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#11
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Is there any proof that Usenet is still international?
On 2017-09-25, Poutnik wrote:
Dne 25.9.2017 v 16:57 Whiskers napsal(a): On 2017-09-24, Mr. Man-wai Chang wrote: Many ISPs have already killed their Usenet service and servers! So how could you be sure that Usenet is still that Usenet? Are we only accessing a local Usenet within our country of residence? You claim to be in Hong Kong. I say that I am not. We're both using news-servers (different ones) which are, or might be, in Germany, where neither of us is. Probably. We all are in Hong Kong. It is just our configuration file in the Matrix, that says we are somewhere else. :-D -D The simulation of not-Hong-Kong which I experience is pretty convincing. -- -- ^^^^^^^^^^ -- Whiskers -- ~~~~~~~~~~ |
#12
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Is there any proof that Usenet is still international?
On 9/25/2017 5:20 PM, Richard Heathfield wrote:
On 25/09/17 21:56, Jenny Telia wrote: On 25/09/2017 21:12, Anders Eklöf wrote: Richard Heathfield wrote: On 25/09/17 03:32, John Doe wrote: Since communist China prohibits such things, like YouTube, Twitter, and Facebook, it might seem otherwise to you. Besides Americans, there are plenty of Europeans posting here. And a few Englishmen (see sig). Brexit or not, you´re still European :-) No he is not. He is a Bexiter. Mr. Heathfield voted not to be European. You're right, Jenny - I did. You have a good memory! But, as you possibly already know, I have never considered England to be part of Europe. God put the English Channel there for a reason. If you don't like my reactionary stance on this subject, I have plenty of other reactionary stances to choose from. For example, don't get me started on education. Or software. Or freedom of speech. Or conspiracy theorists. Or indeed cabals. Or secr+"¬&44)0qJ.{\a\a\a@ +++ NO CARRIER He is an Englishman! For he himself has said it, And it's greatly to his credit, That he is an Englishman! For he might have been a Roosian, A French, or Turk, or Proosian, Or perhaps Itali-an! But in spite of all temptations To belong to other nations, He remains an Englishman! He remains an Englishman! (https://www.youtube.com/watch?v=G6oSVkv_Qy8 if you really don't know this already....) |
#13
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Is there any proof that Usenet is still international?
On 2017-09-24, Mr. Man-wai Chang wrote:
Are we only accessing a local Usenet within our country of residence? Certainly not in my own case! In Australia Usenet is for the most part unavailable so I subscribe to individual.net in Germany. Mind you to get over the slight lag I build a small spool with slrnpull... Andrew -- Do you think that's air you're breathing? |
#14
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Is there any proof that Usenet is still international?
On 26 Sep 2017 07:52:35 GMT, andrew wrote:
On 2017-09-24, Mr. Man-wai Chang wrote: Are we only accessing a local Usenet within our country of residence? Certainly not in my own case! In Australia Usenet is for the most part unavailable so I subscribe to individual.net in Germany. Mind you to get over the slight lag I build a small spool with slrnpull... I use Giganews in the US. Has the added benefit of keeping the kOOks guessing as to my exact location. Shill #2 -- My favorite thing about the Internet is that you get to go into the private world of real creeps without having to smell them. - Penn Jillette |
#15
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Is there any proof that Usenet is still international?
On 2017-09-26, Government Shill #2 wrote:
I use Giganews in the US. Has the added benefit of keeping the kOOks guessing as to my exact location. Mind you the advantage of individual.net over Giganews is that individual.net does not hold binary groups Andrew -- Do you think that's air you're breathing? |
#16
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Is there any proof that Usenet is still international?
On 26 Sep 2017 22:17:31 GMT, andrew wrote:
On 2017-09-26, Government Shill #2 wrote: I use Giganews in the US. Has the added benefit of keeping the kOOks guessing as to my exact location. Mind you the advantage of individual.net over Giganews is that individual.net does not hold binary groups Might check it out. Shill #2 -- Them Pay Section Disinformation Directorate Ministry of Information Antipodean Division |
#17
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Is there any proof that Usenet is still international?
