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2018 Archives


Trump's First State of the Union and the Rise of Totalitarianism


Blythe CA Ehrenberg AZ

January 30, 2018


Donald Trump will delivery his first State of the Union this evening. I will respond to his speech within the first week of February. The lack of apperception and volition of the past six Presidents Reagan Trump has increased the strength of Totalitarianism in the United States and abroad. Over 30 years of Chemical Assault and Scorched Earth have transpired. An informant based population signals the death of the nation then the state. The Syrian Civil War has killed perhaps 300,000 and counting with very little stability in view. Afghanistan is week as the Taliban regroup. Separatists in Yemen have seized the capital today.


If the police fall the population will fall. Over 63,000 persons were killed by opioids last year. Thirty years is a generation and there is no end in site in the United States.


Mass Murder: Broward County Florida


Blythe CA Ehrenberg AZ

February 24, 2018


Alleged shooter Nikolas Cruz's family argues there were no warning signs that he would strike with an AR-15 rifle killing 17 students at Marjory Stoneman Douglas school in Florida. The recent crescendo of mass murders has parties of all sides seeking solutions. No one is intelligent or brave enough to point on that there is a Chemical Assault Scorched Earth in continuo for over 30 years.


Conversely in Syria, Assad is siding with Kurds near Afrin against the turks. Assad has struck Ghouta with bombings as raoid as one per minute killing at least 250 in what is some of the most intense shelling of the Syrian Civil War.


Don Quixote is like a child who cannot distinguish between fantasy and reality. His magical world is so enchanting that he has difficulty leaving it and others are drawn into it unaware (Strickler 2003).


In this setting I will need to be more goal orientated. I do not see that MOEC will back when there is a near infinite supply of Informants willing to take up the fight.


I should have a complete Chapter 1 of Fall of the Anglo American Paradigm PT. IV online in April, 2018.


Totalitarianism


Blythe CA Ehrenberg AZ

March 26, 2018


It is very clear that Totalitarianism is flourishing as MOEC spreads into it's second generation. The Syrian Civil War is grinding to an end after 8 years. What is clear is that those whom are falling behind as technology escalates may not sit well with a lower status. The education of police officers is poor. The work is dangerous. Many large cities pay $55,000 to start after two years of college. There is no excuse for corruption. In contrast the Obama's have reported to have signed a $60 million dollar book contract.


Persons are not deliberating over their legal status. Amnesty, Pardons, and Statute of Limitations will be in effect. However informal punishments also are in play. There were 164,000 opioid deaths in 2016. Many would have not even known if it were not for the news.


I should have a Fall of the Anglo American Paradigm Chapter 1 online in April, 2018.


Proximate Cause


Big Pine CA

May 4, 2018


proximate cause


Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Encyclopedia, Wikipedia.


Proximate Cause


An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.


Proximate cause is the primary cause of an injury. It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. Proximate cause produces particular, foreseeable consequences without the intervention of any independent or unforeseeable cause. It is also known as legal cause.


To help determine the proximate cause of an injury in Negligence or other tort cases, courts have devised the "but for" or "sine qua non" rule, which considers whether the injury would not have occurred but for the defendant's negligent act. A finding that an injury would not have occurred but for a defendant's act establishes that the particular act or omission is the proximate cause of the harm, but it does not necessarily establish liability since a variety of other factors can come into play in tort actions.


Some jurisdictions apply the "substantial factor" formula to determine proximate cause. This rule considers whether the defendant's conduct was a substantial factor in producing the harm. If the act was a substantial factor in bringing about the damage, then the defendant will be held liable unless she can raise a sufficient defense to rebut the claims.


West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


proximate cause


n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. In order to prevail (win) in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit). Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. In criminal law, the defendant's act must have been the proximate cause of the death of a victim to prove murder or manslaughter. (See: negligence, intervening cause) Copyright © 1981 2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.


proximate cause


noun causation, derivation, immediate legal basis, immediate legal cause, immediate legal genesis, proper cause, proximate causation, sufficient legal basis, sufficient legal causation, sufficient legal cause, sufficient legal factor, sufficient legal genesis, sufficient legal inducement, sufficient legal source


Associated concepts: contribution-efficient cause, contributory negligence, immediate cause, intervening cause, proximate consequence, proximate result Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.


https://legal-dictionary.thefreedictionary.com/proximate+cause


Michael Moore is New LAPD Chief


Lake Shastina CA

July 26, 2018


Michael Moore, a 37 year veteran has been chosen Chief to replace Charlie Beck on June 28, 2018. "He's listened to the people of this city for three decades. He's learned the ins and outs of every facet," Mayor Eric Garcetti told city officials and LAPD officers at the Police Academy in Elysian Park. "Our next chapter is not something he'll need to learn on the job. He’s already been busy writing it."


