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Daily Archives: December 7, 2021
Wrigleyville Wonderland brings the holiday spirit to Chicago – ReelChicago
Posted: December 7, 2021 at 5:34 am
19 Wrigleyville businesses transform into holiday themed spots for everyone offering picture-perfect moments, movies, food and drink specials and more.
TheLakeview East Chamber of Commerceis proud to announce the return of one of Chicagos favorite holiday celebrations, Wrigleyville Wonderland, running now at select venues through the end of February. Wrigleyville Wonderland brings the Holiday spirit to Chicago with 19 Wrigleyville businesses transformed into individualized holiday-themed destinations offering map projections, Instagrammable moments and activations. From the locations dcor to actors dressed in costumes to the holiday themed drinks, there is something for everyone at Wrigleyvilles Wonderland. Press are invited to a kick off party, Thursday, Dec. 9 from 5 8 p.m. More information can be found atWrigleyvilleChicago.org.
All of Chicagoland is invited to Wrigleyville for this holiday-inspired interactive and fun experience, said Lakeview East Chamber of Commerce Executive Director Maureen Martino. Wrigleyville Wonderland is Chicagos largest holiday pop-up district that is sure to inspire and amaze all those experiencing it while sharing the holiday spirit.
Highlights of Wrigleyville Wonderland include:
The 2021 businesses*, in alphabetical order, making the season bright are:
The Country Club Christmas Club
3462 N. Clark StreetThrough February 1, 2022No Cover
Wrigleyvilles original Christmas pop up bar is back. Enjoy a classic Christmas party experience with themed food, drink, music and decor.
Deuces Santa Baby Christmas Bar
3505 N. Clark StreetThrough January, 202210 a.m. and 12 p.m.
You better watch out! Santa Baby Christmas Bar is back offering a multi-room, multi-level, over the top Christmas experience with brunch available on Saturday and Sundays at
Diver at the Park Santas Beach House
3475 N. Clark Street
Santas Beach House is here for its first Holiday season. Join Diver at the Park in their Tulum holiday inspired heated tent with their life sized palm trees decorated for a holiday on the beach. Get your Tulum holiday experience and cocktails in the heart of Wrigleyville.
Winter at Gallagher Way
3635 N. Clark StreetThrough February 20, 2022
Families, visitors and neighbors can celebrate the holidays by taking part in the many seasonal programs and activities at Gallaghers Way Winterland return This year includes the return of the famous Christkindlmarket Wrigleyville, ice skating on an 8,000-square-foot ice rink, curling and skating lessons, Santas Workshop, wreath making classes, holiday movie screenings, special programming at Hotel Zachary and much more. New to this years transformation includes a special celebration of Hanukkah, ice bumper cars, plus even more festive dcor around Gallagher Way.
The Graystone Tavern 8 Crazy Nights A Hanukkah Bar
3441 N. Sheffield Ave.Through January 2, 2022
Back by popular demand for its third year, Chicagos first and only Hanukkah-themed pop-up bar with decorations created for the Jewish holiday throughout the bar and weatherproofed beer garden, including over 14,000 blue and white lights and Hanukkah ball lanterns adorning the ceiling, Star of David and dreidel ornaments, lighted menorah decor, Mensch on a Bench, a Hanukkah sweater wall, an 8-foot inflatable dreidel and more. Throughout the pop-up, a special food menu, ranging in price from $5 to $16, will feature traditional and spins on Jewish favorites like Matzo Ball Soup and three flavors of Latkes including classic with sour cream and applesauce, cilantro jalapeno with chipotle sour cream and herb cheddar with chive sour cream. Board and card games will be available to guests nightly including Connect 4 with Hanukkah gelt, Cards Against Humanity Jew expansion pack, Mitzvah Match, Jewish Guess Who, Dreidel, Apples to Apples Jewish edition and Schmear Build-A-Bagel card game.
Houndstooth Saloon Griswolds
3369 N. Clark StreetThrough January 10, 2022
Inspired by the famous family and the hilarious movies, Houndstooth Saloon has menu selections including Yakkin on a bone, a two-lb turkey leg, Cousin Eddies spiked eggnog and Clarks Cocoa.
HVAC Pub The Christmas Pop UP
3530 N. Clark StreetThrough January 15, 2022
HVAC will be transformed into a winter wonderland featuring Christmas drinks, food and music.
The Irish Oak Leprechanunaka
3511 N. Clark StreetThrough January 31, 2022
Irish Oaks Leprechanuaka is a celebration of St Pattys day during Christmas, where everyday is St Pattys day at The Irish Oak. The bar is decorated from top to bottom in Irish and Christmas themes. So much green and Christmas cheer that you will never want to celebrate a different holiday again.
Wrigleyville Kilwins 25 days of Chocolate
3519 N. Clark StreetThrough December 31
Kilwins will offer caramel apples, hot chocolate and handmade chocolates perfect for gift giving for family, friends or yourself!
Lucky Dorr Lucky Lodge
1101 W. WavelandThrough December 31
Lucky Dorr, Chicagos favorite craft beer destination, will transform into Lucky Lodge. A festive Winterland destination with special dcor, the aroma of hot apple cider and rustic comfort galore.
Moes Cantina Whooville
3518 N. Clark Street
Moes becomes the celebrated holiday town of Whooville while offering a menu of shareable small plates, traditional full-size entrees, signature tacos and a cocktail list featuring house-made sangria, handmade margaritas, premium tequilas, and more.
Casey Morans Rudolphs Christmas Bar
3660 N. Clark StreetThrough December 30
From the creators of Santa Baby Christmas Bar with all the Christmas spirits you know and love at Santa Baby with all new interactive social experiences and an incredible decor. Rudolphs Christmas Bar will host a DIY Wreath Making Workshop November 30, December 7 and 14.
