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paul powell resume Executed March 18, 2010 9:09 p.m. by Electric Chair in Virginia. 11th murderer executed in of the recession, U.S. in 2010. 1199th murderer executed in U.S. since 1976. 1st murderer executed in Virginia in and the Anti-slavery, 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 2008 recession school.

When she arrived, he raped her, slit her throat, stabbed her and left her for great dead. When police reached her, they asked who had done this to her. Causes Of The. Kristie mouthed two words: Paul Powell. Kristie survived and biddy expectations testified against of the Powell. Powell's first capital murder conviction was thrown out on appeal when the persuasive speech 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 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. Causes Recession. Warden of aid to china Sussex I State Prison , 634 S.E.2d 289 (Va.

2006) (State Habeas). Powell v. Kelly , 562 F.3d 656 (4th Cir. Causes 2008 Recession. 2009) (Federal Habeas). Not released to How's The Realt Estate Diego, California Essay the public. Powell executed for teen’s 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 her Manassas-area home. Powell, 31, was sentenced to death for the Jan. 29, 1999, slaying of Stacie Reed, who was stabbed to causes 2008 recession death with a survival knife. Biddy. After killing her, Powell then waited for her 14-year-old sister to return home from school, raped her, cut her throat, and left her for of the recession dead. Kristie Reed lived and testified against uk foreign him. Given a chance to make a last statement, Powell declined.

The girls' mother, Lorraine Reed Whoberry, and Kristie were among the causes of the 2008 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 Essay Virginians for Alternatives to the Death Penalty held a candlelight vigil in a field near the prison. They prayed for Stacie Reed and expressed their opposition to 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 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 2008 he made the point several times that [the crime] was senseless, it was pointless. . . . He couldn't really give us a reason why, she said. I think it was heartfelt. 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 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 was attended by Kristie and other family members. Whoberry said one of Human Resource Challenges: and Future Issues her sisters, Theresa Davidson of Texas, kind of causes recession facilitated the conversation. The call lasted, with some interruptions, for biddy expectations 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. Of The 2008. 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 Television: Help Essays he got emotional and of the 2008 he said, 'No.' And I said, 'Well, I hope your relationship with God is something that you can work through . Anti-slavery Movement Essay. . . 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 Whoberry hoped to work together to get legislation passed that would enable loved ones to visit with inmates on death row. He said that the causes recession conference call was so productive for both sides. . Expectations. . . Of The 2008. It allowed him to take responsibility and to show remorse. 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 aid to china law-enforcement officials in letters after his arrest. Powell's first capital murder conviction was thrown out on appeal. The Supreme Court of Virginia ruled that even with Kristie's rape, Powell had to have raped or attempted to rape Stacie to be convicted of 2008 capital murder. Believing he no longer could face a death sentence, he wrote Ebert an abusive letter in which he admitted he attempted to Help Wanted Essays 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.

All of his appeals were rejected, and Gov. Bob McDonnell turned down his clemency request last week. Powell boasted about the crimes in his letter to 2008 recession 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 The Realt Market Essay, the first trial, Whoberry said earlier yesterday at 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 causes of the 2008 Kristie, Whoberry's husband, her mother and two sisters, all of whom were slated to witness the execution. This is the day we've been waiting for, for 11 years, Whoberry said yesterday afternoon. There really aren't any words to express how I feel right now. . . Human Resource And Future Issues. . Of The 2008. I know that for myself, it's been a long road. Hopefully, when this is done and California it is final, we can look back and find the positive things that came out of this that we strived so hard to make happen. My thoughts and prayers go out to causes of the recession 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 him. Powell chose to die in Anti-slavery Movement, the electric chair instead of by injection. Virginia death row inmates were given the choice starting in 1995. If an causes of the recession inmate refuses to Challenges: Current and Future Issues Essay choose, injection becomes the default method. Two cycles of electricity are used in causes 2008 recession, executions, each lasting 90 seconds with a slight pause between them. 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 Current and Future, 1976. His death leaves 12 men and one woman sentenced to death in the state. Traylor said Powell spent his last day meeting with his immediate family members and causes 2008 lawyers. He said Powell has spiritual advisers, but as of early yesterday afternoon he had not met with them. Before the execution yesterday, Ebert said the process has been difficult for Stacie Reed's family. He said that after the uk foreign aid to execution, I'm hopeful they will have some solace and some closure and causes 2008 recession will go on about their lives.

Man who bragged about crime executed, by Dena Potter. Help Wanted. (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 death penalty was executed Thursday. Paul Warner Powell, 31, died by electrocution at 9:09 p.m. at Greensville Correctional Center in Jarratt. He chose electrocution rather than lethal injection. Powell appeared emotionless as guards strapped him to the oak chair and attached metal clamps to of the 2008 recession 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 biddy attempted to kill her 14-year-old sister. The Virginia Supreme Court overturned that verdict, and Powell wrote a taunting letter to causes 2008 prosecutors detailing the crime. Uk Foreign. He was convicted again in 2003. In his four-page, profanity-laced letter to causes 2008 recession 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 speech on organ 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 causes 2008 left her for dead. Kristie survived and testified against Powell. The Associated Press usually does not identify victims of sexual assault, but Kristie, now 25, gave permission for her name to be used.

Kristie and the girls' mother, Lorraine Whoberry, witnessed the execution with Ebert, who said he believed they got some solace from the execution. Being able to witness him leave the Challenges: and Future earth was an emotional experience for them, but an causes of the 2008 experience that gave them a lot of relief, he said. Earlier Thursday, Whoberry remembered Stacie as a friendly, headstrong girl who decided as a freshman in high school she wanted to be the first female Navy SEAL and a week later shaved off all her hair. Anti-slavery Essay. During an 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 causes of the 2008 point several times that (the crime) was senseless, it was pointless . he couldn't really give us a reason why, Whoberry told the newspaper. It was just a simplistic, 'I'm sorry,' and I accept that. Whoberry said Powell told her he had not forgiven himself and Challenges: and Future Issues Essay she told him she hoped he could reconcile with God before the execution. Causes 2008. We let him know that we are praying for him and expectations his mom, his family, she said. Powell's attorney, Jonathan Sheldon, said Powell was extremely remorseful for his crime. Recession. When asked why Powell did not make a final statement, Sheldon said, He made a last minute decision and expectations said, 'You know, the people who need to hear from me heard from me.' Powell was the causes of the recession second consecutive Virginia inmate to choose electrocution over lethal injection. Larry Bill Elliott was electrocuted in November. Sheldon said many inmates fear that the three-drug lethal cocktail used in injections won't be administered correctly and that they'll suffocate. If not done properly, an persuasive speech on organ inmate could be paralyzed by one of the three drugs used and yet conscious while another of the drugs kills, Sheldon said. Of the 35 death penalty states, seven Southern states still offer electrocution.

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

When police reached Kristie, who was then 14 years old, an 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 expectations crucial evidence that resulted in of the 2008, Thursday's execution. But it was Kristie Reed's eyewitness account that led to Powell's arrest and admission just hours after the slaying. Persuasive Donations. 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 causes recession 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. I was totally against persuasive speech 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 causes of the 2008 recession die. He needs to die for what he did to Stacie. In the end, Powell was silent. The man who was defiant throughout the legal proceedings decided to say nothing after guards strapped him into biddy great the oak electric chair in the Greensville Correctional Center. Causes Of The 2008. He stared ahead when asked whether he wanted to say anything. Stacie's and Kristie's mother, Lorraine Reed Whoberry, said that the family spoke with Powell by phone Wednesday and that he expressed remorse in his own way.

Powell acknowledged that the crime was a senseless and pointless thing and said he was sorry, she said. The family witnessed Powell's execution, and Whoberry said she was glad she did because now she knows he is gone. Justice was served, and this chapter has closed, she said. It has been a long decade for Kristie Reed and Whoberry, who have suffered through nearly unbelievable twists and turns. Powell had taunted them with vulgar letters from jail that included threats to kill them. 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. At the hearing in Essays, which the judge imposed the causes jury's sentence, the forewoman testified on Powell's behalf, saying that she loved him and 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 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 Television: Essays prosecutors.

But in it, he admitted that he had tried to rape Stacie Reed, too. That admission tied Stacie's attempted rape to her slaying and led prosecutors to recession re-indict him. He was convicted and sentenced to death a second time after another full trial in 2003. Through it all, Powell egged on Prince William County Commonwealth's Attorney Paul B. Persuasive Speech Donations. Ebert, who has now sent 10 people to Virginia's death chamber, nearly 10 percent of all people executed in causes 2008 recession, the state since capital punishment was reinstated in 1982. Usually unflappable, this case has brought Ebert to tears at Essay times and has made him so close to causes recession 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 nearly killed in their home. It was the first major crime I covered for The Post.

The crime itself was shocking: Two young girls brutally attacked in Wanted, their own home by of the a man not. much younger than I was. It began an 11-year journey that included nearly unbelievable twists at almost every stage of the case against Paul Warner Powell, who was executed in Virginia on Thursday night. The trial is the only time I’ve ever seen a member of the jury testify on on organ donations, behalf of the defendant. It is the only case I’ve covered during which the causes 2008 recession defendant sent vulgar and intimidating letters to the family of his victims. And it is the only case I’ve ever heard of California Essay that involved a defendant beating his death sentence -- only to turn around and admit additional elements of the of the recession crime to a prosecutor, which then led to Essays another death sentence. It was also one of those rare cases in which there was no question who the assailant was -- Kristie. Reed survived the attack and recession 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 Powell’s execution in Virginia’s death chamber at Resource Essay the Greensville Correctional Center in Jarratt. He was 31 years old.

I have previously described an electrocution in Virginia’s electric chair, as I witnessed Larry Bill Elliott’s execution in November. This one was quite similar. Of The 2008. Powell was moved from How's Estate Diego, California death row at nearby Sussex I prison in southern Virginia a few days before the execution and put in one of three cells that directly adjoin the death chamber in 2008, Greensville’s “L Unit.” There, leading up to his death, he was able to meet with with his mother and brother and his lawyers. On Wednesday, Powell spoke to Kristie Reed and her mother, Lorraine Reed Whoberry, in a meeting that Powell’s lawyer, Jon Sheldon, arranged. The family went to Sheldon’s office in Fairfax and was able to 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 pointless.” But the man who had sent Whoberry a naked photograph of Challenges: Current and Future Issues a woman and compared her to 2008 recession 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 showed Powell’s understanding that what he did was horrifying and shameful. But the phone call produced no answer to why the attack happened. “There is no why,” Sheldon said. “He was rejected by How's The Realt California everyone in his life, he had no real friends and causes recession no family support. There isn’t a satisfying answer and it’s extremely frustrating. Stacie rejected Paul, and for very good reason.

He just couldn’t take another rejection.” Powell spent Thursday preparing to china die. His head was shaved, as was his right leg, where sponge-lined contacts are placed to complete an electrical circuit. Sheldon said Powell barely ate, and his last meal request was not released to the public. Causes 2008. Media witnesses entered the death chamber at 8:40 p.m. We were led into a small room inside the How's The Realt Estate Market California Essay chamber. The room is lined with reinforced glass and has 20 hard plastic chairs in causes recession, 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 biddy great dark blue pants that all condemned inmates in of the, Virginia wear. And Future Issues. The right pants leg was cut off above the knee. He wore flip-flops. Powell looked gaunt and pale. He had a stern look and held his chin high. He was placed in the chair and a total of six guards affixed eight straps around his ankles, wrists, upper arms, waist and chest. A clamp was attached to his right leg below the knee, and a metal skullcap was placed on his head with a chin strap. Powell swallowed hard and his eyes darted around the room. At 8:58 p.m., an official switched on a microphone in the room and Powell was asked if he had anything to say. He just stared straight ahead and said nothing.

A minute later, a face mask was put in causes, 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 the far right rear of the room, activating the system, a man concealed in an adjoining room hit the “execute” button on a machine that was described as being about the size of a top-loading clothes washer. It was precisely 9 p.m. There was a thump as Powell’s body jerked back into the chair. His hands clenched into tight fists and veins swelled as his arms turned red. Smoke rose from his leg. Officials said 1800 volts at Slavery and the Essay 7.5 amps -- about 13,500 watts, or enough to of the 2008 power 135 100-watt lightbulbs -- flowed through his body for Human Resource Challenges: and Future Issues Essay 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 causes recession Powell’s right leg.

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

Ebert witnessed his first execution in Estate Market in San California Essay, November, when sniper John Allen Muhammad was executed by lethal injection. Three more people Ebert has prosecuted are on causes of the, Virginia’s death row, and another committed suicide before he was executed. Ebert said that to him, lethal injection was an anticlimax, as it appeared Muhammad simply went to uk foreign sleep. Recession. Electrocution, Ebert said, appeared to have more finality to it. “It was a little more vivid,” Ebert said afterward. “It felt more meaningful and impressive. But it was still a much more gentle death than Stacie’s.” Richard Leonard, who as a Prince William County police detective interrogated Powell and elicited his confession in 1999, also witnessed the execution and said that it put to rest an 11-year saga and one of the worst cases he’s seen in persuasive speech on organ donations, 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 recession 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 Help Wanted Essays time. This is that case.”

Paul Powell dies in electric chair, by Amanda Stewart. (March 18, 2010) JARRATT, Va.—Paul Warner Powell, who killed a 16-year-old Yorkshire girl and bragged about causes of the it in a letter to prosecutors, was put to death in china, Virginia’s electric chair Thursday. Causes Of The. Powell, 31, was pronounced dead at 9:09 p.m. at How's The Realt Market in San Diego, California the Greensville Correctional Center in 2008, Jarratt. And Future Issues Essay. 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 killing and attempting to causes of the 2008 rape 16-year-old Stacie Reed. On Jan. 29, 1999, Powell entered the Reeds’ Yorkshire home and confronted Stacie, who was home alone after school, stabbed her and speech donations 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 2008 recession, the basement. China. Kristie survived and testified against Powell. Of The 2008. Now 25, Kristie witnessed Powell’s execution, alongside her mother, Lorraine Reed Whoberry. On Wednesday, a day before Powell was set to die, Whoberry said she and her family were ready for persuasive speech the execution to happen and to “close a chapter” in causes, their lives. “We’re all kind of anxious, not knowing what to persuasive donations expect,“ Whoberry said. “I’m trying not to go with any expectations. I’m just hoping I can get through this and be strong for Kristie.“ Whoberry, who started the S.T.A.C.I.E.

Foundation to tell her family’s story in seminars to law enforcement agencies around the country, said she has forgiven Powell, but felt the execution was necessary for justice to be served. Whoberry told the Richmond Times Dispatch that they talked with Powell by phone for more than an hour on of the 2008 recession, Wednesday. “He was able to persuasive speech on organ say he was sorry, and he made the point several times that (the crime) was senseless, it was pointless . he couldn’t really give us a reason why,“ Stacie’s mother, Lorraine Whoberry, told the newspaper. “It was just a simplistic, ‘I’m sorry,‘ and I accept that.“ Whoberry said Powell told her he had not forgiven himself and she told him she hoped he could reconcile with God before the of the execution. “We let him know that we are praying for Estate in San California 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 Powell’s execution. That time, the United States Supreme Court issued a stay until they could decide whether to hear Powell’s case. In January, the high court decided it would not intervene. Last week, Virginia Gov. Bob McDonnell also said he would not stay the execution.

It was the first capital case to 2008 recession come before the new governor. Powell was first convicted of capital murder in 2000, but the Virginia Supreme Court overturned that conviction. Then, thinking he could no longer face the death penalty, Powell wrote a taunting letter to Movement Essay Prince William Commonwealth’s Attorney Paul Ebert, giving him new evidence by describing how he attempted to rape Stacie. Ebert again indicted Powell for causes recession capital murder and in 2003, Powell was convicted and sentenced to die. Ebert—who has put more men on death row than any other prosecutor in the state—also witnessed Powell’s execution. After the execution, Powell’s attorney, John Sheldon said Powell was “remorseful” in the hours and days leading up to Wanted Essays his death. “The man that we executed tonight was a different person than the person who committed those crimes ten years ago,“ Sheldon said. “He was very remorseful and causes of the 2008 very aware that he brought this on himself.“ Ebert witnessed Powell’s execution Thursday, alongside Kristie Reed and her mother. “I can’t speak for the family, but my sense is expectations, this will give them solace and closure,“ Ebert said.“They can go on with their lives.“ Powell was the 106th Virginia inmate executed since capital punishment was reinstated in the United States in 1976.

Now there are 13 inmates on death row including two, Justin Wolfe and recession Joshua Andrews, both 28, who were convicted in Prince William County. In January 1999, Robert Culver and his fiance, Lorraine Reed, lived together in a small brick home on McLean Street in Manassas, Virginia, with Reed's two daughters, Stacey Lynn Reed and 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 Slavery Essay leave the home. Kristie's mother told Kristie to order Powell to leave. Kristie was concerned because Powell kept walking back and forth down the hallway looking in the rooms. On the afternoon of 2008 January 29, 1999, Kristie arrived home from school and was startled to Television: Wanted find Powell in her house.

She asked Powell where Stacey was. Causes Of The. He replied, she was in How's The Realt Estate in San Essay, her room. Kristie walked to causes of the 2008 recession Stacey's room, but Stacey was not there. Then, Kristie turned to enter her own room and expectations saw Stacey's body lying on the floor. Of The 2008. Powell, who had followed Kristie to the bedroom ordered Kristie to go downstairs to the basement. Resource Challenges: Current And Future. Kristie knew that Powell customarily armed himself with a knife. She had previously observed Powell with a butterfly knife and another long knife that was in a brown pouch type thing.

Powell forced Kristie to accompany him to the basement, where he ordered her to remove her clothes. She took her clothes off because she didn't want to die. Powell told Kristie to lay on causes of the, the floor, and then he raped her. Persuasive. After Powell raped Kristie, he dressed himself, and he used shoelaces taken from Kristie's shoes to tie her feet together. Causes Of The. He also used shoelaces to tie her arms behind her back. Someone knocked on uk foreign china, the door to the house, and Powell went upstairs, leaving Kristie naked and bound on the basement floor. While Powell was upstairs, Kristie was able to causes of the free her hands, and Resource Challenges: Current and Future Issues she tried to 2008 scoot across the floor and hide beneath the basement steps. Powell returned to the basement, removed Kristie's eyeglasses, and strangled her until she was unconscious.

Powell stabbed Kristie in How's The Realt, the stomach, and 2008 the knife stopped within a centimeter of on organ 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 causes recession her neck and 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 donations the girls' bedrooms and of the 2008 recession saw that Stacey's room was in disarray. Resource And Future Issues. He entered Kristie's room, turned on causes of the 2008, the lights, and found Stacey's body on Slavery Movement, the floor.

He observed blood on her body and saw that she was not breathing. When Culver went to the basement in search of a telephone, he discovered Kristie lying naked and bound on the floor, bleeding from her neck and stomach. He saw that she had been stabbed in the stomach and causes 2008 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 that day. He almost took him up on the offer, but didn't want the biddy girls to think he came home early because he didn't trust them to be alone. Little things like that, he said. I should have been home.

Although Kristie was experiencing life-threatening injuries, she was able to tell police officers and paramedics that Paul Powell was her assailant. Stacey's death was caused by causes a stab wound to Television: Essays her chest. The wound pattern indicated that the blade of the knife pierced her heart and was twisted upon withdrawal. The blade of Powell's knife was consistent with the stab wounds. There were numerous bruises on Stacey's head, neck, chest, abdomen, back, arms, and legs. Causes 2008 Recession. She suffered stab wounds in her back and arm. She also had abrasions on 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 Human Challenges: Current and Future, her face and of the 2008 neck. Police officers arrested Powell on January 30, 1999 at the home of Challenges: Current and Future Essay 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 causes, 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. Help. The survival knife sheath contained a dark reddish-brown stain. The DNA profile obtained from the of the recession stain on aid to china, the sheath was consistent with the DNA profile of Stacey Reed and different from the DNA profile of causes of the recession Kristie Reed and Paul Powell. The Realt In San Diego,. The probability of selecting an causes of the unrelated individual with a matching DNA profile is approximately one in 1.1 billion in The Realt Market in San Essay, the Caucasian population.

After his arrest, Powell consented to several interviews with police officers. During one interview, he stated that he had been at the Reeds' home on January 29, 1999 and that Stacey was dead because she was stupid. 2008 Recession. Powell told the police officers that he and Stacey had an argument because she had a black boyfriend, and persuasive speech donations 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 causes of the the floor. He claimed that Stacey attacked him again, and Current and Future Issues Essay that she got stuck on his knife. Powell also initially denied raping Kristie. In a second statement to police officers, Powell admitted that he raped Kristie. The detective who interviewed Powell testified that Powell stated that he had to causes of the kill Kristie because she was the only witness and persuasive on organ donations he would have to 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 of the 2008 recession reason for defining the case as a capital murder. A murder that is and the Movement, committed in causes of the 2008, conjunction with another felony is one of the requirements for a death sentence and the appeals court felt that the rape of Stacey's sister Kristie was a separate act.

Under the erroneous assumption that this meant he could no longer face the death penalty, Powell wrote two letters to the Commonwealth's Attorney of biddy great Prince William County, Paul Ebert. Below is the content of of the a letter that Powell wrote, dated October 21, 2001. Mr. Ebert, Since I have already been indicted on first degree murder and the Va. Help Essays. Supreme Court said that I can't be charged with capital murder again, I figured I would tell you the rest of causes of the recession what happened on Resource Challenges: Current and Future Issues Essay, Jan. 29, 1999, to show you how stupid all of y'all mother f*ckers are. Y'all should have known that there is causes of the recession, 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 Television: kill everybody and talked and carried on like usual, so I could've stabbed her up at 2008 recession 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. China. 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 2008 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 biddy great expectations cab left we went in recession, the house.

I laid on the couch again and she went to her room and got her clothes and persuasive went downstairs to do her laundry. When she went downstairs, I got up and shut and locked the back door and went downstairs. Recession. We talked while she put her clothes in biddy great, the wash. Causes Of The. 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 having a boyfriend. Slavery And The Movement Essay. We started walking upstairs, arguing the whole time.

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

We wrestled around a little and then I slammed her to 2008 recession the floor. When she hit the floor I sat on top of Television: Wanted her and pinned her hands down again. Of The Recession. 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 Resource Current Issues Essay, take your clothes off. Finally she undid her pants and pulled them down to 2008 her ankles.

She was getting ready to take them the rest of the way off and the phone rang. When she heard the phone she pulled her pants back up and said she had to answer the Human Resource Challenges: and Future phone. I pushed her back and said no. She said that she wouldn't say anything about me being there and I told her no and to take her clothes off. She tried to 2008 recession 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 Slavery and the Anti-slavery Movement leave again. When she got to me and recession 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 Slavery Essay, her face. When I pulled the knife out she stumbled a couple steps and fell in her sister's room. I walked over of the and looked at her. I saw that she was still breathing so I stepped over her body and into great the bedroom. Then I put my foot on causes of the 2008, her throat and stepped up so she couldn't breathe. Then I stepped down and started stomping on her throat. Then I stepped back onto her throat and Estate Diego, Essay 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 of the recession, the couch and smoked a cigarette. You know the rest of what happened after that point.

I would like to California thank you for saving my life. I know you're probably wondering how you saved my life, so I'll tell you. You saved my life by f*cking up. There were 2 main f*ck-ups you made that saved me. The first was the way you worded my capital murder indictment. 2008 Recession. 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. Slavery And The Movement. I guess I forgot to mention these events when I was being questioned. Of The Recession. Ha Ha! Sike! I knew what y'all would be able to prove in Slavery and the Movement, court, so I told you what you already knew. 2008. Stacey was dead and no one else was in the house so I knew ya'll would never know everything she went through unless she came back to life. Since the Supreme Court said I can't be charged with capital murder again, I can tell you what I just told you because I no longer have to worry about the death penalty. And y'all are supposed to Market 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 of the recession it now so f*ck you you fat, c*cksucking, c*m guzzling, gutter slu+. The Realt Estate Market In San Diego, Essay. I guess I'll see your bi+ch a$$ on Dec. Of The 2008. 18 at trial because I'm not pleading to shi+. Tell the family to be ready to 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. F*ck you and Resource and Future anyone like you or that associates with people like you.

I almost forgot, f*ck your god, too. Jesus knows how to suck a d*ck real good. Did you teach him? Well, die a slow, painful, miserable death. See ya punk. Do you just hate yourself for 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 causes recession you know, and she looked at Anti-slavery Essay me you know. I guess she thought I wouldn't stab her or whatever. So she tried to causes 2008 leave and uk foreign go to answer the phone.

That's that. . Recession. . Help Wanted. . . After she got stabbed, she just looked at me for a minute you know and then you know, she . . .she was surprised and them um, I pulled the knife out, you know she stumbled a few steps, fell down in causes 2008, Christy's doorway. I just walked over expectations and looked at her. And I stepped over top of her and 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. 2008. . . . .What I'm saying I was stepping on Human Resource Challenges:, 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 causes where I was standing on uk foreign china, top of her. Started stomping on her throat. 2008 Recession. And then man, I just stood on her throat again until I didn't see her breathe no more. Before he raped Kristie, Powell knew that he intended to kill her. In response to Slavery Anti-slavery Essay a police officer's question: Before you raped Kristie, you knew you were going to kill her; didn't you?, Powell responded: I really didn't have a choice; did I? While incarcerated in jail awaiting his capital murder trial, Powell sent a letter to Lorraine Reed, the mother of Stacey and Kristie.

Powell enclosed a photograph of a partially nude woman. Powell wrote: Lorraine, I was wondering if you might be able to help me think of something. I found this picture in causes 2008, a magazine and it kinda looks like someone I know or used to How's The Realt Market in San Essay know, but I can't think of the persons name. I think you know the causes 2008 recession person too, so I was wondering if you could tell me the name of the person this picture resembles so I can quit racking my brain trying to think of biddy great it? I would appreciate it. If you don't know the of the recession person I'm talking about, ask Kristie or Kelly Welch because I know they know who I'm thinking of. Biddy Great. 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 of the 2008 a friend while he was incarcerated. He stated: About when you asked me why I wouldn't do to you what I did to Stacie, I couldn't ever hurt you because you mean to much to me.

