926

(3 replies, posted in Politics)

State v. Willan (Ohio June 12, 2013) involves statutory construction; the court rules, 4-3, that the statute under which defendant was convicted unambiguously applies to defendant, but the dissent argues that the statute is ambiguous and that defendant should prevail because of the Rule of Lenity. The statute reads as follows:

Except when an offender commits a violation of section 2903.01 or 2907.02 of the Revised Code and the penalty imposed for the violation is life imprisonment or commits a violation of section 2903.02 of the Revised Code, if the offender commits a violation of section 2925.03 or 2925.11 of the Revised Code and that section classifies the offender as a major drug offender and requires the imposition of a ten-year prison term on the offender, if the offender commits a felony violation of section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of section 3719.172, division (C) of section 4729.51, or division (J) of section 4729.54 of the Revised Code that includes the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, and the court imposing sentence upon the offender finds that the offender is guilty of a specification of the type described in section 2941.1410 of the Revised Code charging that the offender is a major drug offender, if the court imposing sentence upon an offender for a felony finds that the offender is guilty of corrupt activity with the most serious offense in the pattern of corrupt activity being a felony of the first degree, or if the offender is guilty of an attempted violation of section 2907.02 of the Revised Code and, had the offender completed the violation of section 2907.02 of the Revised Code that was attempted, the offender would have been subject to a sentence of life imprisonment or life imprisonment without parole for the violation of section 2907.02 of the Revised Code, the court shall impose upon the offender for the felony violation a ten-year prison term that cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 5120. of the Revised Code.

Acting Chief Justice Pfeifer’s dissent reads, in its entirety:

I join Justice Lanzinger’s well-reasoned dissent, but write separately to highlight the General Assembly’s failure in legislative drafting exemplified by former R.C. 2929.14(D)(3), which the majority opinion relegates to a footnote to fully accommodate its 24 lines of unrelenting abstruseness consisting, remarkably, of the sum total of 307 words and a mere one period, a punctuation mark set out as a lone sentinel facing odds similar to that of the Spartans at the Battle of Thermopylae, a battle that occurred over the course of three days during the second Persian invasion of Greece, and is estimated by historians to have occurred in either August or September, or perhaps both, in 480 B.C., pitting an alliance of Greek city-states, led by King Leonidas of Sparta, against the Persian Empire of Xerxes I, bravely standing before the onslaught of invaders but ultimately unable to stanch the unrelenting tide of the overpowering hordes of words and statutory numbers including R.C. 2903.01, 2907.02, 2903.02, 2925.04, 2925.11, 2925.02, 2925.06, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, 4729.61, 3719.172, 4729.51, 4729.54, 2941.1410, 2929.20, without so much as a helping hand from a single, solitary semicolon, colon, or parenthesis, other than the parentheses surrounding the capital letters denoting the divisions of statutory sections that are sprinkled throughout the statute, a statute that purports to inform the citizenry of the potential penalty for certain enumerated criminal acts, but by cramming so many words about sentencing into one sentence, sentences itself to uselessness, especially in the case of an offender involved in a pattern of corrupt activity, regarding which R.C. 2929.14(D)(3) surprisingly is completely without specificity, in that it fails to cite a statutory section outlining what constitutes corrupt activity when it otherwise lists specific statutory sections relating to all the other offenses to which it applies, a statutory circumstance up with which we should not put.

http://www.volokh.com/2013/06/12/now-th … s-for-you/

927

(7 replies, posted in Politics)

oh not me, I'm not belgian sad

928

(17 replies, posted in Politics)

is it just me, or are rioting Muslims another proof Turkey belongs in the EU

929

(17 replies, posted in Politics)

shoulda coulda woulda, they tried that in 1922 and  they weren't up to the job

930

(15 replies, posted in Politics)

no in the 1970s CBS news recreated the street and pulled a car down it at the same speed as the convertible and had marksmen in a tower at the same angle as Oswald in the window at the same distance and asked them to shoot a target in the car 3 times with the same bolt-action rifle, and one of them did it on camera.

actually it was 1967, 11 guys and 1 got 3 hits in the time frame indicated

http://www.youtube.com/watch?v=WovyEqfR8Hg

931

(9 replies, posted in General)

maybe "rape" means something different over there but  I don't think you can "rape" dpenguins

932

(8 replies, posted in Community)

Happy birthday



what did you do

933

(10 replies, posted in Politics)

the abyss called

if you don't stop peeping it's calling the cops

934

(10 replies, posted in Politics)

YOU LIE

that's chicago

Detroit's sport is torching abandoned houses and giving whole suburbs back to the prairie

During the glory days of the 1950s, Detroit was a booming metropolis of approximately 2 million people, but now young people have left in droves and the current population is less than a million.  The true unemployment rate for those still living in Detroit is estimated to be somewhere around 45 to 50 percent, and poverty and desperation have become entrenched everywhere.  In many areas of the city, only one or two houses remain occupied an an entire city block.  In fact, some areas of Detroit have so many vacant, burned-out homes that they literally look like war zones.  And yes, it is true that there are actually some houses in Detroit that you can actually buy for just one dollar.  According to one recent estimate, Detroit has 33,500 empty houses and 91,000 vacant residential lots.  So what can be done when an entire city experiences economic collapse?

