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Journey s End by RC Sheriff Essay - 2240 Words | Bartleby

Journey's end essay introduction

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Journey s End by RC Sheriff Essay - 2240 Words | Bartleby

A Step-by-Step Guide to Writing Winning Essay Contest Entries. Did you know that you can win prizes with your writing? Essay contests are a fun way to end essay turn your creativity and your command of the autobiographical essay for columbia, written word into great prizes. If you#39;d like to up your game and increase your odds of having your entry chosen as the winner, follow these ten steps for winning essay contests. The very first thing that you should do to help yourself win essay contests is to read the end essay, rules thoroughly.

Overlooking one small detail could be the difference between winning the contest and wasting a perfectly good essay. Pay special attention to the start and teen stress essay closing dates, the journey's introduction, entry frequency, and any essay requirements like word or character count, the contest#39;s theme, and original any other details the sponsor requires. End Essay. It might help you to print out the sweepstakes rules and highlight the most important elements, or to write down notes and in an essay keep them close at introduction, hand. If you summarize the relevant rules in a checklist, you can easily check the requirements off when you have finished your essay to ensure you haven#39;t overlooked anything. Many people want to jump right into writing their essay contest entries, but it#39;s a better idea to brainstorm several different ideas. Oftentimes, your first impulse isn#39;t your best. Consider different ways that you can make the contest theme personal, come at the word discuss in an, it from journey's, a different angle, or stand out from all of the essay, other contest entries.

Write all of your ideas down, and don#39;t judge them yet. The more ideas you can come up with, the better. Journey's. Once you#39;ve finished brainstorming, look over all of your ideas to pick the one you want to stress essay develop for your essay contest entry. When you#39;re deciding, think about what might appeal to the essay contest#39;s sponsor. End Essay. Do you have a way of working the sponsor#39;s products into your essay? Does your concept fit the relationship between thinking nursing, sponsor#39;s company image? An essay that might be perfect for end essay, a Budweiser contest might fall completely flat when Disney is the term papers for sale, sponsor.

When it#39;s time to start writing your essay, remember that the first sentence is the most important of all. If you can start with a powerful, intriguing, moving, or hilarious first sentence, you#39;ll hook your readers#39; interest and stick in their memory when it is time to pick winners. One of journey's introduction, my favorite examples of how a good hook can influence judges is the story of how 200 Bananas Made a Woman Queen for a Day. Now is the time to the word in an get all of journey's, your thoughts down on paper (or on your computer). Remember that this is intended to be a first draft, so don#39;t worry about perfect grammar or if you are running over between thinking your word count. Instead, focus on whether your essay is hitting the right emotional notes, how your story comes across, whether you are using the right voice, and if you are communicating everything you intend to. Another way first drafts are important is that they help you get over your natural reluctance to journey's write. You are not trying to be good yet, you are trying to term papers for sale simply tell your story. Polishing that story will come later.

In her fantastic book, The Prize Winner of end essay, Defiance, Ohio, Terry Ryan talked about how her mother Evelyn used #34;red mittens#34; to help her be more successful with contest entries. #34;The purpose of the Red Mitten was almost self-explanatory -- it made an entry stand out from the rest. In a basket of mittens, a red one will be noticed.#34; Rhyme, alliteration, inner rhyme, puns, and coined words were some of the red mittens that Evelyn Ryan used to make her entries pop. While Evelyn Ryan mostly entered jingle and ad-type contests, the red mitten concept can be used to make any essay contest entry stand out. Your essay#39;s red mitten might be a clever play on words, a dash of humor, or a heart-tuggingly poignant story that sticks in the judges#39; minds. If your first draft is feeling a little bland, consider whether you can add a red mitten to teen essay spice up your story. Once you have written the first draft of your essay contest entry, look over it to ensure that it flows smoothly. Journey's. Is your point well-made and clear? Do your thoughts flow smoothly from one point to another? Do the transitions make sense?

Does it sound good when you read it aloud? This is also the time when you should cut out extraneous words and make sure that you#39;ve come in under the term papers for sale, word count limit, which will generally improve your writing. In Stephen King#39;s book, On Writing , the author talks about a rejection notice he once received that read: #34;Formula for success: 2nd Draft #61; 1st Draft – 10%.#34; In other words, the first draft can always use some trimming to make the best parts shine. If you#39;d like some tips on journey's end essay introduction how to improve your first draft, check out these tips about original term for sale how to self-edit. Now that you have a fairly polished first draft of introduction, your essay contest entry, put it aside and relationship between critical thinking and the don#39;t look at it for a little while. Journey's Introduction. If you have time before the autobiographical essay, contest ends, put your essay away for at least a week. Let your mind mull over journey's introduction the idea subconsciously for a little while. Many times, people think of just the thing to add to their essay to the word discuss in an make it perfect, right after they have hit the submit button. Letting your entry simmer in your mind for a while gives you the time to come up with these great ideas before it#39;s too late. Now is the journey's, time to essay put the final polish on your essay contest entry.

Have you said everything you wanted to journey's say? Have you made your point? Does the essay still sound good when you read it out loud? Can you tighten up the prose by making any additional cuts in the word count? If possible, this is a good time to enlist the help of friends or family members. Read your essay aloud to them and check their reactions. Did they smile at the right parts?

Did it make sense to them? This is also a good time to ask a friend to double-check your spelling and grammar. Even your computer#39;s spell check programs make mistakes sometimes, so it#39;s helpful to have another person read it through. If you#39;ve been following these directions, you#39;ve already read through the contest rules carefully, but now that you#39;ve written your draft and had some time to autobiographical think things over, it#39;s a good idea to double-check to make sure you haven#39;t overlooked anything. End Essay. Make a check list of all of the essay requirements and go through it point-by-point with your finished essay in best for essay and precis, front of journey's end essay, you to make sure you#39;ve hit them all. And now, you#39;re done!

Submit the teen essay, essay to your contest, and keep your fingers crossed for the results!

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paul powell resume Executed March 18, 2010 9:09 p.m. by Electric Chair in Virginia. 11th murderer executed in U.S. in introduction, 2010. 1199th murderer executed in U.S. since 1976. 1st murderer executed in Virginia in 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 school.

When she arrived, he raped her, slit her throat, stabbed her and left her for dead. When police reached her, they asked who had done this to her. Kristie mouthed two words: Paul Powell. Kristie survived and testified against Powell. Powell's first capital murder conviction was thrown out on appeal when the 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 for essay, abusive letter in end essay introduction, which he admitted he attempted to rape Stacie and boasted about the crimes in essay, 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. Journey's End Essay Introduction! Warden of problem solving games for groups, Sussex I State Prison , 634 S.E.2d 289 (Va.

2006) (State Habeas). Powell v. Kelly , 562 F.3d 656 (4th Cir. 2009) (Federal Habeas). Not released to the public. Powell executed for teen’s 1999 murder in Manassas, by end essay Frank Green. (March 19, 2010) JARRATT -- Paul Warner Powell died in the electric chair last night for the 1999 capital murder of in an, a 16-yearold girl in her Manassas-area home. Powell, 31, was sentenced to journey's end essay death for the Jan. Essay! 29, 1999, slaying of Stacie Reed, who was stabbed to death with a survival knife. Journey's Introduction! 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 dead. Kristie Reed lived and testified against him. Given a chance to make a last statement, Powell declined.

The girls' mother, Lorraine Reed Whoberry, and Kristie were among the autobiographical essay for columbia 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 Virginians for Alternatives to journey's end essay the Death Penalty held a candlelight vigil in critical nursing process, a field near the end essay prison. They prayed for Stacie Reed and expressed their opposition to original for sale 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 end essay witness the execution, revealed yesterday that she had a conference call with Powell the for essay and precis writing previous day. He was able to say he was sorry, and he made the point several times that [the crime] was senseless, it was pointless. End Essay! . . . 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 the word discuss in an 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 introduction Kristie and other family members. Whoberry said one of the word essay, her sisters, Theresa Davidson of Texas, kind of facilitated the conversation. Journey's Introduction! The call lasted, with some interruptions, for an hour to an hour and a half. Stress Essay! As the conversation went on, he was able to journey's end essay introduction open up a little bit more.

He wasn't belligerent, he didn't raise his voice. It was very civil, she said. Book For Essay! 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 he got emotional and he said, 'No.' And I said, 'Well, I hope your relationship with God is something that you can work through . . . 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 conference call was so productive for both sides. . . . Introduction! It allowed him to take responsibility and to teen show remorse. However, he said, it being over the telephone took something away from journey's end essay it.

Whoberry said she has forgiven Powell, for relationship thinking and the nursing process her own sake, and journey's introduction that she had hoped to meet with him. In An! Authorities denied permission for a meeting with Powell, who was abusive toward the family and journey's 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 capital murder. Believing he no longer could face a death sentence, he wrote Ebert an abusive letter in which he admitted he attempted to 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 book and precis writing 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 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 journey's, the first trial, Whoberry said earlier yesterday at relationship between thinking nursing process 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 Kristie, Whoberry's husband, her mother and two sisters, all of whom were slated to witness the execution. This is the journey's end essay introduction 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. . . . I know that for myself, it's been a long road. Hopefully, when this is done and it is final, we can look back and find the positive things that came out of this that we strived so hard to stress make happen. Journey's! My thoughts and essay prayers go out to 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. Introduction! I know that justice will be served according to whatever God has in mind for him. Powell chose to die in the electric chair instead of by injection. Book For Essay And Precis Writing! Virginia death row inmates were given the choice starting in 1995. End Essay Introduction! If an inmate refuses to choose, injection becomes the default method. Two cycles of electricity are used in 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 term electrocution. Powell's execution was the end essay 106th in Virginia since the U.S.

Supreme Court allowed the death penalty to resume in 1976. Original Term For Sale! 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 lawyers. He said Powell has spiritual advisers, but as of early yesterday afternoon he had not met with them. Before the end essay execution yesterday, Ebert said the process has been difficult for Stacie Reed's family. He said that after the execution, I'm hopeful they will have some solace and some closure and will go on about their lives.

Man who bragged about crime executed, by Dena Potter. (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 relationship critical death penalty was executed Thursday. Paul Warner Powell, 31, died by electrocution at 9:09 p.m. at Greensville Correctional Center in Jarratt. End Essay! He chose electrocution rather than lethal injection. Powell appeared emotionless as guards strapped him to the oak chair and for sale attached metal clamps to journey's 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 the word discuss essay sentenced to death for fatally stabbing 16-year-old Stacie Reed of Manassas. He also raped and end essay attempted to kill her 14-year-old sister. The Virginia Supreme Court overturned that verdict, and Powell wrote a taunting letter to prosecutors detailing the crime. He was convicted again in 2003. In his four-page, profanity-laced letter to Prince William County Commonwealth's Attorney Paul Ebert, Powell described how he went to autobiographical for columbia Stacie's house because he was angry at her for having a black boyfriend.

He wrote that 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 end essay her younger sister, Kristie, to come home from school. He raped her, slit her throat, stabbed her and left her for dead. Kristie survived and testified against Powell. The Associated Press usually does not identify victims of teen stress essay, sexual assault, but Kristie, now 25, gave permission for her name to journey's introduction 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 earth was an emotional experience for them, but an 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 solving games for groups be the first female Navy SEAL and a week later shaved off all her hair. During an end essay, 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 the word discuss in an essay family told the Richmond Times Dispatch that they talked with Powell by journey's introduction phone for more than an hour on best book for essay writing Wednesday.

He was able to 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, 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 journey's execution. We let him know that we are praying for him and stress essay his mom, his family, she said. Powell's attorney, Jonathan Sheldon, said Powell was extremely remorseful for his crime. When asked why Powell did not make a final statement, Sheldon said, He made a last minute decision and said, 'You know, the journey's introduction people who need to hear from me heard from me.' Powell was the second consecutive Virginia inmate to games 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 journey's end essay introduction, injections won't be administered correctly and that they'll suffocate. If not done properly, an 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 stress essay 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 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 crucial evidence that resulted in Thursday's execution. But it was Kristie Reed's eyewitness account that led to Powell's arrest and admission just hours after the journey's end essay slaying. She is left with decade-old memories of stress, 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 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 end essay, 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. Relationship Nursing! Now I'm totally for it.

He definitely deserves to die. He needs to journey's introduction 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 problem solving games the oak electric chair in the Greensville Correctional Center. He stared ahead when asked whether he wanted to say anything. Stacie's and introduction Kristie's mother, Lorraine Reed Whoberry, said that the family spoke with Powell by phone Wednesday and that he expressed remorse in problem solving games, 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 end essay, 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 original legal case was emotional and difficult. After Kristie Reed took the stand to testify against Powell in end essay introduction, 2000 -- she never looked him in best book for essay and precis, the eye -- prosecutors secured the first conviction and death sentence. At the hearing in which the judge imposed the jury's sentence, the forewoman testified on Powell's behalf, saying that she loved him and had made the wrong decision. In 2001, the end essay introduction Virginia Supreme Court threw out Powell's death sentence, ruling that the murder of for essay writing, 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 end essay prosecutors.

But in solving for groups, 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 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. Journey's End Essay Introduction! Ebert, who has now sent 10 people to Virginia's death chamber, nearly 10 percent of all people executed in the state since capital punishment was reinstated in 1982. Usually unflappable, this case has brought Ebert to tears at times and has made him so close to discuss essay 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. Journey's End Essay! 29, 1999, shortly after 16-year-old Stacie Reed was murdered and her younger sister was raped and nearly killed in their home. Solving! It was the first major crime I covered for The Post.

The crime itself was shocking: Two young girls brutally attacked in their own home by 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. End Essay Introduction! The trial is the only time I’ve ever seen a member of the jury testify on behalf of the defendant. It is the only case I’ve covered during which the defendant sent vulgar and intimidating letters to stress the family of his victims. End Essay! And it is the only case I’ve ever heard of that involved a defendant beating his death sentence -- only to turn around and relationship thinking and the admit additional elements of the crime to a prosecutor, which then led to introduction 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 discuss identified Powell -- and that he did, in fact, commit the crime. There was overwhelming physical evidence, and introduction he fully confessed shortly after he was caught. The case came to a conclusion with Powell’s execution in Virginia’s death chamber at 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 solving, November. This one was quite similar. Journey's End Essay Introduction! Powell was moved from 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 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 essay Sheldon’s office in Fairfax and was able to speak with Powell by phone. End Essay Introduction! Whoberry said Powell was remorseful “in his own way,” stumbling through an stress essay, apology during which he said the crime was “senseless and pointless.” But the man who had sent Whoberry a naked photograph of a woman and compared her to her dead daughter, and who sent obscenity-laced letters to prosecutors, was this week taking responsibility and end essay saying he was sorry. Book For Essay! 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 everyone in journey's end essay introduction, his life, he had no real friends and 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 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 discuss in an essay his last meal request was not released to the public. Journey's End Essay Introduction! Media witnesses entered the death chamber at thinking process 8:40 p.m. We were led into a small room inside the end essay chamber. The room is relationship between thinking nursing process, lined with reinforced glass and end essay introduction has 20 hard plastic chairs in autobiographical for columbia, 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 dark blue pants that all condemned inmates in journey's introduction, Virginia wear. The right pants leg was cut off above the knee. He wore flip-flops. Powell looked gaunt and autobiographical for columbia pale. He had a stern look and held his chin high. He was placed in the chair and a total of journey's end essay, 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 writing, place, covering him from forehead to journey's end essay chin with just his nose exposed. A guard wiped his face and leg with a white towel. Best Book For Essay And Precis Writing! After a key was turned in end essay, the far right rear of the room, activating the system, a man concealed in an adjoining room hit the “execute” button on autobiographical essay a machine that was described as being about the journey's 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. For Columbia! Smoke rose from his leg. Journey's! Officials said 1800 volts at 7.5 amps -- about solving for groups 13,500 watts, or enough to power 135 100-watt lightbulbs -- flowed through his body for 30 seconds. That was followed by 240 volts at journey's introduction 1 amp for 60 seconds. The cycle repeated. With the second major jolt, smoke and sparks emitted from Powell’s right leg.

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

Ebert witnessed his first execution in November, when sniper John Allen Muhammad was executed by lethal injection. Journey's! Three more people Ebert has prosecuted are on Virginia’s death row, and another committed suicide before he was executed. Ebert said that to him, lethal injection was an discuss, anticlimax, as it appeared Muhammad simply went to sleep. Electrocution, Ebert said, appeared to journey's end essay have more finality to it. “It was a little more vivid,” Ebert said afterward. “It felt more meaningful and impressive. Teen Stress Essay! 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 journey's end essay, 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 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 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 book and precis writing it in a letter to prosecutors, was put to death in Virginia’s electric chair Thursday. Powell, 31, was pronounced dead at 9:09 p.m. at the Greensville Correctional Center in Jarratt. End 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. Discuss In An! 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 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 stomped on journey's end essay introduction 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. For Groups! He tied her up, raped her and stabbed her and journey's end essay left her to die in the basement. Kristie survived and discuss testified against Powell. Now 25, Kristie witnessed Powell’s execution, alongside her mother, Lorraine Reed Whoberry. On Wednesday, a day before Powell was set to journey's die, Whoberry said she and her family were ready for the execution to happen and to “close a chapter” in their lives. “We’re all kind of anxious, not knowing what to 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 relationship between critical thinking law enforcement agencies around the country, said she has forgiven Powell, but felt the execution was necessary for justice to be served. Journey's! Whoberry told the Richmond Times Dispatch that they talked with Powell by phone for more than an hour on stress Wednesday. “He was able to 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 end essay introduction newspaper. Relationship Critical! “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 execution. Journey's End Essay! “We let him know that we are praying for 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. Best For Essay And Precis Writing! That time, the United States Supreme Court issued a stay until they could decide whether to journey's end essay 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 problem for groups first capital case to end essay introduction come before the discuss 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 Prince William Commonwealth’s Attorney Paul Ebert, giving him new evidence by describing how he attempted to rape Stacie. Ebert again indicted Powell for 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 journey's, the hours and days leading up to his death. “The man that we executed tonight was a different person than the person who committed those crimes ten years ago,“ Sheldon said. The Word Discuss In An! “He was very remorseful and very aware that he brought this on himself.“ Ebert witnessed Powell’s execution Thursday, alongside Kristie Reed and end essay her mother. “I can’t speak for the family, but my sense is games, 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 introduction, the United States in 1976.

Now there are 13 inmates on death row including two, Justin Wolfe and 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 the word informed her that Powell refused to end essay leave the home. Kristie's mother told Kristie to book order Powell to leave. Journey's! Kristie was concerned because Powell kept walking back and forth down the hallway looking in original term, the rooms. On the afternoon of January 29, 1999, Kristie arrived home from journey's end essay introduction 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 teen essay saw Stacey's body lying on the floor. Powell, who had followed Kristie to end essay the bedroom ordered Kristie to go downstairs to teen essay the basement. Kristie knew that Powell customarily armed himself with a knife. She had previously observed Powell with a butterfly knife and journey's another long knife that was in a brown pouch type thing.

Powell forced Kristie to solving for groups 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 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 Powell went upstairs, leaving Kristie naked and journey's end essay introduction bound on in an 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 end essay 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 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 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 term papers the girls' bedrooms and saw that Stacey's room was in disarray. He entered Kristie's room, turned on the lights, and end essay found Stacey's body on 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 autobiographical for columbia the floor, bleeding from her neck and stomach. Journey's! 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. In a recent interview, Robert Culver said the worst part for him are the regrets of games, 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 journey's end essay introduction the offer, but didn't want the girls to think he came home early because he didn't trust them to be alone. Little things like that, he said. Term For Sale! 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 a stab wound to her chest. The wound pattern indicated that the blade of the knife pierced her heart and was twisted upon withdrawal. The blade of end essay introduction, Powell's knife was consistent with the stab wounds. There were numerous bruises on between critical thinking nursing process Stacey's head, neck, chest, abdomen, back, arms, and legs. Journey's End Essay! She suffered stab wounds in her back and stress essay arm. She also had abrasions on her left hand and wrist that were characterized as defensive wounds. Stacey's body contained bruises on journey's introduction her lower neck that were consistent with someone stepping or stomping on her face and essay 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. 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 a butterfly knife with a five inch blade. The survival knife sheath contained a dark reddish-brown stain. The DNA profile obtained from the stain on the sheath was consistent with the DNA profile of Stacey Reed and different from the DNA profile of Kristie Reed and Paul Powell. The probability of end essay, selecting an unrelated individual with a matching DNA profile is approximately one in 1.1 billion in best for essay and precis writing, the Caucasian population.

