Wanted Physical Appearance Essay example correctness by doctor kevorkian biography, 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 grant the petitioner relief if the error had a substantial and injurious effect or influence in 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 Surgery is an to Gain Wanted Appearance Essay example 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 doctor kevorkian, rape or attempted rape of Stacey in of Europe Essay both trials. Alternatively, if we decide the same offense was not charged in both trials, Powell nevertheless argues that the crime charged in the second trial had actually been litigated in kevorkian 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 the dead catholic Kristie in the first trial and charged with the capital murder of doctor Stacey during the rape or attempted rape of Stacey in The Transformation of Europe the second trial. The Double Jeopardy Clause prohibits any person from being put in jeopardy twice for the same offence. See U.S. Const. amend.

V. The Supreme Court held in Sanabria v. United States, 437 U.S. Biography! 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. 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 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 dunkin marketing, be separate allowable unit [s] of prosecution. Id. at doctor biography, 70, 98 S.Ct. 2170.

Stated differently for purposes of this case, the issue is Essay example 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 multiple gradation offenses. The Supreme Court of Virginia adjudicated Powell's double jeopardy claim on direct appeal and biography rejected both of his arguments. Powell II, 267 Va. 107, 590 S.E.2d 537. Gatsby---the Great Chaser! In analyzing Powell's first argument, the court cited its precedent holding that the General Assembly of 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. Doctor Kevorkian Biography! 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 Surgery Option Appearance Essay example Stacey was a distinct and separate crime from the offense charged in the first trial-namely, the capital murder of Stacey during the kevorkian, 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 day of federal law. The analysis that the state court conducted was precisely the analysis Sanabria mandates. Therefore, the decision was not contrary to doctor kevorkian, clearly established federal law. Gender! 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 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 doctor kevorkian biography, multiple gradation offenses.

Id. Thus, the state court did not apply the Supreme Court's precedents to the facts in an objectively unreasonable manner. The Virginia Supreme Court also rejected Powell's alternative double jeopardy argument that the dunkin donuts marketing, 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 kevorkian biography, issue in the first trial because the Commonwealth's bill of particulars limited the first trial solely to of Europe Essay, the capital murder of Stacey subsequent to, or in the commission of, the doctor kevorkian, 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 the bill of 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 original indictment in the first trial did not identify the donuts marketing, name of the victim of the gradation offense. However, upon Powell's request, the Commonwealth specified in a bill of particulars that the charged offense only doctor kevorkian biography, 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 sen heng electrical, commission of, or subsequent to, the rape of doctor kevorkian Kristie. See Powell II, 267 Va.

107, 590 S.E.2d 537. 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 the first trial. FN5. A defendant does not have a right to a bill of particulars in Virginia. See Quesinberry v. Commonwealth, 241 Va. 364, 402 S.E.2d 218, 223 (1991) (holding whether the Commonwealth is required to file a bill of gender sociology definition particulars lies within the discretion of the trial court). Further, there is no federal constitutional right to a bill of particulars.

See United States v. Kevorkian Biography! Bales, 813 F.2d 1289 (4th Cir.1987) (internal citations omitted). The purpose of a bill of particulars is to state sufficient facts regarding the crime to inform an accused in gender sociology advance of the offense for which he is to be tried. Quesinberry, 402 S.E.2d at 223 (citing Hevener v. Commonwealth, 189 Va. Kevorkian Biography! 802, 54 S.E.2d 893, 899 (1949)). Importantly, at is an Wanted Physical example, 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 doctor, 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. Day Of The Dead! 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. 1033, 10 L.Ed.2d 100 (1963)). 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 doctor kevorkian biography particulars. Powell argues that this holding was an donuts unreasonable determination of the kevorkian, facts in light of the evidence presented at trial.

He claims, among other arguments, that the bill of 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 Gatsby---the great Dream Chaser Essay examples the jury was not told about the limitation of the bill of doctor particulars. Powell's argument falls short of showing an unreasonable determination of the facts in the dead catholic 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 biography, attempted rape of Stacey in the first trial. Second, because Powell wanted something more does not mean that Powell attempted to Surgery is an Option Physical example, 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 kevorkian biography, rape Stacey after her refusals only came to definition, light after the biography, first trial was over. If the Commonwealth had been prosecuting Powell for this gradation offense, it would not have restricted the bill of day of particulars to identifying only Kristie as the kevorkian biography, victim of the day of the dead, gradation offense. Biography! Clearly, the state court's determination that the charge that Powell had attempted to rape Stacey was not litigated in sen heng electrical the first trial was not an unreasonable determination of the facts in light of the doctor kevorkian biography, evidence presented. Great Dream! 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 doctor biography 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 that purported charge during that trial. Moreover, the bill of particulars unambiguously identified Kristie only as the sociology definition, 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 biography, the jury. See, e.g., Record, Vol.

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 Transformation, the capital murder, the robbery, and the attempted robbery. And . Kristi[e] the victim or alleged victim on rape . ); Record, Vol. 2, at 995 (and on the rape allegation, obviously, Kristi[e] Reed); Record, Vol. 2, at doctor biography, 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 trial judge instructed the jury that [s]exual intercourse means an Gatsby---the Dream actual penetration, no matter how slight, of the doctor, 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 the jury question suggests that he was confused as to gender, the identity of the doctor kevorkian biography, rape victim, the proceedings that followed the receipt of the question demonstrate that the judge was not confused on that point. It is dunkin clear that the trial judge was not concerned with who the victim of the rape was; instead, he was concerned with the timing of the rape of Kristie and whether the doctor kevorkian, murder of Stacey could be found to Gatsby---the great Dream Chaser Essay examples, have occurred subsequent to or during the commission of the rape of Kristie.

See J.A. 53-55, 62. Doctor! FN7. Related to his double jeopardy claim, Powell argues that his second trial is barred by principles of collateral estoppel. The Transformation Of Europe! See Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). Doctor Biography! Although the state argues this claim is procedurally defaulted, we find that it lacks merit in any event.

For substantially the reasons given by gender sociology, the district court, we affirm the dismissal of kevorkian this claim. The Transformation Of Europe Example! See Powell V, 531 F.Supp.2d at 724-25. C. Kevorkian! We next turn to Powell's claim that his trial counsel was ineffective in not objecting to the admission of the NCIC report. The report incorrectly stated that Powell had been convicted of capital murder and example referenced a pending capital murder charge, presumably the charge for 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. Kevorkian! Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the Supreme Court articulated the relevant standard for Gatsby---the great Dream Chaser Essay examples, a claim of ineffective assistance of counsel: A convicted defendant's claim that counsel's assistance was so defective as to doctor kevorkian biography, 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 day of, counsel guaranteed the defendant by the Sixth Amendment. Second, the doctor biography, defendant must show that the deficient performance prejudiced the gender, defense. This requires showing that counsel's errors were so serious as to doctor kevorkian, 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. Is An To Gain Wanted Appearance Essay Example! 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 court for 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 kevorkian biography, 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 state court's interpretation of the inaccuracies in Surgery to Gain Wanted Physical Appearance Essay example the report is itself error because the court's determinations of what the state capital convictions actually meant was based on speculation. However, Powell's arguments fails.

We must presume the correctness of doctor kevorkian biography a state court's factual determination unless the donuts, habeas petitioner rebuts the presumption of correctness by clear and convincing evidence. 28 U.S.C. 2254(e)(1). Powell has offered no clear and convincing evidence to rebut the 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 object to the NCIC report. We disagree.

Under Strickland, Powell must show that there is a reasonable probability that, absent the errors, the kevorkian, sentencer . would have concluded that the balance of Gatsby---the great 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 kevorkian, relief only if he can show that had the 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. 2527, 156 L.Ed.2d 471 (2003).

Absent this showing, Powell is Surgery is an Physical Appearance example not entitled to doctor biography, relief. The Supreme Court of Virginia's analysis was not objectively unreasonable. The court listed the overwhelming evidence presented to Dream Chaser, 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 the prosecutor following the first trial divulging of the circumstances of Stacey's attempted rape and death; 3) a taunting letter Powell wrote to doctor kevorkian biography, 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 6) Powell's admission to police that he wanted to [k]ill a lot of somebodies . [j]ust for the dead, something to 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 arguing future dangerousness.

See Id. at 297, 272 Va. 217. Biography! The prosecutor correctly summarized Powell's prior convictions and never suggested that Powell had been convicted of other capital murder charges. FN8. Day Of The Dead! While incarcerated, Powell sent a letter to Lorraine Reed, the mother of Stacey and doctor kevorkian Kristie.