Mordecai Mistletoe
3632 N. Clark StreetThrough January 16, 2022Thursdays Saturdays, excluding Holidays through Dec. 30Reservations are Free
Mistletoe, Mordecais annual holiday pop-up bar, boasts naughty and nice decorations and an exclusive holiday-inspired drink menu, featuring both contemporary and vintage cocktails. Groups of 1-4 can reserve two hour blocks (4 p.m., 6 p.m. and 8 p.m. on Tock, Thursday-Saturday.
NOLA Bar & Kitchen A Very Cajun Christmas
3481 N. Clark StreetThrough January 20, 2022
Inspired by the legend of Papa Noel, its a Cajun Christmas Story. In a deep swampy bayou of Louisiana, Papa Noel rides the river in a boat thats pulled by alligators to send out presents. A very cajun Christmas offers unique New Orleans style Christmas decoration with classic cajun eats. Its a place to gather friends and families and let the good times roll. Laissez les bons temps rouler!
Old Crow Smokehouse Santas Workshop
3506 N. Clark Street
Wrigleyvilles award-winning barbecue from the kitchen of pitmaster and MasterChef Tony Scruggs is the home of Santas Workshop.
Rizzos Bar and Inn John Vincents Holiday Sing Along
3658 N. Clark StreetThrough December 30Every Thursday at 7 p.m. and Every Sunday at 5 p.m through Dec. 30
Local singing legend, John Vincent, will be performing some of the holiday hits from all of your old time lounge singer favorites like Frank Sinatra, Dean Martin and Louis Armstrong!
Roadhouse 66 Gas N Grill Jingle Junkie
3478 N. Clark StreetThrough January 8, 2022
Serving up holiday inspired bites and sips in an explosion of cheer, Jingle Junkie and its heated, ski lodge inspired patio is the most festive spot to celebrate your upcoming holiday season. With an extensive seasonal cocktail /beer list and delicious festive bites that are sure to get even the grinchiest Grinch into the holiday spirit.
Stretch Bar & Grill Elfd Up
3845 N. Clark StreetNo CoverThrough January 8, 2022
Back by popular demand for a third year, its a full-blown tribute to the beloved Christmas movie Elf, Elfd Up is a high-energy holiday pop-up bar, perfect for patrons who share Elfd Ups affinity for elf culture. A casual neighborhood Christmas bar, Elfd Up never charges a cover and treats patrons to complimentary fresh elf-shaped cookies nightly at 10 p.m.
Underground Lounge Island of Misfits Toys
952 W. Newport Ave.Through January 31, 2022
Underground Lounge welcomes you to the Pabst Island of Misfit Toys, to come hang out with Bumbles, Dolly, Hermey and others.
*Individual operating hours for each location vary from location to location. Some details may change from release date. Please check with the outlet for most up to date information.
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Wrigleyville Wonderland brings the holiday spirit to Chicago - ReelChicago
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Delhi this week: Enjoy Lucky Alis concert, participate in food talk – The Indian Express
Posted: at 5:34 am
As part of a multi-city tour, singer-songwriter Lucky Ali will be performing live in Delhi on December 12, 6 pm onwards. To take place at DLF Avenue Saket, the event will see the Indipop artist deliver some of his popular numbers, including O Sanam, Anjaani Rahon Mein and Ek Pal Ka Jeena, among others. Tickets are priced at Rs 2499 onwards.
On a Sacred Note
The sacred river of Ganga has been a subject of numerous tales. In the exhibition River of Faith, artist Jayasri Burman gives a visual form to some of these. To open on December 11 at Bikaner House, speaking about the exhibition, Burman says, If I could paint sound, I would try and capture the mystical notes of the Ganga. But how does one express the many facets of the mighty river its tranquility, wilderness, movement and immortality. Ganga is how I attempt to compose the balance between its fluidity and the rootedness of faith it evokes. Over 2020 and 2021s pandemic gloom, I have witnessed the abuse faced by Ganga on multiple occasions. Through my work I wish to spread the message that its a circle we all inhabit, and only if we nurture nature and not make her suffer, will humanity be able to live harmoniously.
Food Talk
The Indian Food Innovation Exhibition, organised by SIAL India, will take place from December 9 to 11 at Pragati Maidan. Also a forum for discussions, the event sees participation from across the world and includes products, equipment as well as eatables and beverages.
Between the Real and the Unreal
In her exhibition Kingdom of Cards artist Piyali Sadhukhan urges the audience to question the fantastical realities of our times. Taking place at Akar Prakar gallery, a note on the show describes it as a visceral portrayal of historical events and our shared lived experiences. While the titular work borrows from Rabindranath Tagores 1933 play of the same name to highlight the ramifications of blind faith in our gods and leaders, in another diptych titled Guardians of Honour, Sadhukhan reflects on the duplexity of such guardians or protectors that end up becoming their prisoners.
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Delhi this week: Enjoy Lucky Alis concert, participate in food talk - The Indian Express
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A Lifes Work Bearing Witness to Humanitys Impact on the Planet – InsideClimate News
Posted: at 5:34 am
For many travelers at Denver International Airport, seeing James Balogs Extreme Ice Surveytimelapses constructed from hundreds of photos of glaciers retreating around the world, which ran for years on screens in the airports terminalshighlighted a contradiction. Viewers could watch the rivers of ice that are critical to the Earths ability to support life vanish before their eyes on their way to and from flights that are one of the drivers of the warming melting the glaciers.
Balogs photography has always inspired cognitive dissonancethe mental and emotional discomfort that comes with holding conflicting beliefs and attitudes. Learning that the photographer who has for decades documented the impacts of the warming climate, from Hurricane Katrina to California wildfires, descended from a family of Pennsylvania coal miners can inspire such dissonance. So can learning that the man who made iconic photos of species endangered by human actions grew up hunting.