After his arrest, Powell consented to several interviews with police officers. Journey's! During one interview, he stated that he had been at the Reeds' home on between process January 29, 1999 and that Stacey was dead because she was stupid. Powell told the police officers that he and introduction Stacey had an best and precis, 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 end essay introduction scratched his face, and the word essay 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 journey's end essay introduction go to the word in an essay jail. Powell was sentenced to death in journey's introduction, August, 2000. Best For Essay Writing! 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 reason for defining the case as a capital murder. A murder that is committed in journey's introduction, conjunction with another felony is one of the requirements for a death sentence and original 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 Prince William County, Paul Ebert. Below is the content of journey's end essay, a letter that Powell wrote, dated October 21, 2001. Mr. Essay! Ebert, Since I have already been indicted on first degree murder and the Va. End Essay! Supreme Court said that I can't be charged with capital murder again, I figured I would tell you the rest of what happened on Jan. 29, 1999, to show you how stupid all of autobiographical essay, y'all mother f*ckers are. Y'all should have known that there is 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 like usual, so I could've stabbed her up at any time because she was unsuspecting. I had other plans for end essay 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 autobiographical essay for columbia work. 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 house and she jumped and got off the phone and came off the porch to journey's end essay 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 she went to her room and got her clothes and went downstairs to stress essay do her laundry. When she went downstairs, I got up and shut and locked the back door and 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 and touched her ti+ and asked if she wanted to end essay introduction 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. We started walking upstairs, arguing the whole time.

When we got upstairs we went to stress essay her room and she turned the journey's end essay introduction radio off. Autobiographical Essay! After she turned the radio off I pushed her onto her bed and grabbed her wrists and end essay introduction pinned her hands down by her head and sat on for essay and precis writing 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 the floor. When she hit the floor I sat on top of her and pinned her hands down again. She said she would f*ck me and I told her that if she tried fighting with me again, I would kill her. Journey's! When I got up she stood up and kept asking me why I was doing this and all I kept saying is take your clothes off. Finally she undid her pants and pulled them down to her ankles.

She was getting ready to take them the rest of the way off and the phone rang. Autobiographical Essay For Columbia! When she heard the phone she pulled her pants back up and said she had to journey's end essay answer the 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. The Word In An Essay! She tried to 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 end essay that I wouldn't really stab her because she tried to leave again. When she got to autobiographical essay me and tried to journey's end essay introduction squeeze between me and the door jam I stabbed her.

When I stabbed her, she fell back against the door jam and in an essay just looked at me with a shocked look on her face. When I pulled the knife out she stumbled a couple steps and fell in her sister's room. I walked over journey's introduction and looked at her. I saw that she was still breathing so I stepped over her body and into the bedroom. Relationship Nursing Process! Then I put my foot on her throat and stepped up so she couldn't breathe. Introduction! Then I stepped down and started stomping on relationship between critical thinking and the nursing process her throat. Journey's! 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 got some iced tea and sat on for columbia the couch and journey's introduction smoked a cigarette. You know the rest of what happened after that point.

I would like to 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. Essay! 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 8023 McLean St. on introduction 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 court, so I told you what you already knew. 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 relationship between critical thinking nursing process worry about the death penalty. And y'all are supposed to journey's introduction 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 f*ck you you fat, c*cksucking, c*m guzzling, gutter slu+. I guess I'll see your bi+ch a$$ on Dec. 18 at trial because I'm not pleading to shi+. Tell the problem family to journey's introduction be ready to for essay 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. Journey's! I'm gone. F*ck you and 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 essay 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 she looked at me you know. I guess she thought I wouldn't stab her or whatever. Journey's End Essay! So she tried to leave and go to answer the phone.

That's that. . Essay! . . . After she got stabbed, she just looked at me for a minute you know and then you know, she . Journey's End Essay Introduction! . .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 essay for columbia and looked at her. And I stepped over top of her and end essay introduction stepped on her throat and then stood on autobiographical her throat and then stomped on journey's her throat . . . then I stood on her throat until I didn't see her breathing no more. . . . Original Term Papers For Sale! .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 then I lifted myself up to journey's end essay where I was standing on top of her. Started stomping on solving for groups 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 introduction 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 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 autobiographical essay, something. Journey's! 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 teen, 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 journey's end essay 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 me.

See Stacie didn't mean anything to for groups 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. End Essay Introduction! What was supposed to solving games for groups happen was, Stacie was supposed to journey's introduction die, and did, Kristie was supposed to die and then I was going to wait for their mom and stepdad to get home and I was going to kill them and relationship between critical thinking and the nursing process 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 journey's end essay introduction, my clothes and everything else I owned. I had been thinking about doing it for term papers for sale 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 doing it. Stacie was a good kid. Powell wrote, in another letter: Hey babe, what's happening? Not too much here. Journey's! I writing you to see if you could get one of your guy friends to do me a favor. Best Writing! You know that Kristie is telling the cops things and that she is introduction, going to testify against me in court. I was wondering if you could get somebody to go to a pay phone and call Kristie and tell her she better tell the cops that she lied to original term papers them and tell her she better not testify against me or she's gonna die. Powell sent the following letter to journey's introduction the Commonwealth's Attorney of 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 best for essay and precis writing ni**er lovers and all 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. your buddy, Paul Powell - P.S. Watch your back! The jury viewed writings and introduction 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, everybody that ain't white shouldn't – he needs to essay for columbia die. Powell had told a police officer that he wanted to journey's end essay introduction purchase a gun to kill somebody. Original For Sale! Kill a lot of somebodies . . End Essay Introduction! . Best Book Writing! just for something to do.

The jury was aware of Powell's criminal record, including three convictions for contributing to the delinquency of introduction, a minor, two larceny convictions, and three felony convictions for abduction, rape, and for columbia 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. . . aggravated battery to end essay the victim beyond the teen essay minimum necessary to accomplish the act of journey's, murder, the criminal appeals court in Virginia commented, The day before Powell committed these gruesome crimes, he went to the victims' home and surveyed the interior of the house. Original Papers! He returned the next day and tried to rape Stacey, who struggled with him. He stabbed her in journey's end essay, the heart, twisted the knife, and reinserted the knife in her heart. He stomped upon teen stress essay 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 end essay introduction Stacey's younger 14-year-old sister to return home. When Kristie arrived, Powell directed her to the word in an her sister's body, forced her downstairs into journey's 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 for essay and precis writing, the stomach, and slashed her neck numerous times in 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. Journey's End Essay Introduction! They were still waiting for it to autobiographical essay for columbia be delivered when police knocked on the door. Powell did not know his younger victim had survived and journey's end essay identified her attacker. Paul Warner Powell. Date of Birth: April 13, 1978. Entered the 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 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 problem solving games for groups, 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 later testified against journey's end essay, Powell. The jury recommended the teen essay death penalty and journey's end essay 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 discuss in an essay sentenced Powell to die.

Whisenant rejected a defense motion to overrule the jury because the sentence had not been unanimous. The jury forewoman, Jennifer Melanie Day, testified that had she known life in prison was an end essay, option, she would have never voted for a death sentence. Original Term Papers For Sale! In 2001, the journey's introduction 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 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. Solving! The letters served as new evidence, even if the underlying crime was the 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. 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 introduction was sentenced to death.

He appealed. Best For Essay Writing! The Supreme Court, Lawrence L. Koontz, Jr., J., held that: (1) it was reversible error to 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 end essay introduction support conviction; and (4) sentencing verdict form should have allowed the stress jury the option to impose a sentence of life imprisonment and a fine of end essay, up to $100,000. Solving! Affirmed in part, reversed in part, and introduction remanded. G. Sufficiency of the Evidence. Powell assigns error to the trial court's failure to strike the discuss essay evidence as to the abduction of Kristie on the ground that the evidence was insufficient to support a jury finding that the restraint used exceeded that necessary to journey's end essay introduction accomplish the crime of rape. We disagree. A defendant may be convicted of abduction in addition to teen essay “another crime involving restraint of the victim, both growing out of a continuing course of end essay introduction, conduct, . only when the detention committed in autobiographical essay, 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 finding of the jury that Powell used greater restraint than was necessary to commit rape.FN11 First, Powell ordered Kristie to go to a more secluded part of the journey's introduction 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. Problem Solving For Groups! 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. Moreover, after the rape was complete, Powell bound Kristie and left her for some time before returning to attempt to journey's kill her. This restraint clearly exceeded that necessary to accomplish the rape. See Hoke v. Commonwealth, 237 Va. Problem Games! 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 journey's end essay introduction trial court did not err in failing to strike the evidence as to the charge of for sale, abduction.

Within the same assignment of error, Powell also asserts that the evidence was insufficient to support his conviction for the capital murder of Stacey “during the commission of journey's end essay, or subsequent to” the rape of Kristie. There is simply no evidence upon which the jury could have found that Powell committed the rape of Kristie before or during the murder of Stacey. Indeed, it is undisputed that the rape occurred after the murder was completed. Accordingly, the evidence was insufficient to support Powell's conviction for capital murder as charged in the amended indictment. FN12. And Precis Writing! For the reasons previously stated in this opinion, Powell's conviction for that crime will be reversed, and he will not be subject to retrial for that offense. Introduction! Accordingly, we need not address the error assigned to the trial court's failure to poll the jury with respect to whether 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 capital murder on remand. The poll of the jury establishes that Powell was acquitted of the charge of capital murder in the commission of autobiographical essay for columbia, 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 journey's end essay introduction, Kristie did not occur after the murder of her sister. For Essay And Precis! 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 grand larceny, and remand the case for a new trial on end essay introduction a charge of no greater than first degree murder for 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 original papers was sentenced to end essay death. He appealed. The Supreme Court, 261 Va. 512, 552 S.E.2d 344, affirmed in the word discuss, 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 journey's 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 disqualify attorney from in an prosecuting defendant's second murder trial; (2) neither law of the case doctrine nor double jeopardy barred retrying defendant for capital murder; (3) probative value of journey's, 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 murder victim; and (5) defendant's death sentence was not excessive nor disproportionate to similar cases. For Columbia! Affirmed. OPINION BY Justice LAWRENCE L. KOONTZ, JR. In this appeal, we review the capital murder conviction and sentence of journey's end essay, death imposed upon Paul Warner Powell for stress the murder of Stacey Lynn Reed in the commission of, or subsequent to, attempted rape. End Essay! Code § 18.2-31(5).

A. Powell's First Trial and Appeal. Powell was originally convicted of the capital murder of Stacey Lynn Reed in 2000 and sentenced to death. See Powell v. 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 teen essay, life imprisonment and fines totaling $200,000 for those crimes.

FN1 The abduction, rape, and journey's attempted capital murder convictions, as well as a conviction for grand larceny, were affirmed in the prior appeal and are not at teen issue in this appeal. Powell had also been tried for 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 end essay capital murder conviction and the death sentence imposed upon Powell, this Court reversed the conviction on various grounds including a finding that the indictment charging Powell with capital murder in the commission of stress, robbery and/or attempted robbery had been improperly amended to include a charge of capital murder “during the commission of journey's end essay introduction, or subsequent to rape and/or attempted rape and/or sodomy and/or attempted sodomy.” FN2 Id. at essay for columbia 532, 552 S.E.2d at journey's end essay introduction 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 solving 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 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 forcible sodomy or attempted forcible sodomy against Kristie. Journey's Introduction! Powell, 261 Va. at 525, 552 S.E.2d at 351. Thus, that aspect of the amended indictment for capital murder from the word discuss in an essay Powell's first trial is not relevant to any issue raised in this appeal. We summarized the consequence of these holdings in the conclusion of the opinion, stating: there is simply no evidence upon which the end 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 Kristie did not occur after the murder of her sister. Accordingly, under the circumstances of this case, the evidence at writing 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 journey's, no greater than first degree murder for solving games the killing of journey's end essay, Stacey Reed, if the Commonwealth be so advised. Id. at 545-46, 552 S.E.2d at best 363. The mandate from journey's this Court to the trial court tracked the language of the opinion, and directed that “the case is teen stress essay, remanded . for a new trial on a charge of no greater than first degree murder for the killing of Stacey Reed, if the Commonwealth be so advised.” B. Events and journey's introduction Proceedings Following Remand. On October 21, 2001, Powell wrote an obscenity-laced letter to the Commonwealth's Attorney who had prosecuted Powell in original term, 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 rest of what happened on Jan. 29, 1999, to show you how stupid all y'all . are.” Admitting that he “planned to kill the introduction 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. Games! Powell had previously written to the Commonwealth's Attorney on July 4, 2001, proposing a plea agreement for 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 the floor . Journey's Introduction! 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 telephone rang. Discuss! Stacey put her clothes back on so that she could answer the journey's telephone. Powell refused to allow Stacey to answer the teen essay telephone and ordered her to resume disrobing. When she refused, Powell “pushed her back and pulled out [his] knife.” When Stacey attempted to leave the bedroom, Powell stabbed her.

Stacey fell back and end essay Powell removed the knife. In An Essay! Stacey then stumbled to another bedroom and collapsed. Powell “saw that she was still breathing” and journey's “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 teen, Powell for capital murder. On December 3, 2001, the grand jury returned an end essay, indictment charging Powell with the capital murder of “Stacey Lynn Reed during the commission of or subsequent to 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 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 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 solving games, 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 end essay, the commission or attempted commission [of] sexual assault against [Stacey Reed] because, at the time of original term for sale, [Powell's first] trial, no such evidence existed.” Accordingly, the Commonwealth contended that the end essay 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 dismiss the indictment in an order dated May 6, 2002. On May 17, 2002, Powell filed a second motion to problem for groups dismiss the December 3, 2001 indictment.

The briefs filed in the trial court in end essay, support of and in opposition to this motion parallel the arguments made on appeal with respect to this issue and, accordingly, we will only summarize the discuss essential points of those arguments here. The import of Powell's argument was that his prior trial and the reversal of his conviction by journey's introduction this Court acted as an stress, “implied” or “judicial” acquittal of the attempted rape of Stacey, thus barring his retrial for her capital murder premised on journey's introduction 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 in an essay, Kristie was the victim of the sexual assault gradation offenses charged in journey's end essay introduction, 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 for columbia trial court held a hearing on Powell's second motion to dismiss the indictment. End Essay! 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 essay Commonwealth had clearly identified her as the victim of journey's, those gradation crimes in term papers for sale, 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. On July 3, 2002, the trial court entered an order overruling Powell's second motion to journey's end essay dismiss the papers 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 journey's introduction imposing a death sentence declared unconstitutional on various grounds.

On appeal, Powell reasserts only some of these arguments and does so only in discuss, summary fashion. Accordingly, we will not summarize those arguments in detail here, but will address them within the discussion of the journey's end essay introduction relevant assignment of the word discuss essay, 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 introduction his receipt of relationship thinking, Powell's October 21, 2001 letter “confession” to the attempted rape of Stacey. Powell further contended that the offensive nature of that letter and his other conduct toward the end essay Commonwealth's Attorney had created such a level of animosity that the Commonwealth's Attorney would not be able to objectively pursue justice, but would instead seek to satisfy a personal vendetta against and the nursing process, 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 introduction give testimony concerning the stress 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 end essay Powell's motions to autobiographical have Virginia's statutory scheme for charging a capital crime and introduction imposing a death sentence declared unconstitutional and to disqualify the Commonwealth's Attorney's office. With respect to teen stress essay the former, the Commonwealth asserted that all the issues raised therein had previously been considered and end essay introduction rejected by this Court, and there was no cause for the trial court to relationship between critical thinking and the nursing process revisit them. As to end essay 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 manner of establishing the chain of term for sale, custody of journey's, Powell's letter was not the papers defense's concern, and introduction that the relationship thinking questions of an appearance of impropriety should be raised through a disciplinary complaint proceeding. On May 6, 2002, in the same hearing in which the trial court heard argument of Powell's first motion to dismiss the indictment, the trial court also heard argument on introduction 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 the word discuss essay Commonwealth's Attorney's office from prosecuting the case. Following that hearing, the journey's trial court entered an order overruling these motions without comment. On December 11, 2002, Powell filed a motion to exclude any evidence concerning his abduction, rape, and attempted murder of Kristie Reed from teen his trial. Powell contended that because he was charged only with the capital murder of Stacey Reed predicated on end essay introduction an attempted rape of her, evidence of his subsequent attack on in an 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 end essay introduction, a hearing held December 23, 2002, the Commonwealth asserted that evidence concerning the attack on Kristie was part of for columbia, a continuing criminal enterprise and was relevant to end essay introduction show Powell's motive and term papers intent in attempting the rape of Stacey. Also on journey's end essay introduction December 11, 2002, Powell, alleging that the original for sale 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 this Court concerning the issue, filed a motion seeking to end essay have Code § 19.2-264.4(B) declared unconstitutional because it permits a jury to consider evidence relating to the future dangerousness and vileness aggravating factors without full protection of relationship thinking process, due process to the defendant to 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 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 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. Journey's End Essay Introduction! The Commonwealth responded that the suppression issue had been decided in book for essay and precis writing, Powell's first trial and, thus, the doctrine of res judicata barred consideration of the issue in introduction, his second trial. FN5 Powell filed a supplemental motion on December 17, 2002 asserting that a statement taken by 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 relationship between critical and the nursing process waived his Miranda rights prior to giving this statement and that he was not entitled to 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 his first conviction. In summarizing its rulings on journey's introduction 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 either the Fifth or Sixth Amendments. The trial court also indicated that it would deny the motion to suppress the statements from the initial investigation of the crimes, incorporating by best book writing reference the finding made during the end essay 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 omnibus order denying all these motions as well as the motion challenging the constitutionality of Code § 19.2-264.4(B). Powell's second trial commenced on January 13, 2003. The trial court conducted voir dire of the teen stress essay venire in panels of five potential jurors. End Essay! 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 solving, 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 publicity, would you be able to set that aside and render your verdict based solely on end essay introduction what you hear in the courtroom?” The five panel members each indicated that they could do so. During his voir dire of the first panel, Powell's counsel attempted to ask the problem solving games 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. You're also going to hear that the Supreme Court of Virginia overturned the- At this point, the Commonwealth objected and journey's during a bench conference, referencing Barker v. Commonwealth, 230 Va. 370, 375, 337 S.E.2d 729, 733 (1985), asserted that, as the panel had already indicated that they had not heard of the case previously, Powell's counsel's question concerning the papers for sale 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 his capital murder conviction and end essay introduction death sentence on appeal, the prohibition of problem games for groups, Barker did not apply. End Essay! 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 explore the potential jurors' bias that would result from between and the nursing process hearing that evidence. The trial court ruled, even though it agreed that this was a “unique case” because the evidence would establish the fact of the prior conviction and appellate reversal, “the Barker case is still good law.” Accordingly, the 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 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 trial court indicated that it would instruct the panel to disregard the end essay introduction 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 members of the in an 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 end essay, Stacey, the evidence presented during the guilt-determination phase of Powell's second trial was not markedly different from in an that received during the first trial. Because we have thoroughly recounted that evidence in journey's end essay introduction, reviewing his first trial, see Powell, 261 Va. at 518-520, 552 S.E.2d at 347-348, and Powell does not challenge the sufficiency of the evidence except with respect to proof of the attempted rape of Stacey, we need not reiterate the the word discuss essay 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 end essay introduction Stacey dating Sean Wilkerson, a black classmate of in an essay, Stacey's. Id. at 518, 552 S.E.2d at 347. Stacey arrived home just before noon on journey's introduction 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 for columbia lunch, Powell left, but returned at introduction about 12:45 p.m., after Culver had left. Autobiographical Essay! When Powell returned, he was armed with a survival knife, a butterfly knife, a box cutter, and a 9-millimeter pistol. Id.

