Case Brief Instructions
You will prepare a Case Brief on the provided judicial opinion regarding a criminal justice topic included below , CAVITT v. STATE. DO NOT USE INFORMATION FROM THE CASE BRIEF SAMPLE. The judicial opinion that you will prepare a Case Brief on can be found below. The Case Brief must include the following sections: Caption, Facts, Procedural History, Issue, Rule of Law, Holding, and Rationale. The Case Brief must be 1 page. A heading must be provided for each section of the Case Brief. Save your work as a Microsoft Word document and review the Sample Case Brief provided below.
CAVITT v. STATE Miss. 1199 Cite as 159 So.3d 1199 (Miss.App. 2015) preme court’s notation in Bounds, Bounds asserts that the judge, not the jury, set his sentence at life in prison. Id. Hence, he claims that the imposition of a life sentence by the circuit court judge created an illegal sentence that defeats the statute of limitations on his appeal. ¶ 3. In its order dated January 7, 2014, the circuit court summarily dismissed Bounds’s PCR motion—in part because Bounds failed to seek leave from the supreme court to file the PCR motion and in part because the circuit court found that his case is not excepted from the statute of limitations. On January 21, 2014, Bounds, having reviewed the circuit court’s order, filed a motion for leave from the supreme court to proceed with his PCR motion. On January 27, 2014, Bounds filed the instant appeal. Nonetheless, on June 25, 2014, the supreme court denied Bounds’s request for leave, stating: In the application for leave before this panel, Bounds merely states that his sentence was illegal. He offers no argument and does not support his contention. Bounds’s conviction and sentence were affirmed by this Court, and the mandate issued in 1972. Accordingly, we find that Bounds has failed to make a substantial showing of the denial of a state or federal right, and his application for leave should be dismissed as timebarred. Despite the supreme court’s denial of Bounds’s motion for leave to proceed with his PCR motion, Bounds has continued in his appeal of the matter. DISCUSSION [1, 2] ¶ 4. Mississippi law requires that a movant must obtain permission from the supreme court to file a PCR motion in a circuit court if the movant’s conviction has been affirmed by the appellate court on direct appeal or if the direct appeal has been dismissed. Miss.Code Ann. § 99–39– 7 (Supp.2014). ‘‘This procedure is not merely advisory, but jurisdictional.’’ Bownes v. State, 963 So.2d 1277, 1278 (¶ 3) (Miss.Ct.App.2007) (citation omitted). We have consistently held that when a movant fails to obtain the requisite permission from the supreme court, all other courts lack the jurisdiction necessary to review the movant’s PCR motion. See Doss v. State, 757 So.2d 1016, 1017 (¶ 7) (Miss.Ct. App.2000); Bownes, 963 So.2d at 1279 (¶ 4). Accordingly, both the circuit court and this Court are without jurisdiction to review Bounds’s appeal. As ...
First, I need the outline, which is due tomorrow, Wednesday the 31.docxvoversbyobersby
First, I need the outline, which is due tomorrow, Wednesday the 31st CST.
Then the Key Assignment, which is due this Sunday, August 4th.
NEED TO FOLLOW AN OUTLINE FORMAT THAT IS SHOWN IN WORD (MICROSOFT WORD PROGRAM HAS SEVERAL OUTLINE TEMPLATES.)
Based on the following information, create a detailed outline for the Key Assignment
DO NOT MERELY REWRITE THE QUESTIONS IN OUTLINE FORM. Also, do not simply outline the assignment scenario. APA Format.
Key Assignment
Scenario: While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking you, “What do you have?” You ask him what he is looking for, and he tells you he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, "20 dollars." He hands you a $20 bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail.
The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. He was found guilty and sentenced to serve 5 years in jail and given credit for the 3 months he already had served in jail.
Assignment Guidelines
•Address the following in 1,250–1,500 words:
•Research and provide 2–3 case briefs on specific case law related to the entrapment defense as it may or may not apply in the case scenario. ◦Your case briefs should follow this format:
◾Title: Title of the selected case
◾Facts: Summary of the events, court timeline, evidence, and so forth
◾Issues: Issues that were present in this case
◾Decisions: The court's decision and the conclusion to the case
◾Reasoning: The rationale behind the final decision
◾Dissenting opinions: Any dissenting opinions, and an explanation of what they were and why they were raised
Answer the following questions:
◦Did you have probable cause to approach the defendant while he was parked at the traffic light? Why or why not? Defend your answer.
◦Do you feel that the entrapment defense is a valid one, considering the assignment scenario? Why or why not? Defend your answer.
◦Is providing the opportunity for someone to commit a crime the same as entrapment? Why or why not?
◦If the substance were marijuana, how much would be needed for a misdemeanor charge? A felony?
•Be sure to reference all sources using APA style.
Need outline checked, revised, & finished. I have started the outline, but have not finished it.
(TITLE OF OUTLINE) ENTRAPMENT
I. Introduction: Entrapment is when law enforcement office ...
First, I need the outline, which is due tomorrow, Wednesday the 31.docxvoversbyobersby
First, I need the outline, which is due tomorrow, Wednesday the 31st CST.
Then the Key Assignment, which is due this Sunday, August 4th.
NEED TO FOLLOW AN OUTLINE FORMAT THAT IS SHOWN IN WORD (MICROSOFT WORD PROGRAM HAS SEVERAL OUTLINE TEMPLATES.)
Based on the following information, create a detailed outline for the Key Assignment
DO NOT MERELY REWRITE THE QUESTIONS IN OUTLINE FORM. Also, do not simply outline the assignment scenario. APA Format.
Key Assignment
Scenario: While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking you, “What do you have?” You ask him what he is looking for, and he tells you he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, "20 dollars." He hands you a $20 bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail.
The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. He was found guilty and sentenced to serve 5 years in jail and given credit for the 3 months he already had served in jail.
Assignment Guidelines
•Address the following in 1,250–1,500 words:
•Research and provide 2–3 case briefs on specific case law related to the entrapment defense as it may or may not apply in the case scenario. ◦Your case briefs should follow this format:
◾Title: Title of the selected case
◾Facts: Summary of the events, court timeline, evidence, and so forth
◾Issues: Issues that were present in this case
◾Decisions: The court's decision and the conclusion to the case
◾Reasoning: The rationale behind the final decision
◾Dissenting opinions: Any dissenting opinions, and an explanation of what they were and why they were raised
Answer the following questions:
◦Did you have probable cause to approach the defendant while he was parked at the traffic light? Why or why not? Defend your answer.
◦Do you feel that the entrapment defense is a valid one, considering the assignment scenario? Why or why not? Defend your answer.
◦Is providing the opportunity for someone to commit a crime the same as entrapment? Why or why not?
◦If the substance were marijuana, how much would be needed for a misdemeanor charge? A felony?
•Be sure to reference all sources using APA style.
Need outline checked, revised, & finished. I have started the outline, but have not finished it.
(TITLE OF OUTLINE) ENTRAPMENT
I. Introduction: Entrapment is when law enforcement office ...
Using the attached information, you will prepare a Case Brief on a.docxdaniahendric
Using the attached information, you will prepare a Case Brief on a recent United States Supreme Court decision regarding a criminal justice topic. You must include the following sections: caption, facts, procedural history, issue, rule of law, holding, and rationale. The Case Brief must be 1–2 pages. Save your work as a Microsoft Word document and submit it to Blackboard. Prior to submitting the assignment, review the Case Brief Grading Rubric to verify that all components of the assignment have been completed.
(Slip Opinion)
OCTOBER TERM, 2012 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States
v.
