Giovanna Shay (Western New England University School of Law) has posted The New State Post-Conviction (Akron Law Review, Vol. 46, pp. 473-488, 2013) on SSRN. Here is the abstract: This article examines two 2011 Supreme Court cases – Maples versus...
Shay on State Post-Conviction Proceedings
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Defendant's own admission in his state court nolo plea established his conviction was a crime of violence
Diaz Calderone, the defendant was convicted and sentenced for being found in the United States after having been deported. The issue here is whether a prior Florida aggravated battery conviction should be classified as a "crime of violence" under the sentencing guidelines to warrant a sentence enhancement. The 11th Circuit found it was, and in this appeal the defendant challenged the district court's application of the "modified categorical" approach in determining that Diaz Calderone's prior was a crime of violence.
The defendant's aggravated battery conviction, he was specifically charged with the battery on a pregnant victim whom the perpetrator knew or should have known was pregnant. Under the Florida statute for battery, an aggravated battery upon a pregnant woman need not be violent and can be committed merely by intentional touching the pregnant victim against her will by committing a simple battery. Simple battery occurs when a person intentionally touches or strikes another person against their will, or intentionally causes bodily harm to another person. Therefore under Florida law, aggravated battery upon a pregnant woman can be accomplished by: 1) intentional touching, including slight contact; 2) striking; or 3) intentionally causing bodily harm. The 11th Circuit determined that a conviction for aggravated battery on a pregnant woman is not a categorical crime of violence because the slightest contact could be an aggravated felony under the Florida statute but not a crime of violence under the federal sentencing guidelines for sentencing guidelines purposes. The district court correctly applied the modified categorical approach.
The charges and conviction did not establish what Diaz-Calderone did because he pleaded nolo contendere to an information which charged him in the disjunctive with intentionally touching or striking the victim against the person's will or intentionally causing bodily harm to the victim. Standing alone the charges are consistent with either mere touching, which would not be a crime of violence, or with causing bodily harm, which would be a crime of violence.
In deciding the conviction was a crime of violence, the district court did not rely on the sworn affidavits from police officers. Sworn affidavits containing statements of witnesses are not necessarily reliable or credible. Where the modified categorical approach is used, Florida arrest affidavits cannot be used because they do not establish with sufficient certainty the conduct involved in the state crime. A complaints or affidavits do not establish "with sufficient certainty for the enhancement." Here the district judge did not rely on the affidavits nor did the judge treat the nolo contendere plea as an admission. Instead the court relied on Diaz-Calderone's own statements made in his change of plea hearing in state court. The government submitted an audio recording of the plea in which he agreed with the factual statements that made his offense a violent felony. The district court and the 11th Circuit panel listened to the change of plea proceedings by the state court judge and confirmed the colloquy with the defendant contained an admission by the defendant that the affidavit supporting the complaint was correct, thus establishing a crime of violence.
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When to hire an expert in a DUI case
One of the most important aspects in defending a DUI case is knowing when it is beneficial to hire an expert for consultation and possible testimony at a trial. In a DUI case at least in Washington State their are a few experts that everyone uses. So their schedules fill up pretty quickly. In addition the cost of an expert can be quite expensive to the client. In my opinion before an expert
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Nevada Medical Marijuana Dispensaries One Step Away from Legalization
On Monday the Nevada legislature passed Senate Bill 374 to permit the establishment of up to 66 licensed not-for-profit medical marijuana facilities statewide. The dispensaries would have to follow strict operating rules and tax laws. It is expected that Governor Brian Sandoval will sign the bill into law soon.
![Nevada Medical Marijuana]( "Medical Marijuana Laws")
Currently there are around 3,800 licensed medical marijuana users in Nevada, but there's no legal way under Nevada medical marijuana laws for them to purchase the pot they're entitled to. So they resort to growing it themselves or they sidestep Nevada medical marijuana laws by obtaining it through support groups in exchange for a "donation." If signed into law, this bill would provide a framework for dispensaries to sell medical marijuana.
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Currently there are around 3,800 licensed medical marijuana users in Nevada, but there's no legal way under Nevada medical marijuana laws for them to purchase the pot they're entitled to. So they resort to growing it themselves or they sidestep Nevada medical marijuana laws by obtaining it through support groups in exchange for a "donation." If signed into law, this bill would provide a framework for dispensaries to sell medical marijuana.