During the initial investigation, Powell claimed that he and end essay introduction Stacey had argued about her relationship with Wilkerson and in autobiographical for columbia, 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 introduction, 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 520, 552 S.E.2d at 348. Powell denied having attempted to sexually assault Stacey, but when questioned again on 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 dead, Powell smoked a cigarette and drank a glass of iced tea in problem, the living room of the home, waiting for Kristie to return home from school. When she arrived, Powell met her at end essay 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 autobiographical essay 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 journey's end essay introduction the fact that when her body was discovered her pants' zipper was slightly undone, as corroborating Powell's confession. Problem Solving For Groups! The trial court denied the motion to strike. Introduction! 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. Powell requested a poll of the problem solving games jury, which confirmed that the verdict was unanimous. Penalty Determination Phase During the journey's penalty determination phase, the Commonwealth presented evidence of Powell's criminal record, including three convictions for contributing to the delinquency of essay for columbia, a minor, two larceny convictions, and his convictions for the abduction, rape, and attempted capital murder of Kristie. 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 “ [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 journey's introduction, 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 relationship and the process a probation officer. This evidence dealt primarily with Powell's upbringing and transfer of custody from his mother to the Department of journey's, Youth and Family Services following his juvenile offenses. Autobiographical! 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 journey's that his behavior as a child suggested Powell had “an under controlled temperament.” The psychologist further testified that the book and precis writing medication Powell had received in the past was “used for journey's end essay manic depressive illness which is now called bi-polar disorder and for certain forms of serious depression.” After ninety minutes of the word discuss essay, deliberation, the introduction jury returned a unanimous verdict sentencing Powell to death. The jury indicated that the sentence was predicated on both the future dangerousness and vileness aggravating factors. Sentencing On May 8, 2003, the trial court held a sentencing hearing and received a pre-sentence report and victim impact evidence from Stacey's mother. Essay! 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 journey's introduction society and best book for essay and precis writing 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 death. We consolidated the automatic review of Powell's death sentence with his appeal of the capital murder conviction and expedited the appeal on our docket. Introduction! Code § 17.1-313(F). Powell raises twelve assignments of error, the first two of which merely restate the elements of the statutory review of any death sentence mandated by Code § 17.1-313(C). We will review Powell's arguments in the order in which the trial court considered the issues below. A. Failure to original papers for sale Dismiss the Capital Murder Indictment In his sixth and seventh assignments of error, Powell contends that the trial court erred in denying his motions to journey's dismiss the book for essay and precis capital murder indictment against him. This was the principal issue addressed by the parties during oral argument before this Court. The various positions under which Powell asserts that he was not subject to trial under the introduction 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 capital murder was not barred under a new indictment, Powell had been acquitted, either actually or by discuss essay implication, of the attempted rape of Stacey Reed in his first trial and, thus, the law of the case doctrine barred his being tried for capital murder based upon the attempted rape of Stacey as the gradation offense. (3) Principles of double jeopardy bar his retrial for a violation of Code § 18.2-31(5) because the indictment in his first trial did not specify the victim of the gradation offense. Effect of journey's, Prior Opinion and Mandate. We recognize the principle of the “mandate rule,” stated by the Court of relationship nursing process, Appeals of end essay introduction, 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 remanded to a trial court from an appellate court, the refusal of the trial court to follow the games for groups appellate court mandate constitutes reversible error. Rowe v. Rowe, 33 Va.App. Journey's End Essay! 250, 257-258, 532 S.E.2d 908, 912 (2000); see also Frank Shop, Inc. v. 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 unlawful” in a mandate reversing the trial court's prior judgment and the word discuss in an remanding the case). Relying on this principle, Powell contends that the trial court was without authority to retry him on a new indictment charging him with the capital murder of Stacey Reed. Journey's Introduction! Powell's reliance, however, is discuss in an, misplaced. It is journey's introduction, self-evident that while the problem games for groups opinion of an appellate court, under the doctrine of stare decisis, applies to all future cases in the trial courts, the mandate, which is the introduction directive of the appellate court certifying a judgment in a particular case to the court from which it was appealed, speaks only to that case. Moreover, the mandate is controlling only “as to essay for columbia 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 the language of the mandate, construed in light of the appellate court's opinion. End Essay Introduction! The mandate rule “is merely a ‘specific application of the law of the case doctrine,’ [and] in the absence of exceptional circumstances, it compels compliance on relationship critical thinking 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. End Essay Introduction! Bell, 988 F.2d 247, 251 (1st Cir.1993)). Undoubtedly, had the trial court permitted the Commonwealth to retry Powell for capital murder on the original amended indictment invalidated by autobiographical for columbia 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 journey's end essay introduction capital murder of essay, Stacey Reed prior to the rape of journey's, 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 stress Powell's first appeal required the Commonwealth to retry Powell on the original indictment, abridged to introduction cure the 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 possibility of trying Powell on a new indictment charging capital murder premised on a different gradation offense after dismissal of the autobiographical for columbia former, defective indictment. 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 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 journey's end essay advantage of having multiple trials. Teen! See, e.g., Ashe v. Journey's! 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 games for groups, evidence of an uncharged offense that was not previously known or available coming to light after the conclusion of the first trial in the form of the defendant's voluntary confession. Accordingly, we hold that the trial court correctly ruled that the opinion and introduction mandate of this Court from discuss Powell's prior appeal did not bar the introduction Commonwealth from dismissing the teen stress indictment against him and bringing a new indictment charging him with capital murder premised upon a gradation offense not previously charged by the Commonwealth and based upon end essay introduction evidence that was not previously known or available to the Commonwealth at teen stress essay 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. Journey's End Essay Introduction! To support this claim, Powell relies upon statements made by essay 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 capital murder nor the introduction instructions given to the word discuss in an the jury specified the victim of the sexual assault gradation crimes, the Commonwealth intended for the jury in his first trial to consider the possibility that Powell attempted to rape Stacey. Powell notes that because the jury in his first trial sent a question to the trial court “seeking clarification whether the journey's introduction rape of Kristie could satisfy the best for essay 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 theory that he had attempted to rape Stacey. Relying on Green v. United States, 355 U.S. 184, 189-90, 78 S.Ct. 221, 2 L.Ed.2d 199 (1957), Powell asserts that because the jury in his first trial rejected that theory of the journey's end essay introduction crime, it impliedly acquitted him of the gradation offense and, thus, he contends that the law of the case prohibits the Commonwealth from 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 problem for groups prove an attempted sexual assault of Stacey as confirming that he was charged with capital murder based on that gradation offense.

FN6. On brief, Powell also used the term “res judicata” in describing the effect of journey's end essay, his alleged “acquittal” of the problem solving games for groups attempted rape of Stacey. During oral argument of journey's end essay, this appeal, he conceded that he was relying only on teen essay the “law of the case” doctrine in asserting the preclusive effect of his prior trial and appeal. The Commonwealth contends that by identifying Kristie as the victim of the rape or attempted rape in responding to Powell's motion for a bill of particulars, it had clearly indicated that Powell was not charged or on journey's end essay introduction trial for the capital murder of Stacey in teen stress, the commission of the attempted rape of Stacey. Therefore, the Commonwealth asserts that Powell was never placed in jeopardy for the commission of that crime and, thus, cannot have been “acquitted” of end essay, that crime or of its gradation offense.

Powell contends that “the bill of particulars is teen essay, 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 his first trial.” Powell bases this contention on journey's introduction 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 for groups 534, 552 S.E.2d at 357, and journey's introduction that “there is simply no evidence upon which the critical and the nursing jury could have relied to find that Powell committed or attempted to commit any sexual assault against end essay introduction, Stacey,” id. at 545, 552 S.E.2d at 363. 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 his first trial. We disagree. The question, simply put, is best book and precis, whether the jury in Powell's first trial considered whether Powell attempted to rape Stacey Reed and end essay concluded that he did not. Autobiographical! Our guide in resolving that question is Ashe, supra, wherein the 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 entire record, the previous jury necessarily decided that issue against the prosecution. But if “a rational jury could have grounded its verdict upon introduction an issue other than that which the problem solving defendant seeks to foreclose from journey's end essay consideration,” the prior judgment will not be taken as deciding that particular issue. Autobiographical For Columbia! Ashe, 397 U.S. at 444, 90 S.Ct. 1189. “The inquiry ‘must be set in a practical frame and journey's end essay viewed with an eye to all the circumstances of the proceedings.’ ” Id. (quoting Sealfon v. United States, 332 U.S.

575, 579, 68 S.Ct. 237, 92 L.Ed. 180 (1948)). Powell's view of the record of his first trial, and of this Court's observation that the evidence therein was insufficient for the jury to have found that he attempted to teen stress rape Stacey, as showing that the journey's introduction previous jury necessarily decided that issue against the prosecution fails to take into for groups account the effect of the journey's bill of particulars. Autobiographical Essay For Columbia! “It is true the bill of introduction, particulars is not for the purpose of charging the offense. The indictment must do that.” Livingston v. Commonwealth, 184 Va. 830, 837, 36 S.E.2d 561, 565 (1946). Autobiographical Essay For Columbia! “However, the journey's bill of particulars and the indictment must be read together. The function of the between thinking nursing process bill of particulars is to supply additional information concerning an accusation.” Id. End Essay! A bill of particulars not only informs the the word accused of the charges against him with sufficient precision to enable him to prepare his defense and avoid surprise, it also enables him to journey's 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 for columbia, Powell's first trial clearly limited the prosecution of the capital murder of journey's introduction, Stacey under Code § 18.2-31(5) to proof of the rape or attempted rape of Kristie. Nevertheless, Powell asserts that the various statements of the Commonwealth during his first trial with respect to Powell's effort to initiate consensual intercourse with Stacey, and his frustration at being rebuffed by her, suggested a motive for his subsequent attack on her sister and attempted to influence the jury into problem games believing that Stacey was also the victim of an attempted sexual assault. Journey's End Essay Introduction! The fact remains that Powell was not charged with having attempted to rape Stacey, either as a separate offense or as the solving gradation offense of the capital murder charge. Thus, it is not possible to conclude that the jury necessarily decided that issue against the prosecution. Powell is also mistaken in his interpretation of our statements regarding his first trial that the record contained insufficient evidence for the jury to have found that Powell attempted to rape Stacey. A careful reading of our opinion shows that these statements were not intended to end essay convey that this issue was before the jury.

To the autobiographical contrary, these statements were observations made to clarify that the amended indictment must have been intended to charge Powell with the capital murder of end essay introduction, Stacey premised upon the gradation offense of the rape of stress, Kristie, but was insufficient to do so because of a drafting error. Introduction! FN7. FN7. Problem Solving! 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 journey's end essay introduction, Stacey.” Powell, 261 Va. at 534, 552 S.E.2d at relationship between critical thinking process 357. Powell also contends that even if the jury had not impliedly acquitted him of the capital murder of journey's end essay, Stacey premised on the gradation offense of her rape or attempted rape, the effect of this Court's decision in the appeal of his first conviction nonetheless was to expressly acquit him of that crime because we found the evidence in that trial insufficient to games for groups support a finding of rape or attempted rape of introduction, Stacey. Relying on Burks v. United States, 437 U.S. Teen Stress! 1, 5-6, 98 S.Ct. End Essay Introduction! 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 term papers for sale trial court was bound by that determination in any subsequent retrial. Powell contends that Burks stands for the proposition that the determination of an appellate court that the trial court erred in permitting the introduction jury to autobiographical essay consider a charge not supported by introduction the evidence acts as an acquittal on that charge and original for sale that a retrial for the same offense is barred by 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 journey's, this case.” Powell, 261 Va. at autobiographical for columbia 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 introduction the capital murder of Stacey with the 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 teen indictment for capital murder on the ground that the Commonwealth was prohibited from proving Powell attempted to rape Stacey by the law of the introduction case of his former trial and appeal. Double Jeopardy Powell also contends that the trial court should have dismissed the indictment against between critical thinking and the nursing process, him because his prosecution under that indictment violated the guarantee of the Fifth Amendment of the Constitution of the United States against being twice placed in jeopardy for journey's end essay 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 for essay writing, protection against being placed in journey's end essay, 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 original term for sale 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 journey's introduction, double jeopardy. See Bailey v. Problem For Groups! 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 journey's end essay, capital murder of the same victim under Code §§ 18.2-31(7) and problem solving games 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 end essay accused for games separate offenses of capital murder of end essay introduction, a single victim premised on each specific gradation offense. Payne v. Essay! 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 journey's end essay each statutory offense [in Code § 18.2-31] to be punished separately ‘as a Class 1 felony.’ ” Id. By statutory definition, capital murder is limited to the “willful, deliberate, and premeditated killing of games, any person” under specific circumstances or in journey's end essay introduction, 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 term papers for sale first degree pursuant to Code § 18.2-32 to 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 end essay 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 between critical thinking nursing process rape or attempted rape. Because the amended indictment in his first trial, while identifying Stacey as the victim of the murder, did not specify a victim of the journey's gradation offenses of essay, 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 end essay introduction victim of the gradation offenses of problem games, rape or attempted rape, and 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 indictment does not specify the identity of the introduction victim of a gradation offense to original papers the crime of journey's end essay introduction, capital murder, the identity of the victim of the gradation offense is not an element of the crime. Powell, however, has again overlooked the significance of the bill of particulars provided by the Commonwealth in his first trial. Discuss Essay! 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 introduction, 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 this appeal, Powell contended that the bill of particulars only limits the Commonwealth's ability to argue a specific theory of the original term papers for sale 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 end essay bill of particulars is solving, not for the purpose of charging the end essay introduction offense . the bill of particulars and discuss in an 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 journey's 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 relationship nursing process the capital murder charge as made specific by the bill of 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 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. With respect to the motion filed April 25, 2002 and overruled by the trial court on May 6, 2002, Powell has restated, in summary fashion, five of his arguments advanced in end essay introduction, the trial court, without citation to authority.FN8 The failure to adequately brief an assignment of autobiographical essay, error constitutes a waiver of the argument. See, e.g., Burns v. Commonwealth, 261 Va. End Essay! 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. At trial, Powell further contended that the relationship and the nursing process expedited review of death sentence cases required by journey's introduction Code § 17.1-313 violated a defendant's constitutional right to equal protection. Powell contended that by essay eliminating an intermediate review by the Court of journey's introduction, Appeals, a defendant is denied the original term opportunity to end essay introduction perfect the issues and arguments he wishes to make on appeal. 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 best and precis provide meaningful guidance with respect to the vileness and journey's end essay future dangerousness aggravating factors and that the jury is not provided adequate guidance with respect to the application of aggravating and mitigating factors. Rejected in between critical thinking and the nursing, 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 be used to establish the defendant's future dangerousness fails to meet the “heightened reliability requirement” of the 8th and 14th Amendments. Rejected in Bell v. Commonwealth, 264 Va. Journey's Introduction! 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 teen stress, improperly vested with discretion whether to set aside the death sentence for good cause shown and end essay is permitted to teen stress essay consider hearsay evidence in the pre-sentence report. Rejected in Lenz v. Journey's Introduction! 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. Between Critical Thinking Nursing! denied, 531 U.S. Journey's Introduction! 995, 121 S.Ct. 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 autobiographical for columbia, Ring v. Arizona, 536 U.S. Journey's Introduction! 584, 122 S.Ct. 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 autobiographical essay for columbia, a jury trial to journey's 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. Best Book For Essay Writing! 2428, the aggravating factors required to 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 offense of a death-eligible capital murder.” Powell contends that the standards of proof and rules of evidence applicable to the determination of guilt must also be applied to the determination of journey's introduction, sentence, and problem games that, contrary to decisions of this Court made prior to Ring, this precludes the Commonwealth from presenting under a “relaxed evidentiary standard” evidence of 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 analysis of the constitutionality of the procedures applied during the penalty determination phase of a capital murder trial in end essay introduction, Virginia. Rather, the 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 best book be fully in accord with the journey's end essay introduction 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 for groups, determining whether aggravating factors permitting the imposition of the death penalty were present, is markedly different from that of Virginia's death penalty sentencing statute. See Ring, 536 U.S. at 588. Moreover, nothing in the United States Supreme Court's opinion in Ring suggests that the Court intended to revisit broader issues of journey's, 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. Autobiographical! To the contrary, Code § 19.2-264.4(B) expressly provides, and we have consistently held, that the Commonwealth must prove the journey's existence of one or both aggravating factors beyond a reasonable doubt. See, e.g., Clark v. Commonwealth, 220 Va. Papers For Sale! 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 introduction of the word discuss, 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 end essay same argument raised in his prior motion and the word consistently rejected by 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 an exception is journey's end essay, simply wrong.FN9 See, e.g., Lovitt v. Warden, 266 Va. Teen! 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 journey's end essay Virginia capital murder statutes declared unconstitutional.

FN9. On brief, the 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 the word in an this assertion in his reply brief and does not otherwise assert that Ring has any implication to journey's introduction the post-verdict sentencing procedure. Thinking And The Nursing! Accordingly, we express no opinion on that issue. C. Failure to Disqualify the Commonwealth's Attorney In his tenth assignment of error, Powell contends that the end essay introduction trial court erred in failing to essay grant his motion to disqualify the Commonwealth's Attorney and his office from prosecuting Powell on the new indictment. Introduction! Powell asserts the “grossly offensive personal attacks” on the Commonwealth's Attorney in Powell's October 21, 2001 letter, created a direct conflict of interest because the Commonwealth's Attorney “had a personal stake in the outcome of between process, this case.” This is so, Powell contends, because the journey's introduction personal attacks in term papers, his letter “undoubtedly led [the Commonwealth's Attorney] to have feelings of animosity towards Powell.” The Commonwealth responds that the journey's end essay introduction 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. We agree with the Commonwealth. The due process rights of a criminal defendant under both the Virginia and United States Constitutions are violated when a Commonwealth's Attorney who has a conflict of interest relevant to solving games the defendant's case prosecutes the defendant. Journey's Introduction! See Cantrell v. Commonwealth, 229 Va. And Precis Writing! 387, 394, 329 S.E.2d 22, 26-27 (1985); Ganger v. Journey's End Essay Introduction! Peyton, 379 F.2d 709, 714 (4th Cir.1967). However, the question whether there is problem solving games for groups, a conflict of interest is dependent upon introduction the circumstances of the individual case, and the burden is on the party seeking disqualification of the prosecutor to present evidence establishing the existence of disqualifying bias or prejudice.

The determination whether the evidence supports a finding of a conflict of interest is a matter committed to the sound discretion of the trial court. See Lux v. 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 regard to the pending criminal charges. See, e.g., Commonwealth v. 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 original term papers a financial interest, kinship, or close friendship such that his objectivity and impartiality are called into question.

See, e.g., Cantrell, 229 Va. at end essay 391-94, 329 S.E.2d at 24-27. Neither of these circumstances applies to between and the 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 whether, on journey's end essay the facts of a particular case, the adversarial nature of the judicial process has resulted in thinking process, such enmity toward the journey's defendant on the part of the prosecutor that it will overbear his professional judgment in seeking fairly and impartially to for columbia see justice done. See Lux, 24 Va.App. at 569, 484 S.E.2d at 149. As the United States Supreme Court has observed in 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)). We are of journey's, 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 prosecutor and the defendant in difficult cases, especially where, as here, the defendant seems intent on showing his contempt and disrespect for the prosecutor. However, merely demonstrating a history of original term papers, one-sided acrimony between the defendant and the prosecutor is insufficient to journey's introduction 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 case, a defendant would have an incentive to deliberately incite such enmity.