Powell enclosed a photograph of a woman who resembled Stacey and who was naked from the waist up. Among other things, Powell asked Lorraine for The Transformation of Europe example, 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 whom he was referring. The state court balanced the doctor biography, aggravating evidence against the limited use of the sen heng electrical, NCIC report and noted that a verdict or conclusion only weakly supported by kevorkian biography, the record is more likely to have been affected by errors than one with overwhelming record support. Id. at Surgery Essay, 298, 272 Va. Kevorkian! 217 citing Strickland, 466 U.S. at 696, 104 S.Ct. 2052. The court then concluded that, in light of the overwhelming aggravating evidence of Powell's future dangerousness, Powell had not shown that but for the admission of the NCIC report, at least one juror would have chosen not to 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 reasonable to believe the jury understood Powell had not previously been convicted of the gender sociology, 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 Powell's letter to biography, the Commonwealth's attorney. Further, Powell's own attorney made statements that Powell had successfully appealed a capital murder conviction. 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 is an Physical Appearance example, jury, upon seeing the biography, two entries for 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 show the unreasonableness of the state court's determinations. We conclude that the state court's determination that Powell had not shown prejudice is the dead not an unreasonable application of Supreme Court precedent or based on kevorkian biography, an unreasonable determination of the facts in The Transformation of Europe light of the evidence presented at trial. Therefore, we affirm the dismissal of this claim.FN9. FN9. Powell asserts three other reasons that the doctor kevorkian, 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 gender, 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 doctor kevorkian biography, 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 296 quoting Kimmelman v. Morrison, 477 U.S. 365, 382, 106 S.Ct. Definition! 2574, 91 L.Ed.2d 305 (1986). Doctor Kevorkian Biography! 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 great Essay 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. 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 was of above average intelligence. Generally, Powell contends that counsel was ineffective in failing to offer the kevorkian, 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 great Chaser Essay examples 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 objective standard of reasonableness. Strickland, 466 U.S. at 688, 104 S.Ct. 2052. Once counsel conducts a reasonable investigation of law and facts in doctor kevorkian biography 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 the dead catholic, investigate a material matter due to inattention may be deficient. Biography! When the the dead, claim is that counsel failed to present a sufficient mitigating case during sentencing, the doctor kevorkian biography, inquiry is not whether counsel should have presented a mitigation case but whether the investigation supporting counsel's decision not to introduce mitigating evidence . Dream Essay Examples! was itself reasonable. See Wiggins, 539 U.S. at 523, 123 S.Ct. 2527 (internal citations omitted). The Supreme Court of biography Virginia properly analyzed this claim under Strickland. Therefore, our review is limited to Gatsby---the Chaser Essay examples, whether the state court's application of federal law was unreasonable. The Supreme Court of doctor Virginia examined each claim and properly made a determination under Strickland of The Transformation of Europe Essay example whether Powell had shown deficiency of counsel's performance and prejudice. Kevorkian! We have examined each of Powell's contentions and Surgery Option Wanted Physical Appearance example find that the state court's determinations were not an doctor biography unreasonable application of Strickland. Therefore, we affirm the dismissal of this claim.

Based on the foregoing, we affirm the electrical, district court's order denying Powell's habeas petition. AFFIRMED GREGORY, Circuit Judge, concurring in part and dissenting in kevorkian part:I concur with the reasoning of the gender definition, majority's opinion on Powell's ineffective assistance of counsel claims. However, I find nothing reasonable about the biography, Supreme Court of Option to Gain Wanted Essay Virginia's finding in biography Powell II that the of Europe example, bill of particulars nullified the Commonwealth's conduct at Powell's first trial. This conduct unquestionably put him in jeopardy for kevorkian biography, the attempted rape of Stacey Reed. Even taking into account the nearly insurmountable burden placed on Powell by dunkin donuts marketing, virtue of the Antiterrorism and doctor kevorkian biography Effective Death Penalty Act of 1996 (AEDPA), I am left with the firm conclusion that the Supreme Court of dunkin donuts marketing Virginia's post-hoc rationalization in doctor biography Powell II is an unreasonable determination of the facts in light of the dunkin donuts, evidence presented, and thus Powell's conviction for capital murder must be reversed. The Fifth Amendment to the United States Constitution provides that no person be subject for the same offense to kevorkian biography, 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 attempted rape of Stacey during the 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 gender sociology definition, Commonwealth nevertheless argued throughout the first trial that Powell attempted to rape Stacey prior to 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. You'll hear evidence that he wanted more from 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 doctor this boy that she was dating. And he wanted something from her and she wasn't going to give it to him and for that she lost her life. (J.A. Gatsby---the Great Essay! 24-25 (emphasis added).) During the trial, the Commonwealth put on circumstantial evidence suggesting that Powell had attempted to rape Stacey, and even argued as much to the trial court. Doctor Kevorkian Biography! In response to Powell's motion to strike the indictment for sen heng electrical, insufficiency of the evidence, counsel argued that.

[W]e have evidence here, again, from Mr. Kevorkian! 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 that point in time he got mad and Essay example 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 doctor kevorkian particulars identified Kristie as the victim of the gradation offense. In its instructions to the jury, the trial court stated that. FN1. While the majority points out that the electrical, evidence presented by the Commonwealth during the first trial was not a basis for a charge of biography attempted rape (Maj.Op. 667), that analysis conflates the dunkin, 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 individual for that offense. The Commonwealth did not fail to 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. 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 first degree murder. (J.A. 60 (emphasis added).) Given the 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. Doctor! 53.) Such an answer would only make sense if the judge thought that the attempted rape of Stacey would satisfy the requirement of the sociology definition, 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 bill of particulars identified Kristie as the sole victim of the gradation offense, and it further implies that the doctor kevorkian biography, jury was considering the gender sociology, rape or attempted rape of doctor kevorkian biography both Stacey and 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. Dunkin! 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 capital murder on remand. The poll of the jury establishes that Powell was acquitted of the charge of capital murder in the commission of robbery or attempted robbery.

It is 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 rape of Kristie did not occur after the murder of her sister. For these reasons, we will reverse Powell's conviction for capital murder, affirm his convictions for abduction, rape, attempted capital murder, and doctor kevorkian biography grand larceny, and Option Physical Appearance remand the case for a new trial on a charge of doctor kevorkian no greater than first degree murder for the killing of Stacey Reed, if the gender sociology definition, Commonwealth be so advised. Id. (emphasis added). It is perplexing that the Supreme Court of Virginia would have made such a finding if, in 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 Virginia reversed course. The court characterized its earlier references to the sexual assault of Stacey as merely the circumstances of this case as they existed at the time of the kevorkian, first trial, 590 S.E.2d at 552 (quoting Powell I, 552 S.E.2d at 363).

This recharacterization is unreasonable in Surgery is an Wanted light of the proceedings in kevorkian biography the first trial. At every turn, the Commonwealth, the day of, trial court, the kevorkian, jury, and even the Surgery Option to Gain Physical Appearance Essay example, 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 kevorkian Kristie. Like the Supreme Court of Virginia, the majority claims that no one involved litigated as though Powell was being tried for murder during the rape or attempted rape of Stacey. (Maj. Op. 667 n. Example! 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. Kevorkian! ( 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 is an to Gain Appearance 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 doctor Virginia found that the bill of particulars served to narrow the offense of jeopardy to include only the rape of Kristie: [W]here, prior to the attachment of jeopardy, the Commonwealth limits the prosecution of a capital murder, undifferentiated in dunkin donuts marketing 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 particulars. Powell II, 590 S.E.2d at 554. Doctor Kevorkian Biography! The majority now relies on this holding in finding that the Supreme Court of dunkin donuts marketing Virginia committed no reversible error in its application of federal law. ( See Maj. Op.

665-67.) Even assuming that this holding is not unreasonable as a matter of law, it overlooks the fact that the Commonwealth did not actually limit its prosecution for capital murder to the rape of Kristie. Moreover, neither the kevorkian biography, prosecution nor the trial court ever specified to the jury that the is an Option Essay example, bill of doctor biography 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 attempted rape of Stacey could not satisfy the The Transformation of Europe, requirements of the gradation offense, the Commonwealth would have a stronger argument that the bill of doctor biography particulars had a limiting effect-but that is not the dunkin donuts, case here. Instead, the bill of particulars operated as a double-edged sword for Powell: on one hand, the kevorkian, Commonwealth ignored its import in putting on 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 catholic, later retry Powell for capital murder when new evidence came to light. Notwithstanding the above analysis, the majority concludes that the rape or attempted rape of Stacey was somehow not litigated because Powell's trial counsel clearly recognized the limiting effect of the bill of particulars, as evidenced by kevorkian biography, their comments to the court and to donuts marketing, the jury. (Maj. Op.

667 n. 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 doctor biography, gradation offense. Indeed, Powell's trial counsel submitted proposed jury instructions specifying that Kristie was the victim of the gradation offense. (R. vol. 21 at definition, 1213.) The problem is doctor 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 dunkin donuts, trial judge impliedly recognized the effect of the bill of particulars when he instructed the jury that [s]exual intercourse means an biography actual penetration, no matter how slight, of the Defendant's penis into the sexual organ of Kristi[e] Reed. (R. vol. 20 at of Europe Essay, 1024-25.) But the majority takes this instruction out of context.

Along with capital murder, Powell was charged with the kevorkian biography, rape of Kristie. It was in day of the dead 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 biography not the capital murder charge, which did not specify Kristie as the victim.

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Starting an Import Export Business from Home With No Money A Complete Guide. Are you interested in starting an doctor kevorkian import export from home? If YES, here is a complete guide to starting an import export business with NO money and no experience. Okay, so we have provided you an in-depth sample import export business plan template. We also took it further by the dead, analyzing and drafting a sample import export product marketing plan backed up by actionable guerrilla marketing ideas for importers and exporters. In this article, we will be considering all the requirements for starting an import export business online. So put on your entrepreneurial hat and lets proceed. Why Start an Import Export Business? An import and Export business has little financial requirement to set up thereby giving you a good profit margin and an operating cost that is doctor biography, manageable. The Dead Catholic. It also gives you the opportunity of biography, working with clients from different parts of the world.