Detroit Timber & Lumber Co.,
200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
SALINAS
v
. TEXAS
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS
No. 12–246. Argued April 17, 2013—Decided June 17, 2013
Petitioner, without being placed in custody or receiving
Miranda
warn- ings, voluntarily answered some of a police officer’s questions about a murder, but fell silent when asked whether ballistics testing would match his shotgun to shell casings found at the scene of the crime. At petitioner’s murder trial in Texas state court, and over his objection, the prosecution used his failure to answer the question as evidence of guilt. He was convicted, and both the State Court of Appeals and Court of Criminal Appeals affirmed, rejecting his claim that the pros- ecution’s use of his silence in its case in chief violated the Fifth Amendment.
Held
: The judgment is affirmed.
369 S. W. 3d 176, affirmed.
J
USTICE
A
LITO
, joined by T
HE
C
HIEF
J
USTICE
and J
USTICE
K
ENNEDY
,
concluded that petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege in response to the officer’s question. Pp. 3
−
12.
(a) To prevent the privilege against self-incrimination from shield- ing information not properly within its scope, a witness who “ ‘desires the protection of the privilege . . . must claim it’ ” at the time he relies on it.
Minnesota
v.
Murphy
, 465 U. S. 420, 427. This Court has rec- ognized two exceptions to that requirement. First, a criminal de- fendant need not take the stand and assert the privilege at his own trial.
Griffin
v.
California
, 380 U. S. 609, 613–615. Petitioner’s si- lence falls outside this exception because he had no comparable un- qualified right not to speak during his police interview. Second, a witness’ failure to invoke the privilege against self-incrimination must be excused where governmental coercion makes his forfeiture of the privilege involuntary. See,
e.g.
,
Miranda
v.
Arizona
, 384 U. S. 436, 467
−
468, and n. 37. Petitioner cannot benefit from this principle
2
SALINAS
v.
TEX.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
Pick two of the types of criminal acts discussed in the readings and.docxrowthechang
Pick two of the types of criminal acts discussed in the readings and conduct an internet search for cases in which a security professional was charged with those particular offenses. Explain in detail the facts of the case, why you selected it and the outcome of the case.
Technical Requirements
•
Your paper must be at a minimum of 2-3 pages (the Title and Reference pages do not count towards the minimum limit).
•
Scholarly and credible references should be used. A good rule of thumb is at least 2 scholarly sources per page of content.
•
Type in Times New Roman, 12 point and double space.
Reference
Nemeth, C. (2011). Private Security and The Law-4th Edition (4th ed.). Waltham, MA: Elsevier
Butterworth-Heinemann.
Lola Rabon, Appellee, v. Guardsmark, Inc., Appellant No. 76-2398 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
571 F.2d 1277; 1978 U.S. App. LEXIS 12576 November 9, 1977, Argued February 16, 1978, Decided
PRIOR HISTORY: Appeal from the United States District Court for the District of South Carolina, at Columbia. Sol Blatt, Jr., District Judge.
DISPOSITION: Reversed.
CASE SUMMARY: PROCEDURAL POSTURE: Appellant security company sought review of a judgment from the United States District Court for the District of South Carolina which granted summary judgment to appellee injured person in her action which sought damages from the security company after the injured person was sexually assaulted at her place of employment by a security guard employed by the security company.
OVERVIEW: The security company provided security services where the injured person was employed. The injured person was sexually assaulted by a security guard employed by the security company and sought to find the security company liable for the attack. The district court found that, under state law, the security company would have a higher standard of care because the assault occurred at the place where the security company's business was carried out and because it was committed with a gun supplied by the security company. The court noted that only common carriers owed its patrons the highest degree of care. The court, however, disagreed with the district court's extension of that standard of care to the security company. The court found that the cases which extended the highest degree of care to the employer all involved common carriers and that it was unclear from the law the reasons for the state's adoption of the higher standard of liability. The court refused to extend liability to the security company for the unauthorized acts of its employee without some reasonable basis in the law and noted that S.C. Code § 56-646.1 et seq. was a licensing statute and did not impute liability. (Lola Rabon, Appellee, v. Guardsmark, Inc.)
There are three reasons usually given for the extraordinary liability of common carriers. First, the contract of passage between the carrier and the passenger is said to contain an implied assurance that the passenger will be transpor.
Please respond to the followingSummarize the information from.docxmichelljubborjudd
Please respond to the following:
Summarize the information from your learner and task analyses that outlines the knowledge, skills (behaviors), and attitudes that may be required for the learners in your project.
Then, write three instructional objectives for your project that include one instructional objective from each domain (cognitive, behavior, affective).
.
Chapter 10 1 & 161. Transaction versus Economic Exposure Comp.docxmichelljubborjudd
Chapter 10: 1 & 16
1. Transaction versus Economic Exposure
Compare and contrast transaction exposure and economic exposure. Why would an MNC consider examining only its “net” cash flows in each currency when assessing its transaction exposure?
16. Measuring Changes in Economic Exposure Toyota Motor Corp.
measures the sensitivity of its exports to the yen exchange rate (relative to the U.S. dollar). Explain how regression analysis could be used for such a task. Identify the expected sign of the regression coefficient if Toyota primarily exports to the United States. If Toyota established more plants in the United States, how might the regression coefficient on the exchange rate variable change?
...
More Related Content
Similar to Case Brief InstructionsYou will prepare a Case Brief on th.docx
Using the attached information, you will prepare a Case Brief on a.docxdaniahendric
Using the attached information, you will prepare a Case Brief on a recent United States Supreme Court decision regarding a criminal justice topic. You must include the following sections: caption, facts, procedural history, issue, rule of law, holding, and rationale. The Case Brief must be 1–2 pages. Save your work as a Microsoft Word document and submit it to Blackboard. Prior to submitting the assignment, review the Case Brief Grading Rubric to verify that all components of the assignment have been completed.
(Slip Opinion)
OCTOBER TERM, 2012 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States
v.
Detroit Timber & Lumber Co.,
200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
SALINAS
v
. TEXAS
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS
No. 12–246. Argued April 17, 2013—Decided June 17, 2013
Petitioner, without being placed in custody or receiving
Miranda
warn- ings, voluntarily answered some of a police officer’s questions about a murder, but fell silent when asked whether ballistics testing would match his shotgun to shell casings found at the scene of the crime. At petitioner’s murder trial in Texas state court, and over his objection, the prosecution used his failure to answer the question as evidence of guilt. He was convicted, and both the State Court of Appeals and Court of Criminal Appeals affirmed, rejecting his claim that the pros- ecution’s use of his silence in its case in chief violated the Fifth Amendment.
Held
: The judgment is affirmed.
369 S. W. 3d 176, affirmed.
J
USTICE
A
LITO
, joined by T
HE
C
HIEF
J
USTICE
and J
USTICE
K
ENNEDY
,
concluded that petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege in response to the officer’s question. Pp. 3
−
12.
(a) To prevent the privilege against self-incrimination from shield- ing information not properly within its scope, a witness who “ ‘desires the protection of the privilege . . . must claim it’ ” at the time he relies on it.
Minnesota
v.
Murphy
, 465 U. S. 420, 427. This Court has rec- ognized two exceptions to that requirement. First, a criminal de- fendant need not take the stand and assert the privilege at his own trial.
Griffin
v.
California
, 380 U. S. 609, 613–615. Petitioner’s si- lence falls outside this exception because he had no comparable un- qualified right not to speak during his police interview. Second, a witness’ failure to invoke the privilege against self-incrimination must be excused where governmental coercion makes his forfeiture of the privilege involuntary. See,
e.g.
,
Miranda
v.
Arizona
, 384 U. S. 436, 467
−
468, and n. 37. Petitioner cannot benefit from this principle
2
SALINAS
v.
TEX.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
Pick two of the types of criminal acts discussed in the readings and.docxrowthechang
Pick two of the types of criminal acts discussed in the readings and conduct an internet search for cases in which a security professional was charged with those particular offenses. Explain in detail the facts of the case, why you selected it and the outcome of the case.
Technical Requirements
•
Your paper must be at a minimum of 2-3 pages (the Title and Reference pages do not count towards the minimum limit).