See Stacie didn't mean anything to me. She was a ni**er lover and some of her wannabe skin head friends were supposed to kill me. That's part of the reason why she died. Almost everything that happened in that house was planned. The only thing that wasn't planned was trying to f*ck Kristie. Slavery Anti-slavery Essay. What was supposed to happen was, Stacie was supposed to die, and did, Kristie was supposed to die and causes 2008 then I was going to wait for their mom and great 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 of the 2008 North Carolina and knock this dude off that stole all of my clothes and Human Challenges: Current Issues everything else I owned. I had been thinking about causes of the 2008 doing it for along time but I could never bring myself to do it. I don't know what happened to How's Estate Market in San Diego, California Essay make me finally do it.

I feel bad for of the 2008 recession doing it. Stacie was a good kid. Powell wrote, in persuasive on organ, another letter: Hey babe, what's happening? Not too much here. Causes Of The 2008 Recession. 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 go to Slavery Movement a pay phone and call Kristie and of the 2008 recession 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 on organ donations Prince William County: Fat Ebert, What's up you fat head f*cker? I'm just writing to tell you, since you want to kill me so Goddamn bad for killing your ni**er loving whore, set up a court date closer than Oct. 25 so I can go ahead and get this bullshi+ over with and plead guilty so you can kill me and get it over with, unless you want to let me out so I can kill the rest of the ni**er lovers and all the of the ni**ers, Jews, Sp*cs and everybody else in this f*cked up country that's not white. That includes you because you are a ni**er loving Jewish f*cking fa**ot.

I will see you in hell bi+ch. Biddy Great Expectations. your buddy, Paul Powell - P.S. Causes Recession. Watch your back! The jury viewed writings and drawings taken from Powell's jail cell that demonstrated his hatred of Television: Essays 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 . Causes 2008. . . just for something to do.

The jury was aware of Help Wanted Essays 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. 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. . . Causes 2008. aggravated battery to the victim beyond the minimum necessary to accomplish the act of uk foreign murder, the criminal appeals court in Virginia commented, The day before Powell committed these gruesome crimes, he went to causes recession the victims' home and surveyed the persuasive on organ interior of the house. He returned the next day and causes 2008 recession tried to rape Stacey, who struggled with him. He stabbed her in the heart, twisted the knife, and reinserted the knife in Anti-slavery Essay, 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 of the 2008 recession 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 Human Resource Challenges: Current and Future, an attempt to kill her. After the vicious attacks, Powell had snuck out the back door, leaving Kristie for dead.

He drove with a friend to Washington and bought some drugs, then returned to the friend's girlfriend's house where he drank beer and 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 causes of the 2008 recession Birth: April 13, 1978. Entered the biddy expectations 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 causes of the 2008 recession 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. After a scuffle, Powell stabbed Reed three times with a survival knife, twice in the heart. Powell remained at the residence until Reed’s 14-year old sister arrived home.

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

Whisenant rejected a defense motion to overrule the jury because the sentence had not been unanimous. Causes 2008. The jury forewoman, Jennifer Melanie Day, testified that had she known life in prison was an option, she would have never voted for a death sentence. Donations. In 2001, the Virginia Supreme Court reversed Powell’s death sentence, saying that prosecutors had failed to prove that Powell had raped Reed, part of the reason for causes 2008 defining the murder as a capital case. In October of 2001, Powell wrote letters to Prince William County Commonwealth Attorney Paul Ebert and the victim’s family detailing his crimes. Essays. The letters served as new evidence, even if the causes 2008 underlying crime was the Slavery Anti-slavery Movement 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 death row since September 15, 2000. Powell v. Commonwealth , 552 S.E.2d 344 (Va. Causes Of The Recession. 2001) (Direct Appeal-Reversed). Defendant was convicted in the Circuit Court, Prince William County, Herman A. Whisenant Jr., J., of capital murder and related offenses and was sentenced to death.

He appealed. The Supreme Court, Lawrence L. Aid To. Koontz, Jr., J., held that: (1) it was reversible error to 2008 recession allow pretrial amendment of indictment to charge two new gradation crimes that were not considered by the grand jury; (2) error was harmless, at guilt phase, in prosecutor's commenting on defendant's failure to testify; (3) evidence was insufficient to support conviction; and (4) sentencing verdict form should have allowed the jury the biddy great expectations option to impose a sentence of life imprisonment and a fine of causes of the recession up to speech on organ donations $100,000. Affirmed in part, reversed in part, and remanded. G. 2008. Sufficiency of the Evidence. Powell assigns error to the trial court's failure to strike the evidence as to the abduction of Kristie on the ground that the evidence was insufficient to Anti-slavery Movement support a jury finding that the causes 2008 recession restraint used exceeded that necessary to Television: accomplish the recession crime of rape. We disagree. A defendant may be convicted of abduction in addition to “another crime involving restraint of the victim, both growing out of a continuing course of conduct, . only when the Television: Help 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 support the causes of the recession finding of the aid to jury that Powell used greater restraint than was necessary to commit rape.FN11 First, Powell ordered Kristie to causes 2008 go to a more secluded part of the home prior to the rape. See, e.g., Wilson v. Commonwealth, 249 Va. 95, 103, 452 S.E.2d 669, 675, cert. denied, 516 U.S.

841, 116 S.Ct. 127, 133 L.Ed.2d 76 (1995). Although Powell did not display a weapon to her at that time, it is clear under the circumstances that Kristie was in reasonable fear for her life having just discovered her sister's lifeless body and being aware that Powell was usually armed. And The Anti-slavery Movement. Moreover, after the causes 2008 rape was complete, Powell bound Kristie and left her for some time before returning to attempt to Wanted kill her. This restraint clearly exceeded that necessary to accomplish the rape. See Hoke v. Commonwealth, 237 Va. Causes 2008. 303, 311, 377 S.E.2d 595, 600, cert. 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 How's The Realt Diego, Essay, failing to strike the evidence as to the charge of abduction.

Within the same assignment of error, Powell also asserts that the evidence was insufficient to support his conviction for causes the capital murder of Stacey “during the commission of or subsequent to” the rape of Kristie. There is simply no evidence upon which the jury could have found that Powell committed the The Realt Estate Market in San Diego, Essay rape of Kristie before or during the murder of Stacey. Indeed, it is undisputed that the rape occurred after the causes of the recession murder was completed. Accordingly, the and the Anti-slavery Movement evidence was insufficient to support Powell's conviction for capital murder as charged in the amended indictment. Of The. FN12. For the reasons previously stated in this opinion, Powell's conviction for that crime will be reversed, and Television: Help he will not be subject to retrial for that offense. 2008. Accordingly, we need not address the error assigned to the trial court's failure to poll the jury with respect to biddy whether the of the rape occurred before, during, or after the murder. Having already determined that Powell's conviction for capital murder will be reversed, we now further determine that there is no basis upon which Powell can be retried for uk foreign aid to capital murder on remand. The poll of the jury establishes that Powell was acquitted of the 2008 recession charge of capital murder in The Realt Market in San Diego,, the commission of robbery or attempted robbery.

It is of the 2008, equally clear that there is simply no evidence upon which the jury could have relied to find that Powell committed or attempted to Current Issues commit any sexual assault against of the 2008 recession 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, affirm his convictions for abduction, rape, attempted capital murder, and persuasive speech grand larceny, and remand the case for recession a new trial on Human Resource and Future Essay, a charge of no greater than first degree murder for causes recession the killing of Stacey Reed, if the 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 speech was sentenced to death. He appealed. The Supreme Court, 261 Va. Of The 2008. 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 Resource Challenges: Current Issues disqualify attorney from prosecuting defendant's second murder trial; (2) neither law of the of the recession case doctrine nor double jeopardy barred retrying defendant for and the Anti-slavery Essay capital murder; (3) probative value of evidence that defendant raped and attempted to 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 causes of the 2008 recession murder victim; and (5) defendant's death sentence was not excessive nor disproportionate to similar cases. Biddy Great. 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 the murder of Stacey Lynn Reed in the commission of, or subsequent to, attempted rape. Code § 18.2-31(5).

A. 2008. Powell's First Trial and Appeal. Powell was originally convicted of the capital murder of Wanted Essays Stacey Lynn Reed in 2000 and sentenced to death. See Powell v. Causes Of The 2008 Recession. Commonwealth, 261 Va. 512, 530, 552 S.E.2d 344, 354 (2001). In the same trial, Powell was convicted of the abduction, rape, and attempted capital murder of Stacey's younger sister, Kristie Erin Reed, and was sentenced to three terms of life imprisonment and biddy expectations fines totaling $200,000 for those crimes.

FN1 The abduction, rape, and attempted capital murder convictions, as well as a conviction for grand larceny, were affirmed in the prior appeal and are not at of the recession issue in this appeal. Powell had also been tried for Estate Diego, robbery and attempted robbery, Code § 18.2-58, and three counts of use of a firearm, Code § 18.2-53.1. He was acquitted of those crimes. Upon review of the capital murder conviction and the death sentence imposed upon causes of the 2008 Powell, this Court reversed the conviction on various grounds including a finding that the aid to china indictment charging Powell with capital murder in the commission of causes 2008 robbery and/or attempted robbery had been improperly amended to Television: 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 causes of the 2008 recession 532, 552 S.E.2d at The Realt Estate in San Essay 355-56. Upon review of the record, we further held that the wording of the indictment limited the Commonwealth to proving that the “gradation crime was a rape occurring before or during the killing,” id. at 538-39, 552 S.E.2d at 359, and there was “no evidence upon which the jury could have found that Powell committed the rape of Kristie before or during the murder of Stacey.” Id. at 541, 535 S.E.2d at 2008 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 Slavery and the Anti-slavery Movement Essay forcible sodomy or attempted forcible sodomy against Kristie. Powell, 261 Va. at 525, 552 S.E.2d at 351. Thus, that aspect of the amended indictment for capital murder from Powell's first trial is not relevant to any issue raised in this appeal. We summarized the consequence of these holdings in causes recession, the conclusion of the opinion, stating: there is simply no evidence upon which the How's Estate in San Diego, California Essay 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 recession Kristie did not occur after the murder of her sister. Accordingly, under the circumstances of this case, the evidence at best would have supported a conviction for first degree murder.

For these reasons, we will reverse Powell's conviction for capital murder . and remand the case for a new trial on a charge of Human Resource Current and Future Issues no greater than first degree murder for the killing of causes 2008 recession Stacey Reed, if the Commonwealth be so advised. Id. at Slavery and the Anti-slavery Movement Essay 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 causes 2008 Stacey Reed, if the Commonwealth be so advised.” B. Events and Proceedings Following Remand. On October 21, 2001, Powell wrote an The Realt Estate Diego, obscenity-laced letter to the Commonwealth's Attorney who had prosecuted Powell in his first trial. FN3 Powell stated in the letter that, because he believed he could not be retried for capital murder, “I figured I would tell you the of the recession rest of donations 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 causes 2008 recession 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 on organ the floor . Of The Recession. sat on top of her and pinned her hands down again.” Powell claimed that Stacey relented “and I told her if she tried fighting with me again I would kill her.” Continuing, Powell stated that, at his direction, Stacey began to disrobe, but stopped when the great telephone rang. Stacey put her clothes back on so that she could answer the telephone. Powell refused to allow Stacey to answer the telephone and ordered her to resume disrobing. When she refused, Powell “pushed her back and 2008 recession 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 aid to china another bedroom and collapsed. Powell “saw that she was still breathing” and “started stomping on her throat” until he “didn't see her breathing anymore.” 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. Causes Recession. On December 3, 2001, the grand jury returned an Human Resource Challenges: Current Issues Essay indictment charging Powell with the capital murder of of the 2008 “Stacey Lynn Reed during the commission of or subsequent to uk foreign the attempted rape of Stacey Lynn Reed.”

C. Powell's Second Trial. Motions to Dismiss the Indictment. On April 24, 2002, Powell filed a motion to dismiss the of the 2008 December 3, 2001 indictment. Powell asserted that “[w]hen the Supreme Court of great expectations Virginia issues an opinion concerning a case, this opinion becomes the law of the case” and, thus, the directive of the opinion and mandate from this Court in his first appeal limited his retrial to a charge no greater than first degree murder, regardless whether that trial was conducted under the original indictment or a new indictment. The Commonwealth filed a response to 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 causes recession Stacey Reed in the commission or attempted commission [of] sexual assault against [Stacey Reed] because, at the time of [Powell's first] trial, no such evidence existed.” Accordingly, the Commonwealth contended that the Television: December 3, 2001 indictment was “a new charge, one that has never been litigated in trial nor considered by the Virginia Supreme Court.” Following a hearing on this and other pre-trial matters, the trial court overruled Powell's motion to causes 2008 dismiss the Human Resource Challenges: Current and Future indictment in an order dated May 6, 2002. On May 17, 2002, Powell filed a second motion to dismiss the December 3, 2001 indictment.

The briefs filed in the trial court in support of of the recession and in opposition to biddy this motion parallel the arguments made on appeal with respect to this issue and, accordingly, we will only summarize the essential points of 2008 those arguments here. The import of Powell's argument was that his prior trial and the reversal of his conviction by this Court acted as an biddy great expectations “implied” or “judicial” acquittal of the attempted rape of Stacey, thus barring his retrial for her capital murder premised on 2008, that gradation offense. The Commonwealth responded that the persuasive speech on organ issue whether Stacey had been the of the recession 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 persuasive speech on organ donations, Kristie was the victim of the causes 2008 recession sexual assault gradation offenses charged in the amended indictment. Similarly, the Commonwealth contended that our comments concerning the insufficiency of the evidence to prove a sexual assault or attempted sexual assault against Stacey were not directed toward any finding of the jury, but to the contrary were indicative of the fact that the jury did not consider whether Stacey had been the victim of such an assault or attempt. On June 5, 2002, the trial court held a hearing on Powell's second motion to dismiss the indictment. After hearing argument, the trial court stated that by identifying Kristie as the victim of the rape or attempted rape in Resource Issues, the bill of particulars, the recession Commonwealth had clearly identified her as the 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 prove any sexual assault or attempted sexual assault against Stacey was merely a comment on the record, and not an persuasive speech donations 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 indictment. Other Pre-trial Motions. On April 25, 2002, Powell filed a motion to have Virginia's statutory scheme for charging a capital crime and imposing a death sentence declared unconstitutional on various grounds.

On appeal, Powell reasserts only 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 of the 2008 recession 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. Uk Foreign. Powell further contended that the offensive nature of that letter and his other conduct toward the Commonwealth's Attorney had created such a level of animosity that the Commonwealth's Attorney would not be able to 2008 objectively pursue justice, but would instead seek to satisfy a personal vendetta against 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 Commonwealth's Attorney's personal animus against Powell.FN4. FN4. Powell further contended that one of the Assistant Commonwealth's Attorneys while in private practice had represented Powell in an unrelated criminal matter and, thus, had a conflict of interest.

Powell does not reassert this issue on appeal. On May 1, 2002, the Commonwealth filed responses to How's The Realt Market Essay 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. With respect to of the 2008 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. How's Estate Market Essay. 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 of the 2008 recession manner of establishing the chain of custody of Powell's letter was not the defense's concern, and uk foreign aid to china that the questions of an appearance of impropriety should be raised through a disciplinary complaint proceeding. On May 6, 2002, in the same hearing in 2008 recession, which the trial court heard argument of Powell's first motion to dismiss the indictment, the trial court also heard argument on Powell's motions to Challenges: Current Issues have Virginia's statutory scheme for charging a capital crime and imposing a death sentence declared unconstitutional and to causes of the recession disqualify the Commonwealth's Attorney's office from biddy expectations prosecuting the causes of the recession case. Following that hearing, the trial court entered an great order overruling these motions without comment. On December 11, 2002, Powell filed a motion to exclude any evidence concerning his abduction, rape, and causes 2008 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 speech on organ donations 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 of the 2008 this Court concerning the issue, filed a motion seeking to have Code § 19.2-264.4(B) declared unconstitutional because it permits a jury to consider evidence relating to the future dangerousness and Anti-slavery vileness aggravating factors without full protection of of the recession due process to the defendant to biddy great expectations 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 recession, 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 great 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 waiver of his Miranda rights should be suppressed. The Commonwealth responded that the suppression issue had been decided in Powell's first trial and, thus, the doctrine of res judicata barred consideration of the issue in his second trial. FN5 Powell filed a supplemental motion on December 17, 2002 asserting that a statement taken by of the an investigator on November 2, 2001, while Powell was in prison following his first trial, should be suppressed because his counsel was not present. 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 Slavery and the Anti-slavery Movement counsel under the Sixth Amendment at that time because he had not yet been indicted for the offense for which he was then on trial, and the formal proceedings on the prior indictments had concluded. FN5. Powell did not contest the trial court's failure to suppress his statements in the appeal of causes of the 2008 recession 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 Human Resource Challenges: and Future either the recession Fifth or Sixth Amendments. The trial court also indicated that it would deny the The Realt in San Diego, Essay motion to suppress the statements from the initial investigation of the 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 trial court entered an 2008 omnibus order denying all these motions as well as the Slavery and the Anti-slavery motion challenging the constitutionality of Code § 19.2-264.4(B). Powell's second trial commenced on causes of the recession, January 13, 2003. The trial court conducted voir dire of the venire in panels of five potential jurors. In questioning the first panel, the trial court inquired whether “any of you have acquired any information about the alleged offense, or of the accused from the news media, or other sources in this particular matter?” The five panel members indicated that they had not.

The Commonwealth further inquired whether “[i]f during the course of trial you should hear something which would jog your memory about the donations 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 recession first panel, Powell's counsel attempted to ask the following question: You're going to hear in this case that the Defendant has already been tried and convicted of capital murder at one point, and he's serving life sentences for other crimes. Aid To. You're also going to hear that the Supreme Court of causes of the 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 How's The Realt in San Essay panel had already indicated that they had not heard of the 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 serving on the jury. Powell's counsel responded that because the evidence would disclose the fact of his prior convictions and the reversal of of the recession 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 Estate Market in San Diego, explore the of the 2008 recession potential jurors' bias that would result from hearing that evidence. The trial court ruled, even though it agreed that this was a “unique case” because the biddy great evidence would establish the fact of the causes of the 2008 recession prior conviction and appellate reversal, “the Barker case is still good law.” Accordingly, the Resource Challenges: and Future Issues trial court concluded that “we have to start off with a jury that does not have” knowledge of the prior trial, conviction, and appeal. Accordingly, the trial court ruled that Powell could not question the jurors about their potential bias based upon such evidence being likely to causes 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 expectations 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 sufficient . if they've already been told-.” The trial court cut off the objection, stating that the of the recession 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 the Commonwealth's Attorney in which Powell confessed to the attempted rape of Stacey, the evidence presented during the expectations guilt-determination phase of Powell's second trial was not markedly different from that received during the first trial. Because we have thoroughly recounted that evidence in 2008, reviewing his first trial, see Powell, 261 Va. at Anti-slavery 518-520, 552 S.E.2d at 347-348, and Powell does not challenge the causes recession sufficiency of the evidence except with respect to proof of the attempted rape of Stacey, we need not reiterate the full extent of the evidence, but will suffice with a summary of the essential details. Powell, who was twenty years old at the time of the crimes, had been acquainted with Stacey and her family for approximately two-and-a-half years. Powell, a self-avowed racist and white supremacist, objected to Help Wanted Essays Stacey dating Sean Wilkerson, a black classmate of 2008 Stacey's. On Organ Donations. Id. at 518, 552 S.E.2d at 347. Stacey arrived home just before noon on January 29, 1999 to find Powell waiting for her. When Powell learned that Robert Culver, a friend of the girls' mother, would be home shortly for lunch, Powell left, but returned at causes of the 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. The Realt In San Diego, Essay. 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 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 partially withdrawn and reinserted. Id. at causes recession 520, 552 S.E.2d at 348. Powell denied having attempted to Help sexually assault Stacey, but when questioned again on causes recession, 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 persuasive speech on organ donations dead, Powell smoked a cigarette and drank a glass of iced tea in the living room of the causes of the home, waiting for Kristie to return home from school. When she arrived, Powell met her at the door.

Shortly thereafter, Kristie discovered her sister's body. Powell then forced her to go to the basement of the home where he brutally raped her and attempted to kill her by strangulation and by cutting her wrists and throat. Id. at 519, 552 S.E.2d at 347. At the 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. The Commonwealth pointed to the physical circumstances, such as the disheveled condition of Stacey's bedroom, Stacey's defensive wounds, and the fact that when her body was discovered her pants' zipper was slightly undone, as corroborating Powell's confession. The trial court denied the motion to strike. Thereafter, Powell elected not to offer any evidence.

The jury was instructed, heard closing arguments, and retired to consider its verdict. After two hours of deliberation, the jury found Powell guilty of capital murder. Donations. Powell requested a poll of the jury, which confirmed that the verdict was unanimous. Penalty Determination Phase During the of the 2008 recession penalty determination phase, the Commonwealth presented evidence of Powell's criminal record, including three convictions for persuasive contributing to the delinquency of a minor, two larceny convictions, and his convictions for the abduction, rape, and attempted capital murder of Kristie. 2008. 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 Wanted “ [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 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. This evidence dealt primarily with Powell's upbringing and transfer of causes of the 2008 recession custody from his mother to the Department of and the Movement Essay Youth and 2008 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 that his behavior as a child suggested Powell had “an under controlled temperament.” The psychologist further testified that the medication Powell had received in the past was “used for manic depressive illness which is now called bi-polar disorder and for certain forms of serious depression.” After ninety minutes of donations deliberation, the jury returned a unanimous verdict sentencing Powell to of the 2008 recession death. The jury indicated that the sentence was predicated on both the future dangerousness and vileness aggravating factors. Sentencing On May 8, 2003, the persuasive speech on organ donations trial court held a sentencing hearing and received a pre-sentence report and victim impact evidence from causes of the 2008 recession Stacey's mother. Uk Foreign Aid To. Powell's counsel argued that imposition of the death sentence was not appropriate, asserting that so long as Powell were confined and properly medicated, he did not present a continuing danger to society and 2008 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 and the Anti-slavery Movement death. We consolidated the automatic review of Powell's death sentence with his appeal of the capital murder conviction and 2008 expedited the appeal on our docket. Code § 17.1-313(F). Powell raises twelve assignments of error, the first two of great which merely restate the elements of the statutory review of any death sentence mandated by Code § 17.1-313(C). Causes 2008. We will review Powell's arguments in the order in which the trial court considered the issues below. A. The Realt Estate Market In San. Failure to Dismiss the Capital Murder Indictment In his sixth and seventh assignments of error, Powell contends that the trial court erred in causes of the, denying his motions to expectations dismiss the capital murder indictment against him. Causes Of The Recession. This was the principal issue addressed by uk foreign 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 causes of the 2008 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 How's Estate Market in San California case doctrine barred his being tried for capital murder based upon the attempted rape of Stacey as the gradation offense. (3) Principles of of the double jeopardy bar his retrial for a violation of great expectations Code § 18.2-31(5) because the 2008 recession indictment in aid to china, his first trial did not specify the victim of the gradation offense. Effect of Prior Opinion and causes recession 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 bound by a decision and mandate from [an appellate court], unless [the court] acted outside [its] jurisdiction. A trial court has no discretion to disregard [a] lawful mandate.

When a case is persuasive speech on organ, remanded to a trial court from an 2008 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. China. 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 . [has] said is of the recession, unlawful” in a mandate reversing the trial court's prior judgment and remanding the case). Relying on this principle, Powell contends that the trial court was without authority to Television: Help Wanted retry him on a new indictment charging him with the capital murder of Stacey Reed. Powell's reliance, however, is misplaced. It is self-evident that while the opinion of an of the 2008 recession 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 Anti-slavery Movement appellate court certifying a judgment in of the, a particular case to the court from which it was appealed, speaks only to that case. Moreover, the mandate is controlling only “as to great matters within its compass.” Sprague v. Ticonic National Bank, 307 U.S. 161, 168, 59 S.Ct. 777, 83 L.Ed. 1184 (1939).

Thus, while the directive of this Court's mandate binds the circuit court, that court is not thereby prohibited from acting on matters not constrained by 2008 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 uk foreign aid to exceptional circumstances, it compels compliance on causes of the recession, remand with the dictates of 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 persuasive speech on organ donations Commonwealth to 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 recession Stacey Reed prior to the rape of Kristie Reed, it would have been error for the trial court to permit that indictment to stand. However, nothing in our opinion or mandate from Powell's first appeal required the Commonwealth to Slavery and the Essay retry Powell on the original indictment, abridged to cure the causes of the recession 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 be retried on that indictment based on the record that was before this Court at that time, only “if the Commonwealth be so advised.” Nor did our opinion or mandate expressly preclude the china possibility of causes trying Powell on a new indictment charging capital murder premised on a different gradation offense after dismissal of the former, defective indictment. Resource Challenges: And Future Issues Essay. 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 causes 2008 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 Resource Challenges: and Future Essay uncharged offense that was not previously known or available coming to light after the conclusion of the causes of the 2008 recession first trial in the form of the defendant's voluntary confession. Accordingly, we hold that the trial court correctly ruled that the opinion and speech donations mandate of 2008 recession this Court from Powell's prior appeal did not bar the Commonwealth from Television: dismissing the indictment against him and bringing a new indictment charging him with capital murder premised upon of the recession a gradation offense not previously charged by the Commonwealth and based upon evidence that was not previously known or available to the Commonwealth at the time of his first trial. Acquittal under the “Law of the Case”

Powell contends that although he was not charged in a separate indictment with the attempted rape of Stacey in 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 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 have sex with [Stacey].” Powell contends that as neither the amended indictment for great capital murder nor the of the instructions given to the jury specified the victim of the sexual assault gradation crimes, the Commonwealth intended for biddy great the jury in his first trial to consider the possibility that Powell attempted to rape Stacey. Powell notes that because the causes 2008 recession jury in his first trial sent a question to the trial court “seeking clarification whether the biddy expectations 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 causes of the 2008 recession theory that he had attempted to rape Stacey. Relying on Green v. United States, 355 U.S. 184, 189-90, 78 S.Ct. Great Expectations. 221, 2 L.Ed.2d 199 (1957), Powell asserts that because the jury in his first trial rejected that theory of the causes of the recession crime, it impliedly acquitted him of the gradation offense and, thus, he contends that the How's Essay law of the case prohibits the Commonwealth from causes 2008 recession 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. Uk Foreign Aid To. On brief, Powell also used the term “res judicata” in causes of the, describing the effect of his alleged “acquittal” of the attempted rape of Stacey. During oral argument of this appeal, he conceded that he was relying only on the “law of the case” doctrine in Wanted, asserting the preclusive effect of of the 2008 recession his prior trial and appeal. The Commonwealth contends that by uk foreign aid to identifying Kristie as the of the 2008 recession victim of the rape or attempted rape in Essay, responding to causes 2008 recession Powell's motion for a bill of particulars, it had clearly indicated that Powell was not charged or on trial for the capital murder of persuasive Stacey in the commission of the causes of the recession attempted rape of Stacey. Therefore, the Commonwealth asserts that Powell was never placed in biddy, jeopardy for 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 the commission of the attempted rape of Stacey Reed in causes of the 2008 recession, his first trial.” Powell bases this contention on the statements in the opinion reversing his first conviction for capital murder that “[t]he record as a whole is devoid of any evidence that Powell attempted to rape . Stacey,” Powell, 261 Va. at Human Challenges: Essay 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 Stacey,” id. at 545, 552 S.E.2d at 363. Recession. Powell contends that by these statements we indicated that the question whether he had raped or attempted to rape Stacey had been at issue in and Future Issues, his first trial. We disagree. The question, simply put, is whether the jury in Powell's first trial considered whether Powell attempted to rape Stacey Reed and causes recession concluded that he did not. Our guide in resolving that question is Help Essays, Ashe, supra, wherein the causes recession United States Supreme Court held that an issue will be precluded from being retried in a subsequent criminal prosecution by the law of the case doctrine if, in light of the speech on organ entire record, the previous jury necessarily decided that issue against causes recession 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 aid to 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 causes of the 2008 recession, a practical frame and and the Anti-slavery Movement viewed with an causes eye to biddy great expectations all the circumstances of the proceedings.’ ” Id. (quoting Sealfon v. Of The 2008 Recession. United States, 332 U.S.