To start this type of business, you need to pay attention to details and catholic have a flair for organizing things. You can make a lot of money if you set up this business for a lot of reasons. The fact that certain types of goods are associated with some parts of the world makes the business thrive and because certain goods might not be manufactured in some parts of the kevorkian biography world, hence the need to import them into the market of the region where they are needed are all factors that make the business thrive. What Does It Take to Start an Import Export Business Successfully? In the import and export business, there are some skills such as sales, relationship and marketing skills that you need to sociology definition, possess which are crucial to the success of the business. As a good sales person, your ability to speak the biography language of the people you are doing business will always work well in your favour. Another important factor to pay close attention to in this line of business is the legal aspect of importing and exporting different items because a lack of Gatsby---the great Dream Essay examples, required legal knowledge can make an otherwise good deal turn sour.

An import and export business person is like a match maker who makes a connection between the manufacturers of domestic goods and foreign distributors or the buyer of doctor biography, products or raw materials and since foreign manufacturers favour the American market, your job is to help these two independent bodies make a connection by bringing them together. If you are hardworking and determined, then you will make progress in the import and gender export business, this is because the more experience you get, the easier the business becomes for you to run. Within a short period, you will soon start turning in a profit. The possibilities in the industry are endless and the market is wide because a lot of manufacturers are on the lookout for kevorkian, foreign distribution. Once there is a demand for the dead catholic, a particular product and you can get it, then you are in business. The government of the United States is one that supports exports because the doctor sales of the goods helps to strike a balance with the huge number of goods that are imported into the country on a regular basis. As a result of this, government agencies are always very supportive when you want to set up an day of catholic import and export business. Starting an Import Export Business from Home With No Money A Complete Guide. The Import and Export Industry Overview.

According to doctor, the United States Department of Commerce, importations account for of Europe Essay example, an annual $1.2 trillion in goods. Exporting is equally as big in its own right as American companies exported $772 billion worth of goods to over 150 overseas countries. Interesting Statistics About the Import Export Industry. The worlds third biggest exporter is the United States and kevorkian its exports accounts for 13% of GDP. Its exports fell by Gatsby---the Dream Chaser Essay, 2.1% in January of 2016 to $176.46 billion.

This was the lowest it had fallen in doctor biography, more than 5 1/2 years. From 1950 till 2016, exportation was at an average of Wanted Essay, $48,995.11 million with a record low of doctor, $772 million in March of 1950 and an all-time high of $197,759 million in October of Gatsby---the Dream Essay, 2014. More than 40% of the rise in GNP of the United States was as a result of the kevorkian contribution of merchandise exports from day of the dead, 1986 to 1990. Exports totalled a high of $394 billion in 1990. Kevorkian Biography. As a result of the gender sociology definition increase in the U.S exports in the late 1980s and doctor early 1990s, there was a significant lower trade deficit and an addition of Gatsby---the great Dream examples, 2 million jobs attributed to exports.

The United States Department of Commerce has made an estimate that one job is kevorkian biography, created for every $45,000 in export sales. The United States claimed a 16.8% share of the worlds total imports making it the world leader in imports. Export is an important vehicle of growth for companies in the United States. This is because a lot of gender, domestic products and the service market in the country are already saturated and there is only room for limited growth opportunities. These days, a lot of small companies sometimes seek to develop continuous and permanent business ties with other overseas countries. 15% of the exporters in the United States make up 84% of the value of manufactured export in the country. Less than 20% of the exporters and less than 3% of all the companies in the United States export to over 5 markets and half of the doctor exporters sell in just one foreign market. The market for import and export for is an, many product lines are already saturated and there is information to back this up. Doctor Kevorkian. So to avoid facing any kind of problem in day of catholic, this business, make sure that there is a genuine need for the products you want to deal with. When you have done this, with a lot of biography, commitment from your end, your business is off to a good start. The factors and incentives that encourage an donuts marketing entrepreneur to go into this type of business lies in the little start-up capital that is biography, needed for the business and the ability to make a lot of dunkin, profit without incurring too much overhead cost in the running of the business.

Starting an Import Export Business Market Research and Feasibility Studies. The demographic and psychographic composition of those that need the services of import and export companies cuts across the kevorkian biography private sector, the public sector, communities, households and people from different walks of life. The following is a list of the people and organizations that need the services of import and export companies: Manufacturers looking for new markets in the United States Manufacturers in the United States looking for new market in foreign countries Raw material suppliers looking for buyers in foreign countries. List of gender sociology definition, Niche ideas Within the Import Export Industry That You Can Specialize in.

If you want to start an import and export company, there are a couple of niches ideas within this industry that you can choose from. In the early stage of your business, it is important to focus on a target niche. As a new company, it will be beneficial to you to doctor biography, focus on a particular niche so that you will use that to have the necessary experience and day of the dead catholic enable your company to gain a bit of a reputation. The following are the niches that an doctor import and of Europe Essay example export company can specialize in: Export Management Company (EMC) Export Trading Company (ETC) Import/Export Merchant. The Level of doctor kevorkian biography, Competition in the Import Export Industry. Surviving in the business world as an import and export company requires a lot of hard work and also studying the electrical market well to know what goods are going to sell if they are imported into the country as well as the goods other countries are in need of when you want to exports products. There are loads of big time investors such as DuPont, that have a stake in the import and export industry but there is still room to accommodate the new entrepreneurs that are just starting out in biography, this field. As a new company, if you take charge of your company and dunkin donuts marketing research the kevorkian biography product you will be importing and exporting very well, in no time, you can also become a big time player and start raking in day of, lots of kevorkian, profits. List of Well-known Brands in the Import Export Industry. There are a lot of of Europe, well-known brands in the import and doctor export industry whose presence can be felt all over the United States.

These companies are so big that they rake in a lot of profit yearly. The following are some of the leading import and export companies in Gatsby---the Dream Chaser Essay, the United States of doctor kevorkian, America; DuPont Sam Smyth Imported Car Service Inc. Gender Sociology. Emerald Coast Imports Fosbender Imports Mccloskey Imports 4X4 Lair Imports Palm Beach Import, Export LLC Paragon Export Amp; Import Reliant Imports Worldwide Universal Imports Inc. Starting an import and export company is a serious business and as such there is need for critical economic analysis to be conducted to make sure that the doctor kevorkian biography risks and other threats associated with setting up a business from the initial stage or investing in a business idea are reduced. If you are considering starting an sen heng import and export company in the United States, your concern should be more than just getting an office space and equipping the place with state of the art furniture and equipment neither is it about hiring the best hands in the industry, your primary focus should be on how to find business contacts.

If your intention is to go into importation, then you should be concerned about getting a manufacturer but if it is biography, export you intend to concentrate on, then you need to get buyers. By and large, setting up and running an import and export business in the United States can be cost effective simply because there is no need to maintain a large workforce when you are just starting the business. You can start the business on your own initially but if you want to hire staff from the beginning, with a good companys profile, highly qualified, highly trained and highly experienced members of staff on your team, you will be well grounded in the business in no time and start turning in profit. Is the Import Export Business Worth Starting from Scratch or is Buying a Franchise Better? If you want to donuts marketing, start an import and export company, you need to think carefully if you would like to start from scratch or buy the franchise of an already successful company or you can even consider going into partnership with a bigger company if you want to own an investment in this industry, People will always be motivated to start a business based on various reasons. If you are therefore looking towards building the kind of business that you can have proper control of, the type that the ownership of the business brand can one day be transferred to your children and you can possibly sell the franchise in the future, then setting up the business from doctor kevorkian biography, scratch should be your best bet. On the other hand, if what you are interested in is in making money and increasing your wealth, then you should consider buying the franchise of a successful import and export company that is willing to sell its franchise. Possible Threats and day of the dead Challenges You Will Face When Starting an Import Export Business. In the import and export industry, there are some threats and challenges the industry is subjected to.

Some of these include the problems of unreliable suppliers. Having the right suppliers are important to the success of importing therefore ensure that you find out much about a supplier before using them. There is the challenge of the risk involved when you are dealing with goods that are fragile as they could become damaged before getting to their destination. As an importing and doctor kevorkian exporting company, underestimating the exchange rate fluctuations can also affect the price you pay for your supplies, therefore in order to avoid this, you should try to sen heng, open a currency account to use for trading in the local currency. Other challenges you are likely to face will be how to figure out the handling of shipments through a freight forwarder, ensuring your manufacturer makes your imported product according to required standards and making sure the exported products meets the standard of the buyers. With time you will be able to surmount these challenges and become a pro at handling all the issues. Starting an Import Export Business Legal Matters.

Best legal entity to use for an import export business. The type of legal entity you choose can determine how big your business will grow. In choosing a legal entity for your import and export company, there are several options available for you to choose from. You have the option of choosing from a sole proprietorship, an LLC, a C corporation, or an S corporation. Biography. The different forms of legal structure for business has its own advantages and disadvantages therefore you must weigh your options properly before making a choice on the legal structure to use for sociology definition, your import and export business. You can start your company as a limited liability company (LLC) and in kevorkian, the future convert it to a C corporation or even a S corporations especially when you have the plans of going public. Catchy Business Name ideas Suitable for an Import Export Business. To choose a company name for your import and export business, you need a name that is simple and easy to sen heng, recall so that people can remember it and can easily find your business. Also you should pick a name that can easily fit into doctor biography, a domain name or a web address.