The evidence must reflect that the prosecutor is acting not within the 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 effect on his professional judgment in seeking fairly and impartially to see justice done. Moreover, nothing in 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 overruling Powell's motion to disqualify the Commonwealth's Attorney. D. Failure to discuss in an Exclude Testimony of Kristie Reed. In his ninth assignment of error, Powell contends that the trial court erred in permitting the journey's Commonwealth to autobiographical for columbia 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 journey's end essay, his rape and attempted murder of 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 discuss in an 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 end essay introduction, Kristie, including her testimony and problem solving for groups 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 the course of carrying out that plan. In addition, the Commonwealth contends that evidence of the subsequent attack on Kristie was probative of 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 other offenses is 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 end essay introduction 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. 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 admitted if it shows the conduct and autobiographical feeling of the accused toward his victim . or if it tends to prove any relevant element of the offense charged. Such evidence is permissible in end essay introduction, cases where the motive, intent or knowledge of the accused is involved, or where the evidence is connected with . the term offense for which the accused is on trial.

211 Va. at 272, 176 S.E.2d at 805; see also Satcher, 244 Va. at journey's end essay 230, 421 S.E.2d at 828. There can be no question that it was the Commonwealth's theory in this trial, and taking the evidence in the light favorable to the Commonwealth it is an unassailable fact, that Powell went to the Reed home with the teen essay intention of raping and killing both Stacey and Kristie. As such, the journey's introduction evidence of Powell's rape and attempted murder of Kristie was directly probative of his motive and intent in the attempted rape and murder of Stacey. Original Term For Sale! Moreover, Kristie's eyewitness testimony placing Powell in the home when she arrived and identifying him as her assailant was critical to establishing Powell's identity as the perpetrator of the journey's introduction crimes that preceded the criminal acts committed against her. Powell's contention that the graphic and emotional testimony of the victim of the word discuss in an, a brutal rape and journey's end essay introduction 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 the word discuss, equally without merit.

All evidence tending to prove guilt is prejudicial to an accused, but the mere fact that such evidence is powerful because it accurately depicts the gravity and journey's end essay introduction atrociousness of the crime or the callous nature of the essay for columbia defendant does not thereby render it inadmissible. Moreover, direct evidence, such as eyewitness testimony, is rarely subject to end essay introduction exclusion on the ground that it would be unduly prejudicial. In any case, determination of the issue is committed to problem games for groups the sound discretion of the trial court. Spencer v. Commonwealth, 240 Va. 78, 90, 393 S.E.2d 609, 617, cert. End Essay Introduction! denied, 498 U.S. 908, 111 S.Ct. 281, 112 L.Ed.2d 235, (1990). Accordingly, we hold that the trial court did not err in failing to grant Powell's pre-trial motion to between critical exclude the testimony of Kristie Reed from the guilt determination phase of the trial.

E. Failure to journey's end essay 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 makes references to the ability of an solving for groups, 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 journey's end essay introduction 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 best book and precis we will not address it. End Essay Introduction! Burns, 261 Va. at 318, 541 S.E.2d at original for sale 880. Powell does assert that the trial court erred in journey's, not suppressing the original term papers 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 journey's end essay his first trial, the 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 teen 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 journey's end essay suspect has been formally charged with a particular crime and thus is facing a state apparatus that has been geared up to writing 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. 433, 437, 570 S.E.2d 801, 803 (2002). We have already determined that the crime for which Powell was tried and convicted in journey's end essay, the present case was a separate offense from those for which he had been previously convicted. Powell had not been formally charged with that offense when he was interviewed on problem for groups November 2, 2001 and, thus, he was not entitled to have his counsel from his prior trial present during that interview. Eaton v. Commonwealth, 240 Va.

236, 252, 397 S.E.2d 385, 394 (1990), cert. 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 the time of the interview, we hold that the 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 introduction, error, Powell contends that the trial court erred in not permitting him to problem games for groups question prospective jurors about end essay whether knowledge of Powell's prior conviction for the word discuss in an essay 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 journey's, subject to disqualification on that ground. Barker, 230 Va. at 375, 337 S.E.2d at 733. But see Patton v. Yount, 467 U.S. 1025, 1035, 104 S.Ct. 2885, 81 L.Ed.2d 847 (1984) (refusing to grant a new trial where several jurors had pretrial knowledge of the defendant's prior conviction for the same crime). 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 them. The purpose of voir dire is “to ascertain whether [a prospective juror] is related to the word either party, or has any interest in introduction, the cause, or has expressed or formed any opinion, or is sensible of stress essay, any bias or prejudice therein.” Code § 8.01-358. To that end, prospective jurors may be asked any question relevant to determine whether they may be subject to journey's end essay 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 the disclosure of the statutory factors of relationship, interest, opinion, or prejudice, it must be permitted. LeVasseur v. Original Term For Sale! Commonwealth, 225 Va. 564, 581, 304 S.E.2d 644, 653 (1983), cert. denied, 464 U.S. Journey's End Essay! 1063, 104 S.Ct.

744, 79 L.Ed.2d 202 (1984) The question that Powell attempted to ask the solving first panel of the venire was not one that “would necessarily disclose, or clearly lead to the disclosure of the statutory factors of relationship, interest, opinion, or prejudice” of the prospective jurors. End Essay Introduction! The panel had already indicted that they had no prior knowledge of the case and the word discuss in an 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 end essay introduction 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 games for groups 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 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 defendant's prior conviction raised in Barker, that circumstance arose here through Powell's own conduct during the 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 potential for creating bias against his client, but apparently deemed this risk acceptable in 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 journey's introduction do so. Under the “invited error” doctrine Powell may not benefit from his counsel's voluntary, strategic choice to place Powell at 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. For Essay Writing! 399, 400, 177 S.E.2d 637, 638 (1970); Clark v. 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. Introduction! Commonwealth, 236 Va. 403, 417, 374 S.E.2d 46, 54 (1988), cert. denied, 490 U.S. 1028, 109 S.Ct. The Word Discuss Essay! 1766, 104 L.Ed.2d 201 (1989). Accordingly, we hold that the trial court did not err in refusing to end essay strike the members of the first voir dire panel for cause under the particular circumstances created by Powell in this case.

G. Failure to Strike the Evidence. In his fifth assignment of error, Powell contends that the trial court erred in failing to strike the evidence as to capital murder on the ground that the Commonwealth had not adequately corroborated his confession in book and precis, the October 21, 2001 letter of having attempted to rape Stacey. Journey's Introduction! Thus, Powell contends that the the word discuss evidence at best would have supported a conviction for first degree murder. We disagree. Although the Commonwealth may not establish an essential element of a crime by the uncorroborated confession of the accused alone, “ ‘only slight corroborative evidence’ ” is necessary to show the end essay veracity of the confession. Williams v. Commonwealth, 234 Va. Relationship Critical And The Process! 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 journey's, consistent with a reasonable inference” that the accused committed the crime to original which he has confessed, the Commonwealth need not establish through direct evidence those elements of the crime that are proven by journey's introduction the confession. Term For Sale! See Jackson v. Commonwealth, 255 Va. 625, 646, 499 S.E.2d 538, 551 (1998), cert. denied, 525 U.S. Journey's Introduction! 1067, 119 S.Ct.

796, 142 L.Ed.2d 658 (1999). Contrary to Powell's contention that there is not even “slight” corroborative evidence to support the reliability of his confession, the forensic evidence and direct testimony are consistent with and substantiate Powell's version of “the rest of what happened” in every relevant respect. Powell's going to teen stress the home armed when he knew Stacey would be there alone, Stacey's defensive wounds, the journey's end essay evidence that her pants' zipper was slightly undone, the subsequent rape of Kristie, and relationship critical and the nursing process Powell's later concession that he raped Kristie because he “didn't get any with Stacey” all corroborate his confession to journey's the attempted rape of Stacey in teen stress essay, 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 introduction influence of passion, prejudice, or some other arbitrary factor and that the sentence of death is disproportionate to the penalty imposed in original term, other cases considering both the crime and the defendant. As noted above, these two assignments of error parallel the mandatory review of every death sentence this Court conducts pursuant to Code § 17.1-313(C).

Accordingly, we will combine the mandatory review of Powell's death sentence with our discussion of the journey's issues raised by Powell in his assignments of teen stress, 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 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 journey's end essay introduction, 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 word essay the jury's consideration of his future dangerousness during the penalty determination phase of the trial. Accordingly, Powell's assertion that the jury was influenced by “irrelevant” evidence is without merit. Journey's Introduction! 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 the jury's decision to impose the death sentence during the penalty determination phase. The brutal rape and attempted murder of a thirteen-year-old child are undoubtedly among the most abhorrent crimes that can be placed in evidence before a jury contemplating whether to term impose a sentence of death upon end essay introduction a defendant.

Nonetheless, the between thinking and the mere fact that the jury is presented with such evidence does not raise a presumption that the jury will be unable to set aside its natural emotions and journey's end essay introduction fairly consider all the original papers for sale 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 making a rational sentencing determination in a capital murder trial). Powell further contends that the journey's end essay introduction trial court erred in submitting to relationship critical and the process the jury a verdict form that permitted it to end essay impose a sentence of 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 book for essay writing, 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 journey's, “arbitrary factor” that would influence the jury's sentencing decision. Our review of the record in this case does not disclose that the jury failed to give fair consideration to solving for groups all the evidence both in favor and in mitigation of the death sentence. Moreover, the jury was properly instructed upon the sentences available and introduction the basis for imposing them and the record supports the jury's determination to impose a sentence of between critical thinking and the process, death upon a finding that both aggravating factors were proven beyond a reasonable doubt. We find nothing to suggest that the jury, or the trial court in reviewing the verdict, imposed the journey's end essay death sentence under the influence of passion, prejudice, or other arbitrary factors.

Accordingly, we hold that the original 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 introduction, our mandatory review, Powell asserts that the alleged error in the wording of the life sentence verdict form should result in the reversal of thinking and the nursing process, his death sentence and a remand for a new sentencing proceeding. While we consider the entire record of a capital murder trial to determine whether the journey's end essay introduction sentence of death should be set aside because of improper influence on the jury, we have previously rejected the contention that the problem for groups “arbitrary factor” language of end essay, Code § 17.1-313(C)(1) permits a defendant to raise as a separate issue on appeal an issue barred by the failure to discuss in an make a proper objection in the trial court by end essay contending that the error influenced the jury's sentencing decision. See Quintana v. Commonwealth, 224 Va. 127, 148 n. 6, 152 n. 7, 295 S.E.2d 643, 653 n. 6, 656 n. 7 (1982) (rejecting assertion in stress, dissenting opinion that mandatory review permitted challenge to form of jury verdict to be raised for the first time on journey's end essay appeal). Accordingly, while Powell is term papers for sale, not precluded from arguing that the alleged error in the life sentence verdict form improperly influenced the journey's jury's sentencing decision as a basis for problem solving for groups 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 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 journey's, his death sentence under the assignment of error paralleling the mandatory review of that sentence and the word discuss in an essay failed to make this issue the subject of a separate assignment of error, the end essay 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 remanding for a new sentencing proceeding. Powell contends that the death sentenced imposed upon for essay him is end essay, excessive or disproportionate when compared to 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 for columbia receive adequate treatment when in state custody as a juvenile militates against 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 end essay introduction defendant to appreciate the best book criminality of his conduct or to conform his conduct to the requirements of journey's end essay, 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 criminality of his conduct or that his condition significantly impaired his ability to conform his conduct to the requirements of the law. The jury heard this testimony concerning Powell's mental health problems, and we must assume that the jury followed the trial court's instruction to consider evidence presented in mitigation. The jury clearly concluded that Powell's history of mental health problems did not mitigate his offense. 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 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 original papers for sale, defendant's “schizoid personality disturbance” and “extreme mental and end essay 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. Problem Games For Groups! “The purpose of our comparative review is to journey's reach a reasoned judgment regarding what cases justify the imposition of the book for essay and precis death penalty.” Orbe v. Commonwealth, 258 Va. Journey's End Essay Introduction! 390, 405, 519 S.E.2d 808, 817 (1999), cert. denied, 529 U.S. 1113, 120 S.Ct.

1970, 146 L.Ed.2d 800 (2000). Solving For Groups! In conducting this statutorily mandated review in this case, we have focused on cases in which the journey's introduction victim was murdered during the commission of rape or attempted rape, and in which the sentence of death was imposed based on findings of both future dangerousness and vileness. See, e.g., Patterson v. Commonwealth, 262 Va. For Essay Writing! 301, 551 S.E.2d 332 (2001); Swisher v. Commonwealth, 256 Va. 471, 506 S.E.2d 763 (1998), cert. Introduction! denied, 528 U.S. 812, 120 S.Ct. 46, 145 L.Ed.2d 41 (1999); Pruett v. Autobiographical For Columbia! Commonwealth, 232 Va. 266, 351 S.E.2d 1 (1986), cert. 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. denied, 465 U.S. 1109, 104 S.Ct. 1617, 80 L.Ed.2d 145 (1984); Mason v. End Essay! Commonwealth, 219 Va. Autobiographical Essay For Columbia! 1091, 254 S.E.2d 116, cert. denied, 444 U.S.

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

We have also considered cases in which defendants received life sentences, rather than the journey's end essay death penalty, for capital murder during the commission of teen stress essay, rape or attempted rape. See, e.g., Horne v. Commonwealth, 230 Va. 512, 339 S.E.2d 186 (1986); Keil v. Commonwealth, 222 Va. Journey's! 99, 278 S.E.2d 826 (1981). Considering all the factors revealed by the record, both those favoring imposition of the 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 essay, the Commonwealth for journey's 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. Relationship Between Thinking! Warden of end essay introduction, Sussex I State Prison , 634 S.E.2d 289 (Va. 2006) (State Habeas). Background: Following affirmance of his conviction of capital murder and problem 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 defendant's habeas corpus claims. Defendant filed a petition for rehearing. Holding: On grant of petition for 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 journey's end essay introduction, incorrect entry that defendant had a prior conviction for capital murder did not prejudice defendant, and relationship and the process thus did not constitute ineffective assistance. 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 commission of or subsequent to end essay an attempted rape in violation of Code § 18.2-31(5), suffered prejudice within the meaning of Strickland v. Washington, 466 U.S. Term For Sale! 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) because his trial counsel failed to object to the admission in evidence of a form that contained an inaccuracy regarding petitioner's criminal history. In September 2000, Paul Warner Powell was sentenced to journey's death for the capital murder of Stacey Lynn Reed.

On direct appeal, this Court reversed the conviction and for essay remanded the case to the circuit court for a new trial on a charge no greater than first-degree murder for the killing of Stacey Reed, if the Commonwealth be so advised. Journey's End Essay! Powell v. Commonwealth, 261 Va. 512, 552 S.E.2d 344 (2001). After the proceeding was remanded, Powell wrote a letter to the Commonwealth's Attorney who had prosecuted Powell during the first trial. Powell described, in essay, detail, the murder and end essay introduction attempted rape of Stacey Reed, and he provided facts that were previously unknown to the Commonwealth. The Commonwealth then nolle prossed the indictment in autobiographical essay, the remanded case. A grand jury for Prince William County subsequently indicted Powell for end essay the capital murder of Stacey Reed during the commission of or subsequent to term papers for sale an attempted rape. Journey's End Essay! Powell was tried by a jury that convicted him of best book and precis, 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. Journey's! Commonwealth, 267 Va. Stress! 107, 590 S.E.2d 537 (2004).

Subsequently, Powell filed a petition for end essay introduction habeas corpus in games for groups, this Court alleging numerous claims, including ineffective assistance of journey's end essay, counsel. During the sentencing hearing, the Commonwealth introduced in evidence, without objection, Exhibit 51 that is attached to critical this opinion. Exhibit 51, captioned Powell's “Virginia Criminal Record,” consists of five pages and was generated by the Federal Bureau of journey's introduction, Investigation, National Crime Information Center. Powell asserts, among other things, that trial counsel were ineffective, and he was prejudiced by autobiographical essay for columbia their failure to object to this document and end essay 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. In An! 8, 2005). Powell filed a petition for rehearing and requested that this Court reconsider its order dismissing his habeas claims, including his claim that he was denied effective assistance of counsel because of counsel's failure to object to an erroneous entry on page three of Exhibit 51. This Court granted Powell a rehearing limited to that one claim, and we placed this matter on our argument docket.

III. The following facts were presented to the jury that found Powell guilty of capital murder and journey's end essay introduction fixed his punishment at death. In January 1999, Robert Culver and papers his fiance, Lorraine Reed, lived together in journey's end essay introduction, Manassas, Virginia, with Reed's two daughters, Stacey Lynn Reed and Kristie Erin Reed. Essay! On January 28, 1999, Powell went to journey's end essay 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 essay informed her that Powell refused to leave the journey's home. Kristie's mother told Kristie to between and the order Powell to leave.

Kristie was concerned because Powell “kept walking back and forth down the hallway looking in the rooms.” On the end essay afternoon of January 29, 1999, Kristie arrived home from school and was startled to find Powell in her house. Best For Essay And Precis Writing! 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. 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. End Essay Introduction! He also used shoelaces to tie her arms behind her back. Someone knocked on 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 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 and the nursing, her aorta. He slashed her in her neck numerous times, and the repair of the introduction 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 essay 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 journey's end essay, disarray. He entered Kristie's room, turned on the word in an essay the lights, and journey's found Stacey's body on autobiographical the floor.

He observed blood on her body and saw that she was not breathing. When Culver went to the basement in journey's end essay introduction, search of a telephone, he discovered Kristie lying naked and bound on relationship between thinking and the the floor, bleeding from her neck and stomach. End Essay Introduction! 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 for sale spoke to emergency response personnel. Journey's! Although Kristie was experiencing life-threatening injuries, she was able to tell police officers and problem solving games for groups paramedics that Paul Powell was her assailant. Stacey's death was caused by a stab wound to her chest. The wound pattern indicated that the blade of the journey's introduction 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. Writing! She suffered stab wounds in end essay, 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 her face and best book for essay and precis 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. End Essay Introduction! 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 a butterfly knife with a five-inch blade. The survival knife sheath contained a dark reddish-brown stain. The DNA profile obtained from the stain on the sheath was consistent with the DNA profile of solving games, Stacey Reed and different from the end essay DNA profile of Kristie Reed and 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 games, 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 journey's end essay 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. Teen Stress Essay! 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 journey's end essay introduction kill Kristie because “she was the only witness and he would have to go to jail.” The jury was also informed that after this Court's decision in between critical thinking, 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 end essay introduction the Va. Supreme Court said that I can't be charged with capital murder again, I figured I would tell you the rest of what happened on Jan. 29, 1999, to show you how stupid all of best, y'all mother fuckers are. “Y'all should have known that there is more to the story than what I told by what I said. You had it in writing that I planned to kill the end essay 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 essay like usual, so I could've stabbed her up at end essay any time because she was unsuspecting. “I had other plans for her before she died. You know I came back to discuss in an the house after Bobby's lunch break was over and he had went back to work. Journey's Introduction! When I got back, she was on the phone so I went inside and I laid down on the couch. When the for columbia cab came to bring me my pager, I ran out introduction, of the 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 cab left we went in the house. I laid on the couch again and she went to stress her room and got her clothes and went downstairs to do her laundry. When she went downstairs, I got up and shut and end essay locked the back door and went downstairs. We talked while she put her clothes in papers for sale, the wash.

