The Nicholas Chronicle Green Edition — January 3, 2013

Total Page:16

File Type:pdf, Size:1020Kb

The Nicholas Chronicle Green Edition — January 3, 2013 The Nicholas Chronicle Green Edition — January 3, 2013 A Section Ruby M. Sizemore ......................................................... 4A 2012 Year in Review .............................................................. 1A Dorothy A. Taylor .......................................................... 4A New and reelected offi cials take Oaths of Offi ce ................... 1A Billie E. Thomas ............................................................. 4A Dealing with Abandoned, Rundown Buildings ..................... 2A Events ...........................................................................6A Heavens .................................................................................. 2A Community ...................................................................7A Thorns and Roses ................................................................... 2A From the Halls of Birch River ............................................... 8A Two arrested for operating mobile meth lab .......................... 3A Home and Family ............................................................8A-9A Judge sentences man to 1 to 5 years on drug plea ................. 3A Church Events ........................................................................ 9A Webster County News ..........................................................10A Obituaries: Nicholas News Makers ........................................................ 11A Roland-Olin Ralph Arthur ............................................. 4A Genevieve Athalene Bever ............................................ 4A B Section Agnes Wynona Breedon ................................................ 4A Sports ....................................................1B, 5B-6B, 9B, 11B Donald T. Brooks ............................................................ 4A Classifi ed Advertising ..................................................... 2B-3B Jackie W. Brunning ........................................................ 4A Legal Advertising ............................................................ 4B-5B Faron Shelvin “Bones” Carpenter ................................. 4A This Week .....................................................................7B Paul Cunningham .......................................................... 4A Point of View ......................................................................... 8B James Dale Jackson ....................................................... 4A Bygone Years ......................................................................... 8B Vina Belle Keiffer .......................................................... 4A Bette’s Beds ........................................................................... 9B Opal Louise Murphy ..................................................... 4A Business Directory ......................................................10B-11B By Ray Corbin mersville Middle School. sition. and Lundy Bailey II The top three winners in grades 4-9 New River Community and Tech- The Nicholas Chronicle and the top 10 winners in grades 10- nical College announced plans for a 12 advanced to State Math Field Day new campus to be located at the Glade January Competition held April 21 at Concord Creek Business Park on Route 41 east Troy Ezra Strader, son of Aman- University. of Summersville just past the Music da Strader of Richwood, was the fi rst Nicholas County had several win- Park. The announcement was made baby born in Nicholas County in 2012. ners in the RESA IV Regional Science April 19 at a campaign luncheon at He was born at Summersville Region- Fair held March 17 at Nicholas Coun- Marist Hall in Summersville, hosted al Medical Center on Jan 1. ty High School. The fi rst place win- by the New River CTC Foundation, Jodie Jenkins, 42, of Cottle was fa- ners in the regional competition ad- Nicholas County Board of Advisors. tally shot on Sunday, Jan. 1, at 3:30 vanced to the State Social Studies Fair Nicholas County had several stu- p.m. after an argument, allegedly, by held April 20 at the Charleston Civic dent winners in the State Social Stud- Phillip J. “P.J.” Payne, 28, of Camden Center. ies Fair held April 20 at