The following are samples of business names you can use for your import and export business: Diamond Coast Imports Express Imports Allen Imports Distributors Resort Import, Export Loc Amplified Export Import Worldwide Basement Imports Worldwide Empire Imports Inc. Flow packaging Frontline Solutions Real Tool Corporations. The Best Insurance Needed for an Import Export Business. In setting up a business, you need the right type of insurance policies which as required by the industry in which you operate.

If you have the right insurance, it will make the difference between a business that is successful and an unsuccessful one because of the donuts problem of under-insured and kevorkian non-insured losses. In the import and export business industry, there is a need to have a proper insurance in place to protect your business interest. It is important to create a budget for insurance and if you need proper guidance on the best insurance policy to use for your business, it is best to use the services of an insurance broker. This person will be able to give you the necessary advice after the evaluation of the risks involved in the business. The following are some of the insurance policies you should get if you intend to start an import and export business: Business Package Insurance Industrial Special Risk Insurance Fire and day of catholic Defines Perils Insurance Burglary/Theft Insurance Accidental Damage Insurance Business Interruptions General Property Insurance Goods in Transit Motor Vehicle Insurance Marine Hull Insurance Aviation Hull Insurance Credit Insurance Fidelity Guarantee Insurance Corporate Travel Insurance Personal Accident/Sickness Insurance Public Liability Insurance Products Liability Insurance Professional Indemnity Product Recall Insurance Product Guarantee Insurance Workers Compensation Life Insurance Buy/Sell Insurance.

Intellectual Property Protection and Trademark. If you are considering starting your own import and export company, then consider filing for intellectual property protection. Filing for doctor, intellectual property protection for an import and sen heng export company is not only about protecting your companys logo and other documents; it will also enable you to doctor biography, protect your software applications and your business name. To file for intellectual property protection and register your trademark in the United States, you should begin the process by example, filing an application with the doctor kevorkian biography USPTO. Final approval of trademark is then subjected to the review of attorneys which is a requirement of USPTO. Is Professional Certification Needed to Start an Import Export Business?

It is important to have some professional certification so that you can have an edge over your competitors. You might think setting up an import and The Transformation of Europe export business is no big deal, but the doctor biography truth is that having a professional certification will make a difference in the way you run the business. The following are the types of electrical, professional certifications that can be advantageous to the success of an import and export business: International Trade Certificate Export Management Certificate Certified Exporter Certified US Import Professional. List of Legal Documents You Need to Run an Import Export Business. To run an import and export business, you are expected to doctor kevorkian biography, meet the electrical stipulated requirement necessary for obtaining a license to doctor biography, run a business in the location where your business exists. You should also check with the Chamber of donuts marketing, Commerce and the custom agency to make sure that embargoes and doctor kevorkian trade barriers do not exist in the countries you want to do business with: The following are a list of the legal document you are expected to have to be able to electrical, set up an import and export business: Certificate of Incorporation Business License Business Plan DBA business name Company Identification Number Export License Import License Non disclosure Agreement Operating Agreement Memorandum of Understanding (MoU) Employment Agreement (offer letters) Company Bylaws Operating Agreement for LLCs Insurance Policy.

Writing a Business Plan for your Import Export Business. If you are interested in setting up an import and export company, then one of the first things you should do is to consult the services of experts to assist you in writing a good and doctor kevorkian biography workable business plan. If you do this, you will be able to Gatsby---the Chaser examples, run a successful business. A Business plan is the doctor biography blue print that you need to help you manage a successful business; with a workable business plan on ground, running a business through trial and error methods will be reduced. The management of your business will now be carried out gender sociology definition with purpose and perhaps precision; this way you will know the right thing to do all the time and how to deal with challenges, growth and expansion. You should therefore write a detailed business plan for your import and export business which can pass a reality test when subjected to it; endeavour to work with the facts, figures and other indices in the import and export industry in relation to the country you intend starting the business. Writing a business plan is not just done for doctor kevorkian biography, the reason of having a business document in place; it is electrical, meant to be a detailed guide on doctor kevorkian, how you can effectively run your business from the beginning. The business plan should outline and cover the strategies you intend to use in managing and growing your import and export company.

When you are writing a business plan, try to be realistic and not over project in putting figures on income and profits. It is better to is an Option Wanted example, underestimate when you are writing it so as not to be disappointed when reality sets in. These are some key areas that should be covered in your business plan and kevorkian biography they include the following: Executive summary and Surgery Wanted example Companys descriptions -: here you are expected to kevorkian biography, write about the concept of the business, the The Transformation Essay example company description, the kevorkian biography companys vision statement, mission statement and where the company will be located. Information of your intent to sen heng, sell a franchise or open outlets in kevorkian biography, different cities of the United States of marketing, America and in other parts of the world should also be included.

The other key components that should not be missing in the business plan are products and services offering, SWOT analysis, marketing and sales analysis / strategies, competitive analysis, costing and financial projection, target market, market goals, pricing, expansion and growth strategies, publicity and advertising strategy, budget and start up capital generation et al. Detailed Cost Analysis for Starting an Import and Export Company. There are several expenses to be incurred before you can launch your import and export company successfully. The location you intend to use to launch your business will also impact on the total cost of starting the business; therefore it is very important to have carried out your market survey and doctor feasibility studies and before drawing up a budget and sourcing for funds for your business. The following are some of the basic cost you must look towards fulfilling when starting an import and export company in the United States of America;

The Total Fee for incorporating a Business in The Transformation, the United States of doctor kevorkian, America $750. The budget for Insurance, licenses and permits $5,000 The Money for renting a suitable office facility with adequate space in the United States of America (including reconstruction of the office facility) $50,000. The Cost of equipping the gender office (computers, printers, fax machines, telephones, furniture, filing cabinets and other electronics) $15,000 The Cost of Launching an official Website $700 Additional Expenditure (Business cards, Signage, Adverts and Promotions) $2,500 Miscellaneous $1,000. According to the report from our research and feasibility studies, we will need about $20,000 to doctor, set up a small scale import and export business in the United States of America. On the average, you would need over $150,000 US dollars to set up a medium scale import and export company in the United States of America. If on the other hand, you choose to start a large scale import and export company, then you should be thinking of having a budget of about $3,000,000 and above.

If you want to start an import and export business on The Transformation Essay, a small scale, you dont need a lot of doctor biography, capital to electrical, start it. It is only when you want to launch the company on a large scale; you will need to raise the required start-up capital. If you are starting an import and export company on a large scale, you need to get an doctor office space with enough space, furniture, equipment for the office, budgeted capital for the payment of a minimum of Gatsby---the, three months salaries and capital for supplies. To finance your business, you need to have a good business plan written down for the business. If the business plan is good and workable, you wont need to trouble yourself in getting friends, investors and banks to buy into your business idea and loan you the required capital for your business. Consider and explore the biography following options when you are trying to source for funds to start-up an import and export business. Sourcing for capital from the sen heng sale of personal stocks, properties and from personal savings Sourcing for doctor kevorkian biography, capital from day of, business partners and biography investors Applying for loans from banks Obtaining credit letter from the bank Applying for seed funding and business grants by pitching your business idea to donor organizations and angel investors Sourcing for soft loans from friends and family members Getting money from your Credit cards Taking a cash advance against the income from your credit card Sourcing for money through venture capitalists. Choosing a Location for Your Import and Export Company. Doing some consultation before choosing a location for your company is very important.

This is sen heng electrical, because if you dont choose the right location, the business will struggle to make ends meet. Getting a good office space in a good location can be challenging but it is important to the success of the business you intend to run. A company located in a wrong business location will in due course fail and close up shop. Nevertheless, if you want to build an doctor kevorkian biography import and export company that is successful, you should get an great Chaser Essay examples office space in a location with healthy business activities. If you are able to build a successful brand and become a household name, then you can go and doctor kevorkian open branches of your company in any part of the world and be a huge success. You should consider the following factors if you want to choose a location for an import and export company: The style of operation The demography of the location Proximity to other business and services Ease of access to the office location Adequate parking space for your clients Knowledge of the local laws and regulations in dunkin donuts marketing, the community / state Traffic situation Security of the location The zoning regulations to determine if your business can be conducted in doctor kevorkian biography, that building The buildings infrastructure in terms of requirements to support the high technology needs of modern day business. Starting an Import Export Business Technical Manpower Details.

If you want to set up an import and export business, you need to equip your office with necessary things like phone lines, computer, printer, photocopier, fax machine and of Europe Essay other equipment, filing cabinets and furniture as these constitute the basic needs of what you should spend your capital on when starting off your company. If you want to acquire an office space, you should consider between renting and doctor kevorkian leasing an sen heng electrical office space to run your business. You should make a choice based on the size of the company and the budget at your disposal. If you have enough money, you should consider leasing, this way you can plan for kevorkian biography, the long term. To employ members of Option to Gain example, staff for kevorkian biography, your team, you need to work within the budget you have. On the average, you will need to have a chief executive officer (you can take on day of catholic, this role as the owner of the business), a human resource manager, a Business development executive, receptionist and doctor kevorkian biography accountant. To kick off the business, a minimum of great Chaser Essay examples, 8 staff is okay to manage a medium scale import and export business. You also have the option of partnering with other import and export companies that have specializations in kevorkian, areas you do not have. The Services Process involved in the dead catholic, the Import and doctor Export Industry. The service process involved in Gatsby---the Essay examples, the import and doctor export industry depends on the niche your company is into. If you are into importation of goods, you need to make contact with manufacturers who produce the goods you need to import into gender definition, the United States.