We continued talking when she had everything in end essay introduction, the wash and I reached over 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 teen stress grabbed her wrists and pinned her hands down by her head and sat on journey's introduction top of her. I told her that all I wanted to do was fuck her and the word 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 clawed me face. We wrestled around a little and then I slammed her to the floor. When she hit the floor I sat on journey's introduction top of her and pinned her hands down again. She said she would fuck me and for columbia 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 introduction, take your clothes off. Finally she undid her pants and pulled them down to 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 best book for essay said she had to answer the phone. End Essay! 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 discuss 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 introduction 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 discuss in an essay, the door jam and just looked at me with a shocked look on journey's end essay her face. “When I pulled the knife out essay, she stumbled a couple steps and fell in her sister's room. I walked over journey's end essay and looked at her. I saw that she was still breathing so I stepped over her body and into the word discuss essay the bedroom. Journey's! 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 between nursing, 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 got some iced tea and sat on journey's the couch and smoked a cigarette. You know the rest of what happened after that point. “I would like to thank you for saving my life. Original! 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 journey's introduction 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. “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 court, so I told you what you already knew. 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 be so goddamn smart. I can't believe that y'all thought I told you everything. “Well, it's too late now. Writing! 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. End Essay! 18 at problem solving games for groups trial because I'm not pleading to shit. Tell the family to end essay introduction be ready to testify and in an essay relive it all again because if I have to suffer for journey's the next 50 or 60 years or however long then they can suffer the original papers for sale 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 end essay introduction 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 games being so stupid and for fuckin' up and journey's saving me?

In a statement to a police officer on November 2, 2001, Powell gave the games following description of Stacey's murder: “She walked over to and uh I pushed her back. Journey's End Essay! And then she walked over to me again I think and then I pulled my knife out and you know, and she looked at me you know. I guess she thought I wouldn't stab her or whatever. Stress Essay! So she tried to leave and go to 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 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. “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 then I lifted myself up to where I was standing on top of her. Started stomping on journey's end essay 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 jail awaiting his capital murder trial, Powell sent a letter to Lorraine Reed, the mother of Stacey and Kristie. Term Papers For Sale! Powell enclosed a photograph of a partially nude woman. Journey's! Powell wrote: “I was wondering if you might be able to teen stress essay help me think of something. I found this picture in journey's introduction, a magazine and original papers for sale 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 journey's introduction 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. Critical! He stated: “About when you asked me why I wouldn't do to you what I did to journey's end essay introduction Stacie, I couldn't ever hurt you because you mean to much to me. See Stacie didn't mean anything to for essay and precis me. She was a nigger 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 journey's end essay, that house was planned. The only thing that wasn't planned was trying to fuck Kristie. What was supposed to happen was, Stacie was supposed to die, and did, Kristie was supposed to die and then I was going to wait for their mom and teen stress essay stepdad to get home and I was going to kill them and then I was going to introduction 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 stress everything else I owned. I had been thinking about doing it for journey's introduction along time but I could never bring myself to do it.

I don't know what happened to critical and the process make me finally do it. I feel bad for 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 see if you could get one of your guy friends to do me a favor. End Essay Introduction! 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 call Kristie and tell her she better tell the cops that she lied to them and best for essay and precis writing 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 introduction kill me so Goddamn bad for killing your nigger loving whore, set up a court date closer than Oct.

25 so I can go ahead and get this bullshit over relationship between thinking and the nursing process 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 nigger lovers and introduction all the niggers, Jews, Spics and everybody else in this fucked up country that's not white. Discuss In An! That includes you because you are a nigger loving Jewish fucking faggot. I will see you in hell bitch. “P.S. 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 end essay introduction something to do.” The jury was aware of Powell's criminal record, including three convictions for contributing to the delinquency of a minor, two larceny convictions, and three felony convictions for autobiographical 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 journey's end essay introduction 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 Strickland v. Washington, 466 U.S. Papers! 668, 104 S.Ct. Journey's End Essay! 2052, 80 L.Ed.2d 674 (1984), articulated the relevant principles that we must apply in 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 between thinking and the nursing require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. Journey's Introduction! 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 teen 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 a fair trial, a trial whose result is journey's end essay introduction, reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in book and precis, the adversary process that renders the result unreliable.” Id. at journey's introduction 687, 104 S.Ct. 2052. Accord Wiggins v. Smith, 539 U.S.

510, 534, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003); Lockhart v. 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 solving for groups counsel, even if professionally unreasonable, does not warrant setting aside the judgment of end essay, a criminal proceeding if the error had no effect on the judgment. Teen Stress Essay! Cf. Journey's Introduction! 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 counsel is to ensure that a defendant has the assistance necessary to justify reliance on the outcome of the proceeding. Original Papers For Sale! Accordingly, any deficiencies in counsel's performance must be prejudicial to end essay introduction the defense in order to constitute ineffective assistance under the Constitution.” Strickland, 466 U.S. at 691-92, 104 S.Ct. 2052. As the Supreme Court has instructed, Powell is required to establish that trial counsel's alleged error, in this instance, the failure to relationship and the nursing process object to the admission of evidence, resulted in prejudice to end essay 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 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. Term Papers! If it is easier to dispose of an 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 end essay introduction accused that the cost of litigating their effect in a particular case is unjustified.” United States v. Cronic, 466 U.S. For Essay! 648, 658, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984); Bell v. Cone, 535 U.S. 685, 695-96, 122 S.Ct. End Essay! 1843, 152 L.Ed.2d 914 (2002) (“[In Cronic,] we identified three situations implicating the right to counsel that involved circumstances ‘so likely to prejudice the accused that the cost of litigating their effect in for columbia, a particular case is unjustified.’ [ Cronic, 466 U.S. at 658, 104 S.Ct. 2039]”). The United States Supreme Court held that a defect is presumptively prejudicial if (1) there has been a “complete denial of journey's end essay introduction, counsel” at problem for groups “a critical stage” of the proceedings, Cronic, 466 U.S. at 659, 662, 104 S.Ct. Journey's End Essay Introduction! 2039; or (2) “counsel entirely fails to subject the prosecution's case to meaningful adversarial testing,” id. at 659, 104 S.Ct. 2039; or (3) counsel is relationship between thinking and the, called upon to render assistance under circumstances where competent counsel very likely could not, id. at 659-62, 104 S.Ct. Journey's! 2039.

Bell, 535 U.S. at 695-96, 122 S.Ct. 1843. Original! The admission of the erroneous NCIC entry does not fall into one of these enumerated categories of journey's, error when prejudice is so likely to result that it will be presumed. Accordingly, this Court must apply the the word in an essay Strickland test to determine whether the error was prejudicial. The Supreme Court's decision in journey's end essay introduction, Strickland applies to book for essay and precis writing cases in which a habeas petitioner has been sentenced to introduction death and in Strickland, the 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. A reasonable probability is a probability sufficient to undermine confidence in discuss in an, the outcome. . “When a defendant challenges a death sentence such as the one at journey's end essay issue in this case, the question is 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 teen essay balance of aggravating and mitigating circumstances did not warrant death.“In making this determination, a court hearing an ineffectiveness claim must consider the totality of the evidence before the judge or jury. Some of the factual findings will have been unaffected by the errors, and journey's factual findings that were affected will have been affected in problem solving, different ways. Some errors will have had a pervasive effect on end essay the inferences to be drawn from the evidence, altering the entire evidentiary picture, and some will have had an isolated, trivial effect. Autobiographical! Moreover, 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. Taking the unaffected findings as a given, and journey's end essay taking due account of the effect of the original term papers for sale errors on end essay the remaining findings, a court making the prejudice inquiry must ask if the defendant has met the burden of showing that the decision reached would reasonably likely have been different absent the errors.”

Id. at 694-96, 104 S.Ct. 2052.The Supreme Court stated in original papers for sale, Kimmelman v. Morrison, 477 U.S. 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. End Essay Introduction! Thompson, 943 F.2d 463, 468 (4th Cir.1991). As the Supreme Court directed in 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 autobiographical for columbia 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 journey's introduction 695, 104 S.Ct.

2052. Powell complains about problem solving trial counsel's failure to object to an entry on the bottom of page three of the NCIC form. A review of the journey's introduction form, which is original, attached to this opinion, reveals that each entry on introduction the form contains information about a particular criminal charge. Each entry contains the name and date of the offense charged with the problem solving statutory reference, an arrest date, the journey's end essay introduction jurisdiction where the offense was charged, the resulting conviction if any, a date of 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 discuss in an, capital murder. 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 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 Commonwealth would move for the introduction of the Certified Copy of the Defendant's prior criminal record consisting of two convictions in 1997 for end essay contributing to the delinquency of a minor.

One conviction in teen stress, 1999 for journey's that same crime. A petty larceny in 1998 and a grand larceny in 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 Kristie. No one, neither the Commonwealth's Attorney nor Powell's trial counsel, ever mentioned or suggested to the jury that Powell was convicted of for columbia, a second unrelated capital murder charge. In fact, various statements made by journey's introduction Powell's trial counsel and the Commonwealth's Attorney informed the jury that Powell had never been convicted of an teen stress essay, 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 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 introduction “01/29/1999.” The jury that sentenced Powell to death knew, however, that “01/30/1999” was the date of Powell's arrest and “01/29/1999” was the date Powell committed the crimes against Stacey and essay 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. Journey's Introduction! 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 evidence that the jury considered, “[t]aking the unaffected findings as a given, and taking due account of the between critical thinking effect of the errors on end essay introduction the remaining findings,” Strickland, 466 U.S. at 696, 104 S.Ct. 2052, we conclude that Powell has failed to demonstrate a reasonable probability that the result of the capital murder trial would have been different and hence he has not suffered prejudice as required by the highly demanding standard that the Supreme Court established in essay, Strickland.FN* Contrary to journey's introduction the Supreme Court's instructions in Strickland, the dissent focuses solely upon the improperly admitted evidence and does not consider the original term for sale totality of the evidence before the jury. The dissent argues that we have usurped the jury's “very broad discretion” and end essay introduction engaged in “speculation” by original term papers considering the weight of the journey's Commonwealth's evidence against Powell. However, in order to perform the review mandated by critical process Strickland, we must weigh the evidence to determine whether there is journey's introduction, a reasonable probability that the error affected the outcome of the proceedings. Wiggins, 539 U.S. at 534, 123 S.Ct. 2527; Yarbrough v. Autobiographical Essay For Columbia! Warden, 269 Va. 184, 197-202, 609 S.E.2d 30, 38-40 (2005); Lovitt v. Warden, 266 Va. 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 journey's end essay sentence of death in Virginia: “In assessing the discuss essay penalty of any person convicted of an offense for 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 journey's introduction, 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 the victim; and (2) recommend that the penalty of death be imposed.” The jury that imposed the sentence of death upon Powell concluded: “We, the teen essay jury, on the issue joined, having found the defendant, PAUL WARNER POWEL [sic], guilty of journey's end essay, capital murder in that he did willfully, deliberately, and critical and the process premeditatively kill and murder one Stacey Lynn Reed, and, having found unanimously and beyond a reasonable doubt after consideration of 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 beyond a reasonable doubt that his conduct in journey's end essay introduction, committing the offense was outrageously or wantonly vile, horrible or inhuman in problem solving for groups, 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 mitigation of the end essay offense, unanimously fixed his punishment at autobiographical for columbia death.” The day before Powell committed these gruesome crimes, he went to the victims' home and surveyed the interior of the house. He returned the next day and tried to end essay rape Stacey, who struggled with him. He stabbed her in the heart, twisted the knife, and best reinserted the knife in 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 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 end essay 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 discuss essay 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 that it involved . [d]epravity of journey's end essay, mind [and] . [a]ggravated battery to the victim beyond the minimum necessary to accomplish the act of autobiographical essay for columbia, murder” is untainted by the admission of the end essay introduction 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 original term for sale basis of the capital offense. The instruction given to the jury on this issue and the verdict form confirm that the introduction 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 violence that would constitute a continuing serious threat to society; or. “2. That his conduct in committing the offense was outrageously or wantonly vile, horrible or inhuman, in between thinking process, that it involved torture, depravity of mind or aggravated battery to the victim beyond the minimum necessary to journey's end essay accomplish the act of murder.” Both the instruction and the verdict form were given without objection and the word discuss in an became the law of the case. Spencer v. Commonwealth, 240 Va. 78, 89, 393 S.E.2d 609, 616 (1990). 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 introduction that he continued to book for essay writing 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 intimidate Kristie by having another individual contact her by telephone and journey's end essay 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 Supreme Court instructed in Strickland, “a verdict or conclusion only weakly supported by discuss in an essay the record is 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 the erroneous entry. “Taking the unaffected findings as a given, and taking due account of the end essay effect of the errors on the remaining findings,” we hold that Powell has not “met the burden of showing that the decision reached would reasonably likely have been different absent the for columbia errors.” Id. Upon our review of the totality of the evidence that Powell constitutes a continuing serious threat to journey's end essay 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 relationship between critical thinking nursing process high standard of prejudice established by 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 end essay jury received that Powell had been convicted of an additional capital murder committed on the same day as the present offense, when in fact he had not committed any such other offense. I cannot imagine a more prejudicial error in the word in an, the admission of sentencing evidence. When a jury in this Commonwealth is asked to decide whether a defendant convicted of capital murder should live or die, the jury undertakes one of the end essay introduction most serious tasks that any citizen can be asked to perform. An essential component of the word discuss in an essay, this decision is the end essay jury's consideration of the essay defendant's criminal record. Under Code § 19.2-264.2, a jury must satisfy two statutory requirements before it may recommend a sentence of death. Ultimately, the jury must find that one of the statutory aggravating factors has been proved. As an journey's, initial matter, however, the jury must consider the defendant's criminal record of convictions.

Code § 19.2-264.2 requires that the teen stress essay jury analyze the statutory aggravating factors only “after consideration of the journey's end essay introduction past criminal record of convictions of the defendant.” Thus, a review of the defendant's criminal history is games for groups, a prerequisite that applies regardless of which aggravating factor may finally be proved. Here, the journey's introduction 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 original jury will have considered an accurate record of journey's, a defendant's criminal history before recommending that the 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 word discuss in an, the sentencing process, the jury was unable to perform a mandatory duty assigned by statute. In my opinion, the journey's introduction majority's holding further suffers from extensive speculation and a failure to address the broad discretion afforded a jury in relationship critical thinking and the, 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 introduction defendant serve a sentence of life imprisonment. Solving For Groups! 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 other grounds by Tuggle v. Journey's! Netherland, 516 U.S. 10, 116 S.Ct. 283, 133 L.Ed.2d 251 (1995); Briley v. Teen Stress Essay! Bass, 750 F.2d 1238, 1241 (4th Cir.1984). The jury may impose a sentence of life imprisonment for any reason based on any mitigating circumstance, and is not required to journey's introduction weigh the evidence in mitigation against the evidence in aggravation of the crime. See Swann v. Commonwealth, 247 Va. Original Papers For Sale! 222, 236-37, 441 S.E.2d 195, 205 (1994); see also Tuggle, 57 F.3d at 1362. The absence of any weighing requirement is a core concept of our death penalty jurisprudence, which provides the jury the broadest possible discretion in introduction, choosing to recommend a sentence of life imprisonment or a sentence of death. Thus, the two main arguments on which the majority relies, namely, the stress essay 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 journey's end essay introduction 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 original papers life imprisonment even in the face of overwhelming evidence in aggravation of a crime.

Nevertheless, as directed by introduction Strickland, we must answer whether there is a reasonable probability that the the word in an jury would not have recommended a sentence of death if the journey's 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 694, 104 S.Ct. 2052; see Lovitt v. For Groups! 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). Journey's Introduction! The Court has further elaborated that the best for essay writing reasonable probability standard is a standard lower than “more likely than not.” See Holland v. 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 the present case. In my view, a court cannot have confidence in the outcome of a death penalty determination when the court's Strickland analysis relies on speculation. Yet, here, the majority resorts to journey's speculation in assessing the for groups 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 the NCIC report was an erroneous entry.

Although the majority, as skilled members of the legal profession, can easily identify this inaccuracy, the journey's end essay introduction majority simply speculates that the and the jurors had sufficient knowledge of the law to introduction reach the same conclusion. Based on the evidence presented, the jurors could easily have viewed the NCIC report as proof that Powell committed a separate capital offense in Prince William County on the same day, brutally murdering an additional victim. The majority also suggests that because the teen prosecutor did not reference the journey's end essay introduction incorrect sentencing information when he summarized the contents of the NCIC report at the time of term for sale, its admission into journey's introduction 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 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 assumption that the jury disregarded the instructions of the circuit court. In every jury trial in this Commonwealth, the court instructs the 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 counsel. Thus, the majority's rationale extends beyond simple speculation and relationship critical process 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 jury viewed the journey's end essay introduction NCIC report as uncontested evidence that Powell had committed another capital murder.

This incorrect information went to the very heart of the essay sentencing determination, namely, whether the death penalty was appropriate based on introduction the defendant's personal history and the crime for which he was being sentenced. I would hold that the jury's receipt of games for groups, 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 journey's introduction the commission of a heinous murder, the 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 only after the book writing penalty has been determined with full and end essay fair adherence to constitutional, statutory, and evidentiary safeguards.

Because those safeguards failed in this case when a very able prosecutor made an original papers, unintentional error, I would grant a writ of 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 capital murder and end essay sentence of death, 267 Va. Problem Games For Groups! 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 introduction 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 problem solving games for groups, 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 three issues: (1) whether the imposition of a death sentence is precluded by the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution; (2) whether trial counsel rendered ineffective assistance by failing to object to the admission of an inaccurate National Crime Information Center report; and (3) whether trial counsel rendered ineffective assistance by failing to develop and present available mitigating evidence. For the following reasons, we affirm. We begin with a summary of the facts pertaining to the underlying crimes, as articulated by journey's introduction the Supreme Court of Virginia in Powell's first direct appeal: “Powell was acquainted with Stacey Lynn Reed (“Stacey”) for two and a half years prior to the commission of the crimes in question. Critical Thinking Nursing! Kristie Erin Reed (“Kristie”), Stacey's younger sister, described her sister and Powell as ‘[f]riends.’ Powell, who was 20 years old at journey's end essay introduction the time of the murder, had wanted to date Stacey, who was 16 years old, but recognized that she was underage and the word discuss in an essay he ‘could go to introduction jail for that.’ ” “Powell, a self-avowed ‘racist and for groups 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 journey's introduction Stacey remained in contact.

Stacey was a member of her high school's Junior Reserve Officer's Training Corps and planned to 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. 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. 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 Wilkerson on the telephone. After Stacey ended the solving games telephone conversation, Powell confronted her about journey's end essay introduction 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. Essay For Columbia! Powell drew the survival knife from his belt and journey's end essay Stacey ‘got stuck.’ Powell denied stabbing Stacey deliberately. Original Papers! 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 journey's introduction was met at 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 began to cry.

“Powell ordered Kristie to for essay and precis 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 end essay introduction 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 autobiographical rape, had been a virgin.” “While Powell and Kristie were in the basement, Mark Lewis, a friend of Kristie, came to journey's end essay introduction 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 original papers ‘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 home a short time later. End Essay! Powell went to a friend's house and then drove with the games for groups friend to the District of Columbia to journey's introduction buy crack cocaine. “Kristie regained consciousness sometime after Powell had left her home.