On Wed, 27 Sep 2017 08:11:56 +1000, Government Shill #2
wrote: On 26 Sep 2017 07:52:35 GMT, andrew wrote: On 2017-09-24, Mr. Man-wai Chang wrote: Are we only accessing a local Usenet within our country of residence? Certainly not in my own case! In Australia Usenet is for the most part unavailable so I subscribe to individual.net in Germany. Mind you to get over the slight lag I build a small spool with slrnpull... I use Giganews in the US. Has the added benefit of keeping the kOOks guessing as to my exact location. I tend to use Datemas. When it has problems, which is becoming more common, I use eternal-September. Both are located in Germany. -- Shill #3. Strategic Writer, Psychotronic World Dominator and FEMA camp counselor. https://c2.staticflickr.com/4/3618/5...202191d3_b.jpg All hail the taco! http://www.taconati.org/ |
#18
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Is there any proof that Usenet is still international?
On 9/27/2017 3:10 AM, KWills Shill #3 wrote:
On Wed, 27 Sep 2017 08:11:56 +1000, Government Shill #2 wrote: On 26 Sep 2017 07:52:35 GMT, andrew wrote: On 2017-09-24, Mr. Man-wai Chang wrote: Are we only accessing a local Usenet within our country of residence? Certainly not in my own case! In Australia Usenet is for the most part unavailable so I subscribe to individual.net in Germany. Mind you to get over the slight lag I build a small spool with slrnpull... I use Giganews in the US. Has the added benefit of keeping the kOOks guessing as to my exact location. I tend to use Datemas. When it has problems, which is becoming more common, I use eternal-September. Both are located in Germany. My goodness Kenty, shall we tell them all about YOU? http://www.iowacourts.state.ia.us http://www.iowacourts.state.ia.us/ES...p/DefaultFrame ( Start a case search here. ) http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame ( Trial Court - Case Search ) http://www.iowacourts.state.ia.us/ES...TrialSimpFrame ( Wills (Tab key) Kent (Tab key) Bradley (Search) ) http://www.doc.state.ia.us/InmateInf...nderCd=1155768 Name Kent Bradley Wills Offender Number 1155768 Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact Offense BURGLARY 2ND DEGREE County Of Commitment Polk Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009 * TDD = Tentative Discharge Date * SDD = Supervision Discharge Date Supervision Status Offense Class County of Commitment End Date Probation Aggravated Misdemeanor Polk Probation C Felony Polk Supervision Status Offense Class County of Commitment End Date Probation Aggravated Misdemeanor Polk 11/25/2003 http://www.judicial.state.ia.us/Supr...Kent+Wills+#_1 IN THE SUPREME COURT OF IOWA No. 31 / 04-0202 Filed May 6, 2005 STATE OF IOWA, Appellee, vs. KENT BRADLEY WILLS, Appellant. Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. Defendant appeals claiming ineffective assistance of counsel. AFFIRMED. Linda Del Gallo, State Appellate Defender, and Tricia Johnston, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, John P. Sarcone, County Attorney, and John Judisch, Assistant County Attorney, for appellee. WIGGINS, Justice. Kent Wills appeals his conviction for second-degree burglary contending that an attached garage is a separate occupied structure from that of the living quarters of the residence. In this appeal, we must determine whether trial counsel was ineffective for (1) failing to move for judgment of acquittal on the basis there was insufficient evidence to convict Wills of second-degree burglary when he entered an attached garage of a residence when no persons were present in the garage, but when persons were present in the living quarters; and (2) failing to object to a jury instruction based on this same argument. Because we find there was no legal basis for the motion for judgment of acquittal or the objection to the jury instruction, Wills' trial counsel was not ineffective. Accordingly, we affirm the judgment of the district court. I. Background Facts and Proceedings. Around 1 a.m., an Ankeny resident called the local police to report that a car alarm sounded in the resident's neighborhood. The city dispatched a police officer to the location. Observing nothing unusual, the officer left the area, only to be stopped a couple of blocks later by a person who informed the officer he had witnessed someone running from the area of the car alarm. As the officer started driving back to the area of the car alarm, he noticed a person walking on the sidewalk. The officer asked the person, a minor, if he had noticed anybody running from the area. The minor answered that he had not. While the officer and another officer were speaking to the minor, another resident of the neighborhood arrived in her car and informed the officers that she had observed two people, one of whom was heavy set with a blinking light on his back pocket, walking in the area of her neighbor's residence. She observed the heavier-set individual, later identified as Wills, enter her neighbor's attached garage through an unlocked service door. She further observed a smaller individual standing by a van parked in the neighbor's driveway. The officers eventually let the minor leave even though they found a large amount of coins, a flashlight, and an electronic pocket organizer in his pockets. After releasing the minor, the police officers drove to the residence where the neighbor observed the two suspicious people and woke the owner. The owner, his wife, and two daughters were in the residence sleeping at the time. After