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Fake Cops Rob Salt Lake Jewelry Store
The real police are searching for two men who posed as fake cops in an effort to rob a Salt Lake jewelry store. The men were successful in their deception and got away with an undisclosed amount of jewelry. The fake cops went to a downtown jewelry store where they had to be buzzed in [...]
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Litigation Issues
Three litigation matters that have tangential relationships to the blog’s themes.First, this morning’s New York Times reportsthat Yale (undisclosed amount) and New Haven ($200,000) have reached a settlement with James Van de Velde, a former Yale lecturer falsely accused of murdering a Yale student named Suzanne Jovin, whose thesis Van de Velde had supervised. Both New Haven and Yale denied any wrongdoing, though it’s safe to assume that they didn’t fork over six-figure amounts out of the goodness of their hearts.In 1998, Van de Velde was a popular lecturer, but after the allegations was transformed—as the Times notes today—into a “pariah.” Even though he was never charged with any crime, he was removed from the classroom by then-Yale dean Richard Brodhead. Justifying his decision in a 1999 interview with New York Times Magazine, Brodhead remarked, “The presumption of innocence is not a trivial thing.”Indeed.Brodhead demonstrated his commitment to the presumption of innocence not merely by removing Van de Velde from the classroom, but by informing him that any letter from Yale would have to mention “the intervening controversy.”-------------Second, as part of its (mercifully unsuccessful) crusade to weaken the First Amendment protections of all newsgatherers in Maine by forcing me to turn over confidential, unpublished exchanges with sources, Duke sought to neuter a First Circuit case called Cusumano v. Microsoft. The ruling provides substantial protections—along the lines afforded to journalists—for professors in the First Circuit.Acting at the behest of treaty-related demands from Britain, a U.S. government filing against Boston College threatened to do what Duke could not—undermine Cusumano. The case, which involved oral histories of former IRA members, began when the professors who conducted the oral histories did not retain possession of them (such a move isn’t necessarily uncommon), and instead deposited them in the Boston College library. But initially BC (unlike my experience in the Duke case, or most journalists who receive such subpoenas) didn’t resist a government subpoena to other oral histories in the collection, which complicated the case. A district court ordered BC to turn over 85 of the oral histories to the British government.On Monday, the First Circuit ruled that the district court “abused its discretion in ordering the production of a significant number of interviews that only contain information that is in fact irrelevant to the subject matter of the subpoena.” It substantially narrowed the scope of the subpoena (to 11 oral histories), and made clear that Cusumano remained good law in the circuit.---------------Finally, last week came the latest in the Paterno family’s effort to restore the tarnished reputation of the late Penn State football coach. The family, along with some family-aligned trustees and former football players, filed suit against the NCAA. As Yahoo’s Dan Wetzel perceptively observed, although the NCAA is the named defendant in the lawsuit, a better title would be “Paterno v. Penn State,” since the suit appears to flow from the Paterno family’s rage that the current Penn State administration launched the Freeh Report and then accepted the report’s findings.The suit itself offers no new information, contending instead (as the family and its representatives have before) that the university should have adopted wildly counterintuitive interpretations of the evidence that Freeh recovered, or that the NCAA’s decision to accept the university’s investigation rather than to conduct its own inquiry violated the late Paterno’s due process.From an academic standpoint, however, the lawsuit’s most interesting item is that four Penn State professors—Associate professor of hospitality management Peter Bordi, Professor of geosciences Terry Engelder, Professor of education Spencer Niles, and Assistant professor of hospitality management John O’Donnell—signed on as plaintiffs.Federal courts have strict rules regarding standing. In cases such as the Paterno lawsuit, plaintiffs must be able to demonstrate some sort of injury that the courts can redress.The lawsuit itself makes two such standing claims. First, that “the Consent Decree [between the NCAA and Penn State] has interfered with the administration of Penn State, and limited the faculty’s ability to attract and retain high-caliber faculty, administrators, staff, and students, which has reduced the value of the faculty’s own positions and their ability to compete within their fields.” I’m sure everyone is eager to hear how NCAA sanctions against the football program have prevented the school from attracting “high-caliber” professors of hospitality management.Second, that “the imposed Consent Decree is an indictment of the entire Penn State community, including individual institutional leaders, members of the Board of Trustees, those responsible for and participants in athletic programs, the faculty, and the student body. The Consent Decree charges that every level of the Penn State community created and maintained a culture of reverence for, fear of, and deference to the football program.”I’d say the participation of Professors Bordi, Engelder, Niles, and O’Donnell in this lawsuit provides a pretty good sign of how at least the academic “level of the Penn State community created and maintained a culture of reverence for, fear of, and deference to the football program.”