About 4:10 p.m., she heard Culver return home, and she called out his name. Culver discovered Kristie in the basement, called the 911 emergency response telephone number, and began rendering first aid to original term for sale her. He later discovered Stacey's body upstairs. Journey's End Essay! Shortly thereafter, paramedics arrived. In response to autobiographical 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 her throat and introduction 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 a knife wound to the heart. The medical examiner testified that there was a single entrance wound and stress two exit wounds indicating that the knife had been withdrawn, at least partially, and journey's end essay then reinserted into best book for essay writing the heart. One wound path pierced the 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 journey's end essay the face, a stab wound to the back, and a cut and 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 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 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 teen stress essay 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 steal the family's truck. Powell also wrote to journey's 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 original for sale that when he attempted to cut Kristie's throat, his knife was too dull, ‘[s]o he started stepping on her throat trying to introduction stomp her throat.’ To another inmate, Powell described Stacey's killing as a ‘human sacrifice’ and 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 gradation crime was the commission, or attempted commission, of robbery.FN1 In 2000, Powell was convicted of the capital murder of Stacey and sentenced to death. In addition, Powell was convicted of the abduction, rape, and attempted capital murder of Kristie, and problem games for groups he was also convicted of grand larceny. On these non-capital convictions, Powell was sentenced to three terms of life imprisonment and fines totaling $200,000. Powell was acquitted of robbery, attempted robbery, and three firearm charges. FN1. Virginia's capital murder statute includes fifteen gradation offenses, which when accompanied with the “willful, deliberate, and end essay introduction premeditated killing” of a person, make the defendant eligible for the death penalty.

See Va.Code § 18.2-31. In June 2001, the solving games Supreme Court of Virginia reversed Powell's capital murder conviction, holding that the trial judge erred by allowing a pretrial amendment of the journey's capital murder indictment to charge two new gradation crimes that were not considered by the grand jury. See Powell I, 552 S.E.2d at 355-56. The additional gradation crimes were the commission, or attempted commission, of rape and the commission, or attempted commission, of sodomy. The court held that including these additional counts of capital murder expanded the essay for columbia nature and character of the charges against end essay, Powell in a manner not allowed by Va.Code § 19.2-231. Id. at in an essay 357.FN2. FN2. Va.Code § 19.2-231 allows the government to amend an indictment to journey's introduction correct a defect in the form of the indictment or a variance between the thinking allegations and the evidence offered in proof thereof, so long as the journey's end essay amendment does not change the problem solving for groups nature or character of the end essay 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 Stacey ‘during the commission of original term papers, or subsequent to’ the rape of Kristie” because the journey's introduction evidence clearly showed the rape of essay, Kristie occurred after the murder of Stacey. Id. at 361. Journey's End Essay Introduction! Finally, the stress essay court noted that there was no evidence of Powell having raped or attempted to end essay rape Stacey. Id. at 363.

C. Solving Games! 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 journey's end essay circumstances surrounding Stacey's death. In Powell's second direct appeal, the relationship between critical thinking 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 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 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. End Essay! 29, 1999, to show you how stupid all y'all . are.’ Admitting that he ‘planned to kill the whole family’ on the word discuss essay that day, Powell further stated that ‘I had other plans for journey's [Stacey] before she died.’ Powell described how he had attempted to teen stress 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 introduction 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 . For Essay And Precis Writing! sat on top of her and end essay introduction 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 best and precis his direction, Stacey began to disrobe, but stopped when the end essay introduction telephone rang. Stacey put her clothes back on so that she could answer the writing telephone. Journey's End Essay Introduction! Powell refused to allow Stacey to answer the telephone and ordered her to resume disrobing. When she refused, Powell ‘pushed her back and pulled out [his] knife.’ When Stacey attempted to leave the bedroom, Powell stabbed her. Stacey fell back and Powell removed the best book for essay knife. End Essay Introduction! Stacey then stumbled to 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.’ “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. For Sale! On December 3, 2001, the grand jury returned an indictment charging Powell with the capital murder of journey's end essay, ‘Stacey Lynn Reed during the commission of or subsequent to 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 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. Writing! The Commonwealth filed a response to this motion, asserting that the judgment of journey's introduction, this Court in Powell's first appeal was not applicable to autobiographical the December 3, 2001 indictment because Powell had ‘never [previously] been charged with the capital murder of Stacey Reed in journey's introduction, the commission or attempted commission [of] sexual assault against teen stress essay, [Stacey Reed] because, at end essay introduction the time of between and the nursing process, [Powell's first] trial, no such evidence existed.’ Accordingly, the Commonwealth contended that the journey's introduction 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 relationship critical thinking and the nursing trial court overruled Powell's motion to journey's introduction dismiss the 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 import of Powell's argument was that his prior trial and the reversal of his conviction by relationship critical nursing [the Supreme Court of Virginia] acted as an ‘implied’ or ‘judicial’ acquittal of the end essay attempted rape of the word discuss in an, 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 end essay jury in his first trial because the relationship critical thinking bill of particulars provided at Powell's request indicated that only end essay introduction, Kristie was the victim of the sexual assault gradation offenses charged in the amended indictment. Similarly, the for columbia 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 introduction 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 the bill of particulars, the autobiographical essay for columbia Commonwealth had clearly identified her as the victim of those gradation crimes in the amended indictment for journey's end essay capital murder. The trial court also agreed with the Commonwealth that this Court's reference to relationship thinking 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 journey's, Powell's first trial. Autobiographical! On July 3, 2002, the trial court entered an order overruling Powell's second motion to dismiss the 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 end essay, Stacey during the commission of rape or attempted rape of book for essay and precis, Stacey and sentenced to death. Powell appealed his conviction claiming, inter alia, that the second indictment should have been dismissed on various grounds, including the Double Jeopardy Clause. In Powell II, the Supreme Court of Virginia rejected Powell's claims and affirmed his conviction. Powell next challenged his conviction and sentence in collateral state proceedings. See Powell v. Warden of Sussex I State Prison, No. 042716, 2005 WL 2980756 (Va.2005) (“ Powell III ”).

Powell raised numerous claims that the journey's end essay state supreme court found were procedurally defaulted, including an allegation that the problem for groups Commonwealth violated his right against double jeopardy by trying him twice for journey's the same offense. Among the new claims Powell asserted was an objection to 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 relationship critical and the nursing process investigate and present compelling mitigating evidence. The Supreme Court of Virginia denied relief on all grounds. Subsequently, the journey's end essay state supreme court granted rehearing on the question of whether counsel was ineffective in the sentencing phase for failing to object to the NCIC report. See Powell v. Between Critical Nursing Process! Warden of 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. Id. Thereafter, Powell filed a petition for a writ of introduction, habeas corpus in federal district court.

See 28 U.S.C.A. § 2254. Powell asserted nine claims for book for essay and precis relief. End Essay! See Powell v. Kelly, 531 F.Supp.2d 695, 705 (E.D.Va.2008) (“ Powell V ”). Essay! On the Commonwealth's motion, the district court dismissed Powell's petition. End Essay! 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 the admission of an inaccurate NCIC report; and (3) whether trial counsel was constitutionally ineffective in failing to develop and the word discuss essay present available mitigating evidence. End Essay Introduction! We address each in turn.

We review the district court's dismissal of term papers for sale, Powell's petition de novo. See Tucker v. Journey's End Essay! Ozmint, 350 F.3d 433, 438 (4th Cir.2003). However, under 28 U.S.C. The Word Discuss In An Essay! § 2254, “the scope of journey's end essay introduction, 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 discuss in an essay, a decision that was contrary to, or involved an introduction, unreasonable application of, clearly established Federal law, as determined by relationship between critical thinking 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 journey's end essay, 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 teen essay, § 2254(d) have independent meanings. Journey's! 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 in an essay governing law set forth” by the United States Supreme Court, or “confronts a set of facts that are materially indistinguishable from a decision of journey's end essay introduction, . [the Supreme] Court and nevertheless arrives at a result different from . [that] precedent,” Williams v. Term For Sale! Taylor, 529 U.S. 362, 405-06, 120 S.Ct. End Essay Introduction! 1495, 146 L.Ed.2d 389 (2000).

A state court's decision involves an “unreasonable application” of clearly established federal law under § 2254(d)(1) “if the state court identifies the correct governing legal rule from . Problem! [the Supreme] Court's cases but unreasonably applies it to the facts of the journey's end essay introduction 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 papers, clearly established federal law must be ‘objectively unreasonable,’ and ‘a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.’ ” Robinson v. Polk, 438 F.3d 350, 355 (4th Cir.2006) (quoting Williams, 529 U.S. at 411, 120 S.Ct. 1495). Moreover, when “assessing the reasonableness of the 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 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 end essay injurious effect or influence in determining the jury's verdict.” Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (quotation marks omitted). B. We begin with Powell's double jeopardy claim. Powell asserts two arguments in best writing, this regard. End Essay! First, he contends that the autobiographical gradation offenses charged at both trials were the journey's introduction same-that is, he was tried for capital murder during the rape or attempted rape of Stacey in 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 Commonwealth argues that the capital murder charges were different in each trial-that is, Powell was charged with the capital murder of Stacey during the relationship between and the rape or attempted rape of Kristie in the first trial and charged with the capital murder of end essay introduction, Stacey during the rape or attempted rape of Stacey in book for essay and precis, the second trial. The Double Jeopardy Clause prohibits any person from being put in jeopardy twice for the same offence. See U.S. Const. amend. V. The Supreme Court held in Sanabria v. United States, 437 U.S. Introduction! 54, 64, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) (citing Ball v. United States, 163 U.S. 662, 670, 16 S.Ct.

1192, 41 L.Ed. Essay! 300 (1896)), that the Fifth Amendment prohibits subjecting a defendant to end essay introduction a second trial on the same offense for 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 charged violations to be separate “allowable unit [s] of prosecution.” Id. at 70, 98 S.Ct. 2170. Stated differently for best for essay and precis writing 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 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 court cited its precedent holding that the General Assembly of Virginia intended that a defendant may be prosecuted for multiple violations of the Virginia capital murder statute where, as here, there is a single murder victim but different gradation crime victims. Id. at introduction 553 (citing Payne v. Commonwealth, 257 Va. 216, 509 S.E.2d 293 (1999)). The state court found that the the word capital murder charge in the second trial alleging the murder of Stacey and attempted rape of Stacey was a distinct and separate crime from the journey's end essay offense charged in the first trial-namely, the capital murder of stress, Stacey during the journey's commission of, or subsequent to, Powell's rape of essay, 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 federal law. The analysis that the state court conducted was precisely the analysis Sanabria mandates. Therefore, the decision was not contrary to clearly established federal law. End Essay Introduction! Further, the for columbia court's determination was not an unreasonable application of the Supreme Court's clearly established precedent. Sanabria requires a court to introduction determine whether the legislature intended to 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 best and precis multiple gradation offenses. Id. Thus, the state court did not apply the journey's end essay 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 word discuss in an, the second trial had already been litigated in 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 Commonwealth's bill of particulars limited the first trial solely to the capital murder of Stacey subsequent to, or in the commission of, the rape of Kristie.

See Powell II, 590 S.E.2d at end essay introduction 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. Autobiographical For Columbia! 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 name of the victim of the gradation offense. However, upon Powell's request, the Commonwealth specified in a bill of journey's end essay, particulars that the charged offense only involved Kristie as the victim of the the word discuss in an gradation offense. Journey's Introduction! Thus, the best and precis writing court concluded that Powell was only tried in the first trial for introduction the capital murder of Stacey during the commission of, or subsequent to, the rape of Kristie. See Powell II, 267 Va. 107, 590 S.E.2d 537. Based on established state law principles, the court ruled that Powell's second trial was not a double jeopardy violation because the essay indictment in the second trial charged a crime not charged in the first trial.

FN5. Journey's End Essay Introduction! 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 required to file a bill of particulars lies within the discretion of the trial court). Further, there is no federal constitutional right to a bill of particulars. See United States v. Bales, 813 F.2d 1289 (4th Cir.1987) (internal citations omitted). Autobiographical Essay! The purpose of journey's end essay, a bill of particulars is “to state sufficient facts regarding the crime to inform an teen, accused in 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 journey's, 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 gradation offense in preparing his defense. For Sale! Finally, in a jury trial, jeopardy attaches when a jury is empanelled and sworn. Serfass v. United States, 420 U.S. 377, 388, 95 S.Ct. 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 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 journey's end essay introduction the murder of Stacey during the rape of Kristie as specified by the bill of particulars. Powell argues that this holding was an unreasonable determination of the facts in light of the problem solving for groups evidence presented at trial. He claims, among other arguments, that the end essay introduction bill of particulars did not limit the charge because the for sale jury heard argument from the prosecutor that Powell “wanted something more” from Stacey, the jury heard testimony from end essay introduction witnesses suggesting that Stacey refused to have sex with Powell, and the jury was not told about the limitation of the writing bill of particulars. Powell's argument falls short of showing an unreasonable determination of the end essay introduction 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 Stacey in the first trial. Second, because Powell “wanted something more” does not mean that Powell attempted to rape Stacey. Book! 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 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 light after the first trial was over. If the Commonwealth had been prosecuting Powell for end essay introduction this gradation offense, it would not have restricted the bill of particulars to identifying only solving, Kristie as the victim of the gradation offense. Clearly, the journey's end essay introduction state court's determination that the charge that Powell had attempted to rape Stacey was not litigated in solving for groups, the first trial was not an introduction, unreasonable determination of the facts in light of the evidence presented. FN6 Accordingly, we find no error in the state court's application of relationship between critical process, federal law.FN7. FN6.

The dissent's criticism of our decision rests on a misunderstanding of the facts of this case. When one reviews the record of the first trial it becomes clear that no one involved litigated as though Powell was being tried for murder during the journey's 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 as the victim of the rape or attempted rape, and Powell's trial counsel clearly recognized this fact as evidenced by their comments to the court and to the jury. See, e.g., Record, Vol. 2, at 1068 (“The rape involved Kristi[e], not Stac[ey]”); Record, Vol. 2, at relationship between critical thinking and the nursing process 1052 (“Stac[ey] is the victim or alleged victim on the capital murder, the robbery, and the attempted robbery. Journey's End Essay! And . Kristi[e] the victim or alleged victim on rape . ”); Record, Vol. Solving! 2, at 995 (“and on journey's end essay introduction the rape allegation, obviously, Kristi[e] Reed”); Record, Vol.

2, at stress 935 (“I might also add in the Bill of Particulars that Your Honor ordered, the Government identified the victim of the alleged rape and journey's attempted rape . as being Kristie, not Stac[ey], but Kristie”). The trial judge likewise recognized this fact. For example, the trial judge instructed the term for sale 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.” Record, Vol. 2, at 1024-25. Although the end essay dissent contends that the trial judge's response to the jury question suggests that he was confused as to between thinking nursing process the identity of the rape victim, the introduction proceedings that followed the receipt of the term question demonstrate that the judge was not confused on that point. End Essay! 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 relationship critical process 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. End Essay! Related to solving for groups his double jeopardy claim, Powell argues that his second trial is barred by 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. For substantially the reasons given by the district court, we affirm the dismissal of this claim. See Powell V, 531 F.Supp.2d at end essay introduction 724-25. C. We next turn to Powell's claim that his trial counsel was ineffective in not objecting to the admission of the discuss in an essay NCIC report. The report incorrectly stated that Powell had been convicted of capital murder and end essay referenced a pending capital murder charge, presumably the charge for which Powell was standing trial. Finally, the report contained correct entries that Powell asserts were inadmissible at 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 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 defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to teen essay deprive the defendant of a fair trial, a trial whose result is reliable. Introduction! Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from stress 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 introduction the NCIC report. Games For Groups! Powell III, 2005 WL 2980756, at 14. The court determined this entry referenced Powell's first conviction for the capital murder of Stacey, which was reversed in Powell's first direct appeal. End Essay! Id.

Powell petitioned the court for rehearing on this issue and teen 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 journey's introduction 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 299, 272 Va. 217.

Powell contends that the state court's interpretation of the inaccuracies in teen essay, the report is itself error because the court's determinations of what the state capital convictions actually meant was based on speculation. However, Powell's arguments fails. We must presume the correctness of journey's end essay introduction, a state court's factual determination unless the discuss habeas petitioner rebuts the presumption of introduction, correctness by clear and convincing evidence. 28 U.S.C. § 2254(e)(1). Powell has offered no clear and convincing evidence to rebut the for groups 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 695, 104 S.Ct. 2052.

Stated differently, Powell can show prejudice and 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. Journey's End Essay Introduction! 510, 537, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003). Absent this showing, Powell is not entitled to autobiographical for columbia 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 introduction heinous details of the crimes; 2) the letter Powell wrote to the prosecutor following the first trial divulging of the 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 autobiographical “kill . everybody else in this f[* *]ked up country that's not white;” 5) a letter Powell wrote asking a friend to threaten Kristie; and 6) Powell's admission to police that he wanted to “[k]ill a lot of somebodies . [j]ust for something to do.” See Powell IV, 634 S.E.2d at 290-94. The court also pointed out end essay introduction, that the Commonwealth's attorney relied very little on Powell's criminal history in arguing future dangerousness. See Id. at 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 mother of Stacey and Kristie. Between Critical Thinking Process! Powell enclosed a photograph of a woman who resembled Stacey and journey's who was naked from the relationship critical thinking nursing process 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 help if she could not determine who it resembled, and journey's end essay introduction asked Lorraine to give his address to the person about whom he was referring. The state court balanced the aggravating evidence against the limited use of the between critical thinking NCIC report and noted that “a verdict or conclusion only introduction, weakly supported by the record is best, more likely to have been affected by end essay errors than one with overwhelming record support.” Id. at 298, 272 Va. 217 citing Strickland, 466 U.S. at book writing 696, 104 S.Ct. 2052.

The court then concluded that, in light of the overwhelming aggravating evidence of 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. Thus, Powell had not shown that any alleged deficiency by end essay 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 best book and precis believe the jury understood Powell had not previously been convicted of the capital murder of two other victims in addition to Stacey. The jury knew Powell's previous conviction of the capital murder of Stacey had been successfully appealed and journey's end essay introduction vacated based on the contents of the word discuss, Powell's letter to the Commonwealth's attorney. Journey's Introduction! 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 book and precis jury, upon end essay 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 between thinking process the capital murder of Stacey.

In sum, Powell has failed to meet his burden to show the end essay introduction unreasonableness of the state court's determinations. We conclude that the state court's determination that Powell had not shown prejudice is not an solving for groups, unreasonable application of Supreme Court precedent or based on an unreasonable determination of the facts in light of the evidence presented at journey's trial. Papers! Therefore, we affirm the dismissal of this claim.FN9. FN9. Powell asserts three other reasons that the state court unreasonably applied federal law.

First, Powell argues the journey's introduction state court failed to problem games for groups 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 death sentence when the introduction court explained that Powell's criminal history “has nothing to do with” vileness. We have reviewed the record in this regard and find no basis for critical relief. Finally, Powell argues that the state court unreasonably applied Strickland by using an improperly elevated standard of prejudice. Journey's End Essay! 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. Essay! 2574, 91 L.Ed.2d 305 (1986). Powell's argument in journey's introduction, this regard is not persuasive. In reviewing the state court's opinion, it is the word discuss essay, 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 end essay Powell's final claim that his trial counsel was ineffective by failing to investigate and original for sale present all reasonably available mitigating evidence. Powell contends that there was compelling mitigation evidence to counter the 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 failing to offer the following evidence: that Powell made racist statements for their shock value on end essay listeners, rather than as expressions of 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 solving that he is not of journey's introduction, above average intelligence.

It is well-established that an and precis writing, individual claiming ineffective assistance of counsel must show, first, that counsel's performance was deficient, in that it “fell below an 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 investigate a material matter due to inattention may be deficient. Journey's End Essay! When the problem solving games 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 introduction 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. Original Term For Sale! The Supreme Court of Virginia examined each claim and journey's introduction properly made a determination under Strickland of whether Powell had shown deficiency of counsel's performance and prejudice.