•
Scholarly and credible references should be used. A good rule of thumb is at least 2 scholarly sources per page of content.
•
Type in Times New Roman, 12 point and double space.
Reference
Nemeth, C. (2011). Private Security and The Law-4th Edition (4th ed.). Waltham, MA: Elsevier
Butterworth-Heinemann.
Lola Rabon, Appellee, v. Guardsmark, Inc., Appellant No. 76-2398 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
571 F.2d 1277; 1978 U.S. App. LEXIS 12576 November 9, 1977, Argued February 16, 1978, Decided
PRIOR HISTORY: Appeal from the United States District Court for the District of South Carolina, at Columbia. Sol Blatt, Jr., District Judge.
DISPOSITION: Reversed.
CASE SUMMARY: PROCEDURAL POSTURE: Appellant security company sought review of a judgment from the United States District Court for the District of South Carolina which granted summary judgment to appellee injured person in her action which sought damages from the security company after the injured person was sexually assaulted at her place of employment by a security guard employed by the security company.
OVERVIEW: The security company provided security services where the injured person was employed. The injured person was sexually assaulted by a security guard employed by the security company and sought to find the security company liable for the attack. The district court found that, under state law, the security company would have a higher standard of care because the assault occurred at the place where the security company's business was carried out and because it was committed with a gun supplied by the security company. The court noted that only common carriers owed its patrons the highest degree of care. The court, however, disagreed with the district court's extension of that standard of care to the security company. The court found that the cases which extended the highest degree of care to the employer all involved common carriers and that it was unclear from the law the reasons for the state's adoption of the higher standard of liability. The court refused to extend liability to the security company for the unauthorized acts of its employee without some reasonable basis in the law and noted that S.C. Code § 56-646.1 et seq. was a licensing statute and did not impute liability. (Lola Rabon, Appellee, v. Guardsmark, Inc.)
There are three reasons usually given for the extraordinary liability of common carriers. First, the contract of passage between the carrier and the passenger is said to contain an implied assurance that the passenger will be transpor.
Please respond to the followingSummarize the information from.docxmichelljubborjudd
Please respond to the following:
Summarize the information from your learner and task analyses that outlines the knowledge, skills (behaviors), and attitudes that may be required for the learners in your project.
Then, write three instructional objectives for your project that include one instructional objective from each domain (cognitive, behavior, affective).
.
Chapter 10 1 & 161. Transaction versus Economic Exposure Comp.docxmichelljubborjudd
Chapter 10: 1 & 16
1. Transaction versus Economic Exposure
Compare and contrast transaction exposure and economic exposure. Why would an MNC consider examining only its “net” cash flows in each currency when assessing its transaction exposure?
16. Measuring Changes in Economic Exposure Toyota Motor Corp.
measures the sensitivity of its exports to the yen exchange rate (relative to the U.S. dollar). Explain how regression analysis could be used for such a task. Identify the expected sign of the regression coefficient if Toyota primarily exports to the United States. If Toyota established more plants in the United States, how might the regression coefficient on the exchange rate variable change?
...
Chapter 10, global risks will continue to occur. Table 10.3.docxmichelljubborjudd
Chapter 10, global risks will continue to occur.
Table
10.3:
Global
risks
2014
ECONOMIC
Shocks
to
economic
infrastructure
Fiscal
crises
in
key
economies
[1]
Failure
of
a
major
financial
mechanism
or
institution
[9]
Liquidity
crises
Structurally
high
unemployment/underemployment
[2]
Oil-price
shock
to
the
global
economy
Failure/shortfall
of
critical
infrastructure
Decline
of
importance
of
the
US
dollar
as
a
major
currency
ENVIRONMENTAL
Natural
disasters
and
man-made
risks
of
depletion
of
natural
resources
Greater
incidence
of
extreme
weather
events
(e.g.
floods,
storms,
fires)
[6]
Greater
incidence
of
natural
catastrophes
(e.g.
earthquakes,
tsunamis,
volcanic
eruptions,
geomagnetic
storms)
Greater
incidence
of
man-made
environmental
catastrophes
(e.g.
oil
spills,
nuclear
accidents)
Major
biodiversity
loss
and
ecosystem
collapse
(land
and
ocean)
Water
crises
[3]
Failure
of
climate
change
mitigation
and
adaptation
[5]
GEOPOLITICAL
Areas
of
politics,
diplomacy,
conflict,
crime,
and
global
governance
(corruption)
Global
governance
failure
[7]
Political
collapse
of
a
nation
of
geopolitical
importance
Increasing
corruption
Major
escalation
in
organized
crime
and
illicit
trade
Large-scale
terrorist
attacks
Deployment
of
weapons
of
mass
destruction
Violent
inter-state
conflict
with
regional
consequences
Escalation
of
economic
and
resource
nationalization
SOCIETAL
Risk
relating
to
social
stability
and
public
health
Food
crises
[8]
Pandemic
outbreak
Unmanageable
burden
of
chronic
disease
Severe
income
disparity
[4]
Antibiotic-resistant
bacteria
Mismanaged
urbanization
(e.g.
planning
failures,
inadequate
infrastructure
and
supply
chains)
Profound
political
and
social
instability
[10]
TECHNOLOGICAL
Risks
relating
to
growing
centrality
of
information
and
communication
technologies
Breakdown
of
critical
information
infrastructure
and
networks
Escalation
in
large-scale
cyber
attacks
Massive
incident
of
data
fraud/theft
Look at one of the risk areas (e.g., economic, environmental, geopolitical, societal, and technological) and consider a topic of future ethical consideration. Define and describe the ethical issue. Using terms to describe what considerations should be in place.
References & Articles
Gonzalez-Padron, T. (2015).
Business ethics and social responsibility for managers
Usnick, L., & Usnick, R. (2013).
Compliance program auditing: The growing need to insure that compliance programs themselves comply
.
Southern Law Journal, 23
(2), 311-327.
Andrei, C. L., Tigu, G., Dragoescu, R. M., & Sinescu, C. J. (2014, November).
Analysis of medical tourism for cardiovascular diseases
.
Amfiteatru Economic
, (8)16, 1136-1150.
Jagyasi, P. (2012).
Understanding ethical issues of medical tourism (Links to an external site.)Links to an external site ...
Chapter 1 of the text highlights the nine properties of life. Briefl.docxmichelljubborjudd
Chapter 1 of the text highlights the nine properties of life. Briefly describe each of the nine properties and discuss how things like a virus, prion, and viroid can reproduce, but are not considered to be alive. Address the question: how can things like these that are not considered to be alive “evolve”?
Your assignment should be 250-500 words in length
...
Changing the culture of the organization can be one of the tough.docxmichelljubborjudd
Changing the culture of the organization can be one of the toughest tasks for a manager. Organizational culture forms over years of interaction among the employees. However, organizational culture can change. It just requires understanding, commitment, and tools.
This week's Discussion essay has two components.
In your work, which should e no less than 250 words, please address the following:
1. How does culture affect organizational change?
2. In the chapter "Redesigning the Organizational "Hardware": The Keys to Strategic Design," Nadler identifies the elements of organizational design as structure, processes, and systems. Comment on how these components are currently being used in a change initiative you are involved in, or how they were used in a change initiative you witnessed in the past.
Reading requirement:
Nadler, D. A., & Nadler, M. B. (1998). Champions of change: How CEOs and their companies are mastering the skills of radical change. San Francisco, CA: Jossey-Bass.
...
Change View Max Points 10.0Organizations can avoid investing .docxmichelljubborjudd
Change View
Max Points: 10.0
Organizations can avoid investing in training and development activities because it is difficult to quantify the ROI (return on investment). As a manager who has identified a need for training and development in your organization, develop a training and development proposal to be presented to the leadership team. Include a brief overview of different delivery methods for training and development, expected outcomes, and po
...