a search of his vehicles, the owner discovered change and an electronic pocket organizer were missing from the vehicles. The owner's daughter reported a diamond ring and some change were missing from her vehicle. The officers then contacted the minor's parents, who informed the officers the minor was with Wills. After the officers questioned the minor again, he admitted his involvement in the theft and implicated Wills in the burglary. Although Wills denied involvement in the burglary, the officers arrested him. The State filed a trial information charging Wills with second-degree burglary. The State later amended the information to include two additional charges of burglary in the third degree and using a juvenile to commit an indictable offense. The jury returned a verdict finding Wills guilty of the crimes of burglary in the second degree, burglary in the third degree, and using a juvenile to commit an indictable offense. Wills appeals his conviction for second-degree burglary claiming ineffective assistance of counsel. II. Scope of Review. Claims of ineffective assistance of counsel are derived from the Sixth Amendment of the United States Constitution. Strickland v. Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed. 2d 674, 691-93 (1984). Our review for a claim involving violations of the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100 (Iowa 2004). We normally preserve ineffective-assistance-of-counsel claims for postconviction relief actions. State v. Carter, 602 N.W.2d 818, 820 (Iowa 1999). However, we will address such claims on direct appeal when the record is sufficient to permit a ruling. State v. Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the present case is sufficient to allow us to address Wills' ineffective- assistance-of-counsel claims on direct appeal. In order for a defendant to succeed on a claim of ineffective assistance of counsel, the defendant must prove: (1) counsel failed to perform an essential duty and (2) prejudice resulted. Id. Prejudice results when "there is a reasonable probability that, but for the counsel's unprofessional errors, the result of the proceeding would have been different." State v. Hopkins, 576 N.W.2d 374, 378 (Iowa 1998) (quoting Strickland, 466 U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698). Wills' arguments also raise issues of statutory interpretation, which we review for correction of errors at law. State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004). III. Analysis. To find Wills guilty of burglary in the second degree, the State had to prove Wills perpetrated a burglary "in or upon an occupied structure in which one or more persons are present . . . ." Iowa Code § 713.5(2) (2003) (emphasis added). In this appeal, Wills first contends his trial counsel was ineffective for failing to move for a judgment of acquittal on the basis there was insufficient evidence to support a finding that at the time Wills entered the garage, there were persons present in or upon the occupied structure. Wills concedes the garage was an occupied structure, but argues the living quarters and the attached garage are separate and independent occupied structures; therefore, the jury could not have found there were people present in the attached garage at the time of the burglary. The Code defines an "occupied structure" as: [A]ny building, structure, appurtenances to buildings and structures, land, water or air vehicle, or similar place adapted for overnight accommodation of persons, or occupied by persons for the purpose of carrying on business or other activity therein, or for the storage or safekeeping of anything of value. Such a structure is an "occupied structure" whether or not a person is actually present. Id. § 702.12. Wills relies on State v. Smothers, 590 N.W.2d 721 (Iowa 1999), to argue the garage and the living quarters are separate and independent occupied structures. In Smothers, two separate and distinct businesses connected by interior fire doors were operated in the same structure. 590 N.W.2d at 723. We held the defendant committed two burglaries by entering each business because "[t]he facility's construction history and physical make-up demonstrate that the portions are independent working units which constitute '[a] combination of materials to form a construction for occupancy [or] use.'" Id. Smothers is not at odds with the present case because the living quarters and the garage are not separate or independent units of the residence. Our review of the record reveals the garage in question was a three- car attached garage separated from the living quarters by a door. The same roof covered the garage as the rest of the residence. The living quarters surrounded the garage on two sides. It was structurally no different from any other room in the residence. The garage was a functional part of the residence. On the night of the incident, the door was unlocked. The owner of the residence used two stalls in the garage to park the family vehicles. The owner used the third stall for his motorcycle. As such, the garage and the living quarters are a single "structure" or "building" functioning as an integral part of the family residence. Thus, the residence including the garage is a single "occupied structure" under section 702.12. See, e.g., People v. Ingram, 48 Cal. Rptr. 2d 256 (Ct. App. 1995) (holding defendant's entry into an attached garage constituted first-degree burglary because the garage was attached to the house; therefore, burglary