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New Indictments Handed Down for Defrauding Lenders
Steven Bartlett, 42, Chicago, Illinois, Robert Lattas, 36, Oak Brook, Illinois, Nicholas Burge, 34, Bloomington, Illinois, and Anthony Campanale, 58, Oak Park, Illinois, have been indicted in two separate mortgage fraud cases. In one case, an attorney, a real estate investor, and a loan originator were charged with allegedly participating in a scheme to fraudulently [...]
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What is OAS for OUI in Maine?
OAS for OUI, or operating after suspension for an OUI offense, is a particularly bad form of OAS. For conviction of a first offense, the crime carries a mandatory minimum jail sentence of 7 days, a mandatory minimum fine of $600.00 and a 1-year license suspension consecutive to (after) the original OUI suspension is finished. [...]The post What is OAS for OUI in Maine? appeared first on Ed Folsom.
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Rock Hill Student Charged with Alcohol in a Water Bottle
A 17-year-old high school student was charged last week after police report that he brought alcohol to school in a water bottle. An officer at the school was patrolling the parking lot when he allegedly viewed a boy enter the trunk of his car and take out a water bottle containing a clear liquid. Thereafter, [...]The post Rock Hill Student Charged with Alcohol in a Water Bottle appeared first on .
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U.S. Supreme Court Rules That Police May Collect Your Dna If You Are Arrested For A Crime
f you are confronted with accusations of a crime, you need to contact the f you are confronted with accusations of a crime, you need to contact the today
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CFTC Sues U.S. Bank For Aiding 'Midwest Madoff' Ponzi Scheme
United States securities regulators launched a lawsuit against a well-known financial behemoth, charging it allowed a man dubbed as the 'Midwest Madoff' to knowingly misappropriate investor funds as he masterminded a $215 million Ponzi scheme. The Commodity Futures Trading Commission ("CFTC") filed a complaint in federal court against U.S. Bank National Association ("U.S. Bank"), alleging it played an integral role in the massive Ponzi scheme perpetrated by Russell Wassendorf, Sr. through his company, Peregrine Financial Group, Inc. ("Peregrine"). The CFTC charged US. Bank with multiple violations of the Commodity Exchange Act and requested a variety of relief including court-ordered restitution, disgorgement of gains tied to the fraud, and civil monetary penalties.
Peregrine was a renowned commodities broker, and its founder Wassendorf was once considered an icon in the commodities industry. However, this changed after Wassendorf was arrested in July 2012 after a failed suicide attempt outside Peregrine headquarters. Authorities found a suicide note left by Wassendorf confessing to a long-running fraud, and Wassendorf was later indicted, pled guilty, and sentenced to fifty years in prison. He was ordered to pay more than $215 million in restitution.
According to the complaint, Wassendorf began banking with U.S. Bank in August 1992 shortly after Peregrine became registered with the CFTC, and had a previous banking relationship with the bank. The bank would maintain more than 30 accounts for Wassendorf and Peregrine, including personal accounts for Wassendorf and his family, Peregrine accounts, and accounts for other Wassendorf businesses. Over the next eight years, Peregrine would deposit more than $300 million of customer funds with U.S. Bank.
Wassendorf enjoyed a preferential status with U.S. Bank due to his wealth and potential as a long-term customer. This resulted in the bank making unusual concessions to Wassendorf, including allowing him to limit access to an account, with an account number ending in 1845 (the "1845 Account"), holding millions of dollars of Peregrine's customer funds to only him. Indeed, U.S. Bank's internal computer system carried a memo for the 1845 Account stating that
“Per Russ Wasendorf request no account balance confirmations authorized on acct”
The bank was notified that the 1845 Account was designated as a Commodity Exchange Act Customer Segregated Account, consisting of funds from two primary sources: deposits at its Cedar Falls, Iowa branch, and wire transfers from a Peregrine customer account at JP Morgan. As a customer segregated account, the 1845 Account was subject to various rules and regulations under the Commodity Exchange Act.