Change management plans define the process for identifying, approvin.docxmichelljubborjudd
Change management plans define the process for identifying, approving, implementing, and evaluating necessary changes due to new requirements, risks, patches, maintenance, and errors.
Create
a 350- to 700-word Change Management Plan for your chosen organization.
Include
a discussion on roles and responsibilities, using swim lanes and callouts, illustrating who should be involved in developing, testing, and planning, and who reviews and signs off on the change management requests.
Submit
your plan using the Assignment Files tab.
...
Change Control Management Please respond to the followingAs ex.docxmichelljubborjudd
"Change Control Management" Please respond to the following:
As explained in the text, scope creep is very common in projects. A formal change control management is difficult to enforce and more often overlooked near the end of the project when scope creep is more common. Recommend strategies to enforce change control management. Appraise the advantages of having a change management board integrated by members from different functional teams or departments.
...
Chamberlain College of NursingNR451RN Capstone CourseCapsto.docxmichelljubborjudd
Chamberlain College of Nursing
NR451:
RN Capstone Course
Capstone Project Milestone
2:
Design for Change
Proposal
Guide
lines
Purpose
You are to create a Design for Change proposal inclusive of your
P
ractice
I
ssue
and Evidence Summary
worksheet
from your Capstone Project Milestone #1. Your plan is to convince your management team of a nursing problem you have uncovered and you feel is significant enough to change the way something is currently practiced. In the event you are not currently working as a nurse, please use a hypothetical clinical situation you experienced in nursing school, or nursing education issue you identified in your nursing program.
Course Outcomes
This assignment enables the student to meet the following course outcomes.
•
CO1: Applies the theories and principles of nursing and related disciplines to individuals, families, aggregates, and communities from entry to the healthcare system through long-term planning. (PO #1)
•
CO2: Proposes leadership and collaboration strategies for use with consumers and other healthcare providers in managing care and/or delegating responsibilities for health promotion, illness prevention, health restoration and maintenance, and rehabilitative activities. (PO #2)
Due Date
Milestone
2 consists of the proposal for your Design for Change
Capstone Project. Submit this assignment
to the Dropbox by the end of
Week 4
.
Points
Milestone
2 is worth
225 points
.
Directions
1.
Create a proposal for your Design for Change Capstone Project. Open the
NR451_Milestone2_Design_Proposal_
template in Course Resources
to create your paper
. You will include
the information from Milestone
1, your
practice issue
and evidence summary
worksheet
s
, as you compose this proposal. Your plan is to convince your management team of a
practice
problem you have uncovered
that
is significant enough to change
current practice
.
2.
The format for this proposal will be a paper following the
Publication manual of APA
6
th
edition.
3.
The paper is to be four- to six-pages excluding the Title page and Reference page.
4.
As you organize your information and evidence, include the following topics.
a.
Introduction:
Write an introduction but do not use “Introduction” as a heading in accordance with the rules put forth in the
Publication manual of the American Psychological Association
(2010, p. 63).
Introduce the reader to the plan with evidence-based problem identification and solution.
b.
Change
Model Overview:
Overview of ACE Star model; define the scope of the EBP; identify the stakeholders, and determine the responsibility of the team members.
c.
Evidence:
Conduct internal and external searches of evidence; integrate and summarize the evidence summary worksheet from Milestone 1; develop a recommendation for change.
d.
Translation:
develop a hypothetical action plan; include measurable outcomes, reporting to stakeholders; identify next steps and disseminate the findings.
e.
...
Change and Personal Reflection Please respond to the following.docxmichelljubborjudd
"Change and Personal Reflection" Please respond to the following:
Identify a reason to necessitate change in the criminal justice organization of your choice (police, courts corrections, etc.) and discuss the process in which the change will occur.
Discuss where you expect to be in five years after receiving your degree in Criminal Justice, e.g. do you expect to be in your current job, in another job, etc.?
...
CH 1-11 do not plagiarize! Take a moment to reflect on what you .docxmichelljubborjudd
CH 1-11 do not plagiarize!
Take a moment to reflect on what you believe to be defining characteristics of entrepreneurs and answer the following questions:
(1) What is an entrepreneur?
(2) What do you believe to be three defining characteristics of entrepreneurs? Why?
(3) Do you agree with Peter Drucker's assessment? Why or why not?
(4) What is innovation and how is it related to entrepreneurship?
...
Chambliss discusses the efforts to revitalize the economically distr.docxmichelljubborjudd
Chambliss discusses the efforts to revitalize the economically distressed urban core in several major cities. What are the potential effects of urban renewal and gentrification on the economy and current residents of the neighborhood? How can urban renewal be balanced with the needs of the residents who may be displaced? For those who have lived in a city, do you have examples that support or contradict the description of urban renewal from the reading?
...
Certified medical administrative assistants (CMAAs) need to be aware.docxmichelljubborjudd
Certified medical administrative assistants (CMAAs) need to be aware of the many medical options that are available in their community.
For this assignment, develop a document that contains the community resources for breast cancer patients.
Discuss the steps that will be taken to gather and present the information.
Include a procedure to update the information on a regular basis.
I HAVE ALREADY DONE THE FIRST PORTION OF COLLECTING COMMUNITY RESOURCES FOR BREAST CANCER PATIENTS..
I NEED HELP WITH THE LAST TWO PORTIONS IN BOLD! THIS IS DUE TONIGHT BY 6PM CENTRAL TIME.. I NEED HELP..
...
Chapter 1 (The Expansion of Criminological Theory)1. Compare and con.docxmichelljubborjudd
Chapter 1 (The Expansion of Criminological Theory)1. Compare and contrast the sociological (Mills) and criminological (Williams imaginations.2. Why do you think social science and criminological theories are less successful and prediction and focus more on description and low-level explanation?The written answers (1.5-2 pages each question, typed, double-spaced, one-inch margins all around, 10-point font
...
Challenges in Rebuilding and ReconstructionA small community is de.docxmichelljubborjudd
Challenges in Rebuilding and Reconstruction
A small community is devastated by a flood, and the historic Main Street of the community suffers severe damages. The community has been experiencing economic hardship for the last decade and many argue that this disaster represents an opportunity to gentrify Main Street with parks, walkways, and bike paths. This reconstruction also offers an opportunity to improve the community’s economy with new buildings and businesses. However, there is a good deal of opposition to this plan because of the historical nature of Main Street. Opponents argue that the installation of walkways, bike paths, parks, and new buildings is incompatible with the historical nature of Main Street. The extent to which emergency managers and city officials decide to rebuild or reconstruct will vary depending on individual community needs.
For this Discussion, review the Learning Resources for this week. Reflect on why historical properties and landscapes are important to people and communities. Consider the implications related to rebuilding and reconstructing after a disaster event specifically as it applies to historic structures.
Post
a brief explanation of two or three challenges that officials might face in deciding whether to rebuild or reconstruct historic and cultural structures after an emergency event.
Be sure to use the Learning Resources and current literature to support your response.
Phillips, B. D. (2015).
Disaster recovery
(2nd ed.). Boca Raton, FL: Taylor & Francis Group.
Chapter 4, “Debris Management” (pp. 91-128)
Chapter 6, “Historic and Cultural Resources” (pp. 163-194)
...
Catherine OwensRead the incident scenario, and write a response th.docxmichelljubborjudd
Catherine Owens
Read the incident scenario, and write a response that is at least three pages in length. Your response must include answers to the questions being asked. All sources used, including the textbook, must be referenced. Paraphrased and/or quoted materials must have accompanying in-text and reference citations in APA format.