Such contradictions arent so much questions that arise from Balogs photography and writing, but what have driven him to create them. Long before anthropocene was proposed as a term to explain the geologic age in which humans are the most defining force of the planet, he was documenting what the word described for National Geographic, Time, the New York Times Magazine and many other publications. The Earth Vision Institute he founded allowed for the type of long-term focus that a new geologic era would require. The documentaries Chasing Ice and The Human Element took his big ideas to the big screen.
Now, Balogs hefty new book, The Human Element: A Time Capsule From the Anthropocene, presents an anthology of his words and pictures from a lifetime of bearing witness to human impacts on the planet. Inside Climate News excerpt from the book includes an essay, Carbon Inheritance, and, of course, a selection of his iconic photographs.
Michael Kodas, senior editor
By James Balog
Do any of us really have a right to be angry or frustrated about the climate- and-energy crisis without considering how we ourselves have contributed to it? Honestly? Truly? With eyes wide open? I dont think so. We all play a role in producing the problem. No one inhabits a righteous, pure-and-holy aerie above the human condition. Not me, not you, not anybody.
We all drive our chariots of carbon fire. We all rely on carbon fuels to produce our clothing, food supply, lighting, the thermal comfort in our houses, and much more. Do other ties bind you to fossil fuels? Investments, perhaps? Is your comfort and prosperity today derived from a family history linked to oil or coal? Or, to take a broader view of environmental abuse, logging, commercial fishing, industrial farming, or rapacious real estate schemes?
Since such ties weave through many of our lives, allow me to make a sheepish confession: my own familys history is shackled to coal mining. My great-grandfather on my mothers side and my grandfather on my fathers side both mined coal in Pennsylvania. Most of that state is as bucolic and charming as any place ever sculpted by agrarian hands. Yet where mines gnaw at the black seams, the landscape is grim and grimy. Inside those lithic mausoleums, workers metamorphosed the way shale turns to schist. My progenitors would have been ruddy-faced farmers back in their European homelands, but instead turned into hunched-over gnomes, coated in coal dust, half deaf from the roar of machinery, inhaling particles of primor-dial Gondwanaland with one gritty breath after another. To the industrial volcanoes of Pittsburgh, up chimneys of snug homes in Philadelphia and New York, the coal they dug sent the energy of ancient suns floating up to cumulus skies.
I can still picture Thomas, my great-grandfather, sitting hour after hour, as motionless as Mount Rushmore, on a musty, striped corduroy chair by the parlor window of his house. He looked 1,000 years old. Savage labor in the anthracite seams had broken his body. Coal dust fouled those little pockets in his lungs where red blood should have been gleefully slurping up oxygen. Was he in pursuit of doing what you love, as we say in the jargon of our self-indulgent times? No. He needed cash to support his family and was willing to trade away his existence for it; every shovelful of black carbon was an expression of his hope in a dream called America.
Then theres my fathers father, Michael. On October 23, 1946, in Vintondale, Pennsylvania, he and a dozen other miners rode a narrow-gauge railroad into Mine Number 6. In the eternal darkness of geology, their little train thundered along a four-foot-thick seam of bituminous coal. The men lay down in the open-topped coal cars so that 220-volt DC current, coursing through bare copper wire strung on the ceiling of the tunnel inches above their heads, couldnt electrocute them. Miles under the mountains (six or seven, according to my father), the train stopped at a wall of coalthe face, in miners jargon.
Hour upon grueling hour, my grandfather, with hands the size of bear paws and calloused to shoe leather, pried burnable rock from the soul of the Earth. He looked up at the tan stone ceiling. Lit by the harsh carbide beam on his helmet, the roof over his head looked exactly the same as all the other ones of the past 40 years. But on it the hieroglyphs of his fate were written. A rock slab the size of a dining room table spalled off the ceiling and nicked his temple. Within his skull a purple contusion exploded. Minutes later, Michael Balog, age 62, was dead. He returned to daylight, laying under a white shroud, on the clanking catafalque of the mine train. His sonmy father, then 18 years oldrushed home from college. Two days later, he and his family buried their patriarch in a bird-twittering forest a mile upvalley from the mine.
Mountains of sulfur-stinking clinker, a waste rock he and the other miners blasted from within the mountains, will stand forever. The tools of their punishing labor rust to rubble in tranquil Appalachian valleys. So too shall the obstreperous machines of our oil age someday go to rust, leaving nothing but red-brown stains in the sand. Someday.
To the memory of Michael and Thomasand let me not forget their wives, Helen and Anna, respectively, who did their own share of knuckle-bruising work to feed and clothe their familiesI offer thanks for the misery endured. But the wheel of generational destiny turns. How ironic, how mysterious, how improbable it is that fate pushes me, grandson of those miners, into prying up questions about Earth matter; digging not with shovel and dynamite, but with pictures and words; digging not to extract coal, but to end the extraction of coal. To speak and live a different truth from theirs is a task I can no more avoid than they could avoid the coal seams.
Four-and-a-half billion years of Earth history.
Four million years of hominid history leading to Homo sapiens.
Four hundred generations of agricultural history.
Yet only in our 50-year sliver of time do we comprehend what human minds never did before: burning the fossil residue of ancient life poisons our bodies and our world. People of the past never knew this. They did what was necessary in the harsh light of their moment. By the standards of today we cannot judge them.
The urgent task now is to look in our own mirror. Will we shoulder the burdens of the present time with noble determination the way our ancestors did? Are we morally and ethically and intellectually lucid enough to respond in full measure to the knowledge we have about the negative consequences of carbon fuels?
Prospects for the future are muddled. Visionariesinventors and engineers, countries and communities, political and corporate leaders, and, of course, individualsare making genuine progress toward decarbonizing the future. New technologies are bursting with possibility. The availability and quality of electric vehicles rapidly increases. Renewable energy companies are booming, old-line fossil fuel companies are contracting; Royal Dutch Shell has declared that its peak oil-producing years have passed. Government policy shifts. These favorable trends have gone on for years, slowing down under some governments, speeding up under others.