However, according to the CFTC, U.S Bank frequently flouted industry rules and regulations in allowing Wassendorf to use funds from the 1845 Account for a variety of prohibited purposes - effectively allowing him to use the account as Peregrine's commercial checking account. This included the outflow of millions of dollars to an account related to the construction of Peregrine's new headquarters, more than $5 million to an account for Wassendorf's restaurant, My Verona, and even the transfer of more than $2 million as part of Wassendorf's 2010 divorce settlement.
The complaint singles out a female employee identified only as "Banker A" for having a close relationship with Wassendorf.
U.S. Bank has denied responsibility, instead accusing the CFTC of attempting to deflect blame for its failure to detect Wassendorf's fraud.
A copy of the CFTC's complaint is here.
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SPECIAL GUEST Tom Madison Host of "Activist Central"
Hosted by: RealityUSA (Website)
Show Description:
Tom Madison is host of the 60 minute talk radio program "Activist Central" that is broadcast on Tuesday evenings at 6pm PT / 9pm ET on the...
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//blawgsearch75.rssing.com/chan-6519914/article2653-live.html
This involves a case where the court ruled that the indictment against the defendant be reinstated. During 1981 police officers conducted a large-scale investigation into the distribution of narcotics in New York, Queens and Bronx counties. The criminal investigation, which...
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DUI in Los Angeles News of the Weird (Part 2)
Getting caught for driving DUI in Los Angeles is no fun. ![Barbie-Car-dui-los-angeles.jpg]()
But it is somewhat amusing – or at least educational – to read about “weird DUI stories.” Here are two more stories culled from a Funny or Die article (“the Six Weirdest DUI Arrests Ever Made,” published October 5, 2010)
Weird DUI #3: Driving under the influence in a wheelchair nets British man a DUI under obscure Victorian Law
As you probably recall from our last post, police in England (at least) will ding you for DUI, even if you're driving slower than a pedestrian walks in a souped-up electrical Barbie car.
Our stern friends across the pond also saw fit to charge a disabled man from Darlington with “being drunk in charge of a carriage,” after a local authority saw him joyriding on his electric wheelchair, towing his friend behind him.
Nigel Drummond had been "racing" through the streets of his local town at 8 miles per hour, when a surveillance camera saw him weaving all over the road. Although scooters like his do not officially count as cars, an out of control or weaving vehicle is still a hazard to other vehicles and pedestrians. A local Darlington police officer, Kevin Salter, said of Drummond “he was very drunk.” His fine was nominal – 65 pounds and a six month conditional discharge.
Weird DUI #4: A man named Donald Duck arrested for DUI.
You're no doubt familiar with the most famous Los Angeles DUI cases -- e.g. Nick Nolte's, Lindsay Lohan's, Mel Gibson's, Jim Toth's, etc. But did you know that cartoon characters apparently can also get arrested for driving under the influence in Los Angeles (and elsewhere)?
Well, not quite.
But a recidivist offender, 59-year-old Donald Duck, actually did get arrested for DUI out in Massillon. Police say Duck was in a drive-through pizza line, when he rammed the car ahead of him multiple times. Police arrested Duck not only for DUI but also for possessing marijuana and for offenses related to drug paraphernalia.
Donald Duck, the man, obviously has one thing in common with Donald Duck, the cartoon character – a wicked temper.
Putting your Los Angeles DUI arrest in context
The Los Angeles criminal defense team here at the Kraut Law Group is standing by to help you appreciate the nature of your charges and put together an appropriate, systematic defense to them. Mr. Kraut is not only a widely respected authority on the topic of Los Angeles DUI – his commentary has been featured in the Los Angeles Time, KTLA, Fox News, CNN and other places – but he has also won the respect of the local judges and prosecutors. Mr. Kraut is a former prosecutor himself – he served nearly decade and a half as a Senior Deputy Sixth District Attorney.