Scenario:
You are the Refinery Emergency Response Coordinator for an incident at the SJV Refinery which has been in operation since 1966. The refinery processes 120,000 bbls of crude oil per day, which has a sulfur content of 2.5 percent. The refinery converts crude oil to naptha, light oil, and heavy oils using the Atmospheric/Vacuum Distillation Unit with key equipment such as the following:
·
·
naptha, kerosene, gasoline, and diesel hydrotreaters;
·
·
isomerization unit;
·
·
naptha reformer;
·
·
fluid catalytic cracker;
·
·
coker;
·
·
hydrocracker;
·
·
polymerization unit (petrochemical section of the refinery polymerizing olefin gases to produce polyethylene);
·
·
sulfur recovery Claus plant (catalytic reactors); and
·
·
distillate/gasoline blending tanks.
The refinery was initiating work on a major plant turnaround at the time of the incident to complete required maintenance repairs, mechanical integrity inspections, and modifications to existing equipment. Twenty contractor companies (approximately 150 employees) have been contracted to perform this work under the direction of refinery staff. All of the contractor workers completed the refinery orientation training.
Work for the contractor crews is assigned/scheduled each morning. On the day of the incident, the day-shift (6 am to 6 pm) crew had been tasked with isolating the acid gas feed stream for the Claus unit. Due to other work priorities, the crew did not isolate the line as planned. A shift turnover for the night contractor crew did not happen due to mandatory safety training that delayed their arrival at the worksite. Upon their arrival at the work site, the night crew held a job safety analysis (JSA) review of the scheduled task (line breaking of the acid gas feed line to replace a segment) to be performed and the hazards present. No pressure gauges or monitoring was present to indicate that the acid gas feed line was operational. The crew initiated the line breaking activity (open the line to the atmosphere) at approximately 7:45 pm under self-contained breathing apparatus (SCBA), which almost immediately resulted in the uncontrolled release of acid gas. A nearby ignition source from a welding operation ignited the flammable gas. The following actions were initially taken:
·
·
The evacuation alarm was sounded and the refinery emergency response team (ERT) was activated.
·
·
The plant manager and the local fire department were notified of the incident.
·
·
The incident command was established at the refinery office near the main refinery access gate to the south (this
is the furthest distance within the refinery boundary ...
Ceate a 2- to 3-page document in Microsoft Word for providing answer.docxmichelljubborjudd
Ceate a 2- to 3-page document in Microsoft Word for providing answers to questions in the following review sheets:
Support your responses with examples.
Cite any sources in APA format.
Week 1 – Review Sheet
E
x
e
r
c
i
se1: Han
g
in
g
-
d
r
opand
w
e
t
-
m
o
untprepa
r
at
i
ons
1.
H
o
w
d
o
e
strue
m
ot
i
li
t
y
d
i
ff
e
r
f
r
o
m
B
r
o
w
n
i
an
m
o
v
e
m
e
n
t?
2.
W
h
at
m
orpho
l
o
g
i
c
a
l
s
tru
c
t
u
r
e
i
s re
s
p
o
n
s
i
b
l
e
f
orba
c
te
r
i
al
m
ot
i
l
i
t
y
?
3.
W
hy
i
sa
w
etpre
p
arat
i
ond
isc
arded
i
n
d
i
s
i
n
f
e
c
ta
n
t
s
o
l
u
t
i
onor
b
i
o
h
a
z
ard
c
o
n
t
a
i
n
e
r
?
4.
W
h
at
i
s t
h
e
v
a
l
ueofah
a
n
g
i
n
g-
dr
o
p
p
r
e
p
a
r
a
t
i
o
n?
5.
W
h
at
i
s t
h
e
v
a
l
ueofa
w
e
t
-
m
o
u
ntprepara
t
i
o
n
?
E
x
e
r
c
i
se2:
S
im
p
l
e
s
t
ai
n
s
1.
De
f
i
nea
c
i
d
i
ca
n
db
a
s
i
c
d
y
e
s
.
W
h
a
t
i
s t
h
e
p
urpo
s
eofe
a
c
h?
2.
W
h
at
i
s t
h
e
p
urpo
s
eof
f
i
x
i
nga
sl
i
det
h
a
t
i
s
t
o
b
e
s
ta
i
n
e
d?
3.
W
hyarethe
s
p
e
c
i
m
e
n
stobe
s
t
a
i
n
e
dsu
s
p
e
n
d
e
d
i
ns
t
eri
l
e
s
a
l
i
neor
d
i
s
t
i
ll
e
d
w
a
t
e
r
?
4.
H
o
w
d
o
e
sa
s
t
a
i
n
edp
r
e
p
a
r
at
i
o
nco
m
p
a
r
ew
i
tha
h
a
n
g
i
ngdr
o
p
f
or
s
tu
d
y
i
n
g
t
h
e
m
orpho
l
o
g
y
a
nd
m
ot
i
li
t
yofb
a
c
ter
i
a?
5.
L
i
s
t
a
t
l
e
a
s
tt
h
r
e
e
t
y
p
e
sof
b
a
c
ter
i
awhosen
a
m
esre
f
l
e
c
tt
h
e
i
r
s
h
a
p
esa
n
d
a
rr
a
n
g
e
m
e
n
t
s
,
a
nd
s
ta
t
e
t
h
e
m
e
a
n
i
n
g
o
f e
a
c
hn
a
m
e.
E
x
e
r
c
i
se3:
G
r
amstain
1.
W
h
at
i
s t
h
e
f
u
n
c
t
i
onoft
h
e
i
o
d
i
ne
s
o
l
u
t
i
on
i
nthe
Gr
am
s
ta
i
n?If
i
t
w
ereo
m
i
tt
e
d,h
o
wwo
u
l
dst
a
i
n
i
ng
r
e
s
u
l
tsbea
ff
e
c
te
d
?
2.
W
h
at
i
s the
p
urpo
s
eoft
h
ea
l
c
o
h
ol
s
o
l
u
t
i
o
n
i
n
t
h
eG
r
a
m
s
ta
i
n?
3.
W
h
at
c
o
u
nt
e
rs
ta
i
n
i
su
s
e
d
?
W
h
y
i
s
i
tn
e
c
e
ss
a
r
y
?Co
u
l
dco
l
orso
t
h
e
r
t
h
a
n
r
ed
b
e
us
e
d
?
4.
W
h
at
i
s t
h
e
a
d
v
a
n
t
a
g
eoft
h
eG
r
am
s
ta
i
n
o
v
era
s
i
m
p
l
e
s
ta
i
nsu
c
has
m
et
h
y
l
e
neb
l
u
e
?
5.
In
w
h
at
k
i
ndof
c
l
i
n
i
c
a
l
s
i
t
ua
t
i
on
w
o
u
l
da
d
i
r
e
c
t
s
m
e
a
r
r
e
p
ort
f
r
om t
h
e
l
a
b
orato
r
y
b
e
o
f urge
n
t
i
m
p
o
r
ta
n
c
e?
...
cenario Additional DetailsAs the system administrator, you are al.docxmichelljubborjudd
cenario: Additional Details
As the system administrator, you are always looking for ways to improve your network. Although there are many different types of operating systems, there are many versions of the operating systems, as well. After much research, you have decided that proprietary operating systems would not fit well in a health care facility. An open-source operating system may be a better fit. Your company is currently using a proprietary operating system.
...
CDHPsA new type of third-party-reimbursement healthcare payment pl.docxmichelljubborjudd
CDHPs
A new type of third-party-reimbursement healthcare payment plan is emerging in the United States. CDHPs strive to control costs and improve quality of care by requiring consumers to take control of their own healthcare decisions. Consumers decide how they want to spend their healthcare dollars, depending on what is important to them. CDHPs are geared to encourage participants to enroll in some type of wellness program and improve their lifestyles. Specific types of CDHPs are health reimbursement accounts (HRA), flexible spending accounts (FSA), and health savings accounts (HSA).
However, there are concerns about CDHPs. The consumer may neither understand nor have the education and the tools to manage his or her own healthcare appropriately. This may have long-term ramifications on the whole healthcare system and whether CDHPs can be successful for the consumer, the employer, the physician, and the healthcare facilities, as well as the insurers. Answer the following questions in regard to this development:
Are CDHPs more geared toward the healthier and younger population?