the Charleston on Gauley. Jenkins was shot with a Five Nicholas County High School Civic Center: small caliber pistol. students, Nicole Hamilton, Dustin Nicholas Rader of Summersville The Nicholas County Board of Martin, Shealyn Shafer, Ashleigh Tay- Middle School took fi rst place in Divi- Parks and Recreation Commission lor, and Katelyn Young, earned the sion II Economics/Individual with the employed Garrett Lewis of Summers- right to attend the Future Business project “I Owe My Soul to the Com- ville as the new manager of Nicholas Leaders of America (FBLA) Nation- pany Store.” County Veterans Memorial Park. al Leadership Conference in San An- In Division I, Sociology/Individu- The Nicholas County Commission tonio, Texas, June 29 to July 2, after al, Phoebe Kiser of Summersville El- reelected Birl O’Dell as president for placing fi rst and second place in com- ementary School won second place for 2012 on Jan. 3. petition at the FBLA State Leadership her project “The Power of the Dress.” The Nicholas County Commission Conference March 26-27 in Morgan- Richwood High School students on Jan. 9 voted to formally approve town. Hamilton, Shafer and Taylor Krista White, Jeremiah Russell, Ash- the redistricting of the county’s mag- won fi rst place in Community Service ley Burgess and Hannah Brown were isterial districts. Project Team, Young fi rst place in Lo- awarded third place in Division III The redistricting of the county’s cal Chapter Annual Report and Martin Anthropology/Group for their project three magisterial districts, Birch, second place in Economics. “Pennsylvania Amish.” Gauley and Cherry, was mandated to vide monetary support for a needy Mine #1 in Clay County earned the tendent of Nicholas County Schools, is refl ect the county’s population accord- family, and then allegedly converting prestigious Bart B. Lay Jr. Mile- the 2012 recipient of the Paul J. Morris April May ing to the 2010 U.S. Census Bureau some of the excess money to his per- stones of Safety Award. The Fola Sur- Character Educator of the Year Award. Richwood Mayor John McClung The Primary Election was held fi gures. sonal use. face Mine won the state’s top award The announcement was made during entered a plea agreement in April that Tuesday, May 8, in Nicholas County. Under the plan, four Nicholas Coun- Andrew Zimmern brought the Bi- for surface mine safety, recogniz- the West Virginia Board of Education reduced the felony charges against On the Democratic side, challenger ty voting precincts were moved to dif- zarre Foods show on The Travel Chan- ing it for the best safety performance monthly meeting in Charleston. him to a single misdemeanor charge Ken Altizer edged three-term incum- ferent magisterial districts as the result nel to the mountains of West Virginia. among West Virginia surface mines in Mike Brown, Nicholas Coun- and forced him to resign from offi ce. bent Birl O’Dell of Leivasy for the of changes in the boundary lines of the The TV spot aired at 9 p.m. on Feb. 27. 2011. Fola has some 272 employees ty High School teacher, and Aimee Mayor McClung entered a plea of nomination for a six-year term on the county’s three magisterial districts. Of particular interest to people in the and worked safely for 526,535 hours Thomas, Summersville Elementary no contest to the misdemeanor offense Nicholas County Commission from Caden Phipps was the 2012 Nicho- Summersville area was the segment of producing 2,295,266 tons of coal with School teacher, were honored by the of obtaining money, goods, property Gauley District in a fi ve-candidate las County spelling champion. the show featuring local folk dancing zero accidents to earn the award. West Virginia Council of Teachers of or services by false pretenses. fi eld. The fi fth-grader at Summersville celebrity, Lou Maiuri. Also, the Peach Orchard Prepara- Mathematics as High School and El- Under the plea agreement, Nicholas Other Democratic winners in chal- Elementary School achieved this hon- A string of fi ve arson fi res occurred tion Plant was recognized for their ementary Math Teacher of the Year, County Magistrate Mike Cooper sus- lenged races were former Deputy or by winning the annual Nicholas Feb. 24 in Summersville and the sur- commitment to safety through the respectively. The awards were an- pended any sentence of incarceration Sheriff David