We have examined each of Powell's contentions and essay find that the state court's determinations were not an unreasonable application of journey's introduction, Strickland. Therefore, we affirm the between thinking process dismissal of this claim. Based on the foregoing, we affirm the journey's introduction district court's order denying Powell's habeas petition. AFFIRMED GREGORY, Circuit Judge, concurring in part and dissenting in part:I concur with the in an reasoning of the majority's opinion on end essay introduction 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 autobiographical essay Commonwealth's conduct at Powell's first trial. This conduct unquestionably put him in jeopardy for the attempted rape of end essay, Stacey Reed. And Precis Writing! Even taking into account the nearly insurmountable burden placed on Powell by virtue of the Antiterrorism and journey's end essay introduction Effective Death Penalty Act of the word discuss essay, 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 thus Powell's conviction for capital murder must be reversed. The Fifth Amendment to journey's the United States Constitution provides that no “person be subject for the same offense to be twice put in jeopardy of papers for sale, life or limb.” There can be no doubt that Powell was actually put in introduction, jeopardy for the gradation offense of the attempted rape of Stacey during the autobiographical for columbia first trial, and journey's thus his second capital murder trial violated the Double Jeopardy Clause. The Word Discuss In An Essay! Although the bill of particulars purportedly identified Kristie Reed as the 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 Defendant, had met him sometime before. They had a friendship, a social acquaintance. You'll hear evidence that he wanted more from journey's her than that. You'll hear evidence that she was cool towards him. . Relationship Thinking And The! And on the afternoon of the 29th, there was nobody home with Stacie [sic] when he came over and they argued about journey's introduction this boy that she was dating.

And he wanted something from relationship thinking nursing process her and she wasn't going to introduction give it to him and for stress that she lost her life. (J.A. 24-25 (emphasis added).) During the trial, the Commonwealth put on 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 evidence, counsel argued that. [W]e have evidence here, again, from Mr. Journey's End Essay! Neff that according to autobiographical him [Powell] was having sex or attempting to have sex with Stacie [sic] when the phone rang. When she got up and journey's end essay answered the phone, then she wanted nothing to teen essay do with him, and at that point in time he got mad and journey's end essay said-the testimony was, he said, “It was that nigger, wasn't it?” He pulled out stress essay, his knife and stabbed her. Again, evidence, in that regard of his intent to journey's end essay introduction rape and have sex and wanting sex. (J.A. 43 (emphasis added).) Furthermore, the Commonwealth elicited testimony from original term Officer Daigneau, who testified that a physical evidence recovery kit had been obtained from introduction 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 discuss in an essay Commonwealth ever specifically identify Kristie as the end essay introduction victim of the gradation offense.FN1 Nor did the original term trial court make any attempt to clarify that the journey's introduction bill of particulars identified Kristie as the relationship critical thinking and the process victim of the gradation offense. In its instructions to the jury, the trial court stated that. FN1. While the journey's end essay majority points out that the evidence presented by the Commonwealth during the solving games for groups first trial was “not a basis for a charge of attempted rape” (Maj.Op. 667), that analysis conflates the journey's issue of best writing, whether an individual was put in jeopardy for an offense with the issue of whether the journey's end essay introduction prosecution put on relationship between critical thinking sufficient evidence to convict an individual for that offense. The Commonwealth did not fail to prosecute Powell for the attempted rape of Stacey, it just failed to do so successfully, and the majority misses that point in its analysis. [t]he Commonwealth must prove beyond a reasonable doubt each of the journey's end essay introduction following elements of original for sale, 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 introduction 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 teen prove that the journey's introduction killing was deliberate and papers for sale premeditated, but the introduction killing was willfully committed during the commission of solving games, robbery or attempted robbery and/or rape or attempted rape, you shall find the journey's end essay defendant guilty of relationship thinking and the nursing process, 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 end essay answer to this question was “no.” (J.A. 53.) Such an answer would only make sense if the judge thought that the for sale attempted rape of Stacey would satisfy the requirement of the gradation offense and that the introduction jury could convict Powell of that offense. (J.A. 62.) The fact that the problem solving for groups jury needed to ask this question demonstrates that the jury was unaware that the bill of 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 the rape or attempted rape of end essay introduction, Stacey, and indeed based its decision in part on that finding. See Powell I, 552 S.E.2d at 363. After reversing Powell's capital murder conviction because the essay for columbia indictment had been improperly amended, the 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 jury establishes that Powell was acquitted of the charge of journey's end essay introduction, capital murder in book, the commission of robbery or attempted robbery. It is equally clear that there is journey's end essay introduction, 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 discuss in an rape of end essay, Kristie did not occur after the term papers for sale 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 Stacey Reed, if the Commonwealth be so advised. Id. (emphasis added). It is perplexing that the Supreme Court of journey's, Virginia would have made such a finding if, in fact, the rape or attempted rape of Stacey had not been litigated in the first trial. In affirming Powell's capital murder conviction in Powell II, however, the the word in an Supreme Court of Virginia reversed course. The court characterized its earlier references to the sexual assault of Stacey as merely “ ‘the circumstances of 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 journey's end essay 363). This recharacterization is book, unreasonable in light of the proceedings in the first trial. At every turn, the Commonwealth, the trial court, the jury, and even the Supreme Court of Virginia acted as though Powell were on trial for the murder of Stacey in the commission of any rape or attempted rape, and journey's introduction 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 rape or attempted rape of Stacey.” (Maj. Op. Book And Precis Writing! 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 journey's Stacey or made intimations that Powell attempted to sexually assault Stacey. Essay! ( 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 journey's introduction, her rape or attempted rape. In further support of teen essay, its finding that Powell had not already been put in jeopardy for the rape or attempted rape of journey's, 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 Kristie: [W]here, prior to the attachment of best for essay writing, jeopardy, the Commonwealth limits the prosecution of a capital murder, undifferentiated in the indictment by end essay the identity of the victim of the gradation offense, by naming a specific victim of the gradation offense in a bill of term, 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 journey's end essay Supreme Court of Virginia committed no reversible error in its application of federal law. ( See Maj. Op. Discuss Essay! 665-67.) Even assuming that this holding is not unreasonable as a matter of law, it overlooks the fact that the Commonwealth did not actually limit its prosecution for capital murder to the rape of Kristie. Moreover, neither the journey's 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 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 original term papers case here. Instead, the journey's end essay introduction bill of particulars operated as a double-edged sword for 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 autobiographical essay for columbia 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 journey's introduction light. Notwithstanding the stress essay above analysis, the majority concludes that the journey's end essay 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. Discuss! 667 n. 6.) Again, the majority misses the point. Journey's End Essay! I agree that Powell's trial counsel understood that the bill of particulars should limit the prosecution of the gradation offense. Indeed, Powell's trial counsel submitted proposed jury instructions specifying that Kristie was the term for sale victim of the gradation offense. (R. vol. 21 at journey's 1213.) The problem is that despite counsel's exhortations, the trial court did not use the proposed jury instructions or otherwise clarify this point to 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. vol.

20 at original term for sale 1024-25.) But the majority takes this instruction out of context. Along with capital murder, Powell was charged with the rape of Kristie. It was in journey's, instructing the jury on this latter charge that the trial judge used the phrase “sexual intercourse.” FN3 (R. vol. 20 at the word discuss 1020.) Thus, when the trial judge clarified the definition of sexual intercourse, it was for the purposes of the journey's end essay rape charge, which specified Kristie as the victim, and not the capital murder charge, which did not specify Kristie as the victim.

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a essay about 9/11 Evident is the fact that today the USA is the most powerful country in unequal environment. 21st century starts with doubtless domination of the journey's introduction USA on the international scene. It is the strongest country in stress essay, almost all aspects – military strength, economic and scientific potential, which controls global markets through the system of transnational corporations and banks predominantly owned by American capital. Being a leading country in the sphere of diplomacy and international relations, the journey's end essay introduction United States has created a network of global alliances yet during the period of cold war, and today the country exercises its ability to “project” its strength on practically every region of the world. And today, according to views of many political scientists, America exercises its power in unprecedented scopes.

American domination is autobiographical essay, a fact that is obvious in short and incontestable in middle-term run. But the long-term perspectives of American global policy will be determined by the American ability to take proper use of its domination today. Today, America faces a problem: it should become aware of its domination, but nevertheless conduct its policy as if there were a number of centers of force worldwide. In the nearest future no power source comparable to the United States is likely to emerge. Today, the end essay US foreign policy has become “the factor number one” for virtually every state in the world and international system on the whole. However, the status of the USA as the only global superpower was put under question under 9/11 attacks. On the one hand, the power, security and inviolability of the global center of critical thinking process, force were proven to be a little bit exaggerated. The USA turned out to be as vulnerable as every other state in the world and not very capable of securing its own protection.

On the other hand, creation of joint anti-terrorist coalition, a solitary cooperation of the majority of the states supporting American policy in fighting terrorism and journey's attacking Afghanistan and offering tangible assistance to the American forces, followed by almost unilateral actions of America against Iraq, give the ground to conclude that the relationship critical thinking and the United States has somewhat ceased to take heed of international opinion and act as if they were only influential power on the globe without need for international support and compliance with the rules and end essay introduction obligations of autobiographical for columbia, international behavior. These facts pose a lot of questions as to end essay introduction the nature of international system that is being shaped today and the problems it encounters. This paper will present the book and precis writing comprehensive overview of the major aspects of the end essay introduction issue. A number of problems focus on the word discuss essay the issues of international anti-terrorist coalition and perspectives of combating international terrorism. Also, new image of international security is being formed, and journey's this one contains numerous problems.

Thus, despite process and tendencies which took shape after the events of 9/11, such as creation of anti-terrorist coalition, acquiring a new, forceful and almost aggressive role by the US policy, integrative processes in Europe, and rapprochement of Russia and West, in reality, uncertainties take dominant place in global processes. Uncertain is the perspective of teen essay, development of end essay, numerous major processes within international system, which take their root in destruction of bipolar system. The new system of international relations that was to take shape seems to take long time for original term its creation. Today’s state of international security is characterized by combination of elements inherent to both old a new systems, existing in 19 and 21 centuries, aggravated by continued distrust inherited from the bipolar period. On the introduction one hand, the military campaign against Iraq revealed numerous problems and contradictions, and on the other hand it served as a catalyst for new processes and tendencies which gradually emerged.

Therefore, modern international system, under effect of events following 9/11, has acquired traits of teen stress essay, uncertainty. The world, states and politic elites, which over fifty years got used to live in strictly determined, though highly explosive and dangerous, international system, have hard time adapting to new realities, and therefore feel insecure and uncomfortable. Of course there exist some certain moments, but uncertainty shows and very often dominates on numerous directions. Tragic events of September 11 revealed these uncertainties which were formed still in 1990s. Becoming aware of these tendencies is of particular importance for elaboration of both strategy and tactics of any state, especially the large one. The first set of uncertainties of early 21st century has formed and continues to journey's end essay introduction form around the USA and its foreign policy.

On the one hand it is evident that Washington strives to the word in an take use of the situation it found itself after the Cold War. This situation, according to many American political scientists, is the unique for international system since decline of the Roman Empire. Therefore the aim of the Washington is to ensure to the maximum possible extent the achievement of tactic and strategic goals and ambitions on the basis of journey's, unique and recognized in original papers, the world military and economic power. The United States can remain the most powerful state for considerably long time, though not always – the history of the Roman Empire, compared nowadays with the USA, reminds of that. But the set of instruments and mechanisms of American achievement of its goals poses many questions, is uncertain and, taking into account the scale of American activity, may cause system shifts and implications in international relations (for example in Europe) and security which are at the moment difficult to define and journey's end essay predict. Thus, despite all its power and constant declarations that the US is able to act on international arena on its own, in between thinking nursing, reality America cannot do without its allies. In military actions it needs allies’ armies, airports and other infrastructure, air space, political and informational cooperation and many other assets. The USA a priori relies on traditional international instruments and mechanisms, which in a number if cases began to fail and end essay malfunction due to the position of problem for groups, individual states. Especially evidently these problems showed during and after anti-Iraq campaign. Enthusiasm of the part of the end essay introduction allies, such as Great Britain, Spain, a number of new Central-European states – NATO members – Poland and Hungary, isn’t shared by all European states, not to the word discuss in an mention other regions.

For instance, Italy behaves warily in its support of Washington, but the most serious disturbing factor from both Iraqi campaign viewpoint and possible long-term implications was objection to American actions by the two most powerful European countries – France and Germany. In European Union 10 countries out of 15 (at that time their number was 15) opposed the US actions to different degree. In NATO, the number of end essay, opponents made up 11 out of then-19its members. The new anti-Iraq coalition is teen stress essay, considerably inferior by journey's end essay its solidarity and cohesion to the one formed in 1991 during “The Desert Storm” operation. Actual split in the camp of American closest allies seriously weakens transatlantic security structures that have been the basis of cohesion for more than 50 years after the end of World War II.

The policy of the teen stress USA is the evidence of the journey's end essay fact that the relationship between critical thinking and the nursing USA still hasn’t found a model of transition from the old world to the new one. End Essay Introduction? Dealing with the realities of 21st century, it tries to sometimes apply not only the methods of 20th century, but even of the 19th with its interventionism, strive to privatize everything in the international relations, including antiterrorism. The mixture of new and old methods and solving games worldviews is the source of uncertainties and potential dangers, obstacle in the process of creating new, realistic international relations system of the 21st century. The new tendencies are apparent in Europe, where still recently the development has been stable and journey's end essay introduction predictable. The decisive point of the original for sale Europe’s new policy is position of France and journey's end essay introduction Germany that was acutely revealed in decisive opposition of these counties to anti-Iraq operation. The special position of France and book for essay Germany deals with all set of European and transatlantic relations. Recently a new initiative on creating Franco - German federation emerged and became sensation indicating geopolitical shift in today’s international system. Significant uncertainties deal with the destiny of NATO.

The Alliance proved incapable of participation in anti-terrorist campaign against Al-Qaeda and Taliban in Afghanistan. The USA, its allies and partners actually acted in contravention of NATO. Journey's? It is difficult to evaluate if the Alliance will be able to confront new challenges, and if so, how quickly it will adapt to new circumstances. Military operation against Iraq, especially position of for essay writing, Turkey, revealed the end essay scope and and precis writing the depth of the issues that NATO has to solve to pertain its positions as effective military-political organization. By counteracting to the “old” European leaders – France and Germany- and relying upon today’s favorites – Spain, Italy, Great Britain and new Alliance members, the USA catalyze the split processes within the NATO organization. Taking into account all the contradictions that showed during the Iraqi crisis but have deep system roots, one cannot exclude the possibility that tendencies of prosperous development of Europe will be disturbed. Therefore, Europe has become another complex of end essay, uncertainties in the result of the events of autobiographical, 9/11. End Essay? Another uncertainty touches upon the security systems and their development trends in the 21st century. Despite predictions that after the end of the Cold War the best writing security system supported by military methods will cease, today we witness the processes when military aspects of security become the decisive factor once again. The use of interventionism has become a widespread and end essay introduction common international practice, conflicts continue to emerge, weapons of mass destruction increasingly proliferate. Mega terrorism adds to this picture its final sinister accent.

Also, the paradigm of best book and precis, threats to national security has undergone cardinal change. If in journey's end essay, 2002 the main attention was drawn to the word discuss threats emerging from non-state institution, such as Al-Qaeda, today the whole states (Iran, Iraq, North Korea) are claimed to be the new sources of threats. The mixture of old, traditional threats to national security with the new ones further complicates already contradictory system of international relations. What can be done to meet all those challenges and reduce their negative effects? Again, the proper policy of the journey's end essay introduction global superpower is needed. The USA should reconsider its global behavior from rejection of international principles, direct economic and power pressure on its allies, which causes growing resistance and has the adverse effect of diminishing American influence on the international arena, to setting comprehensible rules and best book strict adhering to them ensuring that the view of the majority of international actors is taken into journey's end essay, account and their interests are not ignored. Only in problem solving for groups, the spirit of cooperation, acting as if the USA weren’t the most powerful state on the globe, can it preserve its leading positions and secure the journey's unipolar status of international system. Dennis Dresang. American Government in a Changed World:The Effects of September 11, 2001.

Longman, 2004. David Buckingham. September 11, Ripple Effects or Paradigm Shift? 14 September 2002. The Word Discuss? - Storey Hall, RMIT University. Journey's Introduction? Huntington S. The Clash of Civilization. Foreign Affairs, vol.72, #3, Summer 1993. Relationship Between Nursing? Michael Harris.

The Tragedy Of September 11 and its Multilevel Effects. Introduction? Eastern Michgan Univesity, 2002. National Commission on Terrorist Attacks. The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States. W.W. Norton Company July 22, 2004.

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Current Issues Malaysia Essays and Research Papers. submerges farmlands, and journey's, squanders economic resources. Inuit Circumpolar Conference (ICC) - represents the 145,000 Inuits of book writing Russia, Alaska, Canada, and end essay, . Greenland in international environmental issues ; a General Assembly convenes every three years to determine the focus of the autobiographical ICC; the most current concerns are long-range transport of pollutants, sustainable development, and climate change. Metallurgical plants - industries which specialize in the science, technology, and processing of metals;. Agriculture , Atmosphere , Carbon dioxide 1190 Words | 5 Pages. ? Malaysia Airlines Faces a Difficult Future The Two Crashes in Five Months Could Deal a Crippling Reputational and Financial Blow to the . Airline Malaysian Airline System Aviation and crisis-management experts say the fate of Malaysia's flagship carrier will hinge on how it weathers what's expected to be another sharp drop in bookings after its latest air disaster, when Flight 17 from Amsterdam to end essay, Kuala Lumpur crashed Thursday in the battle-torn region of and precis Donetsk in eastern Ukraine. U.S. intelligence. Airline , Airlines , Cathay Pacific 1110 Words | 3 Pages. and regional instability. As in the past, the journey's possibility remains that Pakistan’s military could conduct a coup if it perceives the government as inept. Or . Autobiographical? Pakistanis may rise up in protest due to the government’s inability to deal with economic issues . Pakistan economy is under its terrible crisis due to introduction, following REASONS One of the immediate causes is Political instability due to Musharaf’s position as president, delay in restoring judiciaryand resultantly withdrawal of PML (N) from the.

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Sexual abuse against children has been a major issue in the Jewish world. Rabbis have been abusing children, seeking them out over the internet and in the churches. Sacred Traditions One sacred tradition of Judaism. Christianity , Europe , God 579 Words | 3 Pages. Current Economic Issues |Semester: | Summer 2013 . | |Module Code: |PE103 | |Module Title: | Current Economic Issues | |Programme |BSc Economics . Economic bubble , Economics , Financial crisis 280 Words | 3 Pages. ? Current Issue in Aging Celia Langlinais University of the journey's end essay Rockies Abstract The . difference between aging with Down syndrome and Alzheimer's disease was the main reason to worry, and kindle gerontological curiosity into this field. Unexpectedly, the majority of the term for sale people have issues involving risk factors, screening, and evaluation of dementia with Intellectual Disability (ID) and journey's end essay, or, with or without Down syndrome (Perkins, Friedman, 2012).

The American. Autism , Developmental disability , Disability 1429 Words | 5 Pages. ? Current Issues Assignment #1 Throughout our society and in today’s world racism is still a hot topic. You can look back . almost 20 years ago at the Class Divided study done by the word in an, a teacher to see that racism is a problem. Even today we see the same effects that were found in journey's end essay introduction the study. Book? As these effects are still seen in today’s society it impacts many people.

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Some factors, including the economy, competition between companies worldwide, technology development, the journey's end essay introduction workforce, and each person’s individual ethics have played a role in a business’s decisions. In this paper, Learning Team “A” will explain a current. Applied ethics , Business ethics , Employment 1578 Words | 5 Pages. Current Issues in Quality and in an essay, Safety. Current Issues in Quality and Safety Current Issues in Quality and Safety The safety of end essay . medication administration has become a universal issue and autobiographical for columbia, crucial for one's wellbeing. The majority of hospitalized patients are treated with medications (Agyemang amp; While, 2010). The medical treatment of journey's end essay patients has a direct effect on the patient's quality of life. Teen Essay? Srinivasan declared patients have a right to know they are receiving safe care (as cited by Zhani, 2012, p. 1). The purpose of this. Health care , Health care provider , Hospital accreditation 994 Words | 3 Pages. Current Ethical Issues Student Name XMGT216 April 1, 2012 Instructor Current Ethical . Issues Organizations must deal with moral and ethical issues that can include dishonesty, theft, and journey's, employee drug use.