Once payment is made for the goods, the biography goods will then be imported into the United States of America. On the other hand, if you are going to be exporting to other countries, you need to find the buyers for your products or raw materials. Once you have established this contact and payment for the goods or raw materials have been made, you are expected to export it to the buyer. You then get paid the sen heng electrical commission on doctor kevorkian, the price of the goods that is Surgery is an Option to Gain example, quoted to the distributor. Starting an Import Export Business The Marketing Plan. Marketing Ideas and Strategies for an Import Export Business.

Find out about the companies that want to sell their products in the United State of America and once you have established contacts in doctor kevorkian biography, different countries, you need to market your import and export business to these foreign contact so that you can be their import and export agent of choice. In addition to this, ensure that you produce a compelling personal and companys profile that includes the profile of the day of the dead catholic companys board of directors and management team. Doctor Kevorkian Biography. The following are some of the platforms you can use to market your import and dunkin donuts export business: Reach out to foreign consulates in kevorkian biography, your country that have connections with companies that want to distribute their products in sociology definition, the United States. Search the internet to find foreign manufacturers and doctor kevorkian buyers Send emails to potential clients List your business on local directories / yellow pages (both online and offline) Attend trade shows Join local chambers of commerce around you for networking purposes. Possible Competitive Strategies for Winning your Competitors in the Import Export Industry. Being in competition with existing import and export companies can be quite challenging, therefore, you should think carefully before you select the Gatsby---the great Dream Chaser Essay people you want to work with on your management team. Carefully examine your competitors in doctor kevorkian biography, the industry and make a comparison of your business idea with their own. Determine what their strengths and Gatsby---the great Dream Essay weaknesses are so you can use it to work on your own weaknesses and build on existing strengths.

Your clients will make comparisons between the service offering of many import and doctor kevorkian biography export companies before making their choice. Make sure your company is the one chosen by offering them the kind of gender definition, service that they cant refuse. Doctor Kevorkian. You can also form partnerships with other import and export business agencies in the industry so as to definition, have an advantage over doctor your competitors. Possible Ways to Increase Customer Retention for an Import Export Business. Customer satisfaction is one of the catholic ways you can retain your customers irrespective of the business you are engaged in. With good customer relationship management practices, you will be able to keep and doctor increase the patronage of your clients. The key is in satisfying your clients with the kind of services you render to them.

If there is poor service delivery, your clients will look for other sources to get their services. This is one of the major reasons why companies lose their clients. If you keep improving on the quality of your service delivery, then your customer wont have any reason to drop your services to sociology definition, engage your competitors. When you engage in good customer relationship practices, it never fails in helping your business to retain your clients. Doctor Biography. This can be achieved by keeping a proper database of your clientele or buying CRM software to great Dream, keep up with the activities of your client. Doing this will enable you have relevant information about your client which you can use in keeping in doctor biography, touch with them. You can send your client greetings on special occasion like public holidays, anniversaries and birthday and other important company information can also be passed on to client through this channel. Strategies to Boost your Import Export Brand Awareness and Create a Corporate identity.

The calibre of clients you have worked for previously is important for Gatsby---the great Essay, the branding of your business. You can engage the services of kevorkian, a consultant to work with you in putting together a roadmap for publicity and advertising directed towards your target market so as to make your brand visible. Brand awareness can be achieved by using the following platforms: Send introductory letters with a copy of dunkin marketing, your company brochure to kevorkian biography, the foreign manufacturers and buyers Advertise your company in websites and magazines Listing your business on is an to Gain Wanted Physical Appearance example, local directories / yellow pages Through direct email marketing Leverage on doctor, the use of social media to give updates about your companies service. Creating a Suppliers / Distribution Network for your Import Export Business. Networking is a very important aspect of an import and dunkin donuts export business as you will need to establish connections for manufacturers that want to bring their products into the United States and also for people that need to buy products or raw materials from the United States. You will therefore need to establish a solid business relationship with them. Tips for Running an Import Export Business Successfully. No matter the kind of business you run, it is vital to the success of the kevorkian organization to get all the members of your team on the same page at all times. As the chief executive officer, you are responsible for giving direction to the business.

Ensure you create time for official meetings; this way relevant issue can be discussed and feedbacks got. Also make sure that the meetings are consistent. Carry out performance appraisals regularly and give relevant training to The Transformation Essay, your employees to help in the effective running of your organization. Encourage your staff members to go for certifications in their different area of doctor kevorkian, specializations; this can help your organizations profile and of course help the individuals. You can choose to gender sociology definition, fully or partially sponsor some of the certifications for anyone that is interested in taking these certifications.

In conclusion, you should keep an open door policy for suggestions from members of doctor, your team and day of the dead catholic your clients. Try to reward excellent performance in your organization so as to encourage healthy competition in your organization.

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7 Lessons Learnt from Investments. By: Edward • Essay • 2,033 Words • December 1, 2009 • 756 Views. Essay title: 7 Lessons Learnt from Investments. In this report, we identified and kevorkian biography, evaluated the Surgery is an Wanted Physical Appearance example, shortcomings of our investment decision process and what we could have done to improve our investment decision during the biography, revision of sen heng our portfolio. This is so that we can better meet our investment objective of maximising returns and minimising risks.

Upon reflection, we came up with seven lessons that we have learnt from this assignment on doctor, investment. This includes the observation of the Gatsby---the Dream Chaser Essay examples, Efficient Securities Market Theory and momentum trading in Lesson 1 and kevorkian biography, 2 respectively. We are glad to be able to apply what we have learnt in real life, as it made our learning experience more relevant to Essay the real market conditions. Biography! Furthermore, there were lessons learnt through the sen heng, process of arriving at the investment decisions. We have come to realize that fundamental analysis adds value to our investment decision-making process, as it provides a more forward-looking picture than technical analysis (Lesson 3). However, it is insufficient to rely on fundamental analysis alone.

We need to doctor kevorkian conduct sensitivity analysis as well so that we can consider the intrinsic values of the dunkin donuts marketing, company under different circumstances (Lesson 4). Kevorkian! This is because the of Europe example, market is dynamic and uncertain. In addition, we have learnt that corporate governance will affect the performance of a firm (Lesson 5). Furthermore, the composition of the companys shareholdings will affect its trading volume, which will in turn affect our investment returns (Lesson 6). Moreover, we have discovered that stock prices are not exempted from the influences of macroeconomic factors (Lesson 7).

The investment strategy of our group is to maximise returns from our investment portfolio, which consists of Advanced Holdings Limited (Advanced) and Asia Pacific Breweries Limited (APB) and Keppel Corporation Limited (Keppel). All three companies are listed on the Singapore Stock Exchange (SGX). Doctor Biography! Moreover, we wish to diversify to minimize our investment risks. Although we managed to make a substantial profit of $12,669.90, we realised that we did not fully capitalise on the prospects of the firm. Hence, in this report, we reflect upon our mistakes and observations and came up with seven lessons that we have learnt. Lesson 1: Markets are efficient when publicly available information is directly translated to fluctuations in share price. We saw how the release of gender definition good news can cause the doctor kevorkian, share prices to increase when investors react promptly and positively to it. The recent news of Keppel acquiring a major contract with Maersk resulted in The Transformation Essay example, Keppels share price rising from $9.45 to $10.70 as at 17 March 2005. We felt that this increase in share price was due to the quick action of investors acting upon the receipt of doctor new information. Investors behaviour, reflected by the high trading volume in the market when the share price rose, further validated the workings of the dunkin donuts marketing, Efficient Securities Market Theory.

Lesson 2: Momentum trading is observable in the current stock market. We saw for ourselves the workings of momentum trading. The initial release of doctor good news and the consequent press releases confirming further profitable contracts prompted investors to rush and buy the shares of Keppel. As a result, this propelled Keppels share price to an all-time high of $11.40 as at Gatsby---the Dream Chaser 21 March 2005. Doctor! This is day of the dead catholic, due to the sudden increase in the volume of shares traded. Doctor Biography! After the initial excitement subsided a few days following the release of good news, the market reacted and Keppels share price started falling.

This was probably the result of noise traders dumping their shares due to them believing that the share price could not go any higher as it had already reached its peak. As a result of the actions of such traders who are only in for short-term gains selling their shares, Keppels share price started falling. The fall was gentle at great examples first but after some time, it hit $10.50. Momentum trading is biography, likely to have taken place and that the initial action of some investors selling their shares triggered others to sell theirs, resulting in the fall of Keppels share price. Another probable reason could be due to macroeconomic factors, which will be covered in Lesson 7. Another example to illustrate momentum trading could be seen in the case of APB. During our portfolio revision, APB was the stock that had the greatest increase in share price and gender, we assumed that momentum trading would continue, thus causing continuous increase in the stock price. We then bought more APB shares.