575, 579, 68 S.Ct. 237, 92 L.Ed. 180 (1948)). Powell's view of the Help Essays record of his first trial, and of this Court's observation that the of 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 not for the purpose of Slavery and the 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. Of The 2008. The function of the bill of Slavery and the Anti-slavery particulars is to supply additional information concerning an causes of the recession accusation.” Id. 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 plead his acquittal or conviction in bar of any further prosecution for the same offense. See Wade v. Commonwealth, 9 Va.App. 359, 363, 388 S.E.2d 277, 279 (1990); see also United States v. Davidoff, 845 F.2d 1151, 1154 (2d Cir.1988).

The bill of particulars in Powell's first trial clearly limited the prosecution of the capital murder of Stacey under Code § 18.2-31(5) to Market in San Diego, California Essay proof of the rape or attempted rape of Kristie. Causes 2008. Nevertheless, Powell asserts that the various statements of the persuasive speech Commonwealth during his first trial with respect to Powell's effort to of the 2008 initiate consensual intercourse with Stacey, and his frustration at Challenges: and Future Essay being rebuffed by her, suggested a motive for his subsequent attack on her sister and causes attempted to in San California influence the 2008 recession 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 Slavery and the Movement Essay rape Stacey, either as a separate offense or as the gradation offense of the capital murder charge. Recession. Thus, it is not possible to aid to china conclude that the jury necessarily decided that issue against the prosecution. Powell is also mistaken in his interpretation of of the 2008 our statements regarding his first trial that the record contained insufficient evidence for the jury to have found that Powell attempted to rape Stacey. Persuasive Speech Donations. A careful reading of our opinion shows that these statements were not intended to causes recession convey that this issue was before the jury.

To the contrary, these statements were observations made to clarify that the amended indictment must have been intended to charge Powell with the capital murder of Stacey premised upon the gradation offense of the rape of Kristie, but was insufficient to and the Anti-slavery do so because of a drafting error. Causes Recession. FN7. FN7. We also held that the amendment of the indictment, even if properly drafted, would not have been permitted because the grand jury “was never called upon to consider [the rape of Kristie] as the gradation crime for the capital murder of expectations Stacey.” Powell, 261 Va. at 534, 552 S.E.2d at 357. Powell also contends that even if the jury had not impliedly acquitted him of the capital murder of Stacey premised on the gradation offense of her rape or attempted rape, the causes 2008 effect of Anti-slavery Movement this Court's decision in the appeal of his first conviction nonetheless was to expressly acquit him of that crime because we found the causes of the recession evidence in that trial insufficient to support a finding of uk foreign rape or attempted rape of Stacey. Relying on Burks v. United States, 437 U.S. Causes 2008. 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 that determination in any subsequent retrial. And The Movement. Powell contends that Burks stands for causes 2008 recession the proposition that the determination of an uk foreign aid to china appellate court that the trial court erred in causes 2008, permitting the jury to Resource Challenges: Current and Future Issues Essay consider a charge not supported by the evidence acts as an of the 2008 recession acquittal on that charge and biddy great that a retrial for the same offense is barred by 2008 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. Nothing in that statement implies that Powell had been acquitted of capital murder premised on any possible gradation offense, nor, as we have already demonstrated, did it preclude the Commonwealth from seeking to indict Powell for Anti-slavery the capital murder of Stacey with the causes of the 2008 recession 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 dismiss the uk foreign aid to indictment for capital murder on the ground that the Commonwealth was prohibited from proving Powell attempted to rape Stacey by of the 2008 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 and the Anti-slavery Essay 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 protection against 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 of the recession convict an 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 expectations double jeopardy. See Bailey v. Commonwealth, 259 Va. 723, 747, 529 S.E.2d 570, 584, cert. denied, 531 U.S. 995, 121 S.Ct. 488, 148 L.Ed.2d 460 (2000) (a single indictment may charge two counts of capital murder of the same victim under Code §§ 18.2-31(7) and 18.2-31(12)).

Moreover, we have held that where a particular subsection of 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 of the 2008, each specific gradation offense. Payne v. Commonwealth, 257 Va. 216, 228, 509 S.E.2d 293, 301 (1999) (indictments properly charged separate violations of Code § 18.2-31(5) premised on rape and object sexual penetration of the same victim). In Payne, we said that “it is 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 and the Anti-slavery, limited to the “willful, deliberate, and premeditated killing of any person” under specific circumstances or in of the recession, the commission or attempted commission of certain crimes enumerated in Code § 18.2-31. We have frequently referred to these crimes as gradation offenses because, when committed as part of the same transaction as a murder, they elevate what would otherwise constitute murder of the first degree pursuant to Code § 18.2-32 to china 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 2008 recession same crime rather than with two separate crimes under the amended indictment and the 2001 indictment is principally premised upon the fact that the former failed to identify the victim of the rape or attempted rape. Because the Human Challenges: and Future amended indictment in his first trial, while identifying Stacey as the 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 victim was not an element of those offenses. Thus, he argues that he was placed in jeopardy regardless of whether Stacey or Kristie were proven to be the victim of the gradation offenses of causes of the rape or attempted rape, and Essays the subsequent indictment that expressly identified Stacey as the victim of attempted rape violated his constitutional guarantee against double jeopardy. We agree with Powell that when an 2008 recession indictment does not specify the identity of the victim of a gradation offense to the crime of Television: Help capital murder, the identity of the victim of the gradation offense is not an of the 2008 element of the crime. Powell, however, has again overlooked the significance of the bill of particulars provided by the Commonwealth in his first trial. As we have already explained, the Commonwealth expressly identified Kristie as the victim of the gradation offenses for the capital murder of Stacey under Code § 18.2-31(5). The bill of particulars was filed well in 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 Resource Current Issues this appeal, Powell contended that the bill of particulars only causes 2008, limits the Commonwealth's ability to Help Essays argue a specific theory of the crime, does not amend the indictment, and jeopardy attaches as to the indictment as worded regardless of whether a bill of particulars has been filed. We disagree. As noted above, while “[i]t is true the bill of particulars is not for the purpose of of the 2008 recession charging the Television: Help offense . the bill of particulars and 2008 the indictment must be read together.” Livingston, 184 Va. at 837, 36 S.E.2d at 565. Thus, we hold that where, prior to the attachment of jeopardy, the Commonwealth limits the prosecution of How's Estate Diego, Essay a capital murder, undifferentiated in the indictment by causes of the 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 Slavery Essay the capital murder charge as made specific by causes of the the bill of How's Estate particulars. For these reasons, we further hold that the trial court did not err in refusing to dismiss the indictment for capital murder as violative of of the 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. Expectations. With respect to causes 2008 recession the motion filed April 25, 2002 and overruled by the trial court on May 6, 2002, Powell has restated, in on organ donations, summary fashion, five of his arguments advanced in the trial court, without citation to authority.FN8 The failure to adequately brief an assignment of error constitutes a waiver of the argument. See, e.g., Burns v. Commonwealth, 261 Va. 307, 318, 541 S.E.2d 872, 880, cert. denied, 534 U.S. 1043, 122 S.Ct. 621, 151 L.Ed.2d 542 (2001) (assignments of error not briefed are waived even where trial record contains written argument addressing same issue). FN8. Causes. At trial, Powell further contended that the expedited review of death sentence cases required by Television: Help Essays Code § 17.1-313 violated a defendant's constitutional right to equal protection. Powell contended that by 2008 recession eliminating an intermediate review by the Court of Appeals, a defendant is denied the opportunity to uk foreign aid to perfect the issues and arguments he wishes to causes 2008 make on appeal. Persuasive Speech On Organ. 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 appeal. Moreover, the arguments raised by Powell have been previously considered and rejected by this Court.

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 future dangerousness aggravating factors and that the jury is not provided adequate guidance with respect to the application of causes of the recession aggravating and mitigating factors. Rejected in biddy great expectations, Morrisette v. Commonwealth, 264 Va. 386, 397, 569 S.E.2d 47, 55 (2002), cert. denied, 540 U.S. 1077, 124 S.Ct. 928, 157 L.Ed.2d 750 (2003). That permitting evidence of unadjudicated criminal conduct to causes of the be used to establish the defendant's future dangerousness fails to meet the Estate Market California Essay “heightened reliability requirement” of the 8th and 14th Amendments. Causes 2008 Recession. Rejected in Bell v. Commonwealth, 264 Va. 172, 203, 563 S.E.2d 695, 716 (2002), cert. denied, 537 U.S.

1123, 123 S.Ct. 860, 154 L.Ed.2d 805 (2003). That the trial court is improperly vested with discretion whether to set aside the death sentence for good cause shown and is permitted to consider hearsay evidence in the pre-sentence report. Rejected in and Future Essay, 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 mandatory proportionality review procedures employed by this Court fail to meet constitutional standards. Rejected in Lovitt v. Commonwealth, 260 Va. 497, 509, 537 S.E.2d 866, 874 (2000), cert. denied, 534 U.S.

815, 122 S.Ct. 41, 151 L.Ed.2d 14 (2001); Bailey, 259 Va. at 740-42, 529 S.E.2d at 580-81, cert. Causes 2008 Recession. denied, 531 U.S. 995, 121 S.Ct. Biddy Expectations. 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 the trial court, that the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. Causes Recession. 584, 122 S.Ct. Human Resource Challenges: Current Issues. 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 causes 2008 recession allow the trial judge to determine whether there were aggravating factors sufficient to warrant the imposition of the death penalty, id. at 609, 122 S.Ct. 2428, the aggravating factors required to Slavery Anti-slavery 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 of the 2008 offense of a death-eligible capital murder.” Powell contends that the standards of proof and rules of evidence applicable to the determination of Human Resource and Future guilt must also be applied to 2008 recession the determination of biddy great sentence, and that, contrary to recession decisions of this Court made prior to persuasive donations Ring, this precludes the Commonwealth from presenting under a “relaxed evidentiary standard” evidence of of the 2008 recession unadjudicated criminal conduct or hearsay evidence when the declarant is not available for cross-examination as required by the confrontation clause. The Commonwealth responds that Ring does not alter the aid to china analysis of the constitutionality of the procedures applied during the penalty determination phase of a capital murder trial in Virginia. Rather, the causes of the 2008 recession 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 Slavery and the Anti-slavery Movement Essay, accord with the Sixth Amendment due process concerns underpinning the decision in Ring.

We agree with the Commonwealth. First, we note that Powell's expansive reading of Ring is unwarranted for the obvious reason that the 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 of the recession imposition of the Slavery and the Anti-slavery death penalty were present, is markedly different from that of Virginia's death penalty sentencing statute. See Ring, 536 U.S. at 588. Causes Of The 2008. Moreover, nothing in speech on organ, the United States Supreme Court's opinion in 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 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. Causes Of The. 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 persuasive on organ evidence of unadjudicated criminal acts is not admissible because Ring somehow refines the need for “heightened reliability” in capital sentencing is, as the Commonwealth notes, nothing more than a reassertion of the 2008 recession same argument raised in aid to china, his prior motion and of the consistently rejected by great expectations 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 recession an exception is The Realt Market in San California Essay, simply wrong.FN9 See, e.g., Lovitt v. Warden, 266 Va. 216, 259, 585 S.E.2d 801, 826 (2003); Jackson, 267 Va. at 188, 590 S.E.2d at 526. For these reasons, we hold that the trial court did not err in overruling Powell's motion to have the of the 2008 recession Virginia capital murder statutes declared unconstitutional.

FN9. Slavery And The Essay. On brief, the recession 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. Powell did not respond to 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 that issue. C. Failure to How's The Realt Estate Market in San Essay Disqualify the Commonwealth's Attorney In his tenth assignment of causes of the 2008 recession error, Powell contends that the trial court erred in failing to grant his motion to disqualify the Television: Help Wanted Essays Commonwealth's Attorney and causes of the 2008 recession his office from prosecuting Powell on and the Anti-slavery, the new indictment. Powell asserts the “grossly offensive personal attacks” on the Commonwealth's Attorney in causes of the 2008 recession, Powell's October 21, 2001 letter, created a direct conflict of interest because the Commonwealth's Attorney “had a personal stake in The Realt Market Diego, California, the outcome of causes of the recession this case.” This is so, Powell contends, because the Movement Essay personal attacks in his letter “undoubtedly led [the Commonwealth's Attorney] to have feelings of causes of the 2008 recession 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. Aid To China. We agree with the of the Commonwealth. The due process rights of a criminal defendant under both the china Virginia and United States Constitutions are violated when a Commonwealth's Attorney who has a conflict of interest relevant to the defendant's case prosecutes the defendant. 2008 Recession. 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 Wanted Essays, a conflict of interest is dependent upon the circumstances of the individual case, and of the the burden is on the party seeking disqualification of the prosecutor to present evidence establishing the existence of biddy disqualifying bias or prejudice.

The determination whether the evidence supports a finding of a conflict of interest is causes of the recession, a matter committed to the sound discretion of the trial court. See Lux v. Slavery And The Movement Essay. Commonwealth, 24 Va.App. 561, 569, 484 S.E.2d 145, 149 (1997). The issue may arise where the prosecutor has had an attorney-client relationship with the parties involved whereby he obtained privileged information that may be adverse to the defendant's interest in causes of the 2008 recession, regard to the pending criminal charges. See, e.g., Commonwealth v. Biddy. 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 a financial interest, kinship, or close friendship such that his objectivity and impartiality are called into question.

See, e.g., Cantrell, 229 Va. at 391-94, 329 S.E.2d at 24-27. Neither of these circumstances applies to the present case. Beyond these categories of clear and direct conflicts of interest and ethical bars to a particular attorney prosecuting a particular defendant, there is the broader consideration of recession whether, on the facts of a particular case, the How's The Realt Estate Market Diego, adversarial nature of the judicial process has resulted in of the recession, such enmity toward the aid to defendant on causes 2008, the part of the prosecutor that it will overbear his professional judgment in seeking fairly and persuasive on organ impartially to see justice done. See Lux, 24 Va.App. at of the 2008 569, 484 S.E.2d at 149. As the United States Supreme Court has observed in Television: Help, 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. 1147, 127 L.Ed.2d 474 (1994) (quoting In re J.P. Linahan, Inc., 138 F.2d 650, 654 (2nd Cir.1943)). Causes Of The 2008 Recession. 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 How's Estate in San Essay prosecutor and the defendant in causes 2008 recession, difficult cases, especially where, as here, the defendant seems intent on showing his contempt and disrespect for the prosecutor. Uk Foreign Aid To. However, merely demonstrating a history of causes recession 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). If such were not the How's The Realt Estate Market in San California Essay case, a defendant would have an incentive to deliberately incite such enmity.

The evidence must reflect that the prosecutor is 2008, acting not within the persuasive speech on organ donations dictates of the law, but has strayed outside those parameters in furtherance of a personal animus against the defendant. Powell's October 21, 2001 letter undoubtedly was intended to insult, if not incense, the Commonwealth's Attorney. But, the trial court was within its discretion to accept the Commonwealth's Attorney's assurance that it had not had an 2008 effect on his professional judgment in seeking fairly and impartially to see justice done. China. Moreover, nothing in causes 2008 recession, 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 expectations, overruling Powell's motion to disqualify the Commonwealth's Attorney. D. Failure to Exclude Testimony of Kristie Reed. In his ninth assignment of error, Powell contends that the trial court erred in permitting the Commonwealth to call Kristie as a witness and to give testimony concerning Powell's rape and 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 his rape and attempted murder of of the recession 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 Current and Future Essay should more properly have been received as “victim impact testimony” during sentencing.

These arguments were not made at trial and, thus, are barred from consideration in this appeal. Rule 5:25. The Commonwealth responds that evidence of the rape and attempted murder of Kristie, including her testimony and its supporting exhibits, was admissible because those acts were interrelated parts of a common criminal plan and, thus, were relevant to prove Powell's identity, motive, and intent as the perpetrator of all the crimes committed in of the, the course of carrying out that plan. In addition, the expectations Commonwealth contends that evidence of the subsequent attack on causes of the, Kristie was probative of uk foreign aid to 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 causes of the 2008 recession other offenses is aid to china, inadmissible in a criminal prosecution, but it is a well-established exception that such evidence is admissible to show a common criminal scheme when the various acts are naturally explained as the constituent parts of the defendant's general plan.

See Satcher v. Commonwealth, 244 Va. 220, 230, 421 S.E.2d 821, 828 (1992), cert. denied, 507 U.S. 933, 113 S.Ct. 1319, 122 L.Ed.2d 705 (1993); Kirkpatrick v. Of The Recession. Commonwealth, 211 Va. 269, 272, 176 S.E.2d 802, 805 (1970); McWhorter v. Commonwealth, 191 Va. 857, 870-71, 63 S.E.2d 20, 26 (1951). In Kirkpatrick we explained that: [e]vidence of other offenses is persuasive speech on organ donations, admitted if it shows the conduct and feeling of the accused toward his victim . or if it tends to of the 2008 recession prove any relevant element of the offense charged. Such evidence is The Realt Estate Market, permissible in cases where the motive, intent or knowledge of the accused is involved, or where the evidence is connected with . the offense for causes 2008 recession which the accused is on uk foreign aid to, trial.

211 Va. at 272, 176 S.E.2d at 805; see also Satcher, 244 Va. at 230, 421 S.E.2d at 828. There can be no question that it was the causes 2008 recession Commonwealth's theory in this trial, and taking the evidence in the light favorable to Slavery Essay the Commonwealth it is an unassailable fact, that Powell went to causes of the 2008 recession the Reed home with the intention of raping and killing both Stacey and Kristie. As such, the evidence of Human Current Essay Powell's rape and attempted murder of Kristie was directly probative of of the recession his motive and intent in the attempted rape and murder of Stacey. Moreover, Kristie's eyewitness testimony placing Powell in the home when she arrived and biddy identifying him as her assailant was critical to establishing Powell's identity as the causes 2008 recession perpetrator of the expectations crimes that preceded the criminal acts committed against her. Powell's contention that the graphic and causes 2008 recession emotional testimony of the victim of a brutal rape and attempted murder should have been excluded because its probative value was outweighed by the prejudice it would cause in the minds of the jury is equally without merit.

All evidence tending to prove guilt is prejudicial to an accused, but the mere fact that such evidence is uk foreign, 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 causes 2008 recession exclusion on the ground that it would be unduly prejudicial. In any case, determination of the issue is persuasive, committed to the sound discretion of the 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). Of The Recession. Accordingly, we hold that the trial court did not err in persuasive speech donations, failing to grant Powell's pre-trial motion to exclude the testimony of of the 2008 Kristie Reed from the guilt determination phase of the trial.

E. Failure to Suppress Powell's Statements to Police. In his twelfth assignment of error, Powell contends that “[t]he trial court erred in not suppressing Powell's statements to police.” Although he uses the plural term “statements” in the assignment of error and great expectations makes references to 2008 the ability of an persuasive speech on organ accused to revoke a prior waiver of his right to remain silent, Powell does not expressly restate the contention made in the trial court that statements made during the initial investigation prior to his first trial should have been suppressed because at the conclusion of his first interview he stated that he had nothing more to say. Because Powell has not expressly raised this issue on brief or during oral argument, it has been waived and we will not address it. Burns, 261 Va. at 318, 541 S.E.2d at 880. Powell does assert that the trial court erred in not suppressing the statement concerning Powell's October 21, 2001 letter that he made on November 2, 2001 while in prison to an investigator. Powell contends that because he was still represented by counsel from his first trial, the of the 2008 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 which Powell would be indicted as a result of the evidence in his October 21, 2001 letter. Moreover, as Powell executed a waiver of his Fifth Amendment rights immediately prior to giving the November 2, 2001 statement, the Commonwealth contends that the statement was properly admitted. We agree with the 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 aid to, 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. Recession. 433, 437, 570 S.E.2d 801, 803 (2002). We have already determined that the crime for biddy great expectations which Powell was tried and causes of the recession convicted in the present case was a separate offense from those for which he had been previously convicted. Great. 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 causes recession his prior trial present during that interview. Eaton v. Commonwealth, 240 Va.

236, 252, 397 S.E.2d 385, 394 (1990), cert. Great. 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 of the 2008 the time of the interview, we hold that the uk foreign aid to trial court did not err in failing to suppress Powell's statement. F. Limiting Voir Dire and Failure to Strike Jury Panel.

In his fourth assignment of of the 2008 recession error, Powell contends that the trial court erred in not permitting him to question prospective jurors about whether knowledge of Powell's prior conviction for capital murder and its subsequent reversal on appeal would influence their opinion as to his guilt. Powell concedes that a prospective juror with knowledge of a defendant's prior conviction is on organ, subject to disqualification on that ground. Barker, 230 Va. at causes of the 375, 337 S.E.2d at 733. But see Patton v. Yount, 467 U.S. Resource Challenges: Essay. 1025, 1035, 104 S.Ct. Causes 2008. 2885, 81 L.Ed.2d 847 (1984) (refusing to persuasive donations grant a new trial where several jurors had pretrial knowledge of the defendant's prior conviction for the same crime). Causes Of The 2008 Recession. Powell contends, however, that in his case the jury would ultimately learn of his prior conviction during the trial and, thus, asserts that he should have been able to question jurors on the effect this evidence would have on Help Wanted Essays, them. The purpose of voir dire is causes of the recession, “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. How's The Realt In San Diego, California Essay. 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 2008 recession the disclosure of the statutory factors of relationship, interest, opinion, or prejudice, it must be permitted. LeVasseur v. Commonwealth, 225 Va. 564, 581, 304 S.E.2d 644, 653 (1983), cert. denied, 464 U.S. 1063, 104 S.Ct.

744, 79 L.Ed.2d 202 (1984) The question that Powell attempted to Television: Help Wanted Essays ask the first panel of the venire was not one that “would necessarily disclose, or clearly lead to causes 2008 the disclosure of the statutory factors of relationship, interest, opinion, or prejudice” of the prospective jurors. The panel had already indicted that they had no prior knowledge of the case and had not formed an opinion as to Powell's guilt or innocence. Powell's question would not have revealed any preexisting opinion or bias with respect to his case, but would instead have served to test the jurors' potential response to the evidence that he expected the 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 the evidence that would be adduced at trial concerning his prior conviction. In his eighth assignment of error, Powell contends that, having denied him the opportunity to question the potential jurors on this point, the trial court should have disqualified for cause the five members of the uk foreign aid to first panel because his attempt to question them provided them with knowledge that he had been previously convicted for the capital murder of Stacey Reed.

Thus, he contends that these jurors were subject to automatic exclusion under Barker. Even if we were to agree that Powell's curtailed question provided the five prospective jurors with sufficient information to raise the concern for potential prejudice that the jurors' full knowledge of the of the 2008 defendant's prior conviction raised in Barker, that circumstance arose here through Powell's own conduct during the persuasive speech on organ donations 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 2008 potential for creating bias against his client, but apparently deemed this risk acceptable in How's in San Diego,, order to seek the strategic advantage of being able to test the jurors' potential response to the evidence concerning that conviction during the trial. Counsel further recognized the 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 recession 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. Persuasive On Organ Donations. 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 reprobate-to invite error . and then to take advantage of the situation created by his own wrong.” Fisher v. Commonwealth, 236 Va. 403, 417, 374 S.E.2d 46, 54 (1988), cert. denied, 490 U.S. 1028, 109 S.Ct. 1766, 104 L.Ed.2d 201 (1989). Accordingly, we hold that the trial court did not err in causes 2008, refusing to strike the members of the first voir dire panel for Human Challenges: Essay cause under the particular circumstances created by Powell in this case.

G. Causes Of The 2008. Failure to Strike the Evidence. In his fifth assignment of error, Powell contends that the trial court erred in failing to Estate in San Diego, California 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 of the 2008 having attempted to great expectations rape Stacey. Thus, Powell contends that the evidence at best would have supported a conviction for first degree murder. We disagree. Although the 2008 recession Commonwealth may not establish an essential element of a crime by Television: Wanted the uncorroborated confession of the accused alone, “ ‘only slight corroborative evidence’ ” is necessary to show the veracity of the confession. Williams v. Commonwealth, 234 Va. 168, 175, 360 S.E.2d 361, 366 (1987) (quoting Clozza v. Commonwealth, 228 Va. 124, 133, 321 S.E.2d 273, 279 (1984), cert. denied, 469 U.S.

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

796, 142 L.Ed.2d 658 (1999). Contrary to Wanted Powell's contention that there is not even “slight” corroborative evidence to support the reliability of his confession, the forensic evidence and of the 2008 direct testimony are consistent with and substantiate Powell's version of “the rest of what happened” in every relevant respect. Great. Powell's going to of the recession the home armed when he knew Stacey would be there alone, Stacey's defensive wounds, the Slavery evidence that her pants' zipper was slightly undone, the causes of the recession subsequent rape of Kristie, and Powell's later concession that he raped Kristie because he “didn't get any with Stacey” all corroborate his confession to the attempted rape of Stacey in expectations, the October 21, 2001 letter. Accordingly, we hold that the trial court did not err in overruling Powell's motion to strike the evidence as to capital murder premised on the attempted rape of Stacey. H. Mandatory Sentence Review In his first and second assignments of error, Powell contends that the jury imposed the sentence of death under the influence of passion, prejudice, or some other arbitrary factor and that the 2008 sentence of death is disproportionate to biddy great expectations the penalty imposed in other cases considering both the crime and the defendant. Of The Recession. As noted above, these two assignments of error parallel the Television: Wanted Essays mandatory review of every death sentence this Court conducts pursuant to causes of the recession Code § 17.1-313(C).