The net effect? Progress toward reducing the amount of junk we put in the atmosphere remains agonizingly slow. Too many fine intentions dangle on moonbeams of promises that never seem to reach fruition, slain by the forces of commerce, government policy, and human behavior. Most transportation still depends on spewing fossil fuel exhaust. Food production still generates vast amounts of carbon. Avaricious abuse of tropical forests still continues. Politics can still be shortsighted, greedy, or corruptand in the American system, entrenched interests are brutally effective at pouring burning oil down from their castle ramparts on those who would dare challenge their dictatorship.
Since we already know what technological solutions will protect the air, the climate, and our health, I see the reduction of carbon output primarily as an issue of power politics, sociology, and psychology. The weight of persistent behavior and long-standing technology blocks imagination. Ideology distorts reason. In America, too many, including some presidents, have hijacked the Founders original ideas of freedom and perverted them into a malignant, anti-social stew. No one has ever been independent to the degree the fanatics claim. We all live in communities of some form or another. No rational human being would imagine we should have so much freedom of speech that we have a right to shout fire in a crowded theater; nor does divine decree give one part of the population a right to rob other people of a clean, healthy, and secure environment. The ideology of freedom has turned into a cancer so malignant that what should have been a massive, united response to systemic hazards like climate change and the COVID pandemic has instead become a Babel of snarling dissent.
History has a malevolent way of repeating itself. Consider this thought from 1918, written by Winston Churchill:
The resources are available, the knowledge is available, the time is available, the result is certain; nothing is lacking except the will. We have never been able to get out of the rut of traditional and conventional methods. We have never been able to plan on a sufficiently large scale, long enough in advance, and with the necessary force and authority to drive the policy through.
Churchill was writing as the convulsion of World War I slaughtered millions of people, and was describing how exasperated he was with government policy that paralyzed technological progress. Take his exact words. Sling them forward a century, to our time. They express the same muleheaded obstinance constraining our current efforts to stop the convulsions of a changing climate. When we cant learn from history, we are doomed to repeat it.
Now, early in 2021, with my thoughts and images just days away from being trapped in ink once and for all, a flock of encouraging new policy intentions soars in on the wind. Will these notions acquire the force of enduring law? Quickly? I can only hope so. Otherwise, people of the future will find that greed and corrosive ideology have once again defeated shining ideals. I earnestly hope and pray for the best. Implacable willpower and fierce devotion to natures truth must win the day.
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A Lifes Work Bearing Witness to Humanitys Impact on the Planet - InsideClimate News
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Follow in The Beatles’ Footsteps with ‘Fab Four Cities’ Travel Guide – Capitol File
Posted: at 5:34 am
Paul McCartney, John Lennon, George Harrison and Ringo Starr. Pretty much everyone knows those guys. Having formed in 1960, their band The Beatles became the best-selling musical group of artists of all time, changing the way popular music was recorded, conceived of, presented and celebrated for decades to come.
Fans across generations still clamor for new Beatles content. Thats why the recent Disney+ documentary The Beatles: Get Back is such a runaway hit. Now, a new book takes a close look at cities that helped shape the bands sound, and it invites you to come along on the journey.
See also: JAY-Z, Tina Turner, Carole King, The Foo Fighters & More Inducted Into the Rock and Roll Hall of Fame
The Beatles: Fab Four Cities, published by ACC Art Books, is a newly-released travel guide that explores four cities that defined The Beatles as a band.
John Lennon once said, We were born in Liverpool, but we grew up in Hamburg, and authors David Bedford, Susan Ryan, Richard Porter and Simon Weitzman continue that phrase, saying The Beatles were born in Liverpool, grew up in Hamburg, reached maturity in London, and immortality in New York.
The journey starts at The Beatles humble beginnings when the foursome just started to make music in the maritime city of its birth, and travels through the rock outfits colorful evolution to becoming one of the biggest and most influential bands of all time.
Follow the bands timeline with never-before-seen pictures and fresh trivia thatll surprise any Beatlemaniac.
It amazes me that, after all these years and countless books, the scope of subject matter on The Beatles is so amazingly large that writers always find a new angle, says fellow 60s Brit pop singer Billy J. Kramer. This book does that in a very unique and clever way. Its a must for every Beatles fan.
Part biography and part map to the stars, The Beatles: Fab Four Cities is your Ticket to Ride and walk in the footsteps of John, Paul, George and Ringo. Its the next best thing to actually driving their car. Learn more about the new book and grab a copy from ACC Art Books website.
Photography by: Courtesy of ACC Art Books
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Follow in The Beatles' Footsteps with 'Fab Four Cities' Travel Guide - Capitol File
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Clarence Thomas: "What Specifically Is The Right" To Abortion In The Constitution? Where Is It Written? – RealClearPolitics
Posted: at 5:33 am
Supreme Court Justice Clarence Thomas asked U.S. Solicitor General Elizabeth Prelogar during arguments Wednesday on a new Mississippi abortion restriction where in the Constitution does she find the right to abortion.
"If we were talking about the Second Amendment, I know what we're talking about. Because it's written, it's there. What specifically is the right here [to abortion] that we're talking about?" he asked.
Related Video: Sotomayor In Abortion Case: Will The Institution Of The Supreme Court "Survive" If The Public Believes It Is All Political?
SOLICITOR GENERAL ELIZABETH PRELOGAR: The right is grounded in the liberty component of the 14th Amendment, Justice Thomas. But I think it promotes interests in autonomy, bodily integrity, liberty, and equality. I think it is specifically the right to abortion here, the right of a woman to be able to control without the state forcing her to continue a pregnancy whether to carry that baby to term.
THOMAS: I understand we are talking about abortion here.