Are they effective for patients with chronic illnesses?
Will they discourage the use of preventative care and cause increased healthcare costs in the future?
After examining the above questions in your analysis, work around the following instructions and create a 8- to 10-page Microsft Word document:
Summarize the history of when, how, and why CDHPs were developed.
Explain HSA, HRA, and FSA with examples.
Examine different segments of the population. Describe which socioeconomic group is likely to benefit the most from CDHPs.
Explain the types of incentives to providers for efficiency in the delivery of healthcare services. Explain who bears the financial risk—the provider, the patient, or the CDHP.
Offer your recommendations for patients considering a CDHP, including which types are appropriate for which patients. Include your recommendations for each, to accept or decline, and also include your rationale behind such recommendations.
...
CC is a previously healthy 27-year-old man admitted to the critical .docxmichelljubborjudd
CC is a previously healthy 27-year-old man admitted to the critical care unit after an accident in which he was hit by a car and dragged along the pavement for nearly 100 feet. He suffered a frontal contusion, fractured clavicle and ribs, and extensive abrasions on his arms, legs, side, back, and buttocks. On admission, he was tachycardic, hypotensive, unresponsive, and ventilating poorly. He was placed on a mechanical ventilator and given IV fluids for the treatment of his shock. CC responded well to fluids, with an increase in blood pressure and an improvement in urine output.
Based on his case history and responsiveness to fluid therapy, what type of shock was CC experiencing?
What other clinical findings would be helpful in confirming the type of shock? Why?
Because of his many open wounds and invasive lines, CC is at risk for sepsis and septic shock. What clinical findings would suggest that this complication has developed?
What is the link between sepsis and multiple organ dysfunction syndrome (MODS)?
...
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
Case Brief InstructionsYou will prepare a Case Brief on th.docx
1. Case Brief Instructions
You will prepare a Case Brief on the provided judicial opinion
regarding a criminal justice topic included below , CAVITT v.
STATE. DO NOT USE INFORMATION FROM THE CASE
BRIEF SAMPLE. The judicial opinion that you will prepare a
Case Brief on can be found below. The Case Brief must include
the following sections: Caption, Facts, Procedural History,
Issue, Rule of Law, Holding, and Rationale. The Case Brief
must be 1 page. A heading must be provided for each section of
the Case Brief. Save your work as a Microsoft Word document
and review the Sample Case Brief provided below.
CAVITT v. STATE Miss. 1199 Cite as 159 So.3d 1199
(Miss.App. 2015) preme court’s notation in Bounds, Bounds
asserts that the judge, not the jury, set his sentence at life in
prison. Id. Hence, he claims that the imposition of a life
sentence by the circuit court judge created an illegal sentence
that defeats the statute of limitations on his appeal. ¶ 3. In its
order dated January 7, 2014, the circuit court summarily
dismissed Bounds’s PCR motion—in part because Bounds failed
to seek leave from the supreme court to file the PCR motion and
in part because the circuit court found that his case is not
excepted from the statute of limitations. On January 21, 2014,
Bounds, having reviewed the circuit court’s order, filed a
motion for leave from the supreme court to proceed with his
PCR motion. On January 27, 2014, Bounds filed the instant
appeal. Nonetheless, on June 25, 2014, the supreme court
denied Bounds’s request for leave, stating: In the application
for leave before this panel, Bounds merely states that his
sentence was illegal. He offers no argument and does not
support his contention. Bounds’s conviction and sentence were
2. affirmed by this Court, and the mandate issued in 1972.
Accordingly, we find that Bounds has failed to make a
substantial showing of the denial of a state or federal right, and
his application for leave should be dismissed as timebarred.
Despite the supreme court’s denial of Bounds’s motion for leave
to proceed with his PCR motion, Bounds has continued in his
appeal of the matter. DISCUSSION [1, 2] ¶ 4. Mississippi law
requires that a movant must obtain permission from the supreme
court to file a PCR motion in a circuit court if the movant’s
conviction has been affirmed by the appellate court on direct
appeal or if the direct appeal has been dismissed. Miss.Code
Ann. § 99–39– 7 (Supp.2014). ‘‘This procedure is not merely
advisory, but jurisdictional.’’ Bownes v. State, 963 So.2d 1277,
1278 (¶ 3) (Miss.Ct.App.2007) (citation omitted). We have
consistently held that when a movant fails to obtain the
requisite permission from the supreme court, all other courts
lack the jurisdiction necessary to review the movant’s PCR
motion. See Doss v. State, 757 So.2d 1016, 1017 (¶ 7) (Miss.Ct.
App.2000); Bownes, 963 So.2d at 1279 (¶ 4). Accordingly, both
the circuit court and this Court are without jurisdiction to
review Bounds’s appeal. As such, we dismiss Bounds’s case. ¶
5. THIS APPEAL IS DISMISSED FOR LACK OF
JURISDICTION. ALL COSTS OF THIS APPEAL ARE
ASSESSED TO JONES COUNTY. LEE, C.J., IRVING AND
GRIFFIS, P.JJ., BARNES, ROBERTS, CARLTON, MAXWELL,
FAIR AND JAMES, JJ., CONCUR. , Derome M. CAVITT a/k/a
Derome Cavitt, Appellant v. STATE of Mississippi, Appellee.
No. 2013–KA–01890–COA. Court of Appeals of Mississippi.
March 24, 2015. Background: Defendant was convicted in the
Circuit Court, Rankin County, William E. Chapman III, J., of
burglary of a dwelling. Defendant appealed. 1200 Miss. 159
SOUTHERN REPORTER, 3d SERIES Holding: The Court of
Appeals, James, J., held that evidence was sufficient to
establish that defendant’s fingerprint was left at the time the
apartment was burglarized, supporting his conviction. Affirmed.
1. Criminal Law O753.2(3.1), 977(4) A motion for a directed
3. verdict and a motion for a judgment notwithstanding the verdict
(JNOV) both challenge the sufficiency of the evidence. 2.
Criminal Law O753.2(6, 8), 977(4) When considering a motion
for a directed verdict and a motion for a judgment
notwithstanding the verdict (JNOV), the relevant question is
whether, after viewing the evidence in the light most favorable
to the prosecution, any rational trier of fact could have found
the essential elements of the crime beyond a reasonable doubt.
3. Burglary O2 The elements of burglary of a dwelling are: (1)
the unlawful breaking and entering of a dwelling; and (2) the
intent to commit some crime when entry is attained. West’s
A.M.C. § 97–17–23. 4. Burglary O41(4) Evidence was
sufficient to establish that defendant’s fingerprint, which was
found on the metal frame of apartment window’s exterior, was
left at the time the apartment was burglarized, supporting his
conviction for burglary of dwelling; exterior window screen was
removed in order to force the lock and enter apartment,
apartment manager testified that no recent maintenance had
been performed on apartment that would require removing
screen, and residents testified that they had lived at apartment
for a year and a half and that the window screen had not been
removed during that time. West’s A.M.C. § 97–17– 23. 5.