A department that once operated with the mentality of policing a neighborhood by force has embraced the understanding that our true strength is shown by our ability to partner and collaborate,” said Moore, 57. “To the people of Los Angeles, I am committed to deepening your trust by ensuring we are a department that is highly visible, accessible and responsive, policing with purpose, compassion and partnership.


In his speech, Moore also promised to reduce the use of deadly force by his officers, who in 2017 fatally shot 17 people, despite training that teaches them to step back from dangerous encounters and to use Tasers and beanbag shotguns when possible.


Moore had already been sworn in the previous day at City Hall, after the City Council voted unanimously to confirm his appointment. The oath-taking and pinning of the chief’s four stars were reenacted Thursday in front of about 600 spectators. That next chapter, Moore said in his swearing in speech, will include deepening the community’s trust in the LAPD as well as listening to the concerns of the department’s 10,000 sworn officers and 3,000 civilian employees.


Moore enters as Barack Obama and I both approach our 57th birthdays in early August. If Moore serves out his term he will preside over a massive transition into Totalitarianism and Artificial Intelligence begins to transform our society. This is a unique situation. I will be patient as my writing becomes more direct and robust.


http://www.latimes.com/local/lanow/la-me-lapd-chief-swearing-in-20180628-story.html


Daubert Factors in the State of Delaware


Blythe CA Ehrenberg CA

December 24, 2018


The State of Delaware Rule (D.R.E.), Rule 702 is intended to track the Federal Rule of Evidence (F.R.E.), Rule 702. If expert testimony will "assist the trier of fact to understand the evidence or to determine a fact in issue" such a witness may testify based on education to experience. The trial judge is the gatekeeper to determine whether the expert testimony meets the Daubert Standards.


Judge Gebelien has been charged with determining whether latent fingerprint analysis meets the Daubert Standards as: 1) whether it can be (and has been tested; 2) whether the theory or methodology has been peer reviewed and publicized 3) is there known or potential error and are there existing maintenance of standards controlling the methodology and 4) whether the theory or technique has obtained general acceptance in its scientific community.


He argues that:


1) Fingerprint analysis is a theory that can be and has been tested. Numerous studies supports conclude that fingerprints are unique.


2) Fingerprint analysis has been subjected to peer review and publication. Experts have had the opportunity to examine fingerprint analysis and develop relevant standards through peer review, cross examination and expert training.


3) The error rate in identifying latent fingerprints is extremely low. An opinion of one expert can be tested by other qualified experts. This is a check on human errors.


4) Fingerprint analysis has been accepted in the judicial trials for almost 100 years as an approved methodology.


After considering the defendant's motion to suppress the judge denied by affirming that latent fingerprint analysis supports the Daubert Factors in D.R.E 702.


State of Delaware vs. Donald Cole; ID# 0110006694


Year Decided: May 13, 2002


Facts: It is alleged that Donald Cole entered a dwelling on or about August 22, 2001 under the cover of dark with the intent to commit robbery. It is also alleged that Cole or his companion or both shot a man and assaulted a woman.


Main issue: Does the reliability of latent fingerprint analysis satisfy the suggested standards set forth in Daubert? Yes.


Court's decision: The defendant's motion for suppression of evidence is DENIED.


Holding: Latent fingerprint analysis has been tested and proven as a reliable science for judicial purposes for almost 100 years. The reliability of latent fingerprint analysis is supported by it's ability to meet the suggested criteria in Daubert.


My Thoughts: Judge Gebelein was very thorough in his knowledge of the Daubert Trilogy and the relevant standards that were to be applied in this motion. He clearly understood the criteria in F.R.E 702 and D.R.E 702. His incisive treatment of the latent fingerprint analysis was very lucid and helps greatly in comprehending Daubert Motions. As seen this clearly establishes this case as precedent setting concerning Daubert Factors and latent fingerprint analysis.


Works Cited


State of Delaware vs. Donald Cole; ID# 0110006694. Delaware Superior Court. Retrieved from: http://www.onin.com/fp/de_v_donald_cole_decision.pdf