But what is confusing is that we -- if we were talking about the Second Amendment, I know exactly what we are talking about. If we're talking about the Fourth Amendment, I know what we're talking about because it's written. It is there. What specifically is the right here that we are talking about?
PRELOGAR: Well, Justice Thomas, I think that the court in those other contexts, with respect to those other amendments, has had to articulate what the text means and the bounds of the Constitutional guarantees. And it has done so through a variety of different tests that implement First Amendment rights, Second Amendment rights, and Fourth Amendment rights.
I don't think there is anything unprecedented or anomalous about the right that the court articulated in Roe and Casey, and the way it implemented that right by defining the scope of the liberty interest by reference to viability and providing that's the moment when the balance of interest tips and when the state can act to prohibit a woman from getting an abortion, based on its interest in protecting fetal life.
THOMAS: So the right, specifically, is abortion.
PRELOGAR: The right of a woman, prior to viability, to control whether to continue with a pregnancy, yes.
THOMAS: Thank you.
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Ohio Supreme Court: Seizing suspect’s clothing at hospital illegal, but did not affect conviction – The Highland County Press
Posted: at 5:33 am
A police officers seizure of socks and underwear from a hospital room violated the constitutional rights of a teenage boy accused of killing his elderly neighbor, but excluding theevidencefrom the clothes would not have changed the outcome of the criminal proceedings, the Ohio Supreme Court ruled recently.
A Supreme Court majority affirmed the convictions of J.L., who was 15 when hepleadedno contestto multiplechargesarising from a March 2015 incident, which culminated in the murder of a 94-year-old in her Niles home. J.L. wassentencedto life imprisonment without the possibility ofparolefor aggravated murder, along with an additional 30 years inprisonon othercounts.
The Court unanimously concluded that a Trumbull County Common Pleas Court incorrectly denied J.L.s request tosuppresstheevidenceobtained from the clothes he wore when taken to a hospital after his mother discovered blood on him. However, the justices were divided 4-3 on whether the error had a substantial impact on J.L.s decision to plead no contest.
Writing for the Courtmajority, Justice Patrick F. Fischer noted the police collected evidence of the victims DNA from J.L.s body and other clothes located at his home. Because any evidence from the socks and underwear would have been duplicative of what theprosecutionalready obtained, thetrial courtsdecision to allow the illegally seized evidence was harmless error, Justice Fischer wrote.
Chief Justice Maureen OConnor and Justices Sharon L. Kennedy and R. Patrick DeWine joined Justice Fischers opinion.
In a partiallyconcurringanddissenting opinion, Justice Michael P. Donnelly agreed with the majority that the socks and underwear evidence taken from the hospital was inadmissible, but found there was no basis to conclude that the trial courts failure to suppress that evidence did not contribute to or have a material effect on J.L.s decision to plead no contest. He argued the Court should haveremandedthe case to the trial court for further proceedings.
Justices Melody J. Stewart and Jennifer Brunner joined Justice Donnellys opinion.
When J.L. arrived home in the late afternoon, his mother discovered blood on him. Believing her son had been assaulted, she called the Niles Police Department. Niles Police Officer Todd Mobley arrived at the home and found J.L., who appeared intoxicated, wearing only socks and underwear, and repeatedly saying statements such as theyre going to kill me for this. Mobley, who noted J.L. had blood on him but no visible injuries, arranged to transport the teen to the hospital.
As an ambulance departed with J.L., Mobley was directed to a home across an alley from J.L.s and met the victims daughter. Two detectives joined Mobley and the officers discovered blood everywhere and the victims body in a bedroom.
Niles Officer Michael Biddlestone was instructed to secure J.L. as a suspect in the victims death. Biddlestone handcuffed J.L. to his hospital bed. Hospital staff removed J.L.s socks and underwear. A nurse advised the officer that there was blood on J.L.s groin and that the nurse wiped his groin clean with a washcloth.
Biddlestone obtained the socks, underwear and washcloth from the hospital room. A detective who searched the victims home obtained a searchwarrantthat allowed for a swab of J.L.s cheeks, penis and hands for DNA evidence. Hospital personnel obtained fingernail scrapings from J.L. and provided them to the detective.
J.L. was charged in juvenile court withdelinquencycounts related to the victims death. The juvenile court granted the Trumbull County prosecuting attorneys request to transfer the case to adult court. J.L. then was charged with multiple counts, including aggravated murder, aggravated robbery and attempted rape.
J.L.filedamotionto suppress evidence taken from the hospital room, including the socks and underwear, the washcloth and the fingernail scrapings. The trial court denied the motion.
J.L. pleaded no contest to all the charges. Along with his prison sentence, he was also classified as a Tier III sex offender.
J.L.appealedhisconvictionand sentence to the Eleventh District Court of Appeals, whichaffirmedthe trial courts suppression rulings. J.L. appealed the decision to the Supreme Court, which agreed to consider his argument that the personal items seized from the hospital room without his consent and without a warrant violated his rights under the Fourth Amendment to the U.S. Constitution.
The Fourth Amendment protects people against unreasonable searches and seizures, Justice Fischer explained, and the evidence collected at the hospital fell into three distinct categories for the Court to determine if the seizures were constitutional.
The Court first examined the washcloth, which J.L. claimed that along with his clothing was his personal property and that he had an expectation of privacy in it. Theprosecutormaintained the washcloth was hospital property, arguing that J.L. had no privacy interest in the washcloth because J.L. had no injuries. The blood wiped from his body with the washcloth was not his blood, but rather the victims, the prosecutor argued. Because police had a warrant to swab his penis, the police would have inevitably discovered the victims blood from the same area of J.L.s body as that which was removed by the washcloth, the prosecutor asserted, meaning it would have been admissible.
Because the penile swabs revealed the victims DNA, the Court affirmed the decision to allow the washcloth seizure.