of the garage was burglary of an inhabited dwelling house); People v. Cunningham, 637 N.E.2d 1247, 1252 (Ill. App. Ct. 1994) (holding "ordinarily an attached garage is a 'dwelling' because it is part of the structure in which the owner or occupant lives"); State v. Lara, 587 P.2d 52, 53 (N.M. Ct. App. 1978) (holding "burglary of the [attached] garage was burglary of the dwelling house because the garage was a part of the structure used as living quarters"); People v. Green, 141 A.D.2d 760, 761 (N.Y. App. Div. 1988) (holding "[s]ince the garage in the present case was structurally part of a building which was used for overnight lodging of various persons, it must be considered as part of a dwelling"); White v. State, 630 S.W. 2d 340, 342 (Tex. Ct. App. 1982) (holding an attached garage under the same roof as the home would be considered a habitation within the purview of the penal code because the garage is a structure appurtenant to and connected to the house); State v. Murbach, 843 P.2d 551, 553 (Wash. Ct. App 1993) (holding the definition of a dwelling under Washington's burglary statute included an attached garage). Had Wills' trial counsel moved for a judgment of acquittal on the basis there was insufficient evidence to support a finding that at the time Wills entered the garage there were no persons present in or upon the occupied structure, it would have been overruled by the court because the owner and his family were present in the residence at the time of the burglary. Wills also claims his counsel was ineffective for failing to object to the jury instruction used by the district court on the same ground; that the living quarters were a separate and independent occupied structure from the attached garage. The instruction as given stated: The State must prove all of the following elements of Burglary in the Second Degree as to Count I: 1. On or about the 12th day of August, 2003, the defendant or someone he aided and abetted broke into or entered the residence at . . . . 2. The residence at . . . was an occupied structure as defined in Instruction No. 29. 3. The defendant or the person he aided and abetted did not have permission or authority to break into the residence at . . . . 4. The defendant or the person he aided and abetted did so with the specific intent to commit a theft therein. 5. During the incident persons were present in or upon the occupied structure. If the State has proved all of the elements, the defendant is guilty of Burglary in the Second Degree. If the State has failed to prove any of the elements, the defendant is not guilty of Burglary in the Second Degree and you will then consider the charge of Attempted Burglary in the Second Degree explained in Instruction No. 21. (Emphasis added.) Wills' claim is without merit. As we have discussed, the residence is the one and only "occupied structure" under the facts of this case. Had Wills' trial counsel made this objection to the instruction, it would have been overruled. Therefore, Wills' trial counsel is not ineffective for failing to move for a judgment of acquittal or objecting to the instruction because there was no legal basis for the motion or objection. See State v. Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was not ineffective for failing to raise an issue that has no merit). IV. Disposition. We affirm the judgment of the district court because Wills' trial counsel was not ineffective for failing to raise meritless issues. AFFIRMED. |
#19
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Is there any proof that Usenet is still international?
On 30/9/2017 12:36 AM, Colonel Edmund J. Burke wrote:
On 9/24/2017 10:34 AM, Mr. Man-wai Chang wrote: Many ISPs have already killed their Usenet service and servers! So how could you be sure that Usenet is still that Usenet? Are we only accessing a local Usenet within our country of residence? Who the **** cares? At least, me! It's just curiosity. There was never a proof that Usenet was international even in its golden days? Why are you still here then? Shouldn't you have snipped and dropped Usenet? -- @~@ Remain silent! Drink, Blink, Stretch! Live long and prosper!! / v \ Simplicity is Beauty! /( _ )\ May the Force and farces be with you! ^ ^ (x86_64 Ubuntu 9.10) Linux 2.6.39.3 不借貸! 不詐騙! 不援交! 不打交! 不打劫! 不自殺! 請考慮綜援 (CSSA): http://www.swd.gov.hk/tc/index/site_...sub_addressesa |
#20
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Is there any proof that Usenet is still international?
On 29 Sep 2017, Mr. Man-wai Chang wrote
(in ): On 30/9/2017 12:36 AM, Colonel Edmund J. Burke wrote: On 9/24/2017 10:34 AM, Mr. Man-wai Chang wrote: Many ISPs have already killed their Usenet service and servers! So how could you be sure that Usenet is still that Usenet? Are we only accessing a local Usenet within our country of residence? Who the **** cares? At least, me! It's just curiosity. There was never a proof that Usenet was international even in its golden days? Because it wasn’t that international as you might remember. Apart from the language barrier, back in the days most servers (at least in Poland) only carried national hierarchies, no big 8, and had IP range limits for users. Also the connectivity to Western Europe and the US was so bad most people never visited their servers anyway. I’d say usenet only got more international. Why are you still here then? Shouldn't you have snipped and dropped Usenet? -- Chemical engineers do it in packed beds. |
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