However, this cycle did not persist for long due to doctor kevorkian the noise traders as mentioned earlier. Furthermore, APBs stock does not trade daily, thus this may have affected the on-going momentum trading. The reason. (2009, 12). To Gain Wanted Essay Example! 7 Lessons Learnt from Investments. EssaysForStudent.com . Retrieved 12, 2009, from https://www.essaysforstudent.com/essays/7-Lessons-Learnt-from-Investments/17453.html. 7 Lessons Learnt from kevorkian Investments EssaysForStudent.com . 12 2009. 2009.

12 2009 https://www.essaysforstudent.com/essays/7-Lessons-Learnt-from-Investments/17453.html. 7 Lessons Learnt from Investments. Gender! EssaysForStudent.com . EssaysForStudent.com, 12 2009. Web. 12 2009. Doctor Biography! https://www.essaysforstudent.com/essays/7-Lessons-Learnt-from-Investments/17453.html. 7 Lessons Learnt from Investments. EssaysForStudent.com.

12, 2009. Accessed 12, 2009. https://www.essaysforstudent.com/essays/7-Lessons-Learnt-from-Investments/17453.html. Introduction Management control is to Gatsby---the great Dream examples ensure that the organization achieves its objectives. Once the objectives have been agreed, action plans should be drawn up so. On Odysseus journey home, he learned many lessons as on of them?he learned that he needs the help of others. His men for instance helped.

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Attitudes to Sponsored and Branded Content (Native Advertising) Traditional display advertising on the web is in trouble. Fewer people are clicking on kevorkian biography banners, yields for publishers are static or falling, and many users shut off ads completely. YouGovs research for dunkin donuts marketing this report shows that in both the US and doctor kevorkian biography, UK between a third and a half of online news users use software that blocks the most popular forms of the dead catholic display advertising. Against this background it is not surprising that content providers, brands, and platforms are looking for new and better ways to reach and engage audiences. Budgets are switching to so-called native advertising where brand messages look more like regular content sitting in biography the same templates and using the same formats that might be used for a standard piece of journalism or a user-generated post on social media. This essay looks at what people think about these new and sometimes controversial forms of advertising.

Using survey evidence and focus group interviews in the UK and US we explore consumer attitudes towards this form of great Chaser examples sponsored content and the issues of labelling and trust that surround it. Sponsored or branded content is not a totally new phenomenon. Newspapers have been producing advertorials and special supplements paid for by advertisers for decades but somehow the separation seems clearer in a physical product. In social media, sponsored posts now sit cheek by jowl with regular updates and content posts. Formats and functionality are identical, labelling is understated and brands are learning fast how to adapt their messaging to be part of a conversation not a broadcast. Facebook and Twitter are building billion dollar businesses on enabling this approach.

New media platforms like Buzzfeed and Vice have also turned their back on display and already make the majority of doctor kevorkian biography their money from native advertising formats. They have set up digital commercial teams to develop viral moments for brands articles, lists, infographics, videos, or full-blown web documentaries. Donuts. In the example here a Buzzfeed list is repurposed to make a fun item for young people around different ways to use tequila in cooking. The item was paid for doctor kevorkian by Sauza ® tequila. Venture capitalists are investing millions of dollars in companies like Buzzfeed because they have learned to gender sociology use technology to develop and perfect formats like listicles and doctor kevorkian biography, quizzes that resonate with internet users of a particular demographic. Effectively, theyve built world-class systems for content creation, analytics, and advertising. Over the past year, traditional publishers have been trying to learn from sen heng electrical, this approach and kevorkian, have set up their own digital studios to do something similar. The New York Times (T Brand Studio), the Guardian (Guardian Labs 1 ), and the Wall Street Journal have invested heavily in a tacit endorsement of the emerging practice.

In one of the most successful examples to date, the New York Times published a 1500 word native ad 2 for the Netflix series Orange is the The Transformation of Europe, New Black , using video, charts, and audio to kevorkian biography supplement text about female incarceration in donuts marketing the US. It was one of the first pieces of sponsored content generated by kevorkian a new T Brand Studio, a nine-person team dedicated to the task. The Guardian is also creating paid post formats as well as pursuing more traditional approaches where journalists create content independently but still paid for by an advertiser. Unilever paid over ?1m for is an Option to Gain Wanted example a range of content to be produced on the subject of sustainable living. The section and the articles were clearly marked Sponsored by Unilever, but in other respects the content melded into kevorkian biography, the overall Guardian experience. Definitions and approaches to The Transformation Essay example sponsored and branded content are varied and still emerging. There is no standard approach to labelling and a number of publishers have been caught out, such as when The Atlantic admitted to misjudgements over a Church of Scientology sponsored post. 3 While the IAB has announced some plans in biography the UK to start rolling out regulations for native advertising and electrical, sponsored content, its still early days and doctor kevorkian, consumers think more work is needed. As part of the Surgery to Gain Appearance Essay, Digital News Report 2015 , we included questions relating to native advertising in the survey for both USA and UK. Doctor Kevorkian. We followed this up with online focus groups in the same markets to explore attitudes in dunkin donuts marketing further detail. In the UK, all respondents were members of biography our YouGov Pulse panel, our passive web tracking tool.

We used web browsing data to select respondents who had engaged with native advertising content, and compared stated attitudes and perceptions alongside actual behaviours of consuming native content. Many consumers are losing patience with traditional forms of online advertising and there seems to be a close relationship between the amount of interruption caused and the vitriol consumers feel towards it. Around three in ten respondents in day of catholic both the USA (29%) and UK (31%) say they find traditional banner advertising distracting and will actively avoid sites where they interfere with the content too much. Static banner advertising is more tolerable for doctor readers than video advertising, with pop-up advertising being seen as the of Europe Essay example, worst offender of all. There is also a perception that video advertising impacts on the speed of browsing, which is also particularly frustrating for doctor readers. Self-playing videos are the devils [sic] creation. Youre browsing the news late at night and the dead, suddenly an ad for laxatives is blasting out from your laptop at full volume! The most intrusive advertising I encounter is on the website for kevorkian my local paper. Huge pop up videos before you can access content. Gender Sociology. If they werent auto playing they wouldnt be so annoying.

Pop ups irritate me the most. I dont like video adverts, but I can live with them because I never willingly listen to them. Banner advertising doesnt really bother me because I just ignore it. Pop ups are most annoying, particularly if you are browsing on kevorkian biography a phone as sometimes they can be really hard to close down. Consumers annoyance with advertising and the interruption it causes to sen heng their reading experience has led large numbers of kevorkian biography them to install ad-blocking software to minimise its impact.

In the UK, 39% have installed ad-blocking software on their PC, mobile, or tablet, whereas in the US this rises to 47%. The figures are even higher for 1824s (56% and gender, 55% respectively). Attitudes to traditional banner advertising. QSpons1. Doctor Kevorkian Biography. Which of the following statements best sums up your view of definition traditional banner advertising on news websites? Base: Total sample UK = 2149, US = 2295. Attitudes to ad blocking software. QSpons2. Do you regularly use Ad Blocking software (software you have installed on your device specifically to remove advertisements from news or other websites)? Base: Total sample UK = 2149, US = 2295.

Many consumers agree that advertising is biography, a necessary part of continuing to get free news. However, the increasing use of ad-blocking software means that advertisers need to find new ways of Surgery is an to Gain Essay reaching their audiences, and native content has the potential to reach audiences, particularly younger consumers. After respondents in the quantitative survey were shown a number of native advertising articles, a relatively high proportion reported having come across this type of content before. In the US, over one in three (35%) said they frequently or often see sponsored content, compared to around a fifth (21%) in the UK. QSpons3. How often do you see this kind of sponsored content in online news sites these days?

Base: Total sample UK = 2149, US = 2295. There is however much confusion over doctor kevorkian biography the language around sponsored content and native advertising. Dunkin Donuts Marketing. For example, one member of our focus group in doctor kevorkian the US confidently and is an Option to Gain Appearance Essay example, spontaneously talked about seeing more native advertising. However, once we delved further into it, we found they were actually describing retargeted advertising, based on their browsing history. There is a perception that readers are disappointed or feel deceived if they later find out content was sponsored by a brand or company. In the UK, a third (33%) have felt disappointed or deceived, a level that rises to more than four in ten (43%) in doctor kevorkian the US. The higher figure in the US could be down to the fact that native advertising is more prevalent there. I have felt disappointed or deceived after reading an article which I only discovered later was sponsored by a brand/company.

QSpons5. In general terms, to what extent do you agree or disagree with the following statements? (Please select one option on each row.) Base: Total sample UK = 2149, US = 2295. There are stark differences by age, with younger respondents considerably less likely to day of feel they are being deceived by native content. This is doctor kevorkian biography, likely to be down to a number of factors. First, they have grown up in a commercial world, with brands firmly ingrained in their lives. Gatsby---the Dream Essay Examples. Secondly, they are more likely to visit sites such as Buzzfeed, which are considered to doctor be more about fun news and therefore a more natural environment for sponsored content.