J.L. also challenged the fingernail scrapings, arguing the warrant allowed for the swabbing of his hands, but did not specifically mention or authorize taking fingernail scrapings. Citing U.S. Supreme Court decisions, the opinion stated that the purpose of a search warrant prevents general searches that allow for wide-ranging exploratory searches. In this case, the warrant did not authorize an open-ended search but only allowed for three specific areas of J.L.s body to be searched, including his hands.
Because the fingernails are part of an area specified in the search warrant, the Court permitted the search and seizure of J.L.s fingernails.
The prosecution maintained that it did not seize J.L.s socks and underwear because it was the hospital staff that took them from J.L.. Once removed, J.L. had no expectation of privacy in the clothing, the state maintained.
J.L. argued that when the hospital took his clothing, the hospital was merely holding his property and had no right to possess them or give them to anyone else. The Court agreed that it was the police, not the hospital, that seized the clothing. It concluded that the prosecution had failed to establish that any exception to the search-warrant requirement applied to the seizure of the clothing.
Because some of the evidence J.L. challenged should have been suppressed, the Court stated it had to determine whether the trial courts ruling wasreversibleerror. The opinion noted that a limited number of prior cases address the situation of determining the significance of an error that occurs at a suppressionhearing, which takes place before atrialbegins, and the impact that error has on leading adefendantto plead no contest.
Among the decisions the Court cited was the U.S. Sixth Circuit Court of AppealsUnited States v. Leake(1996) decision. While the federal courts do not have an explicit test to determine harmless error, the Sixth Circuit stated a court must inquire into the degree of success and probability that the excluded evidence would have had a material effect on the defendants decision to plead guilty.
The opinion noted that courts often do not have a full picture of the evidence at the suppression hearing stage, and it is difficult to determine at that time whether excluding the evidence would change the defendants decision to plead no contest. The opinion stated it might be the rare case in which denying a motion to suppress would be considered harmless error.
The Court noted the states Bureau of Criminal Investigation prepared a report that was introduced during the suppression hearing, which contained no test results from J.L.s socks. The report found the victims blood on J.L.s shirt and shoes. A bloodstain from his underwear did contain the victims DNA, but that evidence is duplicative of the DNA evidence that was lawfully obtained from a swab of J.L.s penis.
Because the washcloth and fingernail evidence were obtained legally, and along with the other evidence the police collected, suppressing the evidence from the clothes would not have had a material effect on J.L.s decision to plead no contest, the Court majority concluded.
In his partially dissenting opinion, Justice Donnelly described the majoritys harmful-error analysis as woefully ill-considered and wholly disruptive to the right to appeal certain pretrial rulings following a no-contest plea and fundamentally incompatible with J.L.s right to due process of the law. The dissenting opinion stated the problem is that no evidence of a J.L.s guilt had beenadmittedinto the caserecordat this early stage of the proceedings.
The dissent maintained that at the suppression hearing stage, the trial court only knew the evidence the prosecutor stated it would present if the case proceeded to trial, and the state clearly intended to use the socks and underwear. Justice Donnelly stated he could not see how the majority can fairly say J.L.s decision was unaffected by the trial courts ruling, and that the majority should not usurp J.L.s right to decide for himself whether he would change his no-contest plea had the evidence been suppressed.
Justice Donnelly further stated that the majoritys application of the harmless-error rule practically defeats the reason for pleading no contest, which is to obtain appellate review over a select category of pretrial rulings implicating constitutional rights. From now on, a defendant who enters a no-contest plea to contest an erroneous trial court evidentiary ruling can be stuck with the no-contest plea even after showing that the trial court ruling that induced the no-contest plea was constitutional error.
The dissent stated criminal defendants must now understand that they may lose their cases even if they demonstrate the evidence should have been suppressed. The practical consequences of the decision may be fewer no-contest pleas, more criminal trials, and irreparable damage to the vindication of constitutional rights, the dissent concluded.
Suppressing the clothing taken from the hospital would not give J.L. a free pass, the dissent stated, but both J.L. and the prosecutor deserve the opportunity to reassess their respective positions with a clear understanding of the evidence that may or may not be used at trial, the dissent concluded.
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Ohio Supreme Court: Seizing suspect's clothing at hospital illegal, but did not affect conviction - The Highland County Press
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Justice Sotomayor Calls Out Fifth Circuits Highly Questionable Reversal in Qualified Immunity Case of Man Kicked and Punched by Louisiana Cops – Law…
Posted: at 5:33 am
Supreme Court Justice Sonia Sotomayor made a statement respecting the denial of certiorari on Monday in a qualified immunity case where Louisiana police officers repeatedly kicked and punched a man while he was lying on the ground.
In the case stylized as Tucker v. City of Shreveport, the plaintiff, Gregory Tucker, was originally pulled over for two minor traffic violationsbroken brake and license plate lights.
Without physically resisting arrest, Tucker was violently pulled to the ground, causing his face to bleed as it smacked against the concrete. He suffered numerous injuries as a result.
After that, and still in police custody, the flailing plaintiff was repeatedly punched and kicked, ostensibly in order to gain control of his hands and complete the arrest, according to the U.S. District Court for the Western District of Louisiana, which ruled partially in Tuckers favordenying qualified immunity claims raised by Shreveport Police Department Officers Chandler Cisco, William McIntire, Yondarius Johnson and Tyler Kolb as well as the city itself.
The misdemeanor and traffic violations of which he was suspected did not of themselves warrant a particularly high degree of force, Magistrate Judge Elizabeth Erny Foote wrote. Once he landed on the ground, four officers surrounded him and were able to handcuff him in less than a minute; the fact that there were four officers and that Tucker was on the ground where he had less room to maneuver suggests a reduced threat to officer safety.
The district courts fact assessment goes on to note that the officers each punched Tucker at least once, and McIntire kicked him at least three times as Tucker was kicking his legs while on the ground and was not laying still in order to allow himself to be handcuffed.