Accordingly, we will combine the mandatory review of Powell's death sentence with our discussion of the issues raised by Powell in his assignments of error. Powell contends that “[t]he sensational nature of [Kristie Reed's] testimony virtually assured [Powell] would receive a sentence of death.” This is so, he asserts, because “the graphic and persuasive 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 recession Kristie was relevant and admissible during the guilt determination phase of the trial. Similarly, Powell's rape and attempted murder of Kristie was relevant for the jury's consideration of his future dangerousness during the penalty determination phase of the Human Resource and Future Issues Essay trial. Accordingly, Powell's assertion that the jury was influenced by “irrelevant” evidence is causes of the 2008 recession, without merit. However, while graphic evidence of a violent crime is admissible in the guilt determination phase of a capital murder trial, we will also consider the potential impact such evidence may have had on Television: Help Essays, the jury's decision to impose the death sentence during the penalty determination phase. The brutal rape and attempted murder of 2008 recession a thirteen-year-old child are undoubtedly among the most abhorrent crimes that can be placed in evidence before a jury contemplating whether to impose a sentence of death upon a defendant.

Nonetheless, the mere fact that the jury is presented with such evidence does not raise a presumption that the Television: Help Wanted jury will be unable to set aside its natural emotions and fairly consider all the causes 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 biddy great expectations 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 of the recession life imprisonment and a fine but which did not expressly parallel the trial court's sentencing instructions by stating that this form was to be used if the jury found that neither aggravating factor had been proven beyond a reasonable doubt. He asserts that this alleged error requires that this Court set aside the death sentence. Powell concedes that he did not raise this issue at trial, but nonetheless contends that it is Challenges: and Future Issues Essay, proper for this Court to consider his argument as part of the mandatory review of his sentence, apparently contending that an erroneous verdict form would constitute an “arbitrary factor” that would influence the jury's sentencing decision. Our review of the record in this case does not disclose that the causes 2008 jury failed to give fair consideration to all the evidence both in favor and in mitigation of the speech on organ donations death sentence. Moreover, the jury was properly instructed upon the sentences available and the basis for imposing them and the record supports the 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 causes 2008 recession jury, or the trial court in reviewing the 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 passion, prejudice and arbitrary factor aspect of 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 speech on organ 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 improper influence on causes 2008 recession, the jury, we have previously rejected the contention that the “arbitrary factor” language of Code § 17.1-313(C)(1) permits a defendant to raise as a separate issue on appeal an issue barred by the failure to make a proper objection in great expectations, the trial court by contending that the error influenced the causes of the recession jury's sentencing decision. See Quintana v. Wanted Essays. Commonwealth, 224 Va. 127, 148 n. 6, 152 n. 7, 295 S.E.2d 643, 653 n. 6, 656 n. 2008 Recession. 7 (1982) (rejecting assertion in dissenting opinion that mandatory review permitted challenge to form of jury verdict to be raised for the first time on Resource Challenges: Current Issues Essay, appeal). Accordingly, while Powell is not precluded from arguing that the alleged error in causes 2008 recession, the life sentence verdict form improperly influenced the jury's sentencing decision as a basis for 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 Television: Wanted justice” exception of Rule 5:25 would permit us to consider the alleged error in the life sentence verdict form as a basis for reversing his death sentence and ordering a new sentencing proceeding. However, as Powell cannot argue for reversal of his death sentence under the assignment of error paralleling the mandatory review of that sentence and failed to make this issue the subject of a separate assignment of error, the issue is not properly before us.

Rule 5:17. Accordingly, we will not address this issue as a basis for reversing the sentence of death and causes 2008 remanding for speech a new sentencing proceeding. Powell contends that the death sentenced imposed upon causes 2008 him is excessive or disproportionate when compared to expectations similar cases considering both the crime and the defendant. Powell's sole contention is that his history of mental health problems and his failure to causes of the recession receive adequate treatment when in state custody as a juvenile militates against biddy the appropriateness of the death penalty in his case. We disagree. Code § 19.2-264.4(B) lists as a mitigating factor the fact that “the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was significantly impaired.” The psychologist called by Powell did not offer a specific diagnosis of Powell's mental health problems, merely classifying them generally as suggesting an anti-social personality disorder and “a mood disorder, primarily depressive in nature . characterized by irritability, short temper and so forth.” The psychologist did not testify that Powell lacked the ability to appreciate the causes of the recession criminality of his conduct or that his condition significantly impaired his ability to great conform his conduct to the requirements of the law. The jury heard this testimony concerning Powell's mental health problems, and of the 2008 recession we must assume that the china jury followed the trial court's instruction to consider evidence presented in mitigation. The jury clearly concluded that Powell's history of causes mental health problems did not mitigate his offense. Biddy Great Expectations. See Swann v. Commonwealth, 247 Va. 222, 238-39, 441 S.E.2d 195, 206-07, cert. denied, 513 U.S. 889, 115 S.Ct.

234, 130 L.Ed.2d 158 (1994) (death sentence imposed despite “history of mental health hospitalization and treatment”); Hoke v. Commonwealth, 237 Va. 303, 313, 377 S.E.2d 595, 601, cert. denied, 491 U.S. 910, 109 S.Ct. 3201, 105 L.Ed.2d 709 (1989) (death sentence imposed despite evidence of causes of the 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 Powell's contention that his history of mental health problems should preclude the imposition of a death sentence in his case, we are required by Code § 17.1-313(C)(2) to conduct a comparative review of the death sentence imposed in this case with other capital murder cases, including those where a life sentence was imposed. “The purpose of our comparative review is to reach a reasoned judgment regarding what cases justify the imposition of the death penalty.” Orbe v. Commonwealth, 258 Va. 390, 405, 519 S.E.2d 808, 817 (1999), cert. denied, 529 U.S. Slavery Movement. 1113, 120 S.Ct.

1970, 146 L.Ed.2d 800 (2000). In conducting this statutorily mandated review in this case, we have focused on cases in which the 2008 victim was murdered during the commission of rape or attempted rape, and in which the great sentence of causes of the 2008 death was imposed based on findings of both future dangerousness and 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. 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. Aid To. denied, 482 U.S.

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

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

We have also considered cases in which defendants received life sentences, rather than the death penalty, for Television: Help Wanted capital murder during the commission of rape or attempted rape. See, e.g., Horne v. Recession. Commonwealth, 230 Va. 512, 339 S.E.2d 186 (1986); Keil v. Commonwealth, 222 Va. 99, 278 S.E.2d 826 (1981). Considering all the factors revealed by the record, both those favoring imposition of the Television: Wanted death sentence and those in mitigation against it, we hold that the sentence is neither excessive nor disproportionate to the penalties imposed by other sentencing bodies in 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 trial court. Powell v. Warden of recession Sussex I State Prison , 634 S.E.2d 289 (Va. Uk Foreign China. 2006) (State Habeas). Background: Following affirmance of his conviction of of the recession capital murder and sentence of death, 267 Va.

107, 590 S.E.2d 537, defendant filed petition for writ of habeas corpus. The Supreme Court entered order rejecting all of aid to defendant's habeas corpus claims. Causes Of The Recession. Defendant filed a petition for rehearing. Holding: On grant of Movement Essay petition for of the 2008 rehearing, the 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. Television: Wanted. Petition dismissed. OPINION BY Chief Justice LEROY R. HASSELL, SR. In this habeas corpus proceeding, we consider whether petitioner, who was convicted of capital murder for the killing of Stacey Lynn Reed during the 2008 recession commission of or subsequent to an attempted rape in violation of Code § 18.2-31(5), suffered prejudice within the meaning of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) because his trial counsel failed to object to the admission in evidence of Television: Help Essays a form that contained an inaccuracy regarding petitioner's criminal history. In September 2000, Paul Warner Powell was sentenced to death for the capital murder of Stacey Lynn Reed.

On direct appeal, this Court reversed the conviction and remanded the case to the circuit court for of the 2008 recession a new trial on a charge no greater than first-degree murder for the killing of How's Diego, Stacey Reed, if the recession Commonwealth be so advised. Persuasive. Powell v. Commonwealth, 261 Va. 512, 552 S.E.2d 344 (2001). After the of the recession 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 Human Resource Challenges: and Future Issues Essay the Commonwealth. The Commonwealth then nolle prossed the indictment in the remanded case. Of The 2008. A grand jury for Prince William County subsequently indicted Powell for the capital murder of Stacey Reed during the aid to china commission of or subsequent to an attempted rape. Powell was tried by a jury that convicted him of capital murder and fixed his punishment at death. The circuit court entered a judgment confirming the jury's verdict and we affirmed that judgment. Powell v. Commonwealth, 267 Va. 107, 590 S.E.2d 537 (2004).

Subsequently, Powell filed a petition for habeas corpus in this Court alleging numerous claims, including ineffective assistance of counsel. During the causes 2008 sentencing hearing, the Commonwealth introduced in biddy great expectations, evidence, without objection, Exhibit 51 that is attached to this opinion. Exhibit 51, captioned Powell's “Virginia Criminal Record,” consists of five pages and of the 2008 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 and the Movement 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. 8, 2005). Powell filed a petition for rehearing and causes 2008 requested that this Court reconsider its order dismissing his habeas claims, including his claim that he was denied effective assistance of uk foreign aid to counsel because of counsel's failure to causes 2008 object to an erroneous entry on page three of uk foreign Exhibit 51. This Court granted Powell a rehearing limited to of the 2008 recession that one claim, and we placed this matter on biddy expectations, our argument docket.

III. The following facts were presented to the jury that found Powell guilty of capital murder and fixed his punishment at 2008 recession death. In January 1999, Robert Culver and his fiance, Lorraine Reed, lived together in Manassas, Virginia, with Reed's two daughters, Stacey Lynn Reed and Kristie Erin Reed. Challenges: Current And Future Essay. On January 28, 1999, Powell went to the Reeds' home. 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 of the recession informed her that Powell refused to leave the uk foreign home. Kristie's mother told Kristie to causes of the 2008 order Powell to leave.

Kristie was concerned because Powell “kept walking back and china forth down the hallway looking in the rooms.” On the afternoon of January 29, 1999, Kristie arrived home from school and was startled to find Powell in her house. She asked Powell “where Stacey was.” He replied, “she was in her room.” Kristie walked to Stacey's room, but Stacey was not there. Then, Kristie turned to enter her own room and saw Stacey's body lying on the floor. Powell, who had followed Kristie to the bedroom, ordered Kristie to 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 accompany him to the basement, where he ordered her to remove her clothes. 2008. 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 persuasive on organ donations Powell went upstairs, leaving Kristie naked and bound on the basement floor. While Powell was upstairs, Kristie was able to free her hands, and she tried to “scoot” across the floor and hide beneath the basement steps.

Powell returned to the basement, removed Kristie's eyeglasses, and strangled her until she was unconscious. Powell stabbed Kristie in the stomach, and the knife stopped within a centimeter of of the 2008 recession her aorta. He slashed her in biddy great, her neck numerous times, and the repair of the knife wounds required 61 sutures. She had multiple stab wounds to her neck and abdomen. She also had wounds on 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 the girls' bedrooms and saw that Stacey's room was in disarray. Causes Of The Recession. He entered Kristie's room, turned on the lights, and found Stacey's body on the floor.

He observed blood on her body and saw that she was not breathing. When Culver went to persuasive speech the basement in search of a telephone, he discovered Kristie lying naked and bound on the floor, bleeding from her neck and stomach. He saw that she had been stabbed in the stomach and her “throat was slit pretty severely, many times.” Culver found a telephone, dialed 911, and spoke to emergency response personnel. 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 causes 2008 a stab wound to her chest. The wound pattern indicated that the uk foreign aid to blade of the knife pierced her heart and was twisted upon withdrawal. The blade of Powell's knife was consistent with the stab wounds. There were numerous bruises on Stacey's head, neck, chest, abdomen, back, arms, and legs. She suffered stab wounds in her back and arm.

She also had abrasions on her left hand and of the 2008 wrist that were characterized as defensive wounds. Biddy Great. Stacey's body contained bruises on her lower neck that were consistent with someone stepping or stomping on her face and causes of the 2008 neck. Police officers arrested Powell on January 30, 1999 at the home of a friend. The police officers also located a blue sports bag that belonged to Powell. China. 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 causes of the a butterfly knife with a five-inch blade. The survival knife sheath contained a dark reddish-brown stain. Speech On Organ Donations. The DNA profile obtained from the stain on the sheath was consistent with the causes recession DNA profile of great Stacey Reed and causes 2008 recession different from the DNA profile of Kristie Reed and The Realt Estate Market in San Diego, 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 that Stacey was dead because “she was stupid.” Powell told the police officers that he and Stacey had an argument because she had a black boyfriend, and Powell “didn't agree with interracial dating.” 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 his knife. Powell also initially denied raping Kristie. In a second statement to police officers, Powell admitted that he raped Kristie. The detective who interviewed Powell testified that Powell stated that he had to kill Kristie because “she was the only witness and he would have to 2008 recession go to jail.” The jury was also informed that after this Court's decision in Powell's first appeal, Powell wrote two letters to the Commonwealth's Attorney of Prince William County, Paul Ebert.

Below is the 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 Market Diego, California what happened on Jan. 29, 1999, to show you how stupid all of y'all mother fuckers are. “Y'all should have known that there is causes of the 2008 recession, 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 carried on aid to china, like usual, so I could've stabbed her up at 2008 any time because she was unsuspecting. “I had other plans for Resource 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 causes recession cab came to biddy expectations bring me my pager, I ran out of the causes of the 2008 recession house and she jumped and got off the phone and came off the porch to How's The Realt California 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 of the she went to her room and got her clothes and went downstairs to do her laundry. Speech On Organ. When she went downstairs, I got up and shut and of the 2008 recession locked the back door and uk foreign china 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 causes 2008 recession 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. When we got upstairs we went to her room and she turned the radio off. After she turned the radio off I pushed her onto her bed and grabbed her wrists and pinned her hands down by her head and sat on top of her. I told her that all I wanted to do was fuck her and then I would leave and that we could do it the easy way or the hard way.

“She said she would fuck me so I got up. After I got up, she got up and started fighting with me and The Realt Diego, Essay clawed me face. We wrestled around a little and causes 2008 recession then I slammed her to the floor. When she hit the Slavery and the Anti-slavery Movement Essay floor I sat on top of her and pinned her hands down again. She said she would fuck me and of the 2008 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 great all I kept saying is take your clothes off. Finally she undid her pants and pulled them down to her ankles. Causes Of The 2008. 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 Challenges: Current Issues Essay answer the causes 2008 phone. I pushed her back and said no.

She said that she wouldn't say anything about me being there and I told her no and to take her clothes off. “She tried to get out of the room again and I pushed her back and pulled out and the Anti-slavery Movement 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 of the recession, her face. “When I pulled the Human and Future Essay knife out she stumbled a couple steps and fell in her sister's room. Causes. I walked over and looked at her. Persuasive On Organ. 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 causes of the 2008 got some iced tea and sat on the couch and smoked a cigarette. Uk Foreign. You know the rest of what happened after that point. “I would like to thank you for saving my life. Causes 2008. 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 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 speech donations 8023 McLean St. on Jan. 29, 1999. “I guess I forgot to mention these events when I was being questioned. Ha Ha!

Sike! “I knew what y'all would be able to prove in causes recession, court, so I told you what you already knew. Stacey was dead and Slavery and the Anti-slavery no one else was in the house so I knew ya'll would never know everything she went through unless she came back to causes of the life. “Since the How's Estate Market Diego, California 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. 2008 Recession. 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. Aid To China. Tell the causes 2008 recession family to persuasive donations be ready to 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 fuckin' up and causes saving me?

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 How's The Realt in San California Essay she looked at me you know. Causes Of The Recession. I guess she thought I wouldn't stab her or whatever. So she tried to leave and How's The Realt Estate California Essay go to of the recession answer the phone. That's that. . “[After she got stabbed,] [s] he just looked at me for a minute you know and then you know, she . 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 persuasive donations her and causes 2008 stepped on her throat and then stood on her throat and Challenges: Current Issues Essay then stomped on her throat . then I stood on her throat until I didn't see her breathing no more. “What I'm saying I was stepping on her. I'm saying I put all my weight on her.

I'm saying that I put my foot there you know and causes of the 2008 recession then I lifted myself up to where I was standing on top of her. 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 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 Resource and Future Issues, jail awaiting his capital murder trial, Powell sent a letter to causes 2008 recession Lorraine Reed, the mother of The Realt Estate California Essay Stacey and Kristie. Powell enclosed a photograph of causes recession 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 person too, so I was wondering if you could tell me the name of the person this picture resembles so I can quit racking my brain trying to think of it? I would appreciate it. If you don't know the person I'm talking about, ask Kristie or Kelly Welch because I know they know who I'm thinking of.

If you talk to the person I'm talking about, please give her my address and tell her to write me.” The partially nude woman shown in the photograph resembled Lorraine Reed's daughter, Stacey. Powell wrote a letter to a friend while he was incarcerated. He stated: “About when you asked me why I wouldn't do to you what I did to Stacie, I couldn't ever hurt you because you mean to much to Wanted me. 2008 Recession. See Stacie didn't mean anything to speech me. She was a nigger lover and some of her wannabe skin head friends were supposed to causes recession 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 fuck Kristie. What was supposed to biddy great happen was, Stacie was supposed to die, and causes of the 2008 did, Kristie was supposed to How's Market Diego, California Essay 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 do it.

I don't know what happened to make me finally do it. I feel bad for causes of the 2008 recession 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 How's The Realt Diego, California 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 go to a pay phone and causes recession call Kristie and tell her she better tell the cops that she lied to them and Television: Help Wanted 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: “What's up you fat head fucker? I'm just writing to tell you, since you want to kill me so Goddamn bad for causes recession 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 biddy great expectations get it over with, unless you want to let me out of the 2008 recession so I can kill the rest of the nigger lovers and all the niggers, Jews, Spics and everybody else in this fucked up country that's not white. Persuasive Speech Donations. That includes you because you are a nigger loving Jewish fucking faggot. I will see you in hell bitch. “P.S. Causes Recession. 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, “[e]verybody that ain't white shouldn't-he needs to die.” Powell had told a police officer that he wanted to purchase a gun to “[k]ill somebody. Kill a lot of somebodies . [j]ust for something to do.” The jury was aware of Powell's criminal record, including three convictions for Challenges: Issues Essay contributing to recession the delinquency of persuasive on organ a minor, two larceny convictions, and causes of the three felony convictions for persuasive 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 the admission of the NCIC form that contained an incorrect entry that Powell had a prior conviction for capital murder. The United States Supreme Court, in 2008, 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 aid to, 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 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 of the 2008 ‘counsel’ guaranteed the defendant by the Sixth Amendment. Second, the uk foreign china defendant must show that the causes deficient performance prejudiced the defense.

This requires showing that counsel's errors were so serious as to deprive the uk foreign aid to defendant of a fair trial, a trial whose result is reliable. Of The Recession. 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. Biddy Expectations. Accord Wiggins v. Smith, 539 U.S.

510, 534, 123 S.Ct. Causes. 2527, 156 L.Ed.2d 471 (2003); Lockhart v. Human Challenges: Issues. Fretwell, 506 U.S. 364, 369-70, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993); Lenz v. Washington, 444 F.3d 295, 302-03 (4th Cir.2006); Hedrick v. True, 443 F.3d 342, 349 (4th Cir.2006); Vinson v. True, 436 F.3d 412, 418 (4th Cir.2005). Explaining the two-part test enunciated in Strickland, the Supreme Court noted: “An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the of the recession 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 biddy great counsel is to ensure that a defendant has the assistance necessary to justify reliance on the outcome of the proceeding. Accordingly, any deficiencies in counsel's performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Strickland, 466 U.S. at 691-92, 104 S.Ct. 2052. As the 2008 recession 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 Estate California, prejudice to him.

The Supreme Court stated in Strickland: “[A]ctual ineffectiveness claims alleging a deficiency in attorney performance are subject to a general requirement that the defendant affirmatively prove prejudice. Even if a defendant shows that particular errors of 2008 counsel were unreasonable, therefore, the defendant must show that they actually had an adverse effect on the defense.” Id. at 693, 104 S.Ct. 2052. The Supreme Court has also held that “a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies. If it is easier to dispose of an biddy great expectations ineffectiveness claim on the ground of lack of 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. 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 causes 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. Wanted Essays. 2039]”). Of The. The United States Supreme Court held that a defect is presumptively prejudicial if (1) there has been a “complete denial of counsel” at Human Resource Current and Future Issues Essay “a critical stage” of the proceedings, Cronic, 466 U.S. at recession 659, 662, 104 S.Ct. 2039; or (2) “counsel entirely fails to subject the prosecution's case to meaningful adversarial testing,” id. at persuasive speech 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 causes recession 659-62, 104 S.Ct. Help Essays. 2039.

Bell, 535 U.S. at 695-96, 122 S.Ct. 1843. The admission of the erroneous NCIC entry does not fall into one of these enumerated categories of error when prejudice is so likely to result that it will be presumed. Accordingly, this Court must apply the causes recession Strickland test to How's Estate in San 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 of the recession death and in Strickland, the Human Resource and Future Issues 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 result of the proceeding would have been different. Causes 2008 Recession. A reasonable probability is uk foreign aid to china, a probability sufficient to undermine confidence in the outcome. . “When a defendant challenges a death sentence such as the one at issue in this case, the question is of the recession, whether there is a reasonable probability that, absent the errors, the sentencer-including an appellate court, to 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 Television: Essays ineffectiveness claim must consider the totality of the evidence before the judge or jury. Some of the causes 2008 factual findings will have been unaffected by the errors, and factual findings that were affected will have been affected in different ways. Some errors will have had a pervasive effect on Human Challenges: Issues, the inferences to of the 2008 be drawn from the uk foreign aid to china evidence, altering the entire evidentiary picture, and some will have had an isolated, trivial effect. Moreover, a verdict or conclusion only causes recession, 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 How's in San Essay effect of the errors on the remaining findings, a court making the prejudice inquiry must ask if the defendant has met the burden of showing that the 2008 decision reached would reasonably likely have been different absent the errors.”

Id. at 694-96, 104 S.Ct. 2052.The Supreme Court stated in Kimmelman v. Morrison, 477 U.S. Slavery And The Movement. 365, 382, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986): “As is obvious, Strickland's standard, although by no means insurmountable, is highly demanding.” Accord Fitzgerald v. Thompson, 943 F.2d 463, 468 (4th Cir.1991). As the Supreme Court directed in causes 2008 recession, 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 form, which is biddy great, attached to this opinion, reveals that each entry on the form contains information about a particular criminal charge. Each entry contains the name and date of the offense charged with the statutory reference, an arrest date, the jurisdiction where the offense was charged, the causes of the resulting conviction if any, a date of uk foreign aid to china disposition, and 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 form that incorrectly stated that Powell was convicted of capital murder. Causes Recession. 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 Resource Challenges: 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 causes 2008 recession 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 Human Current Issues Essay, 2001 along with the three felony convictions that is; rape, abduction with intent to defile and attempted capital murder involving Kristie.” The Commonwealth's Attorney did not include the erroneous capital murder entry on the NCIC form when he summarized these crimes. Instead, he correctly related that Powell had been convicted of attempted capital murder of causes 2008 Kristie. No one, neither the Slavery and the Anti-slavery Movement Essay Commonwealth's Attorney nor Powell's trial counsel, ever mentioned or suggested to the jury that Powell was convicted of a second unrelated capital murder charge. Causes 2008. In fact, various statements made by Powell's trial counsel and the Commonwealth's Attorney informed the jury that Powell had never been convicted of an Television: Wanted unrelated capital murder charge. For example, Powell's trial counsel told the jury that Powell had been convicted of capital murder only “one time.” None of the of the recession 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 Help date of Powell's arrest and recession “01/29/1999” was the Diego, date Powell committed the crimes against Stacey and Kristie Reed.

The erroneous entry refers to “Prince William Co.” and the jury knew that Prince William County was the location of Powell's crimes against Stacey and Kristie. Thus, it is clear that the erroneous entry on the NCIC form referred to Powell's attempted capital murder conviction concerning Kristie. Upon our review of the totality of the of the evidence that the jury considered, “[t]aking the unaffected findings as a given, and taking due account of the effect of the errors on the remaining findings,” Strickland, 466 U.S. at 696, 104 S.Ct. 2052, we conclude that Powell has failed to Television: demonstrate a reasonable probability that the result of the capital murder trial would have been different and causes recession hence he has not suffered prejudice as required by the highly demanding standard that the Supreme Court established in Strickland.FN* Contrary to the Supreme Court's instructions in Strickland, the dissent focuses solely upon the improperly admitted evidence and uk foreign aid to 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 engaged in “speculation” by considering the causes weight of the Commonwealth's evidence against Powell. However, in order to perform the review mandated by Strickland, we must weigh the evidence to Movement Essay determine whether there is a reasonable probability that the recession error affected the outcome of the proceedings. Wiggins, 539 U.S. at 534, 123 S.Ct. 2527; Yarbrough v. Help Wanted. Warden, 269 Va. 184, 197-202, 609 S.E.2d 30, 38-40 (2005); Lovitt v. Warden, 266 Va. Causes 2008 Recession. 216, 250-57, 585 S.E.2d 801, 821-26 (2003).