Hopkins for sheriff and County Spelling Bee held Jan. 11, at rounding area, which caused extensive awards given annually to qualifying nounced at the council’s annual ban- and placed McClung on six months incumbents John D. Morton Jr. and Glade Creek Elementary School. Both damage to some of the properties in- underground and surface mining op- quet at the Days Inn in Flatwoods. home confi nement. Wayne Plummer and former Magis- Phipps and runner-up Macy Ward, a volved. erations across the state of West Vir- Richwood High School student Da- America’s Got Talent television trate Court assistant Sarah Meadows fourth grade student at Summersville The fi rst fi re occurred on Main ginia. vid Crowe was one of the top 10 fi nal- show winner Landau Eugene Murphy Brown for Nicholas County Magis- Elementary School, qualifi ed to com- Street at a vacant house across from The Peach Orchard Preparation ists in the statewide Poetry Out Loud of Logan performed before a crowd trate in challenged races, all for four- pete in the Charleston Newspapers the U-Save convenience
Recommended publications
  • 2013 Tippecanoe County Prosecutor's Office in the News
    2013 Tippecanoe County Prosecutor’s Office in the News December 31, 2013: Lafayette Journal and Courier Illinois man faces a dozen charges in credit card theft Written by Justin L. Mack A dozen felony charges were filed Tuesday against an Illinois man accused of using the personal information of two Lafayette women to obtain credit cards. Kemo D. Whirl, 39, of Wheaton, Ill., was charged in Tippecanoe Superior Court with three counts of forgery, three counts of theft, three counts of fraud, two counts of identify deception and one count of attempted theft. According to court documents, the investigation against Whirl began in June when a woman who worked for Riggs Community Health Center told police that several attempts had been made to open credit cards in her name. She also reported that in July, a U.S. Bank credit card had been issued in her name and sent to an address in Lafayette. The card was later used to make purchases at Home Depot and Target. Surveillance footage from both stores showed the card being used by a black male wearing a baseball cap. Further investigation revealed that the credit card was sent to the home of another Riggs official who held an administrative position and had access to the personal information of other employees. When questioned, the administrator denied all knowledge about the illegally obtained credit card. When shown surveillance footage, the administrator was reportedly able to identify Whirl as the man who used the credit card at Home Depot and Target. She added that he was a friend who stayed with her from time to time.
    [Show full text]
  • Suspect Arrested After High-Speed Pursuit, Foot Chase Last Weekend's
    Your Hometown Newspaper since 1949 Albany, KY 42602 - Single Copy 50¢ Thursday, March 8, 2012 Phone: 606-387-5144 - Email: [email protected] - USPS 118-480 One Section • 14 pages Between Lake Cumberland & Dale Hollow Lake Volume 62 • Number 21 Theft of City of Albany owned utility truck puts chain of events into motion Suspect arrested after high-speed pursuit, foot chase A county-wide man hunt ended peacefully Albany Police Department, Glover saw the stolen Sunday afternoon and led to the arrest of James, vehicle in the vicinity of the high school and called Easterly, 44, of Crossville, Tenn. it in to the local 911 dispatch center and began a According to Albany Police Chief Ernest pursuit. Guffey, Easterly had been passing through Albany The Clinton County Sheriff’s Department joined and could have been dropped off by another in the pursuit of the fl eeing vehicle and the suspect person. led offi cers on nearly an hour long chase that ended Unknown as to whether or not it is directly with a foot pursuit near the Teal Neathery Rd. close related, at about that same time, a report came in of to Grider Hill Dock. an attempted auto theft that had occurred at Save- A-Lot, but was unsuccessful. During the foot chase, Albany Police Offi cer Ricky Marcum came into contact with Easterly on “Someone tried to steal a vehicle at Save-A- a rock ledge near Lake Cumberland and held him Lot, but I don’t know whether it was him or not,” at gunpoint until Deputy Jim Guffey and Glover Guffey said.