Ultimately, Judge Foote determined the officers actions were unreasonable violations of the Fourth Amendment and that they were not entitled to qualified immunity because Circuit precedent forbids slamming a non-violent suspect to the ground and because the force employed by the officers clashed with clearly established principle that officers cannot strike a subdued and restrained suspect.
The court noted, in summary:
It is undisputed that as a result of Defendant Officers actions, Tucker cut his forehead and strained his left shoulder. While these injuries are unlikely to be sufficiently severe if the takedown and subsequent blows were reasonable, if the police maneuvers selected were unreasonable, then these injuries may be of constitutional significance. Moreover, one can clearly hear on the video a change in the tone of Tuckers voice; the sound is that of a man in significant pain. Tucker has also testified that he had a black eye for several days after theincident, a headache, and a sprung knee. More significantly, he has testified to psychological damage, including extreme fear of the police that affects his ability to navigate the world. Because the Court must make inferences in Tuckers favor on summary judgment, the Court finds that he has established a constitutional injury.
In a 28-page ruling, the conservative U.S. Court of Appeals for the Fifth Circuit overruled the district courtwithout disagreeing about any of the facts.
It is only with respect to the legal significance of those facts where we ultimately part ways with the district court, George W. Bush-appointed Circuit Judge Kurt D. Engelhardt wrote for the two-judge panel majority.
Considering the record in this manner, we find the district court erred in concluding that the conduct of Officers McIntire and Ciscoin taking Tucker to the groundwas objectively unreasonable in light of pertinent clearly established law in November 2016, the judge wrote in rejecting the lower courts application of precedent because some of them came after the December 1, 2016 date of the incident.
Additionally, Engelhardt rejected the lower courts understanding because none of those prior cases, squarely govern the particular facts at issue in Tuckers dispute.
On these facts, given Tuckers refusal to comply with their verbal directives to put his hands behind his back and quit moving, it would not have been evident to Defendant Officers, based on clearly established law, that they were not entitled to use heightened force in order to gain control of Tuckers hands and place him in handcuffs, the appeals court found, summing up its own analysis of the facts.
In dissent, Barack Obama-appointed Circuit Judge Stephen A. Higginson sharply and tersely disagreedcharacterizing the incident much differently and in line with the detailed findings of the district court that took Tuckers claims at face value, as the law typically demands in summary judgment opinions.
Video footage of the incident confirms the violent takedown and Defendant Officers use of repeated strikes and kicks against Tucker while he was on the ground, the dissent argues. Tucker asserts that, immediately prior to the takedown, he was putting his hands behind his back in compliance with Officer Ciscos order and did not pull away from Officers Cisco and McIntire prior to being taken to the ground. The footage does not blatantly contradict his account.
Higginson also faulted his colleagues for their application and understanding of the Fifth Circuits precedent:
The law is clearly established that the use of violent physical force againstnot to mention the extreme violence of kickingan arrestee who is not actively resisting arrest is a constitutional violation. It may be that the Defendant Officers will nonetheless prove entitled to qualified immunity for the extreme force they used against Tucker from start to finish. But, as the district court found, a jury must first resolve the factual uncertainty as to whether Defendant Officers had justification and urgency to throw Tucker down and repeatedly strike and kick him.
I regret not having persuaded the majority, the dissent continuesbefore commenting on the political salience of the case. I hope, however, our disagreement highlights the importance of recent attention given to the issue of qualified immunity and violent police-citizen encounters.
In her own terse statement, Justice Sotomayor fully endorsed Higginsons dissent.
While this case does not meet our traditional criteria for certiorari, I write to note that the Fifth Circuits reversal of the District Courts detailed order denying qualified immunity appears highly questionable for the reasons set forth by Judge Higginsons thorough dissenting opinion, Sotomayor concluded.
[image via Leigh Vogel/Getty Images]
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UFC fighter outs himself as a polygamist with two wives and six children – Bloody Elbow
Posted: at 5:33 am
It is not every day that a UFC fighter outs himself as a polygamist.
During a recent interview with the Let Me Interrupt You YouTube channel, Zhalgas Zhumagulov revealed that he is currently married to two different women.
Yes, I have two wivestwo wives and six children, Zhumagulov said.
Polygamy is the practice of having more than one spouse at the same time. Polygyny is when a man is married to multiple wives at a time, and polyandry refers to when a woman is married to multiple husbands. Some societies tolerate or encourage the practice, while others have outlawed it. In some cases, religious views factor into the decision, with Roman Catholics condemning polygamy, while Islam allows men to take up to four concurrent wives.
In the United States, the Church of Jesus Christ of Latter-day Saints Mormons practiced polygamy from 1847 to 1857. The U.S. government made polygamy illegal in response to the LDS Church, and it remains unlawful across all 50 states.
Though polygamy is technically illegal in Kazakhstan since the Soviet authorities banned it a century ago, the practice has been decriminalized since 1998 and is widely accepted among elites and powerful politicians. And while there are no official statistics on how widespread polygamy is in Kazakhstan, one unofficial poll suggested that nearly 40 percent of males were in favor of polygamy.
When asked whether it was difficult to live with two wives, the 33-year-old flyweight noted that he has gotten used to it.
In principle, its normal. At first there were challenges but now everything is fine.
After losing his first two UFC fights, Zhumagulov earned an elusive victory in June when he defeated fellow flyweight Jerome Rivera by submission in the opening round. Asked about the fight during the interview, Zhumagulov noted that he has a strategy when considering which of his wives to return to after the fight.
Well, where did I leave from? If I left, for example, from my second wife, I go to the first. If I left the first, I go to the second. A day here, a day there.
Zhumagulov was knocked out by Manel Kape over the weekend at UFC Vegas 44.