Criminal Law O935(1) A motion for a new trial challenges the
weight of the evidence. 6. Criminal Law O1144.18, 1156(1)
When reviewing a trial court’s denial of a motion for a new
trial, the Court of Appeals must accept as true all evidence
favorable to the state, and it may not reverse absent an abuse of
discretion. 7. Criminal Law O739(2) A jury is under no
obligation to believe a defendant’s alibi defense; instead, an
alibi defense simply raises an issue of fact to be resolved by the
jury. Kevin Dale Camp, Jared Keith Tomlinson, Jackson,
attorneys for appellant. Office of the Attorney General by
Stephanie Breland Wood, attorney for appellee. Before
GRIFFIS, P.J., CARLTON and JAMES, JJ. JAMES, J., for the
Court: ¶ 1. Derome Cavitt was convicted, in the Rankin County
Circuit Court, of burglary of a dwelling. Cavitt was sentenced
4. as a habitual offender to twenty-five years in the custody of the
Mississippi Department of Corrections (MDOC). On appeal,
Cavitt asserts that the trial court erred in denying his motion for
a directed verdict and his post-trial motion for a judgment
notwithstanding the verdict (JNOV) or, in the alternative, a new
trial. Finding no error, we affirm. FACTS AND PROCEDURAL
HISTORY ¶ 2. Zachary Johnson, Nicholas Watkins, and Joel
Fahling resided in the Lakeland CAVITT v. STATE Miss. 1201
Cite as 159 So.3d 1199 (Miss.App. 2015) East Apartments in
Flowood, Mississippi. On the morning of February 11, 2013,
Fahling left the apartment for work at approximately 6:30 a.m.,
and Johnson and Watkins left the apartment for school at
approximately 7:20 a.m. According to Watkins’s testimony, he
locked the deadbolt on the front door upon exiting the
apartment. When Watkins and Johnson returned to the apartment
at approximately 11:30 a.m., they found the door unlocked.
Upon entering the apartment, Watkins observed that the screen
from the kitchen window was on the floor of the living room
and that several items, including their television, were missing
from the apartment. Watkins contacted the apartment manager,
Jennifer Armagost, then summoned the police. ¶ 3. Detective
Barrick Fortune and Detective Lloyd Coulter of the Flowood
Police Department’s Criminal–Investigations Division were
assigned to investigate the burglary. Detective Fortune
determined that the intruder obtained entry to the apartment by
removing the exterior window screen and forcing the lock on
the window. The detectives processed the apartment for
fingerprints and recovered a latent fingerprint on the metal
frame of the window. The fingerprint was submitted to the
Mississippi Crime Laboratory for analysis. ¶ 4. On February 13,
2013, Detective Fortune received the results of the fingerprint
analysis, which indicated that the fingerprint belonged to
Cavitt. After learning that the fingerprint belonged to Cavitt,
investigators contacted Armagost, the apartment manager, to
inquire if Cavitt had any known association with the apartment
complex. Armagost informed the investigators that Cavitt’s
5. sister, Demetrius Cavitt, resided in the complex. Cavitt was
arrested on February 15, 2013. ¶ 5. Cavitt was indicted for
burglary of a dwelling house on June 6, 2013. A jury trial was
held on September 24–25, 2013. At trial, Johnson, Watkins, and
Fahling each testified to the items taken from their apartment.
The stolen items included: $300, a forty-two-inch television, a
Sony PlayStation 3, several video games, an Apple iPod, and a
laptop computer. Detective Fortune and Detective Coulter both
testified to their roles in the investigation. Mike Hood, of the
State Crime Laboratory, testified as an expert for the State.
Hood testified that he was ‘‘one hundred percent positive’’ that
the fingerprint recovered on the window sill was left by Cavitt.
¶ 6. At the close of the State’s case-inchief, Cavitt moved for a
directed verdict, which the trial court denied. Shaneka Lowe,
Cavitt’s former live-in girlfriend and the mother of his children,
testified for the defense. Lowe testified that Cavitt was at home
with her throughout the entire morning of February 11, other
than when he walked their son to preschool and when he rode
with her father to pick up auto parts for her car. ¶ 7. Cavitt was
convicted of burglary and sentenced as a habitual offender
pursuant to Mississippi Code Annotated section 99– 19–81
(Supp.2014) to serve twenty-five years in the custody of the
MDOC. On October 9, 2013, Cavitt filed a motion for a JNOV
or, in the alternative, a new trial, which the trial court denied. ¶
8. Cavitt now appeals raising the following issues: (1) whether
sufficient evidence was presented to support the verdict; and (2)
whether the verdict was against the overwhelming weight of the
evidence. Finding no error, we affirm. DISCUSSION I. Whether
there was sufficient evidence to support the verdict. [1, 2] ¶ 9.
‘‘A motion for a directed verdict and a motion for a JNOV both
chal- 1202 Miss. 159 SOUTHERN REPORTER, 3d SERIES
lenge the sufficiency of the evidence.’’ Bell v. State, 125 So.3d
75, 77 (¶ 6) (Miss. Ct.App.2013) (citing Bush v. State, 895
So.2d 836, 843 (¶ 16) (Miss.2005)). When considering a motion
for a directed verdict and a motion for a JNOV, the relevant
question is ‘‘whether, after viewing the evidence in the light
6. most favorable to the prosecution, any rational trier of fact
could have found the essential elements of the crime beyond a
reasonable doubt.’’ Id. Therefore, the relevant inquiry is
whether any rational trier of fact could have found, beyond a
reasonable doubt, that Cavitt was guilty of burglary of a
dwelling. [3] ¶ 10. Mississippi Code Annotated section 97–17–
23 (Rev.2014) governs burglary of a dwelling, and provides:
Every person who shall be convicted of breaking and entering
the dwelling house or inner door of such dwelling house of
another, whether armed with a deadly weapon or not, and
whether there shall be at the time some human being in such
dwelling house or not, with intent to commit some crime
therein, shall be punished by commitment to the custody of the
Department of Corrections for not less than three (3) years nor
more than twenty-five (25) years. Thus, ‘‘the elements of
burglary of a dwelling are: ‘(1) the unlawful breaking and
entering of a dwelling; and (2) the intent to commit some crime
when entry is attained.’ ’’ Bell, 125 So.3d at 78 (¶ 7) (quoting
Kirkwood v. State, 52 So.3d 1184, 1187 (¶ 12) (Miss.2011)). ¶
11. Cavitt argues that the trial court erred in failing to grant his
motion for a directed verdict and motion for a JNOV because
the ‘‘State’s entire case, and thus TTT [his] conviction, rest[ed]
solely upon one fingerprint discovered on the outside of a
window of the residence that was burglarized,’’ which Cavitt
contends is insufficient. In support of his argument, Cavitt
relies on the Mississippi Supreme Court’s decisions in Corbin v.
State, 585 So.2d 713 (Miss.1991), and Deloach v. State, 658
So.2d 875 (Miss.1995). ¶ 12. In Corbin, a police officer
observed an unidentified man carrying several cartons of
cigarettes in the vicinity of a grocery store that had been
burglarized. Corbin, 585 So.2d at 714. When the police officer
approached the man, he dropped the cartons, fled, and was
never identified. Id. It was later determined that the cigarette
cartons were among items taken from the nearby grocery store.
At Walter Corbin’s trial, a certified police fingerprint examiner
testified that fingerprints on the cartons matched known prints
7. of Corbin. The Mississippi Supreme Court summarized the
evidence received at trial as follows: (1) that M & M Grocery
was burglarized sometime between closing hours September 9,
1988, and 4:50 a.m. September 10, 1988; (2) that an
unidentified black male was seen dropping the items stolen from
M & M Grocery and running from a police officer at 4:50 a.m.
on September 10, 1988; (3) that the fingerprints of Walter
Corbin were found on three of the six cartons of cigarettes
recovered by the Greenville Police Department; and (4) that
these cartons were generally inaccessible to the public during
business hours at M & M Grocery. Id. at 715. The Mississippi
Supreme Court reversed, finding that those facts, standing
alone, did not prove beyond a reasonable doubt that Corbin
committed the burglary. Id. The Court held that although ‘‘[t]he
State [is] not [to] be required to disprove every hypothesis in a
criminal trial[,][t]he State here TTT did nothing to focus the
possibilities of the fingerprints being concurrent with the
robbery.’’ Id. Stated differently, although the CAVITT v.