    [Show full text]
  • Celebrating Our Centennial! Vol
    Celebrating Our Centennial! Vol. 105 No. 111 Sunday, September 14, 2014 75¢ plus tax Man threatens to kill woman and deputy ... Page 5 Tax rate School board budget set at to stay at $65.85 million ... Page 8 8.547 mills By Katrina Elsken Precautions help Okeechobee News prevent colds The Okeechobee County Board of County ... Page 11 Commissioners approved a tax rate of 8.5470 mills at their Thursday budget hearing. Okeechobee’s One mill equals $1 in taxes for every $1,000 M o s t Wa n t e d of property value. This holds the millage at the ... Page 14 See COUNTY — Page 5 Lake Levels Raulerson 14.51 feet Last Year: 15.44 feet Courtesy photo/OCSO Agents from the Drug Enforcement Administration (DEA) helped dismantle a to chair rolling meth lab Thursday at the Okeechobee County Sheriff’s Offi ce. Two local 6SRQVRUHG%\ men were arrested and are being held on bond in the county jail. IRSC board Phoebe Raulerson 3RJH\·V)DPLO\5HVWDXUDQW was recently elected 63DUURWW$YH Rolling meth lab halted Chairman of the Indian River State College Dis- By Eric Kopp Source: South Florida Water phetamine), possession of a listed chemical trict Board of Trustees, Management District. Depth given Okeechobee News for the manufacture of a controlled sub- the governing body re- stance and production of a controlled sub- sponsible for establish- in feet above sea level When narcotics task force detectives saw stance (methamphetamine). He was also ing and overseeing poli- the 1996 white Lincoln run a stop sign they charged with possession of drug parapher- cies for IRSC.
    [Show full text]
  • 091405 Wed Gaz M1-M14 Meth
    A special reprint of the KALAMAZOO GAZETTE September 2005 The menace of METHFrom June 5 to June 12, the Kalamazoo Gazette reported on the growth in the manufacture and use of the addictive stimulant methamphetamine in southwestern Michigan and the ways it hurts our land, people and pocketbooks. The series drew attention to the thorny issues our communities face in battling the drug, and many readers asked for this reprint of the information to help educate more people here. MARK BUGNASKI / GAZETTE An officer from the Kalamazoo Valley Enforcement Team’s meth unit removes chemicals believed to be methamphetamine from a room at the Red Roof Inn on Cork Street on May 26. Last year, Kalamazoo, Allegan, St. Joseph and Van Buren counties were the top four counties in the state in the number of meth-lab busts. No one is safe from ‘a 21st-century plague’ By Rosemary Parker [email protected] 388-2734 ethamphetamine addicts live in a world of meth had spilled and created a toxic gas. gerously under the drug’s influence; or that you will en- madness. ● May 31, 2005, Richland: Thieves at a farm leave open a counter litter laced with chemicals poisonous enough to Increasingly,it’s a world the rest of us are valve on a tank of the fertilizer anhydrous ammonia, allow- make you ill from a single whiff. forced to share. ing a release of toxic gas. As of Saturday night, 36 cows had “It’s so scary because you can unknowingly,unwillingly, M Witness the bizarre exploits recorded week died, 28 more were likely to be put down and 30 to 40 were become a victim, by living next door to a meth lab, or rent- after week and year after year in southwestern Michigan: blinded.
    [Show full text]
  • In the Court of Appeals Sixth Appellate District of Texas at Texarkana
    In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-14-00103-CR JOHNNY RAY MULDROW, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 6th District Court Lamar County, Texas Trial Court No. 25549 Before Morriss, C.J., Moseley and Carter,* JJ. Memorandum Opinion by Justice Moseley ______________ *Jack Carter, Justice, Retired, Sitting by Assignment MEMORANDUM OPINION After a routine traffic stop led to the discovery of “a rolling meth lab,” driver Johnny Ray Muldrow was convicted by a jury of possession of 200 grams or more but less than 400 grams of methamphetamine. After he had been convicted by a jury, Muldrow pled “true” to two enhancement allegations, elected to have the trial court assess punishment, and was sentenced to fifty years’ imprisonment. On appeal, Muldrow argues (1) that the statutes under which he was convicted—Sections 481.115(e) and 481.002(49) of the Texas Health and Safety Code—are facially unconstitutional and (2) that the evidence is legally insufficient to support the jury’s finding of guilt. We find that Muldrow failed to preserve his complaint that Sections 481.115(e) and 481.002(49) are void for vagueness and inadequately briefed the remaining grounds arguing that these sections are unconstitutional. We further find that the evidence was legally sufficient to support the jury’s verdict. Consequently, we affirm the trial court’s judgment. I. The Constitutional Complaints are Either Unpreserved or Inadequately Briefed Section 481.115(e) of the Texas Health and Safety Code makes possession of a Penalty Group 1 controlled substance a first degree felony “if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.” TEX.