Code § 19.2-264.2 prescribes the conditions that must be satisfied before a jury can impose the sentence of death in Virginia: “In assessing the aid to penalty of any person convicted of an offense for causes of the 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 defendant, find that there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing serious threat to society or that his conduct in committing the offense for which he stands charged was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind or an aggravated battery to Human Resource Current Essay the victim; and (2) recommend that the of the 2008 recession penalty of death be imposed.” The jury that imposed the sentence of death upon Powell concluded: “We, the jury, on the issue joined, having found the defendant, PAUL WARNER POWEL [sic], guilty of How's Diego, California capital murder in causes, that he did willfully, deliberately, and premeditatively kill and murder one Stacey Lynn Reed, and, having found unanimously and beyond a reasonable doubt after consideration of Television: Help Wanted Essays his history and background that there is a probability that he would commit criminal acts of violence that would constitute a continuing serious threat to society and having found unanimously and 2008 beyond a reasonable doubt that his conduct in committing the offense was outrageously or wantonly vile, horrible or inhuman in Human Resource Challenges: Essay, that it involved . [d]epravity of mind . [a]ggravated battery to the victim beyond the minimum necessary to accomplish the act of murder [a]nd having considered all the evidence in causes of the 2008, 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 Television: house. He returned the next day and tried to rape Stacey, who struggled with him. He stabbed her in of the recession, the heart, twisted the knife, and Human Resource Challenges: Issues reinserted the knife in her heart. Causes Of The 2008 Recession. He stomped upon speech on organ donations her throat and he placed the recession entire weight of his body on her throat until she died. Next, he drank a glass of iced tea, smoked a cigarette, and Estate Market Diego, 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 causes 2008 recession, the floor.

He then tied her hands and feet while she was naked, choked her until she was unconscious, stabbed her in expectations, 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 of the, that it involved . Persuasive Speech On Organ. [d]epravity of mind [and] . [a]ggravated battery to causes 2008 recession the victim beyond the minimum necessary to persuasive donations accomplish the act of murder” is untainted by the admission of the NCIC report and amply supported. The jury's consideration of Powell's past criminal offenses is related to the issue of future dangerousness but has nothing to do with vileness of the act which serves as the causes basis of the capital offense. The instruction given to the jury on this issue and the verdict form confirm that the jury was instructed to consider the defendant's criminal history only with regard to 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 Human Challenges: Current Issues violence that would constitute a continuing serious threat to society; or. “2. Of The. That his conduct in aid to china, committing the offense was outrageously or wantonly vile, horrible or inhuman, in that it involved torture, depravity of mind or aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder.” Both the instruction and the verdict form were given without objection and became the law of the case. Causes Of The 2008. Spencer v. Commonwealth, 240 Va. 78, 89, 393 S.E.2d 609, 616 (1990). Biddy Great Expectations. 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 causes of the recession 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 deceased victim.

Powell also sought to Human Resource Essay intimidate Kristie by causes of the 2008 having another individual contact her by telephone and tell her that she would be killed if she testified against Powell. He also bragged about his desire to kill people who are non-Caucasian. As the uk foreign aid to Supreme Court instructed in Strickland, “a verdict or conclusion only weakly supported by the record is causes 2008 recession, more likely to have been affected by errors than one with overwhelming record support.” 466 U.S. at 696, 104 S.Ct. 2052. In Powell's case, there was “overwhelming record support” for the jury's sentencing decision.

The jury's finding that Powell's crime was “outrageously or wantonly vile” was wholly unaffected by 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 Human and Future Essay the erroneous entry. “Taking the causes 2008 recession unaffected findings as a given, and taking due account of the effect of the errors on Challenges: and Future Issues, the remaining findings,” we hold that Powell has not “met the burden of showing that the causes 2008 recession decision reached would reasonably likely have been different absent the errors.” Id. Upon our review of the totality of the Resource and Future Issues 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 2008 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 a new sentencing hearing. My concern is based on the incorrect evidence the jury received that Powell had been convicted of an persuasive speech on organ additional capital murder committed on the same day as the present offense, when in fact he had not committed any such other offense. Causes 2008. I cannot imagine a more prejudicial error in the admission of sentencing evidence. When a jury in this Commonwealth is asked to persuasive speech on organ donations decide whether a defendant convicted of 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 causes 2008 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 How's The Realt Estate Market in San Diego, California jury analyze the statutory aggravating factors only “after consideration of the past criminal record of 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 causes 2008 recession jury will have considered an accurate record of a defendant's criminal history before recommending that the donations 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 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. See Code §§ 19.2-264.2, -264.4; Smith v. Commonwealth, 219 Va. 455, 472, 248 S.E.2d 135, 145 (1978); see also Tuggle v. Thompson, 57 F.3d 1356, 1371 (4th Cir.), vacated on recession, other grounds by speech on organ Tuggle v. Netherland, 516 U.S. 10, 116 S.Ct. 283, 133 L.Ed.2d 251 (1995); Briley v. Bass, 750 F.2d 1238, 1241 (4th Cir.1984). The jury may impose a sentence of life imprisonment for any reason based on causes of the 2008, any mitigating circumstance, and is not required to weigh the evidence in Anti-slavery Movement, mitigation against the evidence in causes, aggravation of the crime. Great Expectations. See Swann v. Commonwealth, 247 Va. Causes Of The Recession. 222, 236-37, 441 S.E.2d 195, 205 (1994); see also Tuggle, 57 F.3d at 1362. The absence of Television: Help Wanted Essays any weighing requirement is a core concept of causes of the 2008 recession our death penalty jurisprudence, which provides the biddy expectations jury the broadest possible discretion in choosing to 2008 recommend a sentence of life imprisonment or a sentence of death. Thus, the two main arguments on 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 Help 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 causes of the life imprisonment even in the face of overwhelming evidence in uk foreign aid to, aggravation of a crime.

Nevertheless, as directed by causes of the 2008 Strickland, we must answer whether there is a reasonable probability that the uk foreign 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 a probability sufficient to undermine confidence in the outcome.” Strickland, 466 U.S. at causes of the 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. 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. Human Resource Challenges: Current And Future Essay. Jackson, 542 U.S. 649, 654, 124 S.Ct. 2736, 159 L.Ed.2d 683 (2004); Woodford v. Visciotti, 537 U.S. 19, 22, 123 S.Ct.

357, 154 L.Ed.2d 279 (2002). The Supreme Court's definition of the term “reasonable probability” underscores one of my major concerns in causes of the 2008 recession, the present case. In my view, a court cannot have confidence in great, the outcome of a death penalty determination when the court's Strickland analysis relies on speculation. Yet, here, the majority resorts to speculation in assessing the potential impact of the incorrect sentencing information. The majority opines that the jury ultimately would have been able to determine that the additional capital murder conviction shown on of the 2008, the NCIC report was an erroneous entry.

Although the majority, as skilled members of the legal profession, can easily identify this inaccuracy, the biddy majority simply speculates that the jurors had sufficient knowledge of the law to reach the same conclusion. Based on causes of the recession, the evidence presented, the and the Anti-slavery Movement Essay jurors could easily have viewed the NCIC report as proof that Powell committed a separate capital offense in Prince William County on of the, 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 and the Movement NCIC report at causes recession the time of its admission into evidence, his oral summary of Powell's crimes would likely have resolved any confusion created by the erroneous written exhibit. The majority further relies on biddy great expectations, defense counsel's comments, noting that he indicated that Powell had been convicted of one capital murder offense. The majority's reasoning, however, is flawed because it requires an 2008 recession assumption that the jury disregarded the instructions of the circuit court. In every jury trial in persuasive speech donations, this Commonwealth, the causes of the 2008 court instructs the uk foreign china jury that the statements of counsel are not evidence in the case and may not be considered as such. Yet, here, the majority's holding requires a conclusion that the jury disregarded the evidence appearing on the NCIC report in favor of the comments of recession 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 Television: Help jury viewed the NCIC report as uncontested evidence that Powell had committed another capital murder.

This incorrect information went to the very heart of the sentencing determination, namely, whether the 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 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 our death penalty statutes. When a jury has determined that a defendant should die for the commission of a heinous murder, the causes of the 2008 recession 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 persuasive speech donations only after the penalty has been determined with full and fair adherence to constitutional, statutory, and evidentiary safeguards.

Because those safeguards failed in this case when a very able prosecutor made an causes unintentional error, I would grant a writ of great expectations 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 of the 2008 capital murder and sentence of death, 267 Va. 107, 590 S.E.2d 537, petition for writ of habeas corpus was filed. The United States District Court for the Eastern District of Virginia, Thomas Selby Ellis, III, Senior District Judge, 531 F.Supp.2d 695, dismissed the petition. Petitioner appealed.

Holdings: The Court of 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 denial of his petition for a writ of habeas corpus. We granted a certificate of appealability (“COA”) on biddy, three issues: (1) whether the imposition of a death sentence is of the 2008, precluded by Human Resource Challenges: the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution; (2) whether trial counsel rendered ineffective assistance by 2008 recession failing to on organ object to of the 2008 the admission of an Human Resource Challenges: Current Issues inaccurate National Crime Information Center report; and (3) whether trial counsel rendered ineffective assistance by failing to develop and causes of the 2008 present available mitigating evidence. Human. 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 causes of the 2008 two and a half years prior to aid 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 causes recession date Stacey, who was 16 years old, but recognized that she was underage and he ‘could go to jail for that.’ ” “Powell, a self-avowed ‘racist and white supremacist,’ was aware that Stacey, who was white, was dating Sean Wilkerson, who is black. Wilkerson had recently moved to 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 Human Resource Current and Future Issues 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. Of The 2008. 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. Expectations. 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 causes of the 2008 recession Wilkerson on the telephone. After Stacey ended the telephone conversation, Powell confronted her about her relationship with Wilkerson.

He demanded that Stacey end her relationship with Wilkerson. According to Powell, he and Stacey argued, and the argument grew into a struggle. Powell drew the survival knife from uk foreign aid to his belt and Stacey ‘got stuck.’ Powell denied stabbing Stacey deliberately. Causes 2008 Recession. 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 house, got some iced tea, had a cigarette.’ Kristie arrived home from school shortly after 3 p.m. and and the was met at of the 2008 recession the door of the home by Powell. Powell told her that Stacey was in her room, but moments later Kristie discovered her sister's body in Kristie's bedroom. She dropped her schoolbooks and Slavery and the Movement Essay began to cry.

“Powell ordered Kristie to go to the basement. Kristie, who knew that Powell was usually armed, complied because she ‘didn't want to die.’ In the basement, Powell ordered Kristie to remove her clothes and to lie on the floor. Powell then raped Kristie, and she ‘begg[ed] him not to 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 of the recession 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 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. Powell then strangled Kristie with a shoelace and she lost consciousness. While she was unconscious, Powell stabbed Kristie in the abdomen and slit her wrists and throat.” “Powell returned upstairs, searching for ‘anything worth taking.’ He fixed another glass of iced tea, which he took with him when he left the Diego, California Essay 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 of the 2008 she called out his name. Culver discovered Kristie in the basement, called the Essay 911 emergency response telephone number, and began rendering first aid to her. He later discovered Stacey's body upstairs. Of The 2008. Shortly thereafter, paramedics arrived. In response to How's in San Diego, California Essay 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 her injuries. It was ultimately determined that the wounds to causes her throat and 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 china a knife wound to the heart. The medical examiner testified that there was a single entrance wound and two exit wounds indicating that the knife had been withdrawn, at causes of the recession least partially, and then reinserted into the heart. One wound path pierced the Human Challenges: and Future left ventricle and the other went through both the left and right ventricles, exiting the heart at the back of the right ventricle. “Stacey's body also exhibited a number of bruises on the head, chest, abdomen, back, arms, and legs, abrasions on the face, a stab wound to the back, and a cut and causes recession scrapes on 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 Human Challenges: and Future Issues Essay, 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 causes 2008 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 friends in which he admitted having committed the murder, rape, and attempted murder because of Stacey's relationship with a black man. He further claimed that he had planned to kill Stacey's family and Human Resource and Future steal the family's truck. Powell also wrote to of the recession 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 have sex with him after talking to Wilkerson. Powell told the inmate that he stabbed Stacey twice and that when he attempted to speech donations 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 of the 2008 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 capital murder in which the Slavery and the Movement gradation crime was the causes of the 2008 commission, or attempted commission, of Human Challenges: Current and Future Issues robbery.FN1 In 2000, Powell was convicted of the causes of the 2008 capital murder of Stacey and sentenced to death. In San Diego, Essay. In addition, Powell was convicted of the abduction, rape, and attempted capital murder of Kristie, and he was also convicted of grand larceny. On these non-capital convictions, Powell was sentenced to three terms of causes of the 2008 life imprisonment and fines totaling $200,000. Powell was acquitted of Wanted Essays robbery, attempted robbery, and causes three firearm charges. FN1. Persuasive On Organ Donations. Virginia's capital murder statute includes fifteen gradation offenses, which when accompanied with the of the “willful, deliberate, and premeditated killing” of a person, make the defendant eligible for the death penalty.

See Va.Code § 18.2-31. In June 2001, the Supreme Court of Virginia reversed Powell's capital murder conviction, holding that the aid to china trial judge erred by allowing a pretrial amendment of the capital murder indictment to recession charge two new gradation crimes that were not considered by the grand jury. See Powell I, 552 S.E.2d at 355-56. Uk Foreign Aid To China. The additional gradation crimes were the commission, or attempted commission, of rape and the commission, or attempted commission, of sodomy. Causes. The court held that including these additional counts of capital murder expanded the Television: Help nature and character of the charges against Powell in a manner not allowed by Va.Code § 19.2-231. Id. at 357.FN2. FN2. Va.Code § 19.2-231 allows the government to amend an indictment to correct a defect in the form of the of the 2008 indictment or a variance between the allegations and the evidence offered in uk foreign, 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 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 causes of the Stacey ‘during the commission of or subsequent to’ the rape of Kristie” because the persuasive speech on organ donations evidence clearly showed the rape of Kristie occurred after the causes murder of donations Stacey. Id. at 361. Causes Of The 2008 Recession. Finally, the How's The Realt Market California Essay court noted that there was no evidence of Powell having raped or attempted to rape Stacey. Causes. Id. at 363.

C. While awaiting retrial and believing that he could no longer be tried for capital murder, Powell wrote the Commonwealth's Attorney and disclosed new evidence regarding the circumstances surrounding Stacey's death. In Powell's second direct appeal, the Supreme Court of Virginia summarized the events as follows: FN3. FN3. For purposes of clarity, we have omitted any footnotes within this summary that are irrelevant to great expectations 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 2008 recession, the letter that, because he believed he could not be retried for capital murder, ‘I figured I would tell you the rest of what happened on Jan. 29, 1999, to show you how stupid all y'all . are.’ Admitting that he ‘planned to How's The Realt Estate Market in San California kill the causes of 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 Wanted, 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 . Of The 2008 Recession. sat on top of her and Help Essays pinned her hands down again.’ Powell claimed that Stacey relented ‘and I told her if she tried fighting with me again I would kill her.’ “Continuing, Powell stated that, at his direction, Stacey began to disrobe, but stopped when the telephone rang. Stacey put her clothes back on so that she could answer the telephone. Powell refused to allow Stacey to causes 2008 recession answer the china telephone and ordered her to causes of the 2008 resume disrobing. On Organ Donations. When she refused, Powell ‘pushed her back and pulled out causes of the recession [his] knife.’ When Stacey attempted to uk foreign aid to leave the 2008 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 Resource Challenges: Current and Future Essay ‘started stomping on her throat’ until he ‘didn't see her breathing anymore.’ “Armed with this new evidence, the Commonwealth elected to 2008 recession nolle prosequi the How's Estate in San Diego, Essay indictment in causes, the remanded case, under which it was limited to trying Powell for first degree murder under our mandate, and sought a new indictment against How's Essay Powell for capital murder. On December 3, 2001, the grand jury returned an indictment charging Powell with the capital murder of 2008 recession ‘Stacey Lynn Reed during the Television: Help Wanted commission of or subsequent to causes of the recession the attempted rape of Stacey Lynn Reed.’ “On April 24, 2002, Powell filed a motion to dismiss the December 3, 2001 indictment.

Powell asserted that'[w]hen the Supreme Court of Virginia issues an opinion concerning a case, this opinion becomes the law of the case' and, thus, the directive of the opinion and Human Resource Challenges: Current and Future Essay mandate from this Court in his first appeal limited his retrial to a charge no greater than first degree murder, regardless whether that trial was conducted under the original indictment or a new indictment. Of The. 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 persuasive speech, the commission or attempted commission [of] sexual assault against [Stacey Reed] because, at the time of [Powell's first] trial, no such evidence existed.’ Accordingly, the Commonwealth contended that the causes 2008 recession December 3, 2001 indictment was ‘a new charge, one that has never been litigated in trial nor considered by the Virginia Supreme Court. Following a hearing on Television: Wanted Essays, this and other pre-trial matters, the trial court overruled Powell's motion to dismiss the indictment in causes of the 2008 recession, an order dated May 6, 2002. “On May 17, 2002, Powell filed a second motion to dismiss the December 3, 2001 indictment. The import of Powell's argument was that his prior trial and the reversal of aid to china his conviction by [the Supreme Court of Virginia] acted as an ‘implied’ or ‘judicial’ acquittal of the attempted rape of Stacey, thus barring his retrial for her capital murder premised on that gradation offense. The Commonwealth responded that the issue whether Stacey had been the victim of a sexual assault was not before the jury in his first trial because the bill of particulars provided at Powell's request indicated that only Kristie was the victim of the sexual assault gradation offenses charged in the amended indictment. Similarly, the Commonwealth contended that our comments concerning the insufficiency of the evidence to prove a sexual assault or attempted sexual assault against Stacey were not directed toward any finding of the jury, but to the contrary were indicative of the fact that the jury did not consider whether Stacey had been the victim of such an assault or attempt.

“On June 5, 2002, the trial court held a hearing on causes, Powell's second motion to dismiss the uk foreign china 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 victim of 2008 recession those gradation crimes in biddy, the amended indictment for capital murder. The trial court also agreed with the Commonwealth that this Court's reference to the lack of evidence to prove any sexual assault or attempted sexual assault against Stacey was merely a comment on the record, and not an assertion that this was a theory of the case presented by the Commonwealth in Powell's first trial. Of The 2008 Recession. On July 3, 2002, the trial court entered an order overruling Powell's second motion to dismiss the Help Wanted indictment.” Powell v. Commonwealth, 267 Va. 107, 590 S.E.2d 537, 544-545 (2004) (“ Powell II ”). D. In January 2003, Powell was convicted of the capital murder of of the recession Stacey during the commission of great rape or attempted rape of Stacey and sentenced to death. Powell appealed his conviction claiming, inter alia, that the causes 2008 recession second indictment should have been dismissed on various grounds, including the Double Jeopardy Clause. In Powell II, the Supreme Court of Market Diego, Virginia rejected Powell's claims and affirmed his conviction. Powell next challenged his conviction and sentence in collateral state proceedings. Of The 2008 Recession. See Powell v. Resource And Future Issues. Warden of Sussex I State Prison, No. 042716, 2005 WL 2980756 (Va.2005) (“ Powell III ”).

Powell raised numerous claims that the state supreme court found were procedurally defaulted, including an allegation that the Commonwealth violated his right against double jeopardy by trying him twice for the same offense. Among the new claims Powell asserted was an objection to causes of the 2008 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 failing to investigate and present compelling mitigating evidence. The Supreme Court of Virginia denied relief on all grounds. Subsequently, the state supreme court granted rehearing on the question of whether counsel was ineffective in the sentencing phase for and the Movement Essay failing to object to the NCIC report. Of The. See Powell v. Warden of Help 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. Causes 2008. Id. Thereafter, Powell filed a petition for a writ of habeas corpus in federal district court.

See 28 U.S.C.A. How's Market. § 2254. Powell asserted nine claims for relief. Recession. See Powell v. Television: Help Essays. Kelly, 531 F.Supp.2d 695, 705 (E.D.Va.2008) (“ Powell V ”). On the Commonwealth's motion, the district court dismissed Powell's petition. As noted, we granted a COA on three issues: (1) whether the imposition of a death sentence is precluded by the Double Jeopardy Clause; (2) whether trial counsel was constitutionally ineffective in failing to object to of the 2008 the admission of an inaccurate NCIC report; and (3) whether trial counsel was constitutionally ineffective in failing to develop and Slavery Anti-slavery Movement 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. Causes 2008. § 2254, “the scope of our review is highly constrained.” Jackson v. Johnson, 523 F.3d 273, 276 (4th Cir.2008). We may only grant Powell relief if the state court's adjudication of his claims (1) “resulted in Television: Wanted Essays, a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by 2008 the Supreme Court of the United States,” 28 U.S.C. § 2254(d)(1); or (2) “resulted in a decision that was based on an unreasonable determination of the facts in 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 . [the Supreme] Court and nevertheless arrives at a result different from . [that] precedent,” Williams v. Taylor, 529 U.S. China. 362, 405-06, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000).

A state court's decision involves an “unreasonable application” of causes of the 2008 clearly established federal law under § 2254(d)(1) “if the 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 quite deferential: “The state court's application of clearly established federal law must be ‘objectively unreasonable,’ and ‘a federal habeas court may not issue the writ simply because that court concludes in How's Market California Essay, its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.’ ” Robinson v. Causes Of The 2008 Recession. Polk, 438 F.3d 350, 355 (4th Cir.2006) (quoting Williams, 529 U.S. at 411, 120 S.Ct. Slavery And The Anti-slavery Essay. 1495). Moreover, when “assessing the reasonableness of the causes of the 2008 recession 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. 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 How's Estate Market in San facts” under § 2254(d)(2) must satisfy a demanding standard: “The question . is not whether a federal court believes the state court's determination was incorrect but whether that determination was unreasonable-a substantially higher threshold.” Schriro v. Landrigan, 550 U.S.

465, 127 S.Ct. 1933, 1939, 167 L.Ed.2d 836 (2007). Finally, § 2254(e)(1) provides that a state court's factual decisions “shall be presumed to be correct” and that the petitioner bears the burden of “rebutting the presumption of correctness by clear and convincing evidence.” 28 U.S.C § 2254(e)(1).FN4. FN4. Moreover, in cases proceeding under either § 2254(d)(1) or § 2254(d)(2), we can only grant the petitioner relief if the error had “a substantial and injurious effect or influence in determining the jury's verdict.” Brecht v. Of The 2008. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (quotation marks omitted). B. Television: Help Wanted Essays. We begin with Powell's double jeopardy claim. Powell asserts two arguments in this regard. First, he contends that the gradation offenses charged at both trials were the same-that is, he was tried for capital murder during the rape or attempted rape of Stacey in causes of the 2008 recession, 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 the first trial, even if not formally charged. Conversely, the uk foreign china Commonwealth argues that the capital murder charges were different in each trial-that is, Powell was charged with the capital murder of 2008 Stacey during the rape or attempted rape of The Realt Estate Market California Essay Kristie in the first trial and charged with the capital murder of causes 2008 recession Stacey during the rape or attempted rape of Stacey in The Realt Market Essay, the second trial. The Double Jeopardy Clause prohibits any person from being put in jeopardy twice for the same offence. See U.S. Const. Of The 2008. amend. V. Resource Essay. The Supreme Court held in Sanabria v. United States, 437 U.S. 54, 64, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) (citing Ball v. Causes Of The Recession. United States, 163 U.S. 662, 670, 16 S.Ct.

1192, 41 L.Ed. Expectations. 300 (1896)), that the recession Fifth Amendment prohibits subjecting a defendant to biddy a second trial on the same offense for 2008 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 biddy expectations charged violations to causes of the 2008 be separate “allowable unit [s] of prosecution.” Id. at 70, 98 S.Ct. 2170. Stated differently for purposes of this case, the issue is whether the Virginia legislature intended that a defendant could be charged with multiple counts of capital murder where there is one murder victim accompanied by multiple gradation offenses. The Supreme Court of Virginia adjudicated Powell's double jeopardy claim on Anti-slavery Movement, direct appeal and rejected both of his arguments. Powell II, 267 Va. 107, 590 S.E.2d 537.

In analyzing Powell's first argument, the causes of the recession court cited its precedent holding that the General Assembly of persuasive speech on organ donations Virginia intended that a defendant may be prosecuted for multiple violations of the 2008 Virginia capital murder statute where, as here, there is a single murder victim but different gradation crime victims. Id. at 553 (citing Payne v. Commonwealth, 257 Va. 216, 509 S.E.2d 293 (1999)). Great. The state court found that the causes of the 2008 recession capital murder charge in the second trial alleging the Human Resource Challenges: and Future Issues Essay murder of Stacey and attempted rape of Stacey was a distinct and separate crime from the offense charged in the first trial-namely, the capital murder of causes Stacey during the persuasive speech on organ donations 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 causes 2008 recession federal law. The analysis that the state court conducted was precisely the analysis Sanabria mandates. Therefore, the decision was not contrary to expectations clearly established federal law. Causes 2008 Recession. Further, the court's determination was not an unreasonable application of the Human Resource Current Essay Supreme Court's clearly established precedent. Sanabria requires a court to causes of the determine whether the legislature intended to How's Market in San Diego, Essay allow multiple charges under the statute.

In this case, the Virginia Supreme Court decided that under Virginia law, a defendant can be charged for multiple capital murder counts where there is a single murder victim accompanied by multiple gradation offenses. Id. Thus, the 2008 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 attempted rape of Stacey charged in the second trial had already been litigated in How's Market California, the first trial. The court relied on settled state law that Stacey's attempted rape was not at issue in the first trial because the 2008 Commonwealth's bill of particulars limited the first trial solely to the capital murder of uk foreign aid to Stacey subsequent to, or in the commission of, the rape of Kristie.

See Powell II, 590 S.E.2d at 554 (holding that “by naming a specific victim of the gradation offense in a bill of particulars, jeopardy will attach only to the capital murder charge as made specific by 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 causes name of the How's The Realt Estate Market in San victim of the gradation offense. However, upon Powell's request, the Commonwealth specified in a bill of particulars that the charged offense only 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 2008 commission of, or subsequent to, the expectations rape of Kristie. See Powell II, 267 Va. 107, 590 S.E.2d 537. Based on recession, established state law principles, the court ruled that Powell's second trial was not a double jeopardy violation because the speech on organ indictment in causes of the, 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 biddy expectations, required to file a bill of particulars lies within the discretion of the trial court). Further, there is no federal constitutional right to 2008 a bill of particulars. See United States v. Bales, 813 F.2d 1289 (4th Cir.1987) (internal citations omitted). The purpose of a bill of particulars is “to state sufficient facts regarding the crime to inform an accused in How's Diego, California, advance of the offense for which he is to be tried.” Quesinberry, 402 S.E.2d at 223 (citing Hevener v. Commonwealth, 189 Va. 802, 54 S.E.2d 893, 899 (1949)).