Well, Detroit Mayor Dave Bing (pictured) believes that the answer is to downsize on a massive scale.  Bing believes that Detroit simply cannot continue to pay for police patrols, fire protection and other essential services for areas that resemble ghost towns.

So his plan is to bulldoze approximately 10,000 houses and empty buildings over the next 3 years and direct new investment into stronger neighborhoods.

Read more: http://www.businessinsider.com/the-mayo … z2VZx7cSOR

935

(33 replies, posted in General)

Footy: Gateway to Fascism!!!!

http://espn.go.com/espn/story/_/id/9338 … turns-ugly

Warning: that link is the best of modern American sports reporting.  You will need about 600 GB of RAM and 100mB of bandwidth to begin reading the short novel that is that article.  Basically, Italy is fascist and they gave it away by going to soccer games.

936

(15 replies, posted in General)

anybody ever read "Red Harvest" by Dashiell Hammett?

A private eye is brought into a gang war by a millionaire.  He's being blackmailed by 4 gang bosses he hired to break a strike.  The private eye "solves" this by having all the gangsters murder each other until anybody who knew the millionaire was guilty, is dead.  Then the millionaire is free to bribe the governor into calling out the National Guard to kill the remaining gangsters.

I smell that sort of ending coming...

937

(10 replies, posted in Politics)

that sounds more reasonable.

on the other hand, that is $68,000,000,000 as opposed to $100,000,000,000

or 6.8% of $1 trillion as opposed to 10%

a trillion dollars just doesn't buy what it used to

938

(10 replies, posted in Politics)

California by itself spends $100,000,000,000  a year on education

http://www.usgovernmentspending.com/spe … 111mcn_20c

so unless we have 10% of the kids, your plan is in trouble

OK I am up late, I will check that tomorrow, that seems a bit large even if it combines 55 counties and 1 state budget

939

(33 replies, posted in General)

If Valcona doesnt watch a show - the name of which wasn't in my post - he wouldn't know what  I was talking about

ofc then he has some pop culture homework to do!

940

(33 replies, posted in General)

ok so in December 2011 we learned:

For the first time the researchers have been able to mutate the H5N1 strain of avian influenza so that it can be transmitted easily through the air in coughs and sneezes. Until now, it was thought that H5N1 bird flu could only be transmitted between humans via very close physical contact.

Dutch scientists carried out the controversial research to discover how easy it was to genetically mutate H5N1 into a highly infectious "airborne" strain of human flu. They believe that the knowledge gained will be vital for the development of new vaccines and drugs.
http://www.independent.co.uk/news/scien … 79474.html

and then in April 2013 we learned:

A Dutch company called Mars One began looking Monday for volunteer astronauts to fly to Mars. Departure for the Red Planet is scheduled for 2022, landing seven months later in 2023.
The space travelers will return ... never. They will finish out their lives on Mars, representatives from the nonprofit said.
http://www.cnn.com/2013/04/22/world/mars-one-way-ticket

So first Dutch taxpayers figure out how to kill all life on earth, and then Dutch non-profits figure how to evacuate a few people to Mars.

THINGS THAT MAKE YOU GO HMMMM

941

(15 replies, posted in General)

I blame Bear and Alundra

Miller got the idea for the massacre from Scots history

942

(33 replies, posted in General)

yikes  well yeah if you didn't know where I'm coming from

I'm like the Sewer Urchin in "The Tick", i seem odd in your surface world but I roam the depths like a god

943

(33 replies, posted in General)

wait when did Nolio become a mod??

944

(15 replies, posted in General)

ah thanks

at least one other person read all the books and was waiting for everybody's head to explode tongue

945

(33 replies, posted in General)

thanks I wasn't complaining, just explaining why I'm here

I always thought I should be allowed to bump the old thread when in time inevitably I was proved relevant and interesting big_smile

946

(33 replies, posted in General)

well my thread got closed!  which is bogus because I have a thread in October on the subject but if I bounce my old thread it will get closed

947

(33 replies, posted in General)

Hey how about that Red Wedding episode tongue

948

(9 replies, posted in General)

Should be a cuddly puppet for the kids

949

(9 replies, posted in General)

only if he does it as Caligula

wow! Helen Mirren was in 1979's Caligula yikes

I bet the Queen forgot that

950

(15 replies, posted in General)

awesome sauce and the internet reaction is all I could hope for

really cheered me up on a down day! big_smile