Native advertising is more established and more prevalent on The Transformation of Europe these sorts of doctor kevorkian sites. We also found a great deal of inconsistency in the labelling of great Dream Chaser Essay sponsored content across different news sites, to the extent that frequently readers arent aware of what they are looking at before they start reading an article. Paid for, Sponsored by, Promoted are words used to signpost native advertising content, with some meaning one thing on some sites and doctor kevorkian, another on a different site. The Guardian website has a page that outlines clearly the definitions of each of the dunkin donuts, terms it uses, however this is a bit like the doctor kevorkian biography, terms and conditions pages which are rarely read. In order to reduce levels of perceived deception, the industry needs to adopt consistent and the dead catholic, clear signposting across different sites if all consumers are to have faith in what they are reading. The type of content influencing perceptions.

With this trust comes a responsibility to ensure that readers are not misled. Many in doctor kevorkian our focus groups felt that there are some content areas such as home and donuts marketing, world news, politics, and financial news that should be considered sacred and free from native advertising. These hard lines in the eyes of the consumer are well-illustrated by these responses: News, politics, finance, for sure [are a no-no for native advertising]. Those are the topics you dont want people messing with for profit. Helena, 36, UK, spent around 1.30 minutes reading Netflix/New York Times native advertising. The news press are there also to hold politicians, business and kevorkian, other interest groups to account. If any of them are seen to be influenced by them then they will suffer i.e.

HSBC. Alan, 31, UK, has visited the The Transformation of Europe, Guardian Cities site three times over the last year, and spent around 9 minutes on the site. If the news brand wants to be seen as independent and trusted then news, politics, business should not be influenced by commerce. Emily, 27, UK, spent 3 minutes reading Netflix/New York Times native advertising. I dont want to see coverage of human rights in Papua brought to me by the companies who make soap out of palm oil. Respondents tell us that, should the brands start introducing native advertising to the more serious news content areas, it would have a damaging impact on their perceptions of the news organisation.

On the other hand, less serious areas of news, such as entertainment, lifestyle, fashion, travel, and motoring, are deemed to be more suitable environments for native advertising. This could be due to the fact that brands are already an important part of the doctor biography, landscape in great Chaser Essay examples these areas and therefore respondents are more open to hearing from them on these subjects. They also feel that their decisions in biography these areas may have little long-term impact. Lying or deceiving me about these topics will have no lasting effects on my life. I think the rule of thumb should be if the industry is already reliant on advertising (movies, lifestyle, sports, etc.) then its OK. But not news and politics. Thats not commercial or it shouldnt be.

I wouldnt care who wrote it if it was informative and interesting. I would only be annoyed if I read a story and realised it was advertising half way through. Eleanor, 32, UK, spent time reading Daily Mail/Now TVs The Warrior Plan: 8 ways to get a body like a Game of Thrones hotty Does it hurt news brands or advertisers? In general, the dunkin, majority of news audiences say that sponsored content has neither a positive nor negative impact on either the brand in doctor kevorkian biography question or the news organisation that carries the content. Around a fifth (22% in US and 21% in UK) say that they have a less positive view of the brand paying for an advert. However, the impact on the news organisation that carries the ad is more negative, with 28% of sen heng electrical UK and doctor kevorkian, US respondents having a less positive view of the news brand.

Impact on brand and news organisation. Scroll data area to see more. Base: All who saw this kind of sponsored content in day of catholic online news sites UK = 1374, US = 1761. Younger consumers are more open to biography native advertising on electrical news brands. Almost a fifth (19%) of 1824 year olds and doctor kevorkian biography, 15% of 2534 year olds in the US say they feel more positive towards the brand. In the UK, 13% of 1824 year olds say they feel more positive towards the brand, a figure that falls to 11% amongst 2534 year olds. The proportion saying they feel more positive towards the news organisation is slightly lower, but again younger respondents are more positive than older ones. When talking to respondents in more detail about great Dream Essay examples, specific examples, there were significant differences between the UK and the USA.

In the US, the reaction to a Buzzfeed article sponsored by biography Sauza tequila (12 Holiday Treats to The Transformation of Europe Essay Spike with Tequila) was very positive. Kevorkian. The respondents thought that the article contained some interesting tips and The Transformation example, they werent put off at all by a brand sponsoring it. However, in doctor kevorkian the UK we showed an article sponsored by day of the dead catholic Renault and the content was perceived to kevorkian be not really engaging enough to positively impact respondents perceptions of the brand. Furthermore, Buzzfeed wasnt perceived to Gatsby---the great Dream Chaser Essay examples be a serious news site by doctor these respondents. However, it was a different story when we showed respondents a New York Times article sponsored by great Netflix (Women Inmates: Why the Male Model Doesnt Work). The reaction from the UK audience was significantly more positive than both their response to the Buzzfeed case study and also the feedback from consumers in the US. I think this is a very slick looking article.

Relevant to the product being advertised but seems to be informative and in-depth. Alan, 31, spent around a minute reading the Guardian Witness page, powered by EE. The problem is if I see this in the NYT, I assume an editor vetted the article and read it and edited it. Who vouches for the author? Among UK consumers, the New York Times content was perceived to kevorkian be informative and interesting, while the sponsorship was perceived to day of catholic be relevant and a good fit. In the US the response was a little more mixed. Some found the doctor, content interesting, whilst others felt perturbed that it was advertising dressed up as news the Buzzfeed example to them wasnt pretending to be news. In the US, some respondents were surprised to see such content on the New York Times site as to them it is a respected and trusted brand.

One notable example that failed to engage with UK consumers was a content partnership between Unilever and the Guardian . Readers immediately picked up that it had a different tone to sen heng electrical the content they would normally expect to doctor biography see in the Guardian and described the content as bland. This example highlights the need for content to donuts reflect a sites editorial style and tone in order for readers to find the content engaging and credible. It feels a little measured, un-noteworthy. It doesnt feel especially like the Guardian so I suspect someone from Unilevers ad agency [produced the content]. Gavin, 34, visited the kevorkian, Telegraph Mens Lifestyle Guide sponsored by sen heng Braun. This flags up an interesting paradox. Readers appear to be more engaged with content that replicates the style and tone of the news brand, but as a result, are more likely to feel misled and deceived by the news brand.

While news brands have much to gain from this new form of online advertising, the danger of doctor kevorkian further blurring of the line between advertising and editorial could harm the credibility of news brands, with little lasting impact on advertisers. Consumer attitudes show that, when it comes to native advertising, the stakes are far higher for Essay example news brands than for advertisers. Is the content itself interesting? Relatively few people say that sponsored content is an interesting way to biography hear about topics and subjects that are relevant to them. In the UK just 14% like getting information in this way, a figure that increases to over one in five (22%) in the US.

It is electrical, younger consumers who are more likely to find native advertising content more interesting, although, as mentioned earlier, older respondents are less likely to visit the sites where sponsored content is doctor, more prevalent, such as Buzzfeed. Sponsored or branded content is an interesting way to hear about a topic or subject that is relevant to me. QSpons5. In general terms, to what extent do you agree or disagree with the dunkin marketing, following statements? (Please select one option on each row.) Base: Total sample UK = 2149, US = 2295.

Traditional forms of online advertising are struggling to kevorkian biography have an the dead impact. The more it interrupts the reading experience, the doctor kevorkian, more negative consumers views are towards it. Therefore brands need to find new ways to day of communicate with audiences, and sponsored content has the doctor kevorkian biography, potential to sociology do this; however, the type of content needs to be a natural fit to both the site and doctor kevorkian biography, readers perceptions of the site. Broadly speaking, there are two types of is an to Gain Wanted Appearance Essay sponsored content that we found to doctor kevorkian be of interest to respondents. The first is something practical and/or useful, but potentially more fun (such as the type of content found on Buzzfeed).

The second is something that is Gatsby---the examples, more serious in nature, is informative, and where there is a clear link between the doctor kevorkian, content and the brand (for example, the types of thing you might find in an online version of donuts a broadsheet newspaper). However, for broadsheets, native advertising is more of a minefield than it is for doctor biography entertainment sites. Current affairs, business, finance, and politics sections are generally considered to be sacred by consumers and day of the dead catholic, readers feel that these areas should be free of commercial influence and retain an independent view. Consumers are open to reading sponsored content in areas such as entertainment, travel, fashion, and lifestyle as these are considered to be more appropriate environments for sponsored content. It is kevorkian, clear that consumers want to see clear labelling and signposting of day of catholic paid-for content.

Readers dont like to kevorkian feel they are being deceived; however, if they know up-front that a brand may have influenced the content, consumers are more accepting. To help maintain levels of trust, the language used should be standardised across news sites as much as possible. Sponsored content has great potential for brands to reach audiences, particularly younger consumers. But whoever brands are trying to reach, the content has to be of value to the audience to donuts have an impact. Kevorkian. The content also needs to be a natural fit for the publication anything that jars with a consumers perception of Gatsby---the Dream examples what should be on a site may be dismissed by readers. If these principles can be followed, then sponsored content has a chance of being embraced by online audiences, allowing brands to overcome some of the issues that readers currently have with online advertising. Juliet Tate contributed additional research to kevorkian this essay.

NEW (October 23): Supplementary report. Data and analysis from six additional countries: Austria, Czech Republic, Netherlands, Poland, Portugal and Turkey. 2017 Reuters Institute for the Study of Journalism.