STATE Miss. 1203 Cite as 159 So.3d 1199 (Miss.App. 2015)
cartons were connected to the burglary, the prints recovered
from the cartons did not put Corbin at the store during the
burglary, and there were reasonable opportunities for a person
other than the burglar to have touched the items at a different
time. As the Court stated, ‘‘[f]ingerprint evidence must be
coupled with some other evidence, especially TTT when the
fingerprint was not found at the crime scene but on some object
away from the scene. The State must corroborate this physical
evidence with other proof of guilt.’’ Id. at 716. ¶ 13. Likewise
in Deloach v. State, the only evidence connecting the defendant,
Deloach, to a burglarized vending machine was Deloach’s palm
prints recovered from the machine. Deloach, 658 So.2d at 878.
Laboratory analysis indicated that one palm print taken from the
vending machine matched the prints of Deloach. Id. at 876. The
Mississippi Supreme Court found that the State failed to meet
its burden and reversed Deloach’s conviction, holding: The
State failed to address the very reasonable hypothesis that
8. Deloach placed his palm print on the vending machine during a
time when he had lawful access to the machineTTTT The State
relies on the inference that if Deloach ever had access to the
machines then it was necessarily at the time of the
burglaryTTTT Thus, we conclude that the evidence offered at
trial, i.e., the palm print, was legally insufficient to support the
conviction of Deloach. Id. at 877–78. ¶ 14. Thus the decisions
in both Corbin and Deloach stand for the proposition that a
fingerprint, as the sole proof of guilt, is insufficient to support a
conviction. However, the Mississippi Supreme Court has held
that ‘‘[w]hile fingerprint evidence alone TTT will not suffice to
support a conviction, fingerprint evidence, coupled with
evidence of other circumstances tending to reasonably exclude
the hypothesis that the print was impressed at a time other than
that of the crime, will.’’ Wooten v. State, 513 So.2d 1251, 1252
(Miss. 1987). [4] ¶ 15. Unlike the print impressions at issue in
Corbin and Deloach, here the location of the fingerprint tends to
exclude the possibility that the fingerprint was left at a time
other than at the time of the burglary. Detective Fortune
testified that he determined that entry was obtained by forcing
the lock on the window. The exterior window screen was
removed in order to force the lock. The fingerprint was found
on the metal frame of the window’s exterior. Also, the fact that
Cavitt’s sister, Demetrius Cavitt, resided in the apartment
complex made Cavitt have a known association with the
complex. The evidence supports the conclusion that the
fingerprint was left at the time of the burglary because the
fingerprint could not have been left on the window without first
removing the screen. ¶ 16. Furthermore, testimony was elicited
that tended to reasonably exclude the hypothesis that the
fingerprint was left at a time other than that of the crime.
Armagost testified that to her knowledge, there had been no
recent maintenance performed on the apartment that would
require the removal of the window screen. She further testified
that Cavitt had never been employed by the apartment complex
as a maintenance worker or in any other capacity. Johnson and
9. Fahling each testified that, at the time of the burglary, they had
lived in the apartment for a year and a half. Both testified that,
to their knowledge, the window screen had not been removed
during that period of time. Likewise, Watkins testified that at
the time of the burglary, he had resided in the apart- 1204 Miss.
159 SOUTHERN REPORTER, 3d SERIES ment for the previous
six months. He also testified that during that time the screen
had not been removed. ¶ 17. We find that the evidence is ample
to support the conviction. Accordingly, this issue is without
merit. II. Whether the verdict was against the overwhelming
weight of the evidence. [5, 6] ¶ 18. Cavitt next argues that the
trial court erred in denying his motion for a new trial. ‘‘A
motion for a new trial challenges the weight of the evidence.’’
Bell, 125 So.3d at 78 (¶ 10) (quoting Vaughn v. State, 926
So.2d 269, 271 (¶ 4) (Miss.Ct.App.2006)). We have held that a
motion for a new trial should be granted ‘‘only when the verdict
is so contrary to the overwhelming weight of the evidence that
to allow it to stand would be to sanction an unconscionable
injustice.’’ Wingate v. State, 794 So.2d 1039, 1044 (¶ 21)
(Miss.Ct.App.2001). When reviewing a trial court’s denial of a
motion for a new trial, this Court ‘‘must accept as true all
evidence favorable to the State, and we may not reverse absent
an abuse of discretion.’’ Id. ¶ 19. In support of his assertion
that the verdict was against the weight of the evidence, Cavitt
merely restates his argument that the fingerprint evidence was
not sufficient to support his conviction. As discussed above, a
positive identification from a fingerprint on the window that
was used to gain entry to the burglarized dwelling, and evidence
tending to reasonably exclude the hypothesis that the fingerprint
was left at a time other than that of the crime, are sufficient to
support a conviction. ¶ 20. Cavitt also points to Lowe’s alibi
testimony and argues that he presented ‘‘credible testimony
showing that he was at his residence in Jackson TTT during the
time that the burglary was alleged to have occurred.’’ Lowe
testified that Cavitt was at home with her on the morning that
the burglary occurred. [7] ¶ 21. We have held that a jury is
10. under no obligation to believe a defendant’s alibi defense. Id. at
(¶ 22). Instead, ‘‘an alibi defense simply raises an issue of fact
to be resolved by the jury.’’ Id. Furthermore, Lowe did not
conclusively present evidence of Cavitt’s innocence. According
to Lowe, Cavitt left the house on two separate occasions on that
morning. We find that the jury acted well within its purview
when it rejected Cavitt’s alibi defense. ¶ 22. We find that the
jury’s verdict of guilt was not against the overwhelming weight
of the evidence. Therefore, the trial court did not abuse its
discretion by failing to grant Cavitt’s motion for a new trial.
Accordingly, this issue is without merit. ¶ 23. THE JUDGMENT
OF THE CIRCUIT COURT OF RANKIN COUNTY OF
CONVICTION OF BURGLARY OF A DWELLING AND
SENTENCE AS A HABITUAL OFFENDER OF TWENTY–
FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI
DEPARTMENT OF CORRECTIONS WITHOUT THE
POSSIBILITY OF PROBATION OR PAROLE IS AFFIRMED.
ALL COSTS OF THIS APPEAL ARE ASSESSED TO RANKIN
COUNTY. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES,
ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ.,
CONCUR.
KEEP READING BELOW FOR A SAMPLE CASE BRIEF-------
------>
SAMPLE CASE BRIEF:
Caption:
11. Vosburg v. Putney
,
80 Wis. 523 (1891)
Facts:
Two boys were in a classroom during school hours; the class
had just been called to order by the teacher. The defendant
reached across the aisle with his foot and kicked his toe against
the plaintiff’s shin. Afterward, the shin area became infected,
and the plaintiff eventually became lame.
Procedural History:
The case was originally brought before the circuit court. A trial
in the circuit court resulted in a Plaintiff’s verdict. The
Defendant appealed to the Supreme Court of Wisconsin. The
case was reversed for error, and the Court awarded a new trial.
The case was tried again and resulted in another Plaintiff’s
verdict. The Defendant appealed the judgment to the Supreme
Court of Wisconsin.
Issue:
Whether a boy satisfied the intent element of battery when he
kicked another boy in the knee (while in class) and, as a result,
the knee later became infected and diseased.
Rule of Law:
In an action to recover damages for an alleged assault and
battery, the plaintiff must show either that the defendant
intended to do the act and the act was unlawful or that the
defendant intended the ultimate result. If the intended act is
12. unlawful, then the intention to commit it must necessarily be
unlawful.
Holding:
Yes. Because the defendant’s intentional act of kicking the
plaintiff was unlawful, his intention to kick plaintiff was also
unlawful. Defendant was at fault for any harm resulting from
his unlawful act.
Rationale:
Here, the boy did not intend the end result (injuring his friend’s
leg so severely), but he did intend to kick him in the shin during
a time (class in session) and a place (the classroom) where this
action (the kicking) was unlawful. Because he intended the act
(kicking) and the kick was unlawful, he satisfied the intent
element of battery.