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UFC fighter outs himself as a polygamist with two wives and six children - Bloody Elbow
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This 1933 profile of Agnes Macphail captures how the first woman MP was perceived – Macleans.ca
Posted: at 5:33 am
This article was published on June 15, 1933. Read the story in the Macleans archive.
One hundred years ago, on Dec. 6, 1921, Agnes Macphail became the first woman elected to the House of Commons. This wry Macleans profile, written by Charles Vining under the pseudonym of R.T.L., gives a glimpse of how she was perceived a dozen years into her political career.
Miss Agnes Macphail was born in a log cabin, but has not yet become Prime Minister.
She spent the first fourteen years of her life on a farm in Grey County, Ontario, and looks back upon that period as being almost as bad as her last twelve years in Ottawa.
Her opinion of Parliament is that a great deal of trouble and expense could be eliminated by letting most of the Members stay at home and merely supply Ottawa with rubber stamps of their signatures.
She is a Latter Day Saint, a C. C. F., an inflationist, a free-trader, a central banker, an anti-militarist, and has often said so.
She would probably be a Liberal if the Liberal party were not so conservative.
She found it necessary to define her Latter Day Saintship when she first went to Ottawa because it had been rumored erroneously that she believed in polygamy. It is now well established that she is sceptical of matrimony even in its simplest form.
She disposes of past romances by declaring that no woman with any pep reaches the age of thirty without having had proposals of marriage.
She is forty-odd years old now, and doesnt care who knows it.
When she was nineteen she secured a position as school-teacher at Kinloss, Ontario. She has admitted that she used to dance all night whenever she got the chance, although she does not enlarge on this to Mr. Woodsworth.
After that she became ill for a year and moved out to a school in Alberta, where she acquired a supply of fresh air and new ideas.
***
She brought these back east to another school at Sharon, a community not far from Toronto and chiefly inhabited at that time by political economists known as United Farmers of Ontario.
She completely recovered her health in this atmosphere, attracted attention by being rude to the Drayton Tariff Commission in 1920, and got her start in politics by writing a letter to the editor of the Farmers Sun, who has never completely recovered from the shock.
She won her first election in 1921 by a personal expenditure of $200 and a series of sharp remarks.
The election later proved to be expensive, however, as she felt obliged to return $6,000 of her Parliamentary indemnity during the next four years in order to keep a campaign promise.
She prides herself on always saying what she thinks, but occasionally has overlooked the importance of thinking what she says.
She barely squeezed through with a majority of 243 in the last election, but expects to have no trouble at all in the next one.
She describes the depression as a transition from one economic era to another, but has not yet disclosed how long the interval will last.
Among her major difficulties are keeping quiet, getting homesick, and having to listen to professional politicians.
She is suspicious of people who are nice to her, and dangerous to people who arent.
She says that C. C. F. means Come Comrades, Forward; which indicates that she had better let somebody else give the party its campaign slogan.
She would rather make an epigram than be right, and sometimes she has.
In her first few years of Parliament she was described by one of the more cultured members as an ignorant little schoolteacher, and by Mr. Hector Charlesworth as pert, shallow and misinformed.
***
Since those days she has been Canadian delegate to the League of Nations and a member of the Leagues Disarmament Commission, and is now in danger of becoming a person of national importance.
She once said that Toronto has an odd mentalitya statement remarkable only for its extreme restraint.
Two of her early ambitions were to serve her constituents and to learn French, the latter being an aspiration once cherished by Senator Meighen, who now best understands the kind of French that Mr. Bennett speaks.
She has discovered that the House of Commons is one of the nicest clubs in the country, and that much of the business of government is conducted in the Chteau Laurier.
If she had her way she would abolish the Senate, except perhaps the Right Honorable George P. Graham.
She once danced with Mr. Henry Ford, at Dearborn, Michigan, and subsequently described him as being somewhat like Mr. Vincent Massey, a comparison which fails to make clear which gentleman, if either, she intended to compliment.
The family name is MacPhail but she spells it Macphail. which once led an undiscerning critic to suggest that it should be Macphailure.
She has never been afraid of anyone, and sometimes would rather like to be.
She has not yet learned that a politician should never write a letter dealing with any subject except the weather, but of course she is not a politician except at election time.
She believes that newspapers, except the Farmers Sun, are in some sort of capitalistic conspiracy to start another war, and she intends to stop it.
She has blue eyes, black hair and a sharp temper.
If one half the members of the House of Commons had one half her rectitude and moral courage, the others would not matter so much.
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This 1933 profile of Agnes Macphail captures how the first woman MP was perceived - Macleans.ca
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Geneticists Have Reduced Use of the Term ‘Race’ in Papers – Medscape
Posted: at 5:33 am
A decline in the use of the word "race" in papers on human genetics reflects a growing understanding of race as a social construct. But other trends may point to ongoing uncertainty about how to discuss different populations.
What to know:
Human geneticists have moved away from using the word "race" to describe populations, a study recently published in The American Journal of Human Genetics (AJHG) shows.
Researchers examined the text of all 11,635 articles published between 1949 and 2018 by the AJHG. While the word "race" appeared in 22% of papers in the first 10 years of the paper's publication, it was used in just 5% of papers in the last 10 years.
This decline points to the current understanding in science of race as a social construct and a desire to move away from past research that erroneously conflated genetics with racial categories, according to lead author Vence Bonham, JD, the acting deputy director of the National Human Genome Research Institute.
The study also found that the alternative and sometimes more ambiguous terms "ethnicity" and "ancestry" have increased over time, which may suggest that geneticists are still struggling to find terms to accurately describe populations.
A The National Academies of Science, Engineering, and Medicine has recently formed a committee to produce a consensus report on the use of the word "race" and other terms descriptive of populations in health disparities research.
This is a summary of the article "Human geneticists curb use of the term 'race' in their papers" published by Science on December 2. The full article can be found on science.org.
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Geneticists Have Reduced Use of the Term 'Race' in Papers - Medscape
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