    [Show full text]
  • 管 内 発 生 の 重 要 犯 罪 11/1~11/30 アラバマ 中部地区(Area Code 205)
    管 内 発 生 の 重 要 犯 罪 11/1~11/30 アラバマ 中部地区(Area Code 205) 場 所 日 付 事 案 名 概 要 ジェフ 11/4/2013 強盗事件, Man shot by Bessemer police during Bessemer police on Monday filed formal charges against a man who was shot by ァーソ 傷害事件, ン 銃器使用の事 robbery formally charged police during a robbery in that city. 件 ジェフ 11/4/2013 強盗事件, Bessemer police shoot armed robber A Bessemer police officer shot a man who was holding up a Dollar General at ァーソ 傷害事件, ン 銃器使用の事 inside Dollar General gunpoint Sunday night. 件 ジェフ 11/20/201 傷害事件, Man hospitalized after being shot A man was hospitalized Wednesday night after he was shot in Bessemer, police ァーソ 3 銃器使用の事 ン 件 in chest on Dartmouth Court in say. Bessemer ジェフ 11/21/201 殺人事件, Bessemer man to serve 5 years in A Bessemer man will serve five years in prison for fatally shooting another man ァーソ 3 銃器使用の事 ン 件 prison for shooting man who was who was dating the same woman. dating same woman シェル 11/12/201 薬物事案 State appeals court upholds A state appeals court in a ruling filed Tuesday agreed with the dismissal of ビ 3 dismissal of drug charges against drug distribution and trafficking charges against a Birmingham physician. Birmingham doctor バーミ 11/1/2013 傷害事件, 10 shot, 1 stabbed in Birmingham Last weekend was a violent one for the city, but police officials say that ングハ 銃器使用の事 ム 件 last weekend, but police say Magic violence wasn't connected to the Magic City Classic, and didn't affect the game City Classic escaped the violence or its festivities.
    [Show full text]
  • Roseville Police Department
    ROSEVILLE POLICE DEPARTMENT Soccer open-gym at Fairview Alternative High School (see page 6.) March - 2016 Monthly summary On the following pages we highlight a few of the more notable cases along with statistical information. We also will highlight various ways we are connecting with the community and how volunteers play a role in policing. If there is anything you have questions on please feel free to contact us for more information. Roseville Police Department – Monthly Summary 1. PATROL INCIDENT SUMMARIES Assault Date: 03-01-2016 Time: 1938 Location: Rosedale Center; 1595 Hwy 36 CN: 16005986 Officers were dispatched regarding two female suspects fighting with Rosedale Security. Officer Jones and Sgt. Arneson arrived and observed two security guards physically engaged with two female suspects. The females had a 9-year-old child with them and they were screaming obscenities at the security guards. Officers were told the women had just assaulted several people. Sgt. Arneson ordered the suspects to stop. Instead of complying they paced angrily back and forth, screaming obscenities and filming everyone with a cell phone. Eventually they complied and officers placed them in cuffs. Officers spoke with victims and witnesses and determined the suspect’s had assaulted a store employee and the security guards. When told they were under arrest one of the suspects stated she was having trouble breathing and requested medics. Allina medics examined her and determined she showed no signs of distress. Officers contacted the father of the 9-year-old to take custody of her. One adult female from Minneapolis and one adult female from Robbinsdale were arrested for 5 th Degree Assault and Disorderly Conduct.