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But it is somewhat amusing – or at least educational – to read about “weird DUI stories.” Here are two more stories culled from a Funny or Die article (“the Six Weirdest DUI Arrests Ever Made,” published October 5, 2010)
Weird DUI #3: Driving under the influence in a wheelchair nets British man a DUI under obscure Victorian Law
As you probably recall from our last post, police in England (at least) will ding you for DUI, even if you're driving slower than a pedestrian walks in a souped-up electrical Barbie car.
Our stern friends across the pond also saw fit to charge a disabled man from Darlington with “being drunk in charge of a carriage,” after a local authority saw him joyriding on his electric wheelchair, towing his friend behind him.
Nigel Drummond had been "racing" through the streets of his local town at 8 miles per hour, when a surveillance camera saw him weaving all over the road. Although scooters like his do not officially count as cars, an out of control or weaving vehicle is still a hazard to other vehicles and pedestrians. A local Darlington police officer, Kevin Salter, said of Drummond “he was very drunk.” His fine was nominal – 65 pounds and a six month conditional discharge.
Weird DUI #4: A man named Donald Duck arrested for DUI.
You're no doubt familiar with the most famous Los Angeles DUI cases -- e.g. Nick Nolte's, Lindsay Lohan's, Mel Gibson's, Jim Toth's, etc. But did you know that cartoon characters apparently can also get arrested for driving under the influence in Los Angeles (and elsewhere)?
Well, not quite.
But a recidivist offender, 59-year-old Donald Duck, actually did get arrested for DUI out in Massillon. Police say Duck was in a drive-through pizza line, when he rammed the car ahead of him multiple times. Police arrested Duck not only for DUI but also for possessing marijuana and for offenses related to drug paraphernalia.
Donald Duck, the man, obviously has one thing in common with Donald Duck, the cartoon character – a wicked temper.
Putting your Los Angeles DUI arrest in context
The Los Angeles criminal defense team here at the Kraut Law Group is standing by to help you appreciate the nature of your charges and put together an appropriate, systematic defense to them. Mr. Kraut is not only a widely respected authority on the topic of Los Angeles DUI – his commentary has been featured in the Los Angeles Time, KTLA, Fox News, CNN and other places – but he has also won the respect of the local judges and prosecutors. Mr. Kraut is a former prosecutor himself – he served nearly decade and a half as a Senior Deputy Sixth District Attorney.
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Interview Your Prospective California DUI Lawyer
Guest post by California DUI lawyer Hieu Vu You need to quiz your DUI Lawyer with this. It is important that the lawyer you are talking to understand these concepts. Since the economy has gotten bad, lots of civil attorneys have jumped into misdemeanor work. They will themselves out as DUI experts but won’t know [...]
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Seizure of DNA held Constitutional By U.S. Supreme Court
Earlier this week, the United States Supreme Court ruled that it does not violate the Fourth Amendment for police to take a swab of the inside of someone’s cheek for DNA as part of their standard booking procedure. In Maryland v. King, a defendant was arrested on an assault charge. As authorized by Maryland statute, [...]
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Federal Disability Recipients Battle Stigma
Los Angeles Social Security Disability Lawyer Vincent Howard of HOWARD LAW recognizes that not all disabilities are apparent just by looking at someone.![raindropsandboy1.jpg]()
In fact, as of 2011, mental illness and developmental disabilities accounted for about 20 percent of all claims to the federal program. Back pain and musculoskeletal problems accounted for nearly 34 percent. Neurological disorders accounted for about 8 percent.
Many times, these are conditions that aren't easily apparent at a glance.
That's part of the reason they it's so difficult for folks with conditions like these to be approved for benefits in the first place. The process is incredibly rigorous, and it takes an enormous amount of paperwork, physician evaluations and sometimes oral arguments to prove that the individual's impairment is severe enough to receive benefits.
In reality, those whose conditions aren't readily apparent probably had to fight twice as hard to receive benefits as those whose conditions are obvious.
However, others who hear they are on disability meet that revelation with strong skepticism.
One example of this, profiled recently in Alabama's Montgomery Register, where the rate of disability is among the highest in the country, was that of a former residential electrician.
The man is 42-years-old. He's not pale or thin. He looks healthy. His gait isn't slow or staggered. He's intelligent and according to those close to him, has a great sense of humor.
So how is this man disabled?
It's what you can't see that makes it impossible for him to work. In fact, it's a combination of conditions that cumulatively add up to impairment.