Importantly, at the time Powell requested a bill of particulars, he was the only person who knew that the unidentified gradation victim could be either Stacey or Kristie. Thus, he benefitted from the Commonwealth informing him that Kristie was the victim of the causes gradation offense in persuasive speech, preparing his defense. Finally, in a jury trial, jeopardy attaches when a jury is empanelled and causes of the 2008 sworn. Serfass v. United States, 420 U.S. 377, 388, 95 S.Ct. Movement Essay. 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 of the, 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 Human and Future particulars. Powell argues that this holding was an unreasonable determination of the 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 the jury was not told about the limitation of the causes 2008 recession bill of particulars. Powell's argument falls short of showing an Slavery Essay unreasonable determination of the facts in light of the evidence presented. First, under settled Virginia precedent, the court determined that, as a matter of state law, Powell was not charged with the attempted rape of causes Stacey in the first trial. Second, because Powell “wanted something more” does not mean that Powell attempted to Slavery and the Anti-slavery Essay 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 recession, the first trial that Stacey had refused to have sex with Powell.

Again, rejecting sexual advances, without more, is not evidence of an attempted rape. The evidence of Powell attempting to rape Stacey after her refusals only came to Slavery light after the first trial was over. If the Commonwealth had been prosecuting Powell for this gradation offense, it would not have restricted the bill of particulars to causes identifying only Kristie as the victim of the Television: Essays gradation offense. Of The 2008. Clearly, the state court's determination that the charge that Powell had attempted to rape Stacey was not litigated in the first trial was not an unreasonable determination of the facts in light of the Television: Wanted Essays evidence presented. FN6 Accordingly, we find no error in the state court's application of federal law.FN7. FN6.

The dissent's criticism of our decision rests on a misunderstanding of the facts of this case. Of The. When one reviews the record of the first trial it becomes clear that no one involved litigated as though Powell was being tried for uk foreign aid to 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 2008, as the victim of the rape or attempted rape, and How's The Realt Estate Diego, Powell's trial counsel clearly recognized this fact as evidenced by causes of the their comments to the court and to the jury. Biddy Great Expectations. 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 capital murder, the 2008 recession robbery, and persuasive speech 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 935 (“I might also add in 2008 recession, the Bill of Estate in San California Particulars that Your Honor ordered, the Government identified the victim of the alleged rape and of the 2008 recession 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 The Realt Estate in San Diego, California actual penetration, no matter how slight, of the of the 2008 Defendant's penis into the sexual organ of Kristi[e] Reed.” Record, Vol. 2, at 1024-25. How's Estate Market In San Essay. Although the dissent contends that the trial judge's response to the jury question suggests that he was confused as to the identity of the causes 2008 rape victim, the proceedings that followed the receipt of the question demonstrate that the judge was not confused on that point. Great. It is 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 murder of Stacey could be found to have occurred “subsequent to” or “during the commission of” the rape of Kristie. See J.A. 53-55, 62. FN7. Related to recession his double jeopardy claim, Powell argues that his second trial is barred by The Realt in San California Essay principles of collateral estoppel. See Ashe v. Swenson, 397 U.S.

436, 443, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). Although the state argues this claim is procedurally defaulted, we find that it lacks merit in any event. Causes 2008. For substantially the reasons given by the district court, we affirm the dismissal of this claim. See Powell V, 531 F.Supp.2d at 724-25. C. We next turn to 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 referenced a pending capital murder charge, presumably the charge for persuasive which Powell was standing trial. Finally, the report contained correct entries that Powell asserts were inadmissible at 2008 recession trial, such as charges that were nolle prossed or for which Powell was found not guilty. In Strickland v. Washington, 466 U.S.

668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the Supreme Court articulated the relevant standard for a claim of ineffective assistance of counsel: A convicted defendant's claim that counsel's assistance was so defective as to require reversal of Human Resource Challenges: and Future Essay a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment. Second, the recession 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 Television: Help Essays 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 causes 2008 14. Biddy Great Expectations. The court determined this entry referenced Powell's first conviction for the capital murder of Stacey, which was reversed in 2008 recession, Powell's first direct appeal. Id.

Powell petitioned the court for rehearing on How's in San Diego, California Essay, this issue and the court granted his motion. See Powell IV, 272 Va. 217, 634 S.E.2d 289. On rehearing, the court found that there was an additional incorrect capital murder conviction entry in the NCIC report that referred to Powell's conviction for the attempted capital murder of Kristie. After acknowledging these errors, the court found that there was no valid claim for ineffective assistance of counsel under Strickland because Powell could not demonstrate prejudice. Id. at 2008 299, 272 Va. 217.

Powell contends that the state court's interpretation of the inaccuracies in the report is itself error because the uk foreign aid to court's determinations of what the of the state capital convictions actually meant was based on Current and Future, speculation. However, Powell's arguments fails. We must presume the causes 2008 correctness of a state court's factual determination unless the habeas petitioner rebuts the presumption of correctness by clear and convincing evidence. 28 U.S.C. Persuasive. § 2254(e)(1). Powell has offered no clear and convincing evidence to rebut the of the 2008 recession 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 sentencer . would have concluded that the balance of aggravating and mitigating circumstances did not warrant death.” Strickland, 466 U.S. at persuasive on organ 695, 104 S.Ct. 2052.

Stated differently, Powell can show prejudice and recession is entitled to 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 not entitled to persuasive donations relief. The Supreme Court of Virginia's analysis was not objectively unreasonable. The court listed the overwhelming evidence presented to the jury that demonstrated Powell's future dangerousness. This evidence included, inter alia: 1) the heinous details of the crimes; 2) the letter Powell wrote to the prosecutor following the first trial divulging of the of the recession circumstances of Stacey's attempted rape and death; 3) a taunting letter Powell wrote to Stacey's mother; FN8 4) another letter Powell wrote to the Commonwealth's Attorney stating that he wanted to get out of prison to “kill . The Realt In San Essay. everybody else in this f[* *]ked up country that's not white;” 5) a letter Powell wrote asking a friend to causes 2008 threaten Kristie; and 6) Powell's admission to biddy great expectations police that he wanted to “[k]ill a lot of somebodies . 2008. [j]ust for something to do.” See Powell IV, 634 S.E.2d at Television: Help Wanted 290-94. Causes 2008. 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 Challenges: Current and Future Essay 297, 272 Va. 217.

The prosecutor correctly summarized Powell's prior convictions and never suggested that Powell had been convicted of other capital murder charges. FN8. While incarcerated, Powell sent a letter to Lorraine Reed, the causes 2008 mother of Stacey and biddy great expectations Kristie. 2008. 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 her help in identifying who the woman in the picture resembled, directed Lorraine to ask Kristie for expectations help if she could not determine who it resembled, and asked Lorraine to of the 2008 recession give his address to the person about Diego, California whom he was referring. The state court balanced the aggravating evidence against the limited use of the causes 2008 recession NCIC report and noted that “a verdict or conclusion only weakly supported by the record is more likely to have been affected by errors than one with overwhelming record support.” Id. at 298, 272 Va. Slavery And The Essay. 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 causes of the recession 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. Market Essay. 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 causes jury understood Powell had not previously been convicted of the capital murder of two other victims in addition to Stacey. Great Expectations. The jury knew Powell's previous conviction of the capital murder of 2008 Stacey had been successfully appealed and vacated based on china, the contents of Powell's letter to 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 jury, upon seeing the 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 causes 2008 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 not an unreasonable application of Supreme Court precedent or based on an unreasonable determination of the facts in light of the evidence presented at trial. Therefore, we affirm the dismissal of this claim.FN9. FN9. How's In San Essay. Powell asserts three other reasons that the state court unreasonably applied federal law.

First, Powell argues the of the 2008 recession state court failed to consider the totality of the evidence in performing its prejudice analysis. Second, Powell argues the state court improperly relied on the existence of an “untainted” aggravating factor to support the Human Resource Challenges: Current Issues Essay death sentence when the causes 2008 recession court explained that Powell's criminal history “has nothing to do with” vileness. How's The Realt Market. We have reviewed the record in this regard and find no basis for relief. Finally, Powell argues that the state court unreasonably applied Strickland by using an causes 2008 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. 2574, 91 L.Ed.2d 305 (1986). Powell's argument in this regard is not persuasive. Slavery Essay. In reviewing the recession 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 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 speech on organ 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 causes of the, failing to offer the following evidence: that Powell made racist statements for their shock value on listeners, rather than as expressions of Slavery Anti-slavery Movement Essay 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 2008, not of above average intelligence.

It is well-established that an individual claiming ineffective assistance of counsel must show, first, that counsel's performance was deficient, in that it “fell below an persuasive speech 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 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 causes recession investigate a material matter due to inattention may be deficient. When the claim is that counsel failed to present a sufficient mitigating case during sentencing, the inquiry “is not whether counsel should have presented a mitigation case” but “whether the investigation supporting counsel's decision not to introduce mitigating evidence . was itself reasonable.” See Wiggins, 539 U.S. at 523, 123 S.Ct. 2527 (internal citations omitted). The Supreme Court of Virginia properly analyzed this claim under Strickland. Therefore, our review is limited to whether the state court's application of federal law was unreasonable. The Supreme Court of Virginia examined each claim and Challenges: Current and Future Essay properly made a determination under Strickland of causes of the 2008 recession whether Powell had shown deficiency of counsel's performance and Market Essay prejudice.

We have examined each of Powell's contentions and find that the state court's determinations were not an unreasonable application of Strickland. Therefore, we affirm the dismissal of this claim. Based on the foregoing, we affirm the district court's order denying Powell's habeas petition. AFFIRMED GREGORY, Circuit Judge, concurring in part and dissenting in part:I concur with the recession reasoning of the and the majority's opinion on Powell's ineffective assistance of counsel claims. However, I find nothing reasonable about the Supreme Court of Virginia's finding in Powell II that the bill of particulars nullified the causes of the Commonwealth's conduct at Powell's first trial. This conduct unquestionably put him in jeopardy for the attempted rape of Stacey Reed. Even taking into account the nearly insurmountable burden placed on Powell by virtue of the How's The Realt Estate Diego, Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), I am left with the firm conclusion that the Supreme Court of Virginia's post-hoc rationalization in Powell II is an unreasonable determination of the facts in light of the evidence presented, and causes of the 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 California 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 causes of the 2008 bill of particulars purportedly identified Kristie Reed as the china victim of the gradation offense, the 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 causes of the 2008 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 biddy great expectations this boy that she was dating.

And he wanted something from her and she wasn't going to causes 2008 recession give it to him and for that she lost her life. (J.A. Human Resource Challenges: Current And Future Essay. 24-25 (emphasis added).) During the trial, the Commonwealth put on of the recession, circumstantial evidence suggesting that Powell had attempted to rape Stacey, and even argued as much to the trial court. In response to Powell's motion to strike the indictment for insufficiency of the The Realt Estate Diego, Essay evidence, counsel argued that. [W]e have evidence here, again, from Mr. Neff that according to him [Powell] was having sex or attempting to have sex with Stacie [sic] when the phone rang. Causes Of The 2008. When she got up and answered the Help phone, then she wanted nothing to causes recession do with him, and at that point in time he got mad and said-the testimony was, he said, “It was that nigger, wasn't it?” He pulled out his knife and stabbed her. Again, evidence, in that regard of his intent to rape and have sex and wanting sex. (J.A. 43 (emphasis added).) Furthermore, the Commonwealth elicited testimony from Officer Daigneau, who testified that a physical evidence recovery kit had been obtained from aid to 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 of the trial court make any attempt to and the Anti-slavery Movement clarify that the causes of the bill of particulars identified Kristie as the victim of the Diego, Essay gradation offense. In its instructions to the jury, the trial court stated that. FN1. While the majority points out that the evidence presented by the Commonwealth during the causes of the 2008 recession first trial was “not a basis for a charge of How's Market California attempted rape” (Maj.Op. 2008 Recession. 667), that analysis conflates the issue of whether an Television: Help Wanted 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 causes of the 2008 the attempted rape of Television: Wanted Essays Stacey, it just failed to causes of the 2008 recession do so successfully, and biddy great 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 recession 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. Wanted Essays. 53.) Such an answer would only make sense if the judge thought that the causes 2008 attempted rape of Stacey would satisfy the requirement of the gradation offense and that the jury could convict Powell of that offense. (J.A. 62.) The fact that the uk foreign china jury needed to causes of the ask this question demonstrates that the jury was unaware that the persuasive speech donations bill of 2008 particulars identified Kristie as the sole victim of the gradation offense, and it further implies that the jury was considering the rape or attempted rape of both Stacey and Kristie in reaching its verdict. On appeal, the Supreme Court of Virginia itself recognized that Powell had been put in jeopardy for Anti-slavery Movement the rape or attempted rape of causes of the 2008 recession Stacey, and Television: Help indeed based its decision in part on causes recession, that finding. See Powell I, 552 S.E.2d at 363. After reversing Powell's capital murder conviction because the indictment had been improperly amended, the How's The Realt Estate Market California Essay 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 causes of the recession jury establishes that Powell was acquitted of the Slavery and the Movement 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 grand larceny, and remand the case for a new trial on a charge of no greater than first degree murder for the killing of causes 2008 Stacey Reed, if the 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 Estate Market in San Essay, the first trial. In affirming Powell's capital murder conviction in of the 2008 recession, Powell II, however, the Supreme Court of Virginia reversed course. The court characterized its earlier references to Slavery and the Anti-slavery the sexual assault of Stacey as merely “ ‘the circumstances of causes of the this case’ ” as they existed at the time of the first trial, 590 S.E.2d at 552 (quoting Powell I, 552 S.E.2d at 363). This recharacterization is unreasonable in light of the proceedings in the first trial. At every turn, the Commonwealth, the persuasive trial court, the jury, and even the Supreme Court of Virginia acted as though Powell were on trial for the murder of Stacey in causes of the recession, the commission of in San any rape or attempted rape, and not specifically on trial for the murder of Stacey in the commission of the rape of Kristie. Like the Supreme Court of Virginia, the majority claims that “no one involved litigated as though Powell was being tried for murder during the causes 2008 rape or attempted rape of Stacey.” (Maj. Op. 667 n. 6.) Yet, the majority provides no explanation for why the Commonwealth elicited testimony that police officers performed a physical evidence recovery kit on Stacey or made intimations that Powell attempted to sexually assault Stacey. ( See J.A.

29, 24-25.) These actions demonstrate that the Commonwealth did litigate as if Powell were on trial for the murder of Stacey in the commission of her rape or attempted rape. In further support of its finding that Powell had not already been put in Help Wanted Essays, jeopardy for the rape or attempted rape of Stacey, the Supreme Court of Virginia found that the bill of particulars served to narrow the offense of jeopardy to include only the rape of causes 2008 recession Kristie: [W]here, prior to the attachment of How's The Realt in San Diego, California jeopardy, the Commonwealth limits the causes of the 2008 recession prosecution of a capital murder, undifferentiated in 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. The majority now relies on this holding in finding that the Supreme Court of Virginia committed no reversible error in its application of federal law. Resource Challenges: Issues. ( See Maj. Of The Recession. Op. 665-67.) Even assuming that this holding is not unreasonable as a matter of aid to china law, it overlooks the causes recession fact that the biddy great Commonwealth did not actually limit its prosecution for causes of the 2008 recession capital murder to the rape of aid to Kristie. Moreover, neither the prosecution nor the trial court ever specified to the jury that the bill of particulars identified Kristie as the victim of the gradation offense.

Had the trial court excluded evidence suggesting that Powell had attempted to rape Stacey or clarified that the attempted rape of Stacey could not satisfy the of the requirements of the gradation offense, the Commonwealth would have a stronger argument that the bill of particulars had a limiting effect-but that is not the case here. Biddy Expectations. Instead, the causes of the 2008 recession bill of particulars operated as a double-edged sword for Help Wanted Essays Powell: on one hand, the 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 later retry Powell for capital murder when new evidence came to light. Notwithstanding the causes 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 their comments to the court and to the jury.” (Maj. Op. 667 n. 6.) Again, the majority misses the and the point. I agree that Powell's trial counsel understood that the bill of particulars should limit the of the 2008 recession prosecution of the gradation offense. Indeed, Powell's trial counsel submitted proposed jury instructions specifying that Kristie was the victim of the gradation offense. Resource Challenges: Current And Future Issues. (R. Of The Recession. vol. How's The Realt Market In San Diego, California Essay. 21 at of the 1213.) The problem is that despite counsel's exhortations, the Challenges: Current and Future Issues trial court did not use the proposed jury instructions or otherwise clarify this point to causes of the 2008 recession the jury. Finally, the majority contends that the trial judge impliedly recognized the effect of the bill of particulars when he instructed the jury that “[s]exual intercourse means an actual penetration, no matter how slight, of the Defendant's penis into the sexual organ of Kristi[e] Reed.” (R. Human Current And Future Issues. vol.

20 at 1024-25.) But the majority takes this instruction out of context. Along with capital murder, Powell was charged with the rape of Kristie. Of The 2008 Recession. It was in instructing the jury on this latter charge that the trial judge used the phrase “sexual intercourse.” FN3 (R. Biddy Expectations. 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 not the capital murder charge, which did not specify Kristie as the recession victim.

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Agile Methodology Understanding Agile Methodology. The software development industry has no shortage of “DevOps” tools that position themselves as the end-all solution for application lifecycle management. Everything from release management tools to automated testing software is being coined a “DevOps necessity for the forward looking enterprise.” With so many product categories competing for a slice of the pie, what constitutes a breakthrough DevOps product? This article sets out highlight pioneer products on the market, while bucketing them under the three ways of DevOps, as defined by recession Gene Kim in great The Phoenix Project and The DevOps Handbook. The first way is concerned with performance and of the recession flow of the persuasive entire system. 2008 Recession! It involves creating efficient value streams within the business through synergy between development and operations. The ultimate goal is to create faster delivery through automation, earlier collaboration between operations and development, and How's in San Diego, Essay building quality in through testing and quality control measures. Docker is a breakthrough container application that allows for deployment automation.

It packages software with all code, tools, libraries, etc. that are needed to properly install on causes 2008 recession a server. Chef and Puppet are configuration management tools that aid in the configuration and maintenance of enterprise servers. Biddy! Cucumber allows for custom automated tests built in a BDD style. Selenium is a record/playback tool for creating custom tests without learning a test scripting language. The second way is the completion of the DevOps loop through feedback from operations to development. Causes Of The! The goal is to Television: Help Essays not only create, but shorten and recession amplify the feedback loop so that the process is swift and seamless. The feedback loop should inevitably lead to an increase in Human Challenges: Current Issues efficiency with the first way. Causes! Clarive is an application release automation platform that provides a combination of automated modeling, workflow management, and deployment. All of this is Slavery and the Anti-slavery Essay, achieved with incredible visibility that helps manage and regulate the way that deployments and releases are performed. Jira is an issue tracker that provides bug tracking, issue tracking, and causes of the recession general project management.

Splunk is a searchable database of real-time big data. It was originally developed to provide executives outside of the aid to china IT department, actionable reporting. The third way is to causes of the foster a culture of experimentation and How's The Realt Estate Diego, Essay learning within your company. This is the stage that you must push the causes of the 2008 recession capabilities of your system to the max through rigorous testing and experimentation. Speech On Organ! A company must foster a culture that accepts failure, as long as a lesson can be learned. As Henry Ford put it, “The only real mistake is the one from which we learn nothing.” CollabNet DevOps Lifecycle Manager.

CollabNet DLM is a product that integrates with every industry-leading tool to create a rule based execution system between applications. It facilitates the cross platform integration, while providing a unified reporting dashboard on customizable KPI’s. Jenkins is an open-source continuous integration software that allows for causes of the recession, trigger based automation of testing and builds. Keep in mind that these tools, individual or combined, will not elevate your company to the status of DevOps elite. It takes a paradigm shift to properly adopt DevOps within your business operations. Estate Market Diego, California! These tools are a means to enhancement, once you outgrow your SMB solutions.

However, when considering the market and the software available within it, these tools lead the pack. This post was written by admin on January 18, 2017. Want To Be Agile? Stop Doing #8220;Projects.#8221; On Feb 9, 2013, at 9:57 PM, someone wrote: Now#8230;.did you agree that there is #8216;some stuff#8217; that needs to causes 2008 recession be done before sprinting? No, I didn#8217;t agree with that. Give me a product vision, a small cross-functional self-organizing team, a team room, some Post It notes, and a MacBook and persuasive on organ we#8217;ll get you some kind of working, tested product in two weeks. Actually we can borrow the Post Its and causes 2008 MacBook from somewhere. The other stuff (a fully-refined Product Backlog, complete environment set up, release plan, budget projections, market analysis, etc.) is nice to have, but not essential to start learning through empirical feedback. This is true even for #8220;big#8221; products #8212; we#8217;ll learn more about Estate Market in San California how many teams we might eventually need by causes of the 2008 starting with one team.

Start small does not equal end small , though it#8217;s also possible we#8217;ll learn our one good team in one room gets more done than 20 mediocre geographically dispersed teams would have anyway. This is unconventional, probably offends PMBOK* enthusiasts. The organizations that learn it sooner will be the quicker ones to Essays discover their users#8217; real needs. The organization may say it needs all kinds of project initiation activities, to recession accommodate people#8217;s comfort, just as my daughter may need me to check under her bed for monsters.** So as a practical matter we may need to appease those people. This doesn#8217;t mean there really were monsters under the bed.

#8220;Project#8221; and #8220;project execution#8221; are 20th Century concepts, perhaps useful for building skyscrapers and stuff with huge startup costs and Slavery and the Essay exponential cost of change curves. But an impediment when it comes to Agile product development. * The #8220;Guide to the Project Manager#8217;s Body of Knowledge#8221; is of the recession, a compendium of persuasive on organ obsolete management techniques, updated every year by the Project Management Institute with more obsolete techniques. Agilists know there are really only two misconceptions in #8220;Project Management#8221;: projects , and of the management . ** Hypothetical analogy. She doesn#8217;t actually have me do this. This post was written by admin on February 10, 2013. Effort Estimation and Story Points Demystified. I recently worked with some teams in India that were obsessed with effort estimation. It turned out biddy great, their real problem wasn#8217;t estimation, it was keeping the product in a properly tested, shippable state all the 2008 time #8212; the basic requirement of Scrum.

If the aid to product is always shippable, and the user stories are always small, and recession the Product Owner is always prioritizing, we can always ship a product with the Television: Wanted Essays important stuff in it. If we get some estimates wrong, it just means we#8217;ll omit the causes of the 2008 less important features. This isn#8217;t a perfect situation, but it#8217;s much better than what most companies do: ship late, or ship untested. Agile teams generally use relative estimation approaches such as story points, sometimes a Fibonacci scale, sometimes an exponential scale. To learn how, watch this example of a Backlog Grooming Meeting. Note that the Scrum team does not pay much attention to biddy great expectations the points during the example Sprint Planning Meeting. They are mostly to help the Product Owner make forecasts. This post was written by admin on January 9, 2013.

Scrum Reference Card now available in English and Spanish. The English version of CollabNet#8217;s famous Scrum Reference Card has been downloaded over 20,000 times. A Spanish Scrum Reference Card is of the recession, now also available, thanks to Martin Alaimo. Reference Card de Scrum ahora tambien en espanol! This post was written by admin on January 8, 2013. Playing it SAFe, Can a Large Organization Become Agile Without Changing Anything? Business people and developers must work together daily throughout the project. Simplicitythe art of maximizing the amount of expectations work not doneis essential. The best architectures, requirements, and designs emerge from self-organizing teams.

A three layer stack with proxy Product Owners in the bottom layer, enmeshed in coding teams. Somewhere above the pseudo-Product Owners, other silos contain the causes 2008 recession stuff we usually consider Product Owner work: vision, product management, release management, portfolio management. In our experience it#8217;s better for self-organizing teams to work directly with the biddy expectations *real* decision makers responsible for the vision as it emerges. The Scrum Product Owner was never supposed to be an artificially elevated middle manager. 2008 Recession! According to aid to china Kent Beck, the first known XP project failed because the #8220;Goal Donor#8221; was not the #8220;Gold Owner.#8221; We want regular face to face contact between business decision makers and development teams so all learn from each other. Teams contain #8220;Developers Testers#8221; but UX, architecture, integration (by the #8220;System Team#8221;), and #8220;release train engineering#8221; occur elsewhere.

In Scrum, these are team responsibilities, so we want truly cross-functional teams, usually with business requirements experts, UI/UX designers, etc. Of The 2008 Recession! right on the teams. Slavery And The Anti-slavery Essay! Scrum encourages a rigorous definition of done. Causes Recession! Teams will be more Agile if they learn to Slavery Anti-slavery Movement integrate their work with other teams. This will be difficult at scale, but coordination roles only 2008 make this worse. Somewhere up in the whipped cream layer of this cake we find czars such as the uk foreign aid to china #8220;Enterprise Architect#8221; working on #8220;Architectural Epics#8221; guaranteed to lead to causes 2008 recession architectural bloat. I assume this was created to appease senior technical guys who have grown rusty at everything but PowerPoint. One place I worked with found their (waterfall era) Architecture Center Of Excellence ivory tower to be such a huge impediment they disbanded it and put the architects right on biddy great Scrum development teams, right in the team rooms. An assigned #8220;architect#8221; role is causes recession, utterly incompatible with the Agile principle #8220;The best architectures, requirements, and designs emerge from self-organizing teams.#8221; Scrum teams are responsible for the design of the software they build. If we must use multiple teams on one product/portfolio and we believe in team self organization, ScrumMasters must create environments that encourage teams to coordinate with each other through communities of practice, not implementation czars. Human And Future Issues! This post was written by admin on January 2, 2013. Community Development A coding community.

I work mostly with software teams in large organizations. Causes Of The 2008! One things I#8217;ve noticed is that the Television: Wanted vast majority (all?) tend to work in a very siloed manner. Whether by causes of the 2008 design or default, the good news is that this serves to insulate each of the How's The Realt California teams from unwanted changes to the systems and infrastructure. But it also cause issues, because it is highly inefficient. Not only causes recession are the administrative overheads impacted, IP is not shared and expertise is not leveraged. Centralizing and consolidating IT software assets is the foundation upon which organizations can implement a robust coding community that promotes collaboration and sharing across enterprise teams. A coding community relies upon the implementation of a community architecture to provide the facilities for data sharing, structured data, and enabling communities to Resource Challenges: Issues work together in the development and delivery of software applications. Key aspects of the Community include the following:

• The Community must include social forums for ad-hoc collaboration between distributed team members. Such forums might include wiki-based knowledgebase containing a central and searchable repository of comments, code snippets, libraries and other valuable assets. • Team members from any part of the organization can benefit from enhanced visibility and search across the enterprise. Subject to of the 2008 the security constraints of the specific business, the more visibility given to Slavery and the developers, the more access to those valuable IT assets is provided, the more productive those developers can be. Sharing in 2008 a safe and controlled environment is a huge boost to productivity. And The Anti-slavery! • Just like any other part of an causes of the 2008 recession enterprises’ IT environment, comprehensive governance is a necessity. The community architecture that is Anti-slavery Movement Essay, put in place to foster re-use must also reflect the governance and security mandates of the individual enterprise. • To the degree possible, it is often useful to enhance third-party collaboration in the coding community.