    [Show full text]
  • ABQ Free Press, July 27, 2016
    VOL III, Issue 15, July 27 – August 9, 2016 Dispensing Journalistic Justice Since 2014 Bourne’s BackPAGE 20 Rebellion over APD’s Practice of Letting Bad Cops Retire PAGE 5 The Myth of Female Viagra PAGE 9 The First Family Of New Mexico Film PAGE 22 Cooling Down In Beer Town PAGE 24 2 • July 27 – August 9, 2016 • ABQ FREE PRESS ABQ FREE PRESS • July 27 – August 9, 2016 • 3 nEwS www.freeabq.com SPotlight PickS Editor: [email protected] News: [email protected] ABQ Free Press Pulp News Arts: [email protected] Start and end your day with us! COMPILED BY ABQ FREE PRESS STAFF On Twitter: @FreeABQ ¡Mueve a Jueves Jazz! On Facebook: facebook.com/abqfreepress Newt on Trump Charity Editor The Blue Parrot Cabaret in Morgantown, W.Va., is Move to Thursday Jazz! Newt Gingrich, at one time a candidate to be Donald Dan Vukelich giving some of its proceeds from lap dances to organi- BY M. BRIANNA STALLINGS Trump’s running mate, told Republicans at a closed- (505) 345-4080. Ext. 800 zations helping victims of West Virginia’s June floods, door meeting earlier this year that Trump is not a ip hop/R&B trio TLC may The Washington Post reported. The club’s nude danc- Associate Editor, News conservative, speaks to voters “at the lowest level of have had a Billboard any candidate in either party,” and could lose in a ers voted on giving some of their lap dance earnings Dennis Domrzalski H (505) 306-3260 chart topper with 1994’s landslide if he didn’t significantly change his ap- to charity.
    [Show full text]
  • 2010 Tippecanoe County Prosecutor's Office in the News
    2010 Tippecanoe County Prosecutor’s Office in the News December 30 , 2010: Lafayette Journal and Courier Local teen gets 14 years for robbery, beating By SOPHIA VORAVONG; [email protected] A Lafayette teenager was sentenced Wednesday to 14 years in prison for his involvement in a robbery and bloody attack at a north end home that hospitalized the victim. Johnny L. Ellison, 18, pleaded guilty earlier this month in Tippecanoe Superior Court 1 to an amended count of robbery resulting in serious bodily injury, a Class B felony. He had been charged with robbery as a Class A felony, which carries a heftier penalty of 20 to 50 years incarceration. The charges stem from an investigation on April 2, at a home on North 14th Street in Lafayette. There, officers found Wendell Washburn, 58, with extensive facial injuries. Blood was found smeared on the walls and in several parts of the home. Wendell told officers he had been jumped by two males named "Johnny" and "Cody." Ellison admitted in court to kicking and pushing Washburn so that he could steal Washburn's money. According to court documents, Washburn was admitted to intensive care and had bleeding on his brain. He was later released from St. Elizabeth East hospital. Judge Randy Williams on Wednesday also ordered Ellison to serve two years on probation after his release and pay $384 in restitution for Washburn's medical costs. Ellison's co-defendant, 20-year-old Cody Bryant of Lafayette, pleaded guilty Tuesday to the same Class B felony. He will be sentenced Feb.