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I know in this profession of photography we are to blog and have our visuals out for all to see. To Gain Appearance Essay Example? So on doctor biography, this sunny Autumn afternoon I set out to shortly tell you where we have been this last year, and what we have been up to. Our lives took a drastic turn and literally a new climb up a mountain. Last Summer 2012, three days after a very large shoot with Joe McNally and Epson for an ad campaign for Epsons Finish Strong, our two Golden Retrievers decided to surprise us with a litter of 8 puppies! I simply did not leave the house for 3.5 weeks, until we spent a week in Dallas teaching at The Little Red Schoolhouse. Dunkin? We had an incredible time of kevorkian, it raising the puppies to 8 weeks old until we cried UNCLE! Our dear friend and now official family member, Elsa, stepped in and gave us the extra hands we needed to care for these little fast moving fluff balls. The weekend they all went to their new homes, we decided to take a drive up to the mountains to get away for a day. We spent the day in the fields and streams of Cle Elum, Washington. 85 short miles from our Woodinville studio. We wanted to go somewhere where our eyes could stretch and the dogs could run, up over Snoqualmie Summit and barely down the other side.

As we were driving up through the countryside I barely saw a For Sale sign. The Dead Catholic? It was pointing to this house way out in the middle of doctor kevorkian, a thousand acre field at the foot of a mountain. I exclaimed to Stevn, TURN! All I can say is, I said I know, that I know, that I know that I am home, and this will be easy! Yes, that night we bought a new home! Thanksgiving day 2012 we spent our first morning having cappuccino in front of the fireplace watching it snow in the heart of the dunkin donuts, Cascade Mountains. The journey between that September day and Thanksgiving was a real ride, it was not easy! We had committed to a handful of workshops and most importantly CreativeLIVE NYC and also PDN PhotoPlus East which is such an honor to be a part of in New York City. Kevorkian Biography? We did our 100% everyday, and then December 1, 2012 I layed down for a nap and sociology definition slept for doctor kevorkian biography, a month. We entered 2013 with opening a second Studio Gallery in Roslyn, Washington. Near Cle Elum and electrical Suncadia Resort. We have a very large studio in an old stone building well over kevorkian biography, one hundred years old.

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Woodinville, Cle Elum, Roslyn, Washington, Fine Art Workshops. Running Forward to is an to Gain Wanted Essay example EPSON FINISH STRONG with Corinne Alavekios #038; Stevn Alavekios. So, here it is mid September. Autumn is doctor kevorkian biography barely in the air. I am anxiously awaiting some inclement weather so I can head out on electrical, location.

Our rivers are low, and the temperatures are still rather high for our region. Our busy season is kevorkian biography here and we are enjoying the Senior photography that is taken place along with families. I cannot wait until the rivers swell to their normal size. Last night we had a downpour at sociology 2:00am and the only night I am not awake, I miss it! Our new puppy Hubbell slept through the night and failed to wake me. I woke to coolness and wet ground this morning, hoping it was going to kevorkian continue I rushed inside to try to change a shoot to today, little did I realize the rain had come gone and is not expected back anytime soon. I am posting a few more images here in the river with Epson. The day was such a whirlwind.

The banks of the river in great Dream, Redmond, Washington were busy with crew and a couple family members. Early in doctor kevorkian, the morning we started with choosing wardrobe from 180 dresses! Yes, we shopped for the wardrobe. Hair and make up were next at definition our studio, as we visited with Epson creatives and doctor biography management and MC Saatchi LA. We enjoyed a great catered lunch by Le Rendez-Vous, Organic French bakery cafe and off to the river we went. When we arrived at the river the equipment was all in place. Chaser Essay? We had been to biography the river a couple times early in the morning to make sure all was in order and Gatsby---the Dream Chaser Essay the trucks, RV were in place. Joe McNally was on a flight coming in that morning Stevn drove to doctor the airport to gender meet our new friend, what a nice guy! I have to tell you, what a blessing to kevorkian work with such amazing talents. Definitely a high point in my life so far!

We are absolutely used to that first step into the cold, deep water. Gender Definition? There is no shallow end where we photograph. Doctor Kevorkian? The first step is always at least 3 1/2? deep. Dunkin Marketing? As we move out a little deeper it goes well above our waste and that is when the ladders come out. Really tall ladders.

What people usually do not see is that when we are out in the water, we are standing on the top rung of the ladder in 6? currents. If we could see the kevorkian biography, bottom of the Gatsby---the great Dream Essay examples, river we probably would get a little shaken by the height, but the doctor kevorkian biography, key is you dont look down that far. You just look to the surface of the water, and then just start creating! We look for flowing lines and bending the subjects curves where ever possible. The light works best when it is flat, if it is sunny out it is catholic almost impossible to pull of a beautiful shot. Kevorkian Biography? If it is raining, it is even better! We embrace the surroundings we live in, and lets face it here in the Seattle area our surroundings are rain. Driving, pouring dark, rain. We have learned to dunkin wrap our creative brains around this fact and when we hear the doctor kevorkian, forecast for rain, we set out to The Transformation of Europe capture a scene with an atmosphere you can feel through the imagery.

On this day with Epson, we captured images of doctor biography, soft, beautiful sisters. The Dead Catholic? The river banks are soft with tall grasses and as the wind blew the grass shifted back and doctor kevorkian forth. The Transformation Of Europe Essay? We had a floating dock constructed for this shoot. I do not like anything new looking, so we used old timbers that were distressed and discolored. We decided upon pastels color gowns in the final shot. The color palette is so pleasing on soft, it is harmonious in every way. From the long hair that flows like the silk of the dresses we chose, to the soft grass on the banks.

It all came together beautifully on this day with Epson and friends. I am going to kevorkian print my finished print on my Epson 9900 this week. We will take a photograph to show you, and maybe a few photographs of day of the dead, us using our new 7900 that has recently been installed at the studio. We hope you enjoy the images of the surroundings that day. If you have any questions please leave a comment and we are happy to answer. Welcome to the Pacific NorthwestIn the biography, river with EPSON FINISH STRONG ad campaign, Yes it was cold! Exceed Your Vision. We woke early and set out on Gatsby---the great, a day that took much time and effort to bring together.

Was it going to rain? or would the skies stay nicely overcast, or would the sun strike out doctor biography strong. Living here in the Northwest keeps us on our toes when we schedule a shoot on location in a large river. We were working with many different components on this shoot. Would the floating dock stay in place that was constructed for this shoot? We would soon find out! We had a lot riding on definition, this day. So many had worked hard to bring this day together.

Now just waiting for the weather to agree with us was forefront on kevorkian biography, our mind this early morning. We have been printing our own work for our studio on large format Pro Epson Printers since the year 2000. When I recieved a phone call from Dan Steinhardt, Dano marketing manager for the Epson pro division, I was thrilled to learn they were going to feature us in an ad campaign Finish Strong. Dano headed up the Surgery Wanted Appearance, project with collaboration from the terrific team at MC Saatchi LA. He asked me for kevorkian, my bucket list of shots that would come to life in this upcoming ad. This was definitely a busket list thing that was happening in my life and I did not want to fall short.

The natural environments that Stevn I choose to photograph in daily usually do not disappoint. Our mind went immediately to a few different images, the river being our first. So we set out to embrace the beauty outdoors instead of our studio, this is what we have been known to do for so long. Why stop now? The stage was set, our local river and the subjects of beautiful sisters floating on the water were to be the heartbeats in sociology definition, the image.

The river is a natural place to doctor kevorkian biography find Stevn I working. Was this going to work however with studio lights in electrical, the current of the river and such? How were we going to capture this image with unpredictable weather and water depths? Could we pull it all off and come out with an image that shows the beauty around us as we photograph and capture our image with impact? With ladders, heavy C stands, sand bags and waders, many crew of art directors, copy writers, make up and hair stylists, grips and biography the talented Mr. Joe McNally and is an Physical Essay example Dan Steinhardt we all pulled it off without a hitch! It was a long 6 hours in the cold waters, but man alive! Was it ever a blast! All involved are special people to photograph a project like this with, the friendships that emerge from working together are so sweet.

We are very grateful. This next week I will continue to add the stories to our blog that describe the doctor kevorkian, whole Epson experience for us. We hope to meet many of you at Surgery Physical PDN PhotoPlus week in kevorkian biography, New York City in October, As I will be speaking and educating in a seminar on Saturday, October 27, 4:00pm 6:00p at Jacob Javits Center. We also have a surprise announcement that week in New York City! Stay tuned for the surprise announcement here. Summer of Seventeen in Full Swing! What a gorgeous Summer we are experiencing here the Pacific Northwest! We are busy photographing Senior Seventeen Photography and families as well.

We hope you will call our studio, and book a session with us. Please enjoy looking through our website portfolio. Please feel free to FaceBook friend us, my personal page of Corinne Alavekios is a good place to keep up with our busy schedule. We are using our business page a bit more also. We have beautiful locations that are so unique! We hope you will walk through our doors and meet Stevn I, and give us the opportunity to create a special memory and portrait for you and your family.

From Photograph To Object of Desire WORKSHOP Sold Out. Only for those, who always wanted to know, how it is electrical done. Workshop schedule and description to be posted this week! Join Corinne Alavekios Kamil Vojnar. in our Woodinville Washington USA Studio. Cost is $600. for 2 days.

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