First, there are the debilitating migraines. Medication does little to ease the symptoms, and when he feels one coming on, the only thing he can do is find a dark room to which he must retreat, sometimes for hours.
Secondly, he suffers from diabetes. This condition has resulted in a type of neuropathy, which is damage to the nerves of the peripheral nervous system. As a result, he consistently loses sensation and feeling in both his hands and feet. That's a potentially deadly situation for an electrician.
And finally, several years ago, he learned he had a benign, but large, tumor in his brain. Doctors believe this is why he began having otherwise unexplained bouts of random sleep. For example, he would find himself snapping awake while dangling up high on a ladder. It would take a few moments before he would realize he'd actually fallen asleep for several minutes.
This combination of symptoms could have proven fatal while on his job. Given the severity of this combination, the Social Security Administration ruled he was unable to work in any capacity. As such, they have awarded him with a monthly check of $1,300 a month.
But that decision didn't come without a cost. It was two years in coming. During that time, there was incredible financial strain, and his marriage buckled under the pressure. He and his wife are now divorcing.
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In fact, as of 2011, mental illness and developmental disabilities accounted for about 20 percent of all claims to the federal program. Back pain and musculoskeletal problems accounted for nearly 34 percent. Neurological disorders accounted for about 8 percent.
Many times, these are conditions that aren't easily apparent at a glance.
That's part of the reason they it's so difficult for folks with conditions like these to be approved for benefits in the first place. The process is incredibly rigorous, and it takes an enormous amount of paperwork, physician evaluations and sometimes oral arguments to prove that the individual's impairment is severe enough to receive benefits.
In reality, those whose conditions aren't readily apparent probably had to fight twice as hard to receive benefits as those whose conditions are obvious.
However, others who hear they are on disability meet that revelation with strong skepticism.
One example of this, profiled recently in Alabama's Montgomery Register, where the rate of disability is among the highest in the country, was that of a former residential electrician.
The man is 42-years-old. He's not pale or thin. He looks healthy. His gait isn't slow or staggered. He's intelligent and according to those close to him, has a great sense of humor.
So how is this man disabled?
It's what you can't see that makes it impossible for him to work. In fact, it's a combination of conditions that cumulatively add up to impairment.
First, there are the debilitating migraines. Medication does little to ease the symptoms, and when he feels one coming on, the only thing he can do is find a dark room to which he must retreat, sometimes for hours.
Secondly, he suffers from diabetes. This condition has resulted in a type of neuropathy, which is damage to the nerves of the peripheral nervous system. As a result, he consistently loses sensation and feeling in both his hands and feet. That's a potentially deadly situation for an electrician.
And finally, several years ago, he learned he had a benign, but large, tumor in his brain. Doctors believe this is why he began having otherwise unexplained bouts of random sleep. For example, he would find himself snapping awake while dangling up high on a ladder. It would take a few moments before he would realize he'd actually fallen asleep for several minutes.
This combination of symptoms could have proven fatal while on his job. Given the severity of this combination, the Social Security Administration ruled he was unable to work in any capacity. As such, they have awarded him with a monthly check of $1,300 a month.
But that decision didn't come without a cost. It was two years in coming. During that time, there was incredible financial strain, and his marriage buckled under the pressure. He and his wife are now divorcing.
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Welcome to the blogosphere: "The Civil-Criminal Distinction Blog"
I am pleased to learn that the idea of academics starting new blogs about legal issues has not yet become passé, as evidence by this new blog titled "The Civil-Criminal Distinction Blog." This title, obviously, reveals the planned focus for...
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Single vehicle crash on State Highway 51 with complete blockage
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: June 7, 2012 6:45 a.m.
Please direct questions to the District Office
Idaho State Police is responding to a single vehicle, non injury crash on State Highway 51 at milepost 17, near of Owyhee, NV. Both lanes of travel are completely blocked and there is fuel leaking from the tank of the semi. Motorists should avoid the area if at all possible. A full press release will be issued when the information becomes available.
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News Roundup
The top story of the week may be the impending repeal of the Racial Justice Act. On Wednesday, the House voted 77-39, mostly along party lines, in favor of the repeal bill. The Senate previously approved a slightly different version of the bill. It appears that the Senate plans to approve the House version next [...]
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More Pages to Explore .....