However, companies that have ethical guidelines and essay, train their employees in ethical behavior will have exceptional employees. Journey's? Therefore, organizations that create ethical policies and provide ethical training will encourage ethical standards in the company. Therefore, I will profile. Ambulance , Bioethics , Business ethics 788 Words | 3 Pages. Current Environmental Issues Tamisha Johnson Soc 120 Instructor Kerr June 19, 2010 Current Environmental . Issues With the world’s population steadily increasing, our environmental issues are steadily changing.

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Business ethics , Ethics , Hotel 894 Words | 3 Pages. ? Current Ethical Issues XMGT/216 8/18/13 For this virtual organization paper, I chose to write about the Baderman . For Columbia? Island Resort. The Baderman Island Resort is aimed at all types of journey's travelers and has the goal of creating a positive relaxing environment no matter what traveler is visiting. There are currently some ethical and moral issues that the Baderman Island Resort is facing. Relationship Between Critical And The Process? Three of these issues are substandard equipment, data security, and deceptive pricing tactics. End Essay Introduction? Business. Ethics , Hotel , Morality 826 Words | 5 Pages. Current Ethical Issues Lynn Summers Axia College of University of Phoenix Kudler Fine Foods is a market that offers a . variety of gourmet breads, cheeses, wines and many other things from many different countries. Founded in 1998 by Kathy Kudler, the store has been successful and essay for columbia, has grown into two additional stores.

While on journey's the surface, Kudler Fine Foods works like a well oiled machine, but many problems face the business behind the scenes, both economically and ethically. The first ethical. Business ethics , Ethics , Justice 911 Words | 3 Pages. Current Ethical Issues Paper Heidi L. Hinckley XMGT/216 December 16, 2012 Dan Mitchell In creating this paper I have . decided to use the Kudler Fine Foods organization, due to the fact that I enjoy trying new flavors from around the world. Kudler Find Foods is “a local upscale specialty food store” (Kudler website) located in California. Kudler Fine Foods currently has three locations in the state of California. Nursing? There focus is to bring the finest foods and journey's end essay introduction, finest team members they can to their. Business ethics , Ethics 752 Words | 3 Pages.

` Current Ethical Issues Shannon Williams XMGT/216 Sharon Donnelly November 21, 2010 Can you imagine the . financial effects the economy would feel if every home owner up and the word discuss in an, just walked away from introduction, their homes, owing more than the definite value of the home and the loan? With the current struggles and rapid down spiral of our economy, many financial services, and institutions are burdened with many homeowners inability to maintain their mortgage financial responsibilities, thus resulting. Bank , Debt , Ethics 1242 Words | 4 Pages. Current Ethical Issues Jorge Delgado June 23, 2013 Axia College of University of . Phoenix Current Ethical Issues In today’s business environment, ethics take a toll far greater than that of papers previous years. It is more important now than ever that business ensure their ethics program is solid. For Upbeat Financial Service it is important to journey's, ensure the six characteristics that build a good solid ethical decision. Trustworthiness, respect, responsibility. Aesthetics , Business ethics , Ethics 907 Words | 3 Pages. Political Issues with the Current Immigration. Political Issues with the Current Immigration SOC/315 December 12, 2011 Political Issues with the . Relationship Thinking? Current Immigration “In the wake of the Civil Rights Act of 1964, Congress passed the Immigration Act of journey's end essay introduction 1965. This new law abolished the best book national origins quota system and barred racial considerations from expressly entering into decisions about immigrant visas; it also imposed for the first time a ceiling (120,000) on migration from the Western Hemisphere.” (Johnson, 2006).

Historical Framework. Borders of the United States , Human migration , Illegal immigration 1833 Words | 5 Pages. Current Issues in journey's end essay introduction Lifespan Development. Running Head: CURRENT ISSUES IN LIFESPAN DEVELOPMENT Current Issues in Lifespan Development PSYC 500 . 17 December 2009 Current Issues in Lifespan Development Within the last two decades overweight children has been climbing in numbers. Many factors has cause the rising numbers of children obesity. Physical actives happen to be the main contribution among obese children. Today children do not want to involve in physical actives as in the past, but involved in technology actives. Physical actives such. Bariatrics , Cancer , Childhood obesity 922 Words | 3 Pages.

Hooters Current Ethical Issue Over the years the the word discuss in an national chain restaurant Hooters has had lawsuits brought against them for . discrimination based on gender. Currently, the issue is introduction, weight discrimination. In An? Not just one lawsuit, but two, and maybe three lawsuits may be filed. Introduction? The waitresses claim that they lost their jobs because they weighed too much. They were put on a 30-day weight probation and offered gym memberships.

The ethical issue here is the for columbia fact the end essay company practices such discrimination. Employment , Ethics , Hooters 1137 Words | 3 Pages. Current Ethical Issues in Business. Current Ethical Issue in Business Big Ben or Big Brother is an article that discusses a major aspect of today's ethical . issues in problem games the business world. Journey's End Essay? This ethical issue has to do with invasion of privacy.

Each year, the national members and relationship thinking nursing, affiliated organizations of Privacy International present the Big Brother awards to the government and private sector organizations which have done the most to threaten personal privacy in their countries. Big Brother awards are presented to the government. Data Protection Act 1998 , Ethics , Law 1277 Words | 4 Pages. Issues and Challenges of Logistics in Malaysia: a Perspective. ISSUES AND CHALLENGES OF LOGISTICS IN MALAYSIA : A PERSPECTIVE By Mohd Hafizzuddin Md Damiri Summary In the Asia Pacific . region, the potential for growth in logistics is very promising.Although Malaysia's economic growth rate is increasing, but advances in logistical in this country is still on journey's end essay introduction modest level.

Under the discuss Third Industrial Master Plan (IMP3), which was launched in 2006, Malaysia’s logistics development were charted carefully and journey's end essay introduction, diligently as to keep on teen essay pace with other countries in. Cargo , Economic growth , Logistics 952 Words | 4 Pages. Current Issues in Psychopharmacology Paper. shtml 2 3% match (Internet from 3/21/10) http://healthinfo.healthcommunities.com/autism/treatment.shtml 3 1% match (Internet from 6/29/09) . http://health.ezineseeker.com/treatment.htm paper text: Running head: Current Issues in introduction Psychopharmacology Paper Current Issues in Psychopharmacology Paper Tameka Dillard Biological Foundation in Psychology January 10, 2011 Dr. Robin Peterson Abstract Visualize yourself going into a classroom and you observe a kid sitting by their.

Asperger syndrome , Autism , Brain 1358 Words | 5 Pages. Current Issues and Enduring Questions. CURRENT ISSUES AND ENDURING QUESTIONS SORROUNDING MANDATORY DRUG TESTING AT SCHOOLS AND WORKPLACES Introduction . Over the past several decades, mandatory drug testing policies at critical and the process, workplaces and schools has become more prevalent than ever. Although some people may view this as having only introduction, beneficial results, not everyone agrees, and some view this process as an ethical dilemma. As with many ethical dilemmas, there is a vast array of opinions held by individuals.

The purpose of this. Drug test , Employment , Tests 948 Words | 4 Pages. Current Ethical Issues in teen Business. Current Ethical Issues in journey's Business November 22, 2010 PHL/323: Mr. Michael Smith Current Ethical . Issues in Business Ethics plays an problem important role in the function of a business. The overall standards of a company often determine the conscious effort and importance of ethical standards. There are various reasons for business ethics that go beyond the invisible line set by most business standards. Competition, security, and safety become compromised by carelessness, neglect, and ethic violations. Applied ethics , Business ethics , Ethics 1330 Words | 4 Pages. Organizational Responsibility amp; Current Health Care Issues HCS - 545 11/19/2012 Organizational Responsibility amp; . Current Health Care Issues In today's modern world with plenty of technology, it is hard to journey's, believe that we cannot figure out how to reduce Medical errors.

The issue of medical error is not new in best writing health care organizations. End Essay? It has been in original term papers for sale spot light since 1990's, when government did research on sudden increase in end essay number of death in the hospitals. According to Lester, H. Health care , Health care provider , Healthcare 1649 Words | 5 Pages. Apple Inc. Current Issue Ethical Issues in Apple Inc. Apple success is based on “creating innovative, . high-quality products and services and on relationship critical and the nursing demonstrating integrity in every business interaction.” According to end essay, Apple, four main principles contribute to integrity: honesty, respect, confidentiality, and relationship between critical thinking and the, compliance. Journey's? Although Apple has consistently won first place as the World’s Most Admired Company, it has experienced several ethical issues within recent years.

Among are privacy, sustainability. Apple Inc. , Graphical user interface , IPhone 1134 Words | 4 Pages. Current Ethical Issues in Business. Current Ethical Issue in Business PHL/323 Current Ethical . Issue in Business In today’s changing world of for groups economical and end essay introduction, social standings, individuals have to be aware of how ethical issues are of the utmost importance in the 21st century corporate world. The following paper will show the reader how a certain company deals with the ethical responsibilities and how actions of not following them of have consequences, not for just the company. Altruism , Customer service , Ethics 1567 Words | 4 Pages. Current Ethical Issues in Business. Current Ethical Issue in thinking process Business The organization People for the Ethical Treatment of Animals (PETA) have been in journey's end essay introduction the news for . recent issues regarding animal cruelty. The same activists that had to fight to preserve the habitat of solving animals, the cruelty in the clothing industry and in medical experiments have been the focus of attention for the way they have handled disposing of journey's end essay introduction dead dogs and cats.

This paper will establish the ethical issues , theories, ground rules, and how all apply to the PETA. Animal Liberation Front , Animal rights , Animal welfare 1506 Words | 5 Pages. Current Issues Paper For quite a long time now an increased concern of wildlife has developed. Term Papers For Sale? This includes protection, . conservation, global warming and the most important factor: our very own impact on journey's end essay the flora and fauna on this Earth. After some steady research in the extinction and diseases of wildlife I have discovered there are a lot of autobiographical problems, some are man-made but a lot are unknown or natural. Which is interesting in itself, does this mean that all wildlife will soon die off no. Canidae , Dog , Gray Wolf 2094 Words | 5 Pages.

Introduction Throughout this coursework I will be exploring my chosen current issue which is the recession. I will be thoroughly . Introduction? exploring the critical thinking and the nursing impact that the recession has had on the travel and tourism industry in the UK. Journey's? I will also examine and provide a justification of the wide-ranging processes of essay change in Travel and Tourism which have arisen due to the recession. The recession is an journey's introduction issue in travel and problem, tourism because the journey's introduction state of the economy determines the success of the travel industry. Deflation , Economics , Inflation 903 Words | 3 Pages. Current Ethical Issue Paper Brenda Kinderman XMGT/216 September 19, 2010 The organization that I will be using to solving games for groups, . create an ethical organization profile will be Kudler Fine Foods. Kuddler provides the finest wines and food in three different locations also offers many delicious and end essay, different ingredients from around the world, a bakery, meat amp; seafood, produce, cheese amp; dairy and wine. Kathy Kudler is the creator of the gourmet food shop; her vision was much more than opening a.

Baking , Bread , Butter 746 Words | 3 Pages. Current Issues Financial Accounting. contributed to the financial crisis and intensified its severity for financial institutions around the world. Also proponent’s views that FVA merely played . the role of the proverbial messenger. Best Writing? This article’s objectives are to make sense of the current fair value debate and end essay, discuss whether many of the arguments in this debate hold up to original papers for sale, further scrutiny. The authors have achieved their objectives by explaining what FVA is and discussing the key arguments for journey's end essay, and against FVA. It also considers.

Balance sheet , Bank run , Debate 1519 Words | 5 Pages. Kevin Rooney Professor McCarthy Comparative Politics October 7, 2012 Current Issues in between critical Greece Greece is a . country with a very rich history of tradition, from the gods of ancient Greece, to journey's introduction, the beautiful landscape in the Mediterranean, all the best book writing way to the development of Democracy. The Greek political system is journey's, similar to the United States but also different in many ways. The government type is a parliamentary representative democratic republic. The prime minister is the solving games for groups head of. Athens , Economics , Education 2363 Words | 6 Pages. Current Issues of Nurses Today Submitted by: Lindsay G. Bunyi, RN PUBLICIZED ISSUES OF NURSES ? Number of . Pinoy nurses seeking US jobs fell by 42% in journey's end essay introduction 2011 from 9,789 in 2010 to only 5,630 in 2011.

The US labor market for foreign nurses is getting overcrowded. ? Extended Hours Issues in relationship critical thinking and the process Nursing: Exploring the Problems, Finding the Solutions By:Acacia Aguirre, M.D., Ph.D. and Ann L. Curley, Ph. Journey's End Essay Introduction? D., R.N. The challenges of operating 24/7, focusing on scheduling, training, and staffing. Bachelor of Science in Nursing , Health , Health care 1158 Words | 4 Pages. Current Ethical Issue in Business. Current Ethical Issue in original papers for sale Business Angela Fraley, Jill LaLonde, Susan Kunz, Klay Gardiner PHL 323 Aubrey Weekes October 17, . 2011 Current Ethical Issue in Business Several factors account for the changes in the way business is end essay, conducted today.

Factors such as increased global competition, economic conditions, technology, electronic commerce, workforce diversity, and ethics have played a significant role in how business is essay for columbia, conducted. How a company conducts itself as a business and a corporate. Applied ethics , Business , Business ethics 1616 Words | 5 Pages. Current Issues with Policing and Ethics. daily basis, police officers must overcome ethical dilemmas while performing the essential duties of the job. It is the duty of the professionals in law . enforcement to continuously improve police ethics training. This paper will examine some current issues in policing, in which ethical decision making have become a pattern.

The FBI defines terrorism as “the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment. Crime , Ethics , Federal Bureau of Investigation 1631 Words | 5 Pages. Current Health Care Issues HCS/545 Camille Fuller University of Phoenix The health care industry exist to introduction, provide . preventative measures, diagnose health conditions, repair, and provide services to improve the quality of best book and precis life. The cost of health care continues to rise each year. Health care fraud is a factor that continues to plague the health care industry.

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Small pox, measles, and influenza are just a few of the epidemics seen in autobiographical essay America; but, what about the forgotten epidemics; the unexplained illnesses that have. Action potential , Antidepressant , Nervous system 1340 Words | 4 Pages. Current Issues in Lifespan Development. Current Issue in Life-Span Development Paper Danielle Watson University of Phoenix Dr. Terry Portis . PSYCH500 June 28, 2010 From the time a person is born until the time a person passes away, they are changing constantly over the years. Most of the changes throughout life’s various stages are because of the common biological and psychological structure. Lifespan development is the physical, cognitive, social and emotional development of end essay individuals. Child , Childhood , Developmental psychology 1177 Words | 4 Pages.

BATEK OF MALAYSIA The Batek of Malaysia Donyale Davis ANT 101 Instructor: Gretchen Henderson April 04, 2011 THE BATEK . OF MALYSIA Outline The Batek of Malaysia A. The Batek of Malaysia are foragers B. Three Scholarly research Journal that will be used for research 1. The Meanings of Trees The Meanings of Trees: Forest and Identity for autobiographical essay for columbia, the Batek of Pahang, Malaysia.Full Text Available By: Tuck-Po, Lye. Asia Pacific Journal of Anthropology, Dec2005, Vol. 6 Issue 3, p249-261. Anthropology , Architecture , Demographics of journey's introduction Malaysia 623 Words | 3 Pages. Of course, that is autobiographical essay for columbia, probably true notwithstanding my observation about the cost of end essay introduction software. Technological advancement will impact things, too. For example, . the user interface for computing devices will likely be more like the iPad than like the current mouse-driven GUI. But that is discuss in an, not really the introduction topic of today’s column. No, I want to rail on about the extreme cost of enterprise software -- the software that runs the computing infrastructure of medium to large businesses. It is not uncommon for.

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so his job suitably. Relationship Between Thinking Process? He had become discouraged. He became emotionally unstable, and he was signed off on end essay a long-term sick leave. Essay For Columbia? Joe had suffered from journey's end essay introduction, a . stress related burnout. Book And Precis? It tweaked with his emotions” ( News and Features Ltd,Web). Another issue a social worker may have is social lives interrupting work lives.

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Malaysia in the 1990s: Case Analysis Decision analysis: What is the original papers for sale best strategy for the Malaysian government moving forward? This decision . can only be made after the country’s current strategy and how well it works is analyzed. Adopt the end essay introduction view of the Prime Minister. Term Papers? Consider the character’s strengths, responsibilities, and blind spots. Why is the Prime Minister in this dilemma? 1. Are the charges of the journey's end essay introduction environmental groups true? Yes. Based on discuss in an essay the information in the case, timber harvesting. East Malaysia , Forest , Malaysia 1263 Words | 4 Pages.

Current Issues in the Philippines. grade education given to end essay introduction, them by the government. The passing of the problem solving games RH bill is also a positive move the end essay introduction present government has done to address . overpopulation. Relocating informal settlers to a safer community environment is a long term remedy for the issue of teen stress over-crowding, flooding and health risks. Journey's Introduction? As mentioned, education is the only way to level the playing field of opportunities between the stress rich and the poor. As Plato said, Every boy and girl must be educated to his/her limit. Education, therefore. Education , Environmentalism , Family 1317 Words | 4 Pages. ONE MALAYSIA Since Datuk Seri Najib Tun Abdul Razak became the sixth Prime Minister, he introduced a concept of solidarity, which is One . Malaysia . It is not a new concept. In fact, he states that it is the end essay goal of teen national unity envisioned by past prime ministers of this nation with a different approach and method according to the current condition of the world.

In the end essay other words, he updated the concept which is brought by the previous Malaysian leaders. The Prime Minister also states that the. Abdullah Ahmad Badawi , Mahathir bin Mohamad , Malaysia 990 Words | 3 Pages. ?ETHICAL ISSUE In today’s society, sports are to original term papers, be one of the end essay introduction fastest growing entertainment projects around the world. It brings the original world . together and different cultures and traditions. Everyone unites together and just have a marvelous time together. However, in some cases, sports can have a negative impact towards human race and athletes themselves. End Essay Introduction? The National Basketball Association (NBA), is a men’s professional basketball league in the word discuss essay North America, and end essay, is widely considered to be the premier. All-NBA Team , Boston Celtics , Cleveland Cavaliers 910 Words | 3 Pages. Media Reaction Current Political Issue.

Media Reaction Current Political Issue Patrick Abbey SOC/315 The border between the United States and Mexico is original, about . Journey's End Essay? 2,000-miles and has existed since the Guadalupe Treaty in 1848. This border which follows the autobiographical essay for columbia Rio Grande river and consists of many roads and towns that join the two countries, some of introduction which have families living on each side. For many years people were free to cross back and forth between the two countries, though there were some that were considered as high traffic and had. Constable , Illegal immigration , Immigration 1272 Words | 4 Pages. Current Ethical Issues on Oil Spill. need of oil and also to boost the economy of the teen stress nation. In this report, I am going to discuss how the journey's current Deepwater Horizon rig explosion . has led to disastrous oil spill into the Gulf of original papers Mexico causing environmental problems and also discuss how the oil spill if resolved and with safe and introduction, secure drilling techniques, the best for essay and precis writing economic impact of offshore drilling can outweigh the environmental issues . Concerning the Deepwater Horizon rig explosion on April 20, 2010, which escalated into end essay introduction, a massive amount.

BP , Hydrocarbon , Natural gas 1476 Words | 4 Pages.