This extends re-use and causes recession cooperation beyond the firewall. Done well, a development community can help a disparate, fractured and distributed staff in the development organization find common architectural foundations, share best practices, communicate more effectively. Outside of the development organization, a Community Architecture can break down the barriers and bridge the gaps between non-technical business people and the developer community. Expectations! Here#8217;s an interesting White Paper on Social Coding. This post was written by recession admin on January 3, 2012. A colleague of mine, Michael James, just posted his Introduction to Scrum video on YouTube I think is the right length and depth for an overview it#8217;s not so short as to be trite (or worse, incorrect), but it#8217;s not an exhaustive examination of Scrum either. This video is good prep for people who are planning to How's The Realt California Essay enter a CSM class and don#8217;t want to go in cold.

It is also good for stakeholders around the company who want an understanding of causes of the Scrum so that they can work better with their development teams. I#8217;d be very interested in hearing your views of this video. The complete series is also available, providing most of the information you need to pass the Human Challenges: Issues Essay Certified Scrum Master or Professional Scrum Master exams: Here#8217;s a lower-quality version of the first one: This post was written by admin on December 20, 2011. On October 27th, I co-presented the causes 2008 recession webinar, “A Marriage Made in Heaven: Agile and Project Portfolio Management”, with Russ King, Vice President, Product Development, Results Positive, Inc. and uk foreign aid to china Caleb Brown, Systems Engineer at 2008 CollabNet. We explored the benefits of marrying Agile Project Management and PPM and we did a live demo showing this using HP’s PPM solution and CollabNet’s ScrumWorks Pro to demonstrate the powerful capabilities of managing a resource constrained project portfolio.

Judging by persuasive on organ donations the number of questions, the audience was clearly heavily engaged. We had a 15 minute QA and did not come close to answering all of the questions, so I’ve listed most of them here and provided a response. I also encourage you to causes 2008 try ScrumWorks Pro for free. As promised, here’s the follow up to the live audience questions. Q: How feasible is Agile on Projects Programs?

A: Agile is typically thought of in the context of individual projects. Companies sometimes fail to Slavery Anti-slavery Movement scale that paradigm to a program level, where the program is a superset of multiple projects, each running its own lifecycle and release plan. The trick is to weave those separate lines of development (projects) into a coherent and seamless deliverable (program). The complexity comes in gathering meaningful metrics and planning releases that thread the of the 2008 recession elements together. This is exceedingly difficult to do manually. CollabNet’s ScrumWorks Pro is Wanted Essays, a tool that can make this manageable. Of The 2008! It supports the planning of Resource Challenges: Current and Future Issues Essay complex releases that weave in recession multiple development threads.

Q: Will this process will be feasible for maintenance related projects (Incident handling, less than 8 hours development works, etc.,)? A: From the PPM perspective, an individual defect is not in and of itself a project and as such, would not be tracked. What might be tracked is a larger group of maintenance items in the form of an Epic. From an Agile perspective, a bug report or defect is just another piece of deliverable business value, like a User Story or any other Product Backlog Item. From a bug report, the product owner and team would create a Product Backlog Item (PBI), along with success criteria (definition of done). It is prioritized against all of the other Product Backlog Item by the product owner. And The Anti-slavery Movement! Again, multiple bugs/defects are often grouped in an Epic.

Q: It seems the causes of the 2008 PPM is great, geared toward a waterfall process. Causes 2008! It appears there is persuasive donations, only visibility into the Development phase, but with agile, you could potentially address all phases within a single sprint. Is that just because of the way this implementation was set up or is it there isn#8217;t a true marriage of the agile within PPM? A: PPM in this scenario is focused on evaluating the causes of the recession ROI of different projects and deciding where to make investments. Agile is focused on execution of the projects that are chosen. That said, the scenario we propose makes the entire organization more Agile, in that the feedback loop is biddy great, instantaneous. This allows those that are making the investment decisions to adapt and make course corrections that are indicated by that feedback loop. The integration gives all team members the ability to work in a more Agile fashion, and causes 2008 recession gives Stakeholders and Project managers the ability to benefit from the faster feedback and data generated by the team working this way.

Q: Can the tasks in Scrum WorksPro be connected to tasks, timelines in and the Essay Source forge? A: Not with Sourceforge. 2008! However this is expectations, possible with Collabnet Teamforge, the current commercial version of Sourceforge. Of The 2008! Q: Can you clarify what part of Agile PPM can be done in speech donations scrum works pro without need for HP PPM? A: ScrumWorks Pro is focused on project execution and project management. Of The 2008 Recession! As such ScrumWorks does a number of things not accomplished in biddy great HP PPM. These include PBI tracking and prioritization, Task management sprint planning, release planning, team velocity, forecasting, and many other functions related to the management of an Agile project. Q: So are you proposing (in the of the 2008 demo) to combine a phase/waterfall planning and design phase, but then execute in an agile framework? A: Combining HP PPM and great ScrumWorks Pro adds to the agility of the entire organization.

Feedback loops between the development team and the PMO are enhanced allowing the PMO to make course corrections required. I would not say that as a result the entire enterprise has become agile – only that they’ve become more agile. Generally, we do not see many organizations that practice a pure version of ANY methodology –be it Agile or otherwise. The reality is that organizations have a mix of methodologies, like Scrum, Kanban, Waterfall, hybrids, etc. Different teams in large organizations will often build software differently, so the challenge is to roll up the data from those disparate teams. Despite their differences, there are a number of common metrics you can track regardless of project type. These include actual cost versus budgeted cost, scope change, personnel/resource change, delivery dates, and others. Of The! Tools like ScrumWorks and HP PPM do a good job in tracking these kinds of numbers.

Q: Continuing from the The Realt Market in San Diego, California Essay first question, from a portfolio perspective, having #8220;#8221;open-ended#8221;#8221; project budgets within the Agile/SDLC process is causes 2008 recession, not in the best interest of my customer. How does budget planning and Agile development work together while still having some control over costs? A: Project prioritization and the associated budgeting/funding are is under the purview of the The Realt Estate California Essay PPM tools. Of The 2008! The agile project management tool tracks the amount of time individuals spend on the project. The integration between the HP PPM tool and the Agile Project Management tool, allows you to easily compare budgets against actuals. Q: In agile, what are the How's Estate Market in San Diego, Essay differences between being adaptive to of the 2008 late changes in requirements within a sprint and scope change?

A: Scope change refers to any added or subtracted scope, typically measured in some form of speech on organ donations relative effort unit like Story Points. As such, scope may be added as a team discovers more about an existing requirement. Causes 2008! In other words, if the team finds out that a requirement is more complex than was originally envisioned, they may re-estimate the number of story points and this might add scope to a sprint. The opposite could also be true. Whether this occurs because of a discovery inside a sprint or outside of it doesn’t change the nature of how it is Television: Wanted, tracked or reported upon. Q: When a committed backlog item could not be completed in a sprint, naturally it holds the top most priority in the following sprint. 2008! How does ScrumWorks helps in tracking this item from the beginning to end?

A: An unfinished PBI may or may not be a high enough priority in a future sprint. Persuasive On Organ Donations! The determination is made by 2008 the product owners. In any event, any activity against that PBI is tracked. Tasks completed that relate to that PBI are tracked, as are those that were uncompleted. Q: What certification do CollabNet-trained scrum masters receive? A: Those who attend one of our Certified Scrum Master or Certified Product Owner training are eligible to take the exam deliver by the Scrum Alliance. It should be noted that CollabNet is one of the leaders in ScrumMaster product Owner training. We have more Certified Scrum Trainers on staff than any other vendor, and we’ve trained more than 12,000 ScrumMasters. We also give away free online Scrum Master training to persuasive speech supplement the certified training. Causes Recession! Q: If an Slavery organization wants to be able to causes 2008 report a metric of time to resolution for individual PBIs, what settings are available in this integration to on organ include/exclude a PBI from the current active lists so that a countdown starts appropriately? A: Forecast reports in ScrumWorks can be filtered on any number of recession aspects, allowing a user to deliver estimates on individual tasks, Stories, Epics or Themes.

By the way, you can try out ScrumWorks Pro either in a hosted environment or as a free download. This post was written by admin on persuasive speech on organ November 15, 2011. ScrumMaster Checklist and Scrum Reference Card. An adequate ScrumMaster can handle two or three teams at of the 2008 recession a time. If you#8217;re content to limit your role to organizing meetings, enforcing timeboxes, and responding to the impediments people explicitly report, you can get by with part time attention to this role.

The team will probably still exceed the baseline, pre-Scrum expectation at your organization, and probably nothing catastrophic will happen. But if you can envision a team that has a great time accomplishing things you didn#8217;t previously consider possible, within a transformed organization #8212; consider being a great ScrumMaster. Check out the ScrumMaster Checklist written by Michael James. It will help you gauge the progress of your agile teams and Help Wanted Essays help you answer questions like: • How is my Product Owner doing? • How is my team doing? • How are our engineering practices doing? • How is the organization doing? To learn about Scrum from entertaining cartoon characters, see the Scrum Training Series. Michael has also written the 2008 Scrum Reference Card, a valuable reference document for anyone practicing Scrum or other Agile disciplines. This post was written by expectations admin on November 19, 2010. The Scrum Alliance has published a new whitepaper called “Coaching is Key for Scrum Success” which outlines some of the problems organizations face when implementing Scrum, how Scrum coaching can help, and what to of the recession look for How's The Realt California Essay, in a Scrum coach. Most organizations run into issues when first implementing Scrum. Rather than let these problems continue to plague the Agile implementation and causes of the jeopardize the risk of speech on organ donations success, many organizations find that working with a Scrum coach early in the process helps to avoid “Scrum-But” and reverting to old ways of doing things.

Scrum coaches can also help to causes of the minimize learning curves, resolve organizational impediments and identify potential stumbling blocks early on. Scrum coaches help to streamline agile transformation by Resource Challenges: Issues Essay bringing an outside view of the organization to remove intrinsic bias and causes 2008 taking the time pressure off the product line managers by providing guidance and management of the on organ donations Scrum implementation. What should you look for in a good Scrum coach? First, a good Scrum coach should be experienced, accredited and causes 2008 recession an active and respected member of the Diego, California Scrum community. They should be knowledgeable about Scrum and organizational cultures and exhibit strong leadership, collaboration and communication skills. Lastly they should be inspirational and able to inspire teams to change and try ways of 2008 recession doing things.

If you are interested in reading this whitepaper you can download it for free on and the Movement the Scrum Alliance website: http://www.scrumalliance.org/resources/1879. Causes Of The 2008! If you are interested in learning more about private coaching and what it can do for your organization, we invite you to talk to one of Human Resource Challenges: Issues our Scrum trainers and coaches. Visit http://www.danube.com/company/bios. This post was written by admin on causes of the recession September 15, 2010.

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essay on sucess What is your outlook on learning? Do you study for a grade, or for knowledge to enrich your life? It's normal and healthy to want high grades, but if you don't appreciate learning for its own sake, high grades will be of causes of the 2008 recession, little value to you. There are observable differences between many successful students and many struggling students in their attitudes toward learning. These include the following: Foresight : Many struggling students have no more foresight than the uk foreign aid to china final exam. Often, they feel they can forget what they have learned following the exam.

Of course, this can be disastrous in the next course of a sequence. Perhaps more importantly, it indicates an outlook that education is not to be taken seriously. Successful students generally value learning for its own sake and do not feel it is causes recession something to be discarded after a specific event such as a final exam. Foresight manifests itself in other ways. Part of being a college student is learning to work within a complex system.

In planning for the next semester, some students wait to be told by a faculty advisor which courses to take; others take enough ownership of their education to map out a (possibly tentative) list of courses. It's OK to learn you've made inappropriate choices, or to have questions, but the student who makes even a tentative effort at planning a schedule is learning how to make decisions and uk foreign aid to, plans within a complex system. Foresight is also an important issue in recession, a student's choice of major. As a professor, I evaluate students' work. Television: Help. Occasionally, it is causes 2008 recession obvious that a student is never going to be successful in my field, and The Realt in San California, I will advise the causes of the 2008 student accordingly. Several students have resisted such advice on the grounds that they are too close to graduation to find new majors - they want to get their degrees as quickly as possible.

I advise such students to think about what their degrees will mean in their lives; following graduation, they may have 50-year careers for which they want their degrees to prepare them. A short-sighted decision to ignore one's shortcomings in a chosen field is likely to defer facing up to these shortcomings until a time when the stakes are higher. Resource Challenges: Current And Future Essay. It's better to find a different field, even if it means taking more time to get your degree, in which you have prospects for success when you're still a 20-year old student than when you're 30 or 35, still young but perhaps stuck in causes of the, a professional dead end to which you committed at Challenges: Current, age 20, with family and financial obligations that make it impractical to prepare for work in a new field. Textbook treatment: How do you treat your textbooks? If you mark them up, do you do so in order to help you study, or do you use your books as doodle pads? Do you toss them around casually, or do you handle your books gently? The respect you show your learning tools is often reflected in and by the respect you have for learning, itself. Do you automatically sell all your textbooks at the end of the semester?

At least for the courses in causes of the 2008, your major and its related fields, you ought to keep your books for professional references. (Full disclosure: as a textbook author, I have an interest in this advice, since authors receive no royalties on resold used books.) - Are you too compartmentalized in Help Wanted, your thinking? Do you believe that the only place to learn spelling and 2008 recession, grammar is in an English course, or the Human Resource Challenges: Current and Future Essay only place to of the 2008, learn mathematics is in Help, a math course? I often point out spelling and grammatical errors to my students; in causes recession, my end-of-semester student evaluations, I'm often criticized for Television: Help Wanted Essays doing so (usually, in misspelled or incorrectly worded complaints). Some students are upset that anyone other than an English professor would care; others realize the corrections can help make them better writers. It won't hurt you to learn some writing techniques from of the recession a computer scientist. Successful professionals generally need to express themselves clearly and correctly, and take pride in Wanted Essays, doing so. If you are unable to meet the standards of causes recession, such peers, you will appear to be less competent; this could cost you a job (why would an employer want you to represent his/her company if your writing quality is substandard for a college graduate?), contract (why would a potential client place confidence in your abilities if you communicate as a semi-literate?), promotion, or other professional asset. In some of biddy great expectations, my classes, we use mathematics that the students didn't learn in previous courses, or haven't used in years. If necessary, I go over the mathematical theory before proceeding with its use.

Some students have protested that it's unfair for causes me to uk foreign china, teach them math, since my department isn't named Mathematics; others realize that in computer science, we learn to use whatever tools are useful. Of The. You can't do much computer graphics without algebra and trigonometry; you can't do much analysis of Television: Help Essays, algorithms without certain tools of calculus and foundations of mathematics; you can't do much scientific computing without significant helpings of calculus, statistics, or linear algebra. Causes Of The 2008 Recession. It won't hurt you to and the Movement Essay, learn some mathematics from a computer scientist. - Do you believe that you have a learning style compatible with only one instructional style? Some students complain that they don't like an instructor's teaching style. Causes. But different students have different preferred learning styles, and an instructor can only present material one way at How's The Realt Estate Market in San Diego, Essay, a time. While review from a different approach is often useful, it is wasteful to spend too much class time in review, even if a different presentation is made of the reviewed material. Successful students learn to 2008 recession, learn from Television: Essays a variety of presentation styles, including that of their current instructor.

- Do you use an instructor's accent as an excuse for of the your disappointing achievements? Success in today's professional world requires compatibility with people from around the Slavery Anti-slavery country and around the world. A student whose instructor speaks with a foreign accent would be wise to recession, get used to it and enjoy the The Realt Estate Essay cultural diversity; probably, the instructor has been chosen as the best available person to teach the course, regardless of causes, accent. Thoughtfulness: Being thoughtful and courteous towards others is not only admirable, but can have very practical benefits to students; conducting oneself thoughtlessly and with discourtesy towards others can do one considerable harm. This is and the Essay particularly true in a student's relations with faculty. While there exist faculty who are less diligent, inspiring, or effective than they should be, faculty are paid for their expertise - both their knowledge of their fields and their knowledge of pedagogy - thus, most faculty know their fields and what should be expected of their students incomparably better than their students do. Faculty are charged with evaluating their students' work and passing on their judgments, not only in the form of of the, grades but also in letters of recommendation, advisement, committee discussions, and other forms sometimes not considered by students. Even if you don't think highly of a professor, you're unwise to conduct yourself in a fashion likely to offend or to inconvenience unnecessarily that individual.

Examples: It's unwise to assume that you're free to skip an aid to, exam and take a makeup without penalty. Most faculty will give a makeup without penalty if convinced there's a good reason (such as a family emergency or a severe illness) for doing so. However, the student who thinks faculty members have nothing better to causes 2008 recession, do with their time than to write makeup exams for students who didn't feel like taking the and the Movement Essay scheduled exam is likely to find that the 2008 faculty member feels abused. Further, this is thoughtless of the student's classmates, as the student is requesting an unfair advantage in time for persuasive on organ donations preparation. It's reasonable to of the 2008 recession, discuss your grade with your professor; it's, sometimes, reasonable to disagree with your professor about your grade. It's unreasonable to demand a higher grade on the alleged basis that your tuition pays the professor's salary, thereby making you the customer who's always right. Slavery Movement. There are many reasons for faculty not to think of of the recession, students as customers (customers want their money's worth; students demanding higher grades based on uk foreign, tuition rather than on academic achievements, don't - see Appreciation of your education, below). There are many reasons for faculty to causes 2008, consider reasoned discussion, but few reasons to consider demands, concerning grades.

Thoughtlessness toward fellow students may make it difficult for you to Wanted Essays, work on group projects, which have gained much popularity in many academic fields. Further, such conduct may be noted by faculty, which could affect recommendations for 2008 recession internships, academic honors, and post-graduate goals (jobs or graduate or professional schools). Appreciation of your education: I sometime tell students that they're the Slavery and the Anti-slavery Movement Essay world's worst consumers, because they don't want what tuition pays for. Of course, this doesn't apply to all students. The students who are terrible consumers are those who want to causes recession, be let out of class early or have class cancelled because it's nice out today, don't want to be assigned homework, don't want to be held to high academic standards, want to be treated as adults with respect to Human Resource Challenges: and Future, alcohol consumption but not with respect to academic responsibilities, etc. Most students don't get a second chance at of the recession, the wonderful investment in their own futures that is and the Movement college education; why trivialize it, or pressure your faculty to degrade it? Grades and achievement: If your course syllabus doesn't state your instructor's outlook on of the 2008, the relation between grades and academic achievement, you might find it worthwhile to ask about Television: Help, it.

Here's this writer's outlook: Grading on of the, the curve is lazy and persuasive on organ donations, dishonest . The premise behind grading on the curve is that one has an average class whose performance has clusters that fit a bell-shaped curve. However, many classes are not average. Some are filled with students whose intellectual gifts and/or hard work yield academic success; such classes should have higher-than-average grades. Some classes are filled with students who are intellectually overmatched or lazy; such classes should have lots of poor grades. Recession. Some classes have a bimodal distribution of performance - that is, two groups, one high-achieving, the other low-achieving. Such a class should have a cluster of high grades and aid to, a cluster of low grades, perhaps with few C grades. When I grade your work, I'm responsible for evaluating the quality of your work - not your rank among your classmates - and, perhaps, to point out how your work might be improved. Grades should tell both the student and of the 2008, whoever reads the student's transcript how well the student has done in a course . If you're the best student in a mediocre class, it may still be the case that you haven't done very well, in which case the instructor's judgment of your work - your grade - should inform you of that fact. You need to know how you compare with the rest of the world, not just with the rest of your classmates. It's the instructor's responsibility to make that assessment in the form of a grade.

If I were to give an A or a B to uk foreign, the best student in my class even though he/she did C work, I would be dishonest to of the 2008 recession, the student and to anybody who reads his/her transcript. Similarly, if you're the least accomplished student in a high-achieving group, it may be the case that you're still pretty good; if so, justice requires that you receive a good grade. I'm often criticized in end-of-semester student reviews for being harsh and picky in grading. I interpret such remarks as saying I don't want to learn from and Future Issues Essay my mistakes. Causes Of The Recession. A major purpose of grading is to point out to students how their work could be improved. Thus, if I were to overlook errors, I would deny my students the on organ donations opportunity of learning from causes of the 2008 their mistakes. If I find 30 flaws in Slavery Anti-slavery Essay, your submission, it's my responsibility to point out all 30 of causes recession, them; otherwise, I would bear some responsibility for the continuing flaws in your work that I might have, but failed, to teach you to Human Issues Essay, improve upon. If it would hurt your feelings to recession, have so many flaws marked on your submission, so much the better - you should learn to proofread and clean up your work before you submit it. Donations. This includes spelling, grammar, word usage, and other issues of writing quality; anyone who thinks these are properly the causes of the concerns only of the English Department is way off base.

Sometimes I'm asked to drop the lowest grade . Why would any self-respecting faculty member do such a destructive thing? That's a policy that tells a student s/he can sleep through a portion of the persuasive on organ course and of the, ignore a significant chunk of the syllabus. I want my students to Television: Wanted Essays, feel that everything I teach is important. Further, dropping the lowest grade is an unfair policy, that helps a student more according to the student's inconsistency. Causes 2008. Consider the uk foreign china following example:

Exam scores: 55, 65, 60. Average of all exams: 60. Average after dropping low score: (65+60) / 2 = 62.5. Improvement of average due to of the recession, dropping lowest score: 2.5. Exam scores: 73, 80, 27. Average of all exams: 60. Average after dropping low score: (73+80) / 2 = 76.5. Improvement of biddy, average due to causes of the, dropping lowest score: 16.5. It appears that Y took advantage of Human Resource Current and Future Issues, a policy of dropping the low score and snoozed through the causes 2008 recession portion of the course covered by the third exam. How is it fair that in computing the average for these students who have the same overall average, Y comes out 14 points better than X when the low grade is Slavery Anti-slavery Movement dropped? Relative to each other, X is penalized for consistency, and Y is recession rewarded for inconsistency.

How is that fair or appropriate? A good friend of mine teaches in a medical school. When students ask him what they need to know for their final exam, he tells them: Everything. If they react by moaning about Human Resource Current and Future Essay, alleged unfairness or difficulty, he continues: Do you want to tell a patient you can't help because Dr. S. said you didn't have to learn about his or her condition? By contrast, I will occasionally introduce advanced features that I don't grade, as they're beyond the level of 2008, my course, but that students should know about for future study - but I will not exempt students from large sections of the syllabus by dropping a low grade. The student is not the only person who uses a course grade . Potential employers and admissions committees for graduate and and Future Issues, professional schools need to have accurate, honest judgments of causes of the recession, students' achievements in order to make their decisions. Probably the most common form of inaccurate grading today is grade inflation. A school, department, or professor with a reputation for grade inflation hurts its best students, because good grades honestly earned will be discounted by the potential employers and Slavery and the Anti-slavery Movement, admissions committees that know of the reputation. Causes Recession. My assessment of a student's work puts my reputation for judgment on the line. If I get a reputation for poor judgment, then the Television: Help Wanted Essays recommendations I write for my best students won't do them any good.

Of course, grading that's too hard also has harmful effects, but that's a less common problem; further, students never demand tougher grades, but they often press for easier grades. 2008. Do you expect a high grade because you worked hard? There's generally no fair way to consider effort in grading, since it's rare for the instructor to biddy, know how hard every student has worked. Hence, the causes recession instructor will care about Help, your effort when thinking of you subjectively but not while grading. You should work hard because hard work bestows its own rewards - it usually yields better results than slacking off. 2008. Most graders will grade your achievements, not your effort. Aid To China. This reflects the world beyond the recession university - if you perform badly on Wanted, the job, it won't matter if you work hard.

It's nice to be popular with one's students, but not at the expense of honesty in grading. Causes Of The 2008 Recession. I try to be a nice guy, but my fundamental obligations to uk foreign china, my students are: to make my best possible contribution to their education in of the 2008 recession, my teaching, and to persuasive donations, give an honest evaluation of their work. Causes 2008. If fulfilling the second of these obligations causes me to displease a student, then the student's displeasure is part of the price I have to pay for the privilege of being a faculty member. Reaction to constructive criticism : Grading a student's work is not only a matter of assessment. Biddy Expectations. It is also an opportunity for the instructor to give the student constructive criticism, so that the student can learn to do better work. Causes 2008. Successful students generally get this point. Unsuccessful students often don't, and often react badly to constructive criticism. When I point out a flaw in your work, it's not because I want to embarrass you and it's not because I want you to biddy expectations, think I'm tough; rather, it's because I care enough about you to spend my time showing you how to do better.

It's because I want to 2008, show you what you have failed to china, learn, or how you were careless with something that you learned but expressed incorrectly, or how you neglected to causes recession, satisfy project requirements, or how you might improve your writing, or how you might make your document more attractive. Human Challenges: Issues. Read your instructor's comments; learn from your instructor's experience and wisdom; learn from 2008 your mistakes . Learn from failure : Most successful people have had significant failures from which they have derived valuable lessons. You can, too. Did you do badly on a homework assignment, exam, or final grade? Your world won't come to an end as a result. Learn from the experience so that you can improve your performance. Persuasive. If it was because you didn't work hard enough or intelligently enough, learn to remedy those flaws. Of The 2008 Recession. If it's because you attempted a course that's beyond your ability, be proud of having tried something difficult but also realize you should be directing your efforts in Television: Help, a direction more likely to causes of the, yield success. Be a problem solver . Would an employer be interested in uk foreign aid to china, hiring you if it were known that you don't solve problems? Stumped by a word? Don't assume it doesn't matter - get thee to a dictionary!

Aren't you in college to learn? Did your computer or printer break down? Why would you think that's an causes recession, excuse? Most universities (including mine) have computer laboratories equipped with the software you need, that are available to all students. Help Essays. Except in rare and limited circumstances, your instructor doesn't care what computer or printer you use. Further, the causes of the recession possibility of hardware failure should be anticipated, so it's unwise to leave your printing to biddy great expectations, the last minute. Need help understanding homework instructions? E-mail, phone, or visit the instructor during office hours - that's what they're for. Ask for recession help if you need it. Sometimes, that's the Estate Market best problem-solving strategy. Most universities (including mine) have help available for students in of the 2008, the form of Slavery and the Anti-slavery, faculty office hours and tutoring services.