    [Show full text]
  • IN the COURT of CRIMINAL APPEALS of TENNESSEE at NASHVILLE Assigned on Briefs December 13, 2016
    02/06/2017 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs December 13, 2016 STATE OF TENNESSEE v. RICHARD W. WILBURN Appeal from the Circuit Court for Rutherford County Nos. F-74351, M-73937, M-73940 & M-73973 David M. Bragg, Judge No. M2016-00704-CCA-R3-CD The Defendant, Richard W. Wilburn, was sentenced to an effective ten-year sentence for his guilty-pleaded convictions to one count of initiating the methamphetamine manufacturing process and three counts of driving on a revoked license, second offense or more. On appeal, the Defendant contends that the trial court erred by applying enhancement factor 10—the Defendant had no hesitation about committing a crime when the risk to human life was high—to increase his sentence for initiating the manufacturing methamphetamine process because, he asserts, there was no proof that anyone was endangered by his actions. He also submits that the trial court erred by denying any form of alternative sentencing based upon his need for drug treatment. Following our review, we find no abuse of discretion in the trial court’s sentencing decision. Accordingly, the judgments are affirmed. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed D. KELLY THOMAS, JR., J., delivered the opinion of the court, in which CAMILLE R. MCMULLEN and J. ROSS DYER, JJ., joined. Gerald L. Melton, District Public Defender, and Russell N. Perkins, Assistant District Public Defender, for the appellant, Richard W. Wilburn. Herbert H. Slatery III, Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Jennings H.
    [Show full text]
  • Read an Excerpt
    A DEAD RED HEART By RP Dahlke 2nd in the Dead Red Mystery Series When a homeless Vet litters her beloved red Cadillac with poetry scrawled on paper snowflakes, Lalla decides to confront him. But that doesn't mean she wants the man to drop dead at her feet—with a pair of blue handled scissors sticking out of his chest. With nothing but the man's last words for the police to go on, Lalla decides that someone needs to be on the side of this misunderstood vet, and that person will be the exasperating, pushy, tenacious, Ms. Lalla Bains. But digging into the man's past will only unravel a more potent question: What would you do if the love of your life lost their chance for a heart transplant because the donor organ went to a convicted felon? A Dead Red Heart ver. 10/9/14 © 2011 RP Dahlke Published in the USA by Dead Bear Publishing A Dead Red Heart is a work of fiction. The names, characters, and incidents are entirely the work of the author's imagination. Any resemblance to actual persons, living or dead, or events, is entirely coincidental. All rights reserved. No part of this publication may be copied, transmitted, or recorded by any means whatsoever, including printing, photocopying, file transfer, or any form of data storage, mechanical or electronic, without the express written consent of the publisher. In addition, no part of this publication may be lent, re-sold, hired, or otherwise circulated or distributed, in any form whatsoever, without the express written consent of the publisher.
    [Show full text]
  • United States Court of Appeals for the EIGHTH CIRCUIT ______
    United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 04-1639 ___________ United States of America, * * Plaintiff-Appellee, * * Appeal from the United States v. * District Court for the Southern * District of Iowa. Todd Eric Hagan, * * Defendant-Appellant. * * ___________ Submitted: November 15, 2004 Filed: July 7, 2005 ___________ Before SMITH, LAY, and BENTON, Circuit Judges. ___________ BENTON, Circuit Judge. Todd Eric Hagan was convicted of one count of attempting to manufacture a controlled substance in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846, and one count of creating a substantial harm while manufacturing methamphetamine in violation of 21 U.S.C. § 858. The district court1 sentenced him to 292 months and 120 months imprisonment, respectively, to run concurrently. Jurisdiction being proper under 28 U.S.C. § 1291, this court affirms. 1 The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa. Appellate Case: 04-1639 Page: 1 Date Filed: 07/07/2005 Entry ID: 1924860 I. Hagan argues that the district court's Allen charge impermissibly coerced a guilty verdict. A challenged jury instruction is reviewed for abuse of discretion. United States v. Walrath, 324 F.3d 966, 970 (8th Cir. 2003). An Allen charge, a supplemental jury instruction, advises deadlocked jurors to reconsider their positions. Id. Supplemental jury instructions are permissible, so long as they are not coercive. United States v. Washington, 255 F.3d 483, 485 (8th Cir. 2001). "Jury coercion is determined by (1) the content of the instruction, (2) the length of the deliberation after the instruction, (3) the total length of deliberations, and (4) any indicia in the record of coercion." Walrath, 324 F.3d at 970.
    [Show full text]