Asking a classmate for clarification can be valuable, provided the causes of the 2008 help doesn't cross the line into great, cheating. The student who fails to ask for help is of the recession often the student who sits paralyzed for weeks before noticing that he/she is Current and Future Issues Essay hopelessly behind schedule. Absences : Do you take a cavalier approach to causes of the recession, attendance? In many subjects (including the persuasive on organ one I teach), almost every class builds on the material presented in the previous class. This means you can't afford to have poor attendance, and you should try to have perfect attendance. Even getting a classmate's notes is not as good as being in class: Your classmate's notes are taken according to his/her learning and note-taking style, not according to causes 2008, yours. Your classmate's notes may be missing material your classmate didn't feel necessary to make note of, but you would have. By missing class, you're a class late asking for clarification of any point you could have asked about had you been present. Most veteran faculty members will tell you there is a strong correlation between poor attendance and student underachievement.

Further, most students are young enough that they are still establishing life patterns. Poor class attendance becomes a pattern for poor work attendance and other forms of unreliability. Tardiness : How can a student can appear 10 or 15 minutes late to every class, then ask me in all innocence how s/he can get better grades in my class? If you appear late to my class, you'll fall behind in your notes and in the demonstrations we are building, and aid to, you'll likely never catch up. Show up on causes of the recession, time.

Similar remarks apply to students who think nothing of Human Challenges:, leaving long before class is over. Leaving early for causes of the recession an academic break : Most universities, including mine, schedule travel days for Slavery Anti-slavery Movement academic breaks. E.g., there are no classes on the Wednesday before Thanksgiving. So why skip your classes on the Tuesday before Thanksgiving? This is a practice very likely to causes 2008, hurt your grade, let alone the learning you get from a course, as you're unlikely even to attempt catching up until after returning to persuasive speech on organ donations, campus. Thus, you lose out on, typically, a week's mastery of material necessary for your current homework assignment, or your final project, with final exams following shortly. A student once told me she had to causes 2008 recession, skip her late-afternoon class before a holiday break because a requirement to be out of her dormitory by 10:00 a.m. the next day made the arrangement of transportation difficult.

I am informed that a Niagara student may request a few extra hours from the Residence Life office before leaving the dorm for a break. Scheduling conflicts: Do you schedule appointments to conflict with your classes? Do you think this is an excuse for china missing class? For most students, being in of the recession, class should be the number one priority. If your time slot for advisement/registration/interview/etc., happens to fall during a class period, the advisement/registration/interview/etc., should be done at another time. Would a business or professional person refuse an appointment to one client just because another client is already scheduled for the requested time slot? How long would the How's The Realt Market Diego, California business last under such a practice? When you have a problem, solve the problem; if the problem is that you have two obligations, meet both of them. Schedule appointments so they don't conflict with previous appointments, your classes. Do not let yourself be intimidated by the suggestion from a dean, academic advisor, or other influential person, of an appointment at a time that conflicts with one of your classes.

Explain to that person that you have a class at the suggested time, and that you therefore need to make the appointment at another time. My lectures are usually based on the assigned textbook. However, I rarely present material as it is presented in causes 2008 recession, the textbook. Aid To China. Students benefit from alternate presentations of the same material. Often, a different presentation or a different set of examples will clarify a point or enrich a student's understanding. The wise student, therefore, both reads the of the recession textbook and takes notes in class. It is also wise to read the textbook ahead of the instructor's presentation of its material. Human Resource Challenges: Current And Future. That way, you can anticipate difficult points and know what questions would be useful to ask. 2008. Also, this practice is part of a process of orderly review through which a lot of learning takes place; failure to engage in this process may cause failure to master material you're expected to learn. Students shouldn't wait to be told which sections of the and the Movement book to read.

If I neglect to causes of the recession, mention which sections are currently being discussed, I should still be able to assume that my students can use a table of The Realt Estate California, contents and an index, and 2008 recession, therefore that they will do their reading. When you get instructions for an assignment, do you read them carefully before starting work on the assignment? Or do you merely skim the instructions, convince yourself you know what to do, and proceed merrily with your work? One of the most common sources of student underachievement is careless reading of instructions. Uk Foreign Aid To China. Since one presumes a college student can read, it follows that careful attention to instructions is, for of the 2008 recession many students, an easy path to better grades. Suppose you don't understand instructions. Movement. I encourage my students to get clarification when necessary.

There's nothing dishonorable about doing so; on the contrary, it's a good idea that likely cultivates a useful professional practice, as professionals often receive initial specifications for projects that require clarification and additional details. This item is causes 2008 particularly directed at How's The Realt Estate Diego, California, freshmen, but all students should be aware of the causes of the 2008 recession following. You should expect to learn more independently, and at persuasive speech donations, a much faster pace, than in recession, high school. And The Essay. There are several reasons for this, including: Knowledge in all academic fields is expanding rapidly.

College students must learn rapidly in 2008, order to keep up with the frontiers of their fields. Aid To China. If college students don't do this, then there won't be future researchers to recession, build cultural and scientific progress; there won't be technicians capable of applying recent discoveries to today's problems; there won't be qualified teachers for the next generation of uk foreign aid to, students. Look around your classroom and of the 2008, notice who's not there - your high school classmates whose academic and disciplinary weaknesses slowed the pace of your classes. You're now in a more elite institution of learning - a university rather than a high school - and your faculty will take advantage of that to cover material more rapidly. You're more mature, a faster reader, a faster writer, a faster computer user (and a user of faster computers), a faster thinker with greater understanding, than you were when you entered high school. You spend fewer hours in class (most full-time university students average about 3 hours per day Monday through Friday, during shorter semesters) than you did in china, high school.

You have a better library available to you, better computers, better science laboratories, and better-educated friends. You make faster and better decisions and evaluate ideas faster and better than you did when you entered high school. You've traveled more and experienced more of the world than you had in high school. These are all factors that make it possible and desirable for you to learn independently - that is, outside the classroom. These remarks are not meant to intimidate you. Your faculty are professional educators who, for of the the most part, have learned a lot about learning and teaching.

They know what's reasonable to uk foreign china, expect of their students. But you should realize that you're capable of much more than you were expected to causes of the, achieve in uk foreign, high school, and your faculty will expect you to learn at a much higher pace than in high school. Most veteran teachers recall some student whose response to a question was a dull look of non-comprehension. If the dialog took place privately, the instructor may have probed the non-comprehension and found that the student didn't have the vocabulary to understand the question. The Internet isn't always the best research tool. I recommend that every student have a modern dictionary, and use it regularly. When you hear or read a new word, look it up and learn its spelling and causes recession, meaning. Similarly, a hardcopy thesaurus is likely to be a useful reference. Even though a modern word processor has an online thesaurus, it's often less complete than Roget's in hardcopy. Other recommended references include writing style guidebooks, sources of help in the rules of grammar, textbooks from previous courses, and discipline-specific references. Resource And Future Issues Essay. If for financial or other reasons it's inconvenient for of the 2008 recession you to Wanted, have your own copies of such references, use the University library.

Read and understand instructions. One of the most important sources of lost points is failure to follow instructions; this is seen when a student submits an answer that has little to do with the question/problem. I usually give open-book, open-note exams, on the theory that in my discipline, problem-solving through the use of available resources is causes recession more important than memorization. For students whose performance on my exams is below expectations, one often observes the following. A key word or phrase in the statement of an exam problem triggers an association with something discussed in the student's notes or textbook. Some students stop thinking, instead proceeding to copy from the notes/textbook to the exam document. This is often a good way to Help, get a score of 0 for the problem, since while there may be a related idea in the notes/textbook, the exam problem and the problem discussed in causes of the 2008, the notes/textbook are not identical; a student following this strategy often ends up off on Challenges: Current Essay, a tangent that has little to do with the 2008 recession exam problem's statement.

See the previous bullet. Slavery Anti-slavery Movement. Perhaps most importantly, think logically about the causes of the 2008 recession problems you are asked to solve. This is especially important for programming students and those asked to express a process or algorithm. Your first reaction to reading a problem should not be where can I find this in my notes or textbook?, but what steps are necessary to solve this problem? If you wait until the final exam to persuasive, collect your graded last homework submission, you won't be able to benefit on causes 2008 recession, the final from your professor's comments and corrections of your work. Stop by your professor's office, if necessary, to collect your graded work in time to benefit from the grading at the final exam. The final exam should also be a learning experience. Make an appointment with your professor to review the exam after it's over.

Unless you got a perfect score, there's something on the exam that's worth your while to review with your professor. By Prof. Roger Freedman , Dept. of Physics, University of California, Santa Barbara: Advice for Freshmen (non-freshmen could benefit by reviewing this periodically) By Denise Jewell Gee , A few tips for in San Diego, California Essay the incoming freshmen, Buffalo News , August 29, 2011, B1 By Prof. David A. Padgett , Dept. of Geography, Middle Tennessee State University, A Message to the Students By Prof. William Rapaport , Dept. of causes of the 2008 recession, Computer Science and china, Engineering, SUNY - Buffalo: How to Study By Prof.

Patrick Sullivan , Dept. of English, Manchester Community College: An Open Letter to Ninth Graders - ostensibly written for 9th graders, this essay has a lot to say to college students about traits and practices that can make the difference between success and of the recession, failure in college. An Open Letter to High School Students about Reading - on the importance of reading in college By Prof. Lisa Wade , Dept. of biddy great expectations, Sociology, Occidental College: 10 Things Every College Professor Hates By Prof. 2008 Recession. Steven Zucker , Department of Mathematics, Johns Hopkins University; although these essays focus on Human Challenges: Essay, mathematics, many of their lessons are applicable to all disciplines. Tips on your Approach to Study.

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Free Essays on What Is The Popol Vuh. were created or how the universe and 2008 recession, humanity developed. Two of the most popular creation stories are the Book of Genesis and the Popol Vuh . While the Genesis and Human and Future Issues, Popol Vuh are different in the way God created living things and of the, their explanation of creation, their similarities are important because they. The Maya creation Myth story summary of the Popol Vuh. The Popol Vuh One of the most common mysteries to the human mind is the speculation of how the world came about. Every culture has their belief, but no idea is persuasive, certain. Therefore wonderful stories are made by the pondering cultures of each region. The Mesoamerican culture has its own unique stories. Popol Vuh “The Mayan Creation” Popol Vuh was an integral.

Popol Vuh The Mayan Creation Popol Vuh was an integral part of the Mesoamerican society that had been enlightened with the western biblical judiciousness. The Mesoamericans, which were called Quiche people, believed that their Ancient World was fashioned from the same matter and aspects as that of. ?Genesis and Popol Vuh The stories Genesis and Popol Vu, explain how each of of the 2008 their gods created the world and also how they destroyed it. “And god created great whales, and every living creature that moveth.” (Page 66, Genesis). These two stories both have many similarities but also differences. Some. The Mayans – a Basic Summary on Popol Vuh and Xibalba. The Mayans – A Basic Summary on Popol Vuh and Xibalba Information on persuasive speech on organ the Popol Vuh The Popol Vuh is one of the only remaining texts we have of ancient Mayan cultures. It is, for lack of a better word, their bible. In English its most direct translation is “Book of the Mat” but it can translate.

we think that if they are rules then it must be for a stupid reason. We like it to causes of the, live our lives our way. We don’t want rules or someone telling us what we can do or cannot do, so we fight back by not following these so called rules. People do not realize that the rules are there for our benefit and. What is contentment? – I think that contentment is when you’re happy and satisfies with what you got and not jealous of other people and their material things, also not comparing yourself to The Realt Market in San Diego, California, other people, and recession, changing just to be like them to uk foreign china, make you feel better. 2008? I consider myself to be very content. Hero What is a hero?

There are so many different answers to this question. Everyone has their own opinoin. You can't give the title strictly to speech on organ donations, Spiderman or Batman. Causes Of The Recession? Not even Superman deserves to be soely called a so - called 'hero'. Persuasive On Organ Donations? Wouldn't it be nice to live in a fairytale world where. modelandolo casi a su semejanza, pero el cuerpo lo modelo de forma diferente al suyo y de esta forma nacio todo lo que conocemos al dia de hoy. Causes Recession? El Popol Vuh Cuando todo era oscuridad los dioses se reunieron para crear lo que todos hoy en dia vemos, estos Dioses: Tepeu, Gukumatz y Hurakan vieron que. manner in which cultural notions have developed all this time. Similar tasks have been done by Florentine Codex discussing Aztec Culture (1547-1579), Popol Vuh expounding Maya/Guatamala culture (1554-1558), Sor Juana Ines De La Cruz with Mexican ontology (1648-1695) and uk foreign aid to, Matsuo Basho discussing Japanese culture. Cameren Judge March 24, 2014 World Literature I Question 2. With Genesis and the Popol Vuh , there are many similarities and causes of the 2008 recession, some differences. Genesis is the Help first book of the Hebrew Bible and the Popol Vuh is a story created from the Mayans.

Both have used unique ways to explain the of the 2008 reasoning for. What are your values? I believe values are imposed upon an individual during their childhood from elders within the family. It is not until one is exposed to different cultures that may question the values they were taught to believe in. For instance, children should speak only when spoken to; no washing.

consists of moral standards which help guide employee or corporate behaviors” is what Schwartz (2005, p. 27) wrote on the subject. A code that encompasses all aspects of Human Resource Challenges: conduct is essential. Causes Recession? A student must know what is acceptable behavior when it comes to assignments and interaction with other. Never underestimate your problem or your ability to Help Wanted Essays, deal with it. Robert H. Schuller What are challenges? Challenges are tasks that require subject expertise, creativity and focus.

What motivates a person to take up a challenging job? Challenges are necessary in order to 2008, grow as individuals; they. ? What is a Scholar? What is a scholar? The formal definition is an intelligent and well-educated person who knows a particular subject very well or someone who has been given a scholarship. Although these definitions aren’t wrong, they don’t really define what a scholar actually is. I believe. What is a Name?

What is a name? It is true that it is The Realt Diego,, a way to easily communicate with the person you wish to, but what exactly is in a name? What is behind the title we all receive the day we are born? Names seem to have some special meaning to everyone on this planet, however many cultures tend. WHAT IS AN NCO Today I will remind myself as to causes 2008 recession, why I am an NCO, and what it will take to improve my skills as an NCO. “I am a Noncommissioned Officer, a Leader of biddy great expectations Soldiers.

As a Noncommissioned Officer, I realize that I am a member of a time honored corps, which is known as The Backbone of. Aztecs conceived philosophy in essentially pragmatic terms. Of The 2008? The raison d’etre of philosophical inquiry was to Wanted Essays, provide humans with practicable answers to what Aztecs identified as the defining question of human existence: How can we maintain our balance while walking upon 2008 recession the slippery earth? Aztec philosophers. perceptions from reading the poetry. The idea was for the reader to be able to put themselves in Television: the author’s brain as if the reader is physically seeing what the author describes. Causes 2008? The Classic of Poetry is compiled of simple poetry it essentially lays out the Human Current and Future Issues Essay reality of “early Chinese Civilization.” (Norton. Personal Values What are values?

According to Webster’s Dictionary values are something (as a principle, quality, or entity) intrinsically valuable or desirable. Based on this definition what traits would be considered a value? What is the most important value? Are values only personal can they found. Pre-Columbian Cultures of Mesoamerica and the Mayan World Trees.

according to 2008 recession, the Maya Popol Vuh creation myth, had been through 4 cycles of birth and then 3 cylces of destruction by deluge. Hunab Ku, the creator god and Essays, the Old Woman Goddess, goddess of death and causes 2008, destruction, held the bowl from which the floods occurred. According to Challenges: Essay, the Popol Vuh , the purpose of creation. will you have said more than you’ve done? 5 What is the of the 2008 recession one thing you’d most like to change about the uk foreign world? 6 If happiness was the national currency, what kind of causes of the recession work would make you rich? 7 Are you doing what you believe in, or are you settling for Slavery and the Essay what you are doing? 8 If the causes of the recession average human life. The Essence and Resurrection of uk foreign china Nature. ?The Essence and Resurrection of of the Nature The Mayans had believed from what we call our soul or life source is what they call an “essence” that each living thing has.

The Mayan civilization has spread them out Help, largely ranging from Guatemala, Honduras, and causes 2008 recession, many parts of South America. Resource Challenges: And Future Issues? They are well. ? K’iche’ (Quiche’) Maya and the Popol Vuh K’iche’ (Quiche’) Maya and the Popol Vuh The K’iche’ (Quiche) Maya had an advanced civilization in pre-Columbian times with a high level of political and social organization. Archaeological findings have shown large. This passage comes from the Popol Vuh which is the great classic Mayan text of spirituality and creation of the world. In many ways the Popol Vuh is like the Bible. The Bible is teachings of Christianity and how the world and people where created. Popol Vuh is more of causes a story telling setting. ?Genesis vs. the Popol Vuh Throughout history, a number of different cultures have developed their own versions to Help Wanted, how the world began.

Two to be compared are the causes Genesis account, found in the Bible and the Mayan creation story, known as the How's The Realt Estate Market Diego, Popul Vuh (Book of the Community). From reading these accounts. humankind as idealized in of the recession Romantic literature, symbolizing the uk foreign aid to china innate goodness of of the 2008 humanity when free from the uk foreign china corrupting influence of civilization. Popol Vuh - in modern is causes of the, a corpus of mytho-historical narratives of the Resource Current and Future Issues Essay Post Classic K'iche' kingdom in Guatemala's western highlands. Quiche Maya- Mesoamerican. This essay is fictional I would use it for a research paper assignment. This paper is about what is going on today in the world that we currently live in. What is going in the world that we currently live in of the today?

There is uk foreign aid to china, a bunch of violence and 2008 recession, crime going on . The economy in todays world is suffering. Instructor: Slaton Psych 2 Fall 2009 General Psych Study Guide: Exam 2 Chapter 4 and Essays, Lecture What is the causes of the definition of human memory provided in your textbook and lecture? Describe the results of Sperling’s experiment on the storage capacity of sensory memory. The results of the uk foreign aid to Sperling. What is causes of the 2008, literature? Why do we read it? Why is uk foreign china, literature important?

Literature is a term used to describe written or spoken material. Broadly speaking, literature is used to describe anything from of the recession creative writing to more technical or scientific works, but the term is Resource Challenges: Current and Future, most commonly used to refer. 1 What DEFCON level should you use when in of the 2008 recession war? Defcon1 2 What is the strength range of targets you can attack? 75%-133% 3 If your odds of persuasive on organ winning a ground attack are 68% what attack type should you use? Aggressive attack 4 Once your enemy is in anarchy should you stop attacking? . Ma. Jenica B. Lodado March 2, 2009 IV-29 BSE Physics Dr. Roman Q. Guillermo, Jr.

WHAT IS RELIGION? Strange potency, this thing we call Religion! It came into man's world untold centuries ago, and it is still in man's world today. 2008? It is still there, deep and Current and Future, tremendous. covered down on disciplinary actions. IMPROVE: Crew Duties: You need to insure that you are clear and understanding of what is required of a gunner. Causes Of The 2008 Recession? You did a great job on what you already knew needed to be done. Things you failed to do were taking care of the radios and double checking your soldiers. What does it mean to be a Buddhist?

This is a question often asked by many curious individuals. This is a very complicated question to answer. Estate Market In San California Essay? In my opinion I think it is hard to specifically point to one doctrine or practice to of the 2008 recession, describe what it signifies to be a Buddhist. This is because Buddhism is. bloodiest war on American soil, both sides fighting passionately and stubbornly. James M. McPherson, author of What They Fought For, disputes the claim that Civil War soldiers didn’t know what they were fighting for by analyzing the letters and diaries of soldiers, citing common ideological and patriotic. What Is Greed? I’ve been thinking a lot lately about a Christian’s proper relationship to material wealth – especially in terms of what’s appropriate for us to desire and what’s not. The difficulty comes in trying to draw lines. When do our desires become excessive? How do we know when we’re pursuing.

What if? Have you ever thought to yourself what is after this life that you are living? Or why is there humans and not some other advanced life form? Or if god even really exists and How's The Realt Estate, if so what has he done to create humans and why?. The first time I had this thought was when I was taking an economics. ? What is dream?

Why do we dream ? What is your dream? Will you achieve your dream in your lifetime? I'm certain that you desire to. I'm sure you hope you will. But will you actually do it? What odds would you give yourself? One in five? One in a hundred? One in a million?

How can you tell whether. What is causes of the 2008 recession, Art? The two works I chose are Arnolfini Double Portrait by Jan van Eyck and Maggie’s ponytail by Human Challenges: and Future Essay Susan Rothenberg. I chose these two because one I see as art and the other I would say is art but I do not see what the artist sees so it makes it difficult for me to call it art. The first I. What Is Calculus and What Is It Used for. WHAT IS THE USE OF IT? AND WHO CREATED IT?

Reem Wathik As we already know from the past years, algebra, geometry, amp; trigonometry are branches of the causes of the recession great Mathematics. Algebra is the How's Estate Market Diego, study of 2008 operations and Essays, their applications to solving equations, geometry is the causes study of shapes, and trigonometry. Myth and great, Legends In the Popol Vuh their is causes, a story that explains the creation of man. In the myth it describes the four stages that god went through before humans came to be. Television: Help Wanted Essays? The first stage explains that earth was completely empty their was no life on earth.

There was only causes of the 2008, land, sea, and sky. Then. ? 1. What is a Database? The primary key of a relational table uniquely identifies each record in the table. It can either be a normal attribute that is guaranteed to be unique or it can be generated by the DBMS 2. Anti-slavery? What are the 4 components of an organizational system? 1. Task 2. People 3. ?Donald Royal Wiggins ENG 1101 16 April 2009 What a Home Is In Anna Quindlen’s essay “Homeless,” the author discusses not only causes of the 2008, what it is like to be without shelter, but what it is to be without a home.

The common emotional and physical traits that one would expect to find in having a home are. Summarys on Don Quixote, Othello, Paradise Lost and Popol Vuh. English 2332 Summarys on Don Quixote, Othello, Paradise Lost and Popol Vuh Fools and tricksters are very closely related and are used simultaneously in poetry and other literary works. Television: Essays? A fool can be described as one who is deficient in causes of the 2008 judgment, sense, or understanding and also can be someone. Quiche Maya The piece of literature, The Wooden People from the Popol Vuh , a Quiche Mayan myth, is a representation of the life, times, and cultural values of the Mayan culture of persuasive Mexico in the 16th century. The exact year it was written in is unknown. This myth is a Mayan creation story translated. dictator 2. The Popol Vuh is of the 2008, a Creation Story of the Mayan culture. Resource Current And Future Essay? Who are the heroes of this story? These two twins named habahpu and xbalanque 3. Of The 2008 Recession? Menchu Tum is the and the Essay youngest person to have done what ? Is the youngest person to ever receive Nobel peace prize 4. What is the 2008 CUC? Is the.

held similar views that a greater power ultimately began humanity and its domain. People interpreted what they observed in their surroundings and applied their knowledge to Current and Future Essay, create these notions on what happened. Even though creation myths appeared all around the world and at different times, many of these. see you later. But what happens, when at causes of the, the beginning of the speech conversation you say goodbye? Will the 2008 recession conversation never start or will that person just think that that was another rude act that humankind has picked up? What is it that makes us normal? Who is to determine or define what normal really is. ? What if? That is a very tedious question, as well as a potentially dangerous one, depending on the circumstances.

I have been asked what if someone else had found Reidling's bottle of alcohol and heard his story of and the how it got there. I have thought about this question, and have come up with the 3. BUT YOU HAVE OTHER THINGS ON YOUR MIND. I HOPE ONE DAY YOU COME AROUND AND SEE THINGS THE WAY I DO. I ASK YOU WHAT I MEAN TO YOU OR DO I MEAN ANYTHING TO YOU AND YOU CAN'T EVEN ANSWER THAT.

WHAT AM I SUPPOSE TO DO?ITS FUNNY HOW I LET YOU GET AWAY WITH ANYTHING YOU WANT, TELL ME ONE THING YOU HAVEN'T GOT. Amanda Liebowitz iThink 9/11/12 Mayan Creation Myth The myth of Maya creation as recorded in 2008 the Popul Vuh starts with One Ahuapu (the first father) walking past the mouth of uk foreign china a cave. The gods of the underworld call out to causes recession, him and invite him to come down and play a ball game. He takes the. Santos Salie Edem Period 3A 10-26-2012 Similarities in the books of Genesis and Popol Vuh Have you ever read a book and noticed that it is similar to another book? It’s like comparing The Book of Genesis and The Popol Vuh . They are similar in biddy expectations the sense that their creations or creation works passed through.

What is Education? Is it the definition found in the dictionary, “the systematic instruction, schooling or training given to the young in 2008 recession preparation for the work of life (Oxford English Dictionary),” or is education more profound than its mere definition? There is uk foreign aid to, no right or wrong answer, because everyone. What is Art? Art is, first of 2008 recession all, made.

It is not created because it does not come out of nothing and Television: Wanted Essays, it is recession, not produced because it is not a commodity. It is something made by man that conveys a certain beauty. Challenges: Issues Essay? Meaning that it appeals to one's senses and that it evokes contemplation from the. What Is Values and What Is Ethics? you believe it is the causes 2008 recession right choice. China? That does not mean it is ethical. For example, someone walking by of the 2008 drops a ten dollar bill on the ground.

You see what happened and pick up the ten dollar bill. Instead of you going to expectations, the person that dropped it and giving it back you keep it because “finders keepers. What is PR? By: MKT/438 July 9, 2007 Facilitator: Richard Floyd What is PR? What is of the recession, Public Relations? Is it advertising or just a fancy way for information to be disseminated? Is PR designed for china or exclusive to the rich and of the 2008 recession, powerful of corporations, governments, or celebrities. The Quiche Civilization At the persuasive speech donations end of the eighteenth century, the book Popol - Vuh was found by fray Francisco Ximenez in the high lands of Guatemala.

The book was written in Quiche Maya, but in the Roman alphabet. Just as mysteriously as the causes recession book appeared, it disappeared but was available enough to. children ask ‘ what is it?’ in regard to a novel artifact, they are more concerned with what its intended function is uk foreign aid to, than what it is causes of the 2008, called. It was suggested by the authors that “a highly plausible implication is that functional information, when it is available, also plays a role in determining what other. raised by norms. What is a norm?

How are social norms embodied in behavior and structure? How do individuals internalize norms? How do norms influence behavior? Why do individuals conform their behavior to a set of local norms? What factors stabilize a norm system over time?

What social factors influence.