CRIMINAL PROCEDURE-EXTRADITION FOR NON-SUPPORT UNDER SECTION 6 OF THE UNIFORM CRIMINAL EXTRADITION ACT

Petitioner had been divorced while residing in the State of California and ordered to pay $30 per month to his wife for the support of three minor children. After moving to New Mexico he defaulted in the payments. The Governor of California requested the extradition of the petitioner under section 6 of the Uniform Criminal Extradition Act to answer the charge of failure to provide for minor children. Petitioner questioned his detention under the order for extradition by seeking a writ of habeas corpus in an original proceeding before the Supreme Court of New Mexico. Held, writ denied. Section 6 of the Uniform Criminal Extradition Act, providing for extradition when the accused was not in the demanding state at the time of the commission of the crime and has not fled therefrom, is constitutional and applicable to the crime of non-support. Ex parte Dalton, (N.M. 1952) 244 P. (2d) 790

TORTS-LIBEL AND SLANDER

Plaintiff brought an action in slander alleging that defendant orally described him as a Communist during the course of a neighborhood argument. Plaintiff further asserted that when the defamatory words were spoken he held the position of an official in the United Financial Employees Union. Defendant moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Held, complaint dismissed with leave to amend. The court ruled that the averments were not sufficient to show special damage to the plaintiff, nor did they support an interpretation that the words were spoken of and concerning the plaintiff in his business or occupation and thus actionable per se. The court further ruled that it was not slander per se to call one a Communist, for a rule to the contrary would trap the unwary and benefit the cause of Communism in the United States. Keefe v. O\u27Brien, 116 N.Y.S. (2d) 286 (1952)

EVIDENCE-PRIVILEGE-USE OF PRIVILEGED ACCIDENT REPORT TO REFRESH OFFICER\u27S RECOLLECTION

Plaintiff, a passenger in an automobile, recovered a judgment for injuries received in a collision. Defendants\u27 motion to exclude testimony of the police officer investigating the accident as to admissions of the driver was overruled by the trial court. Defendants contended that the required accident report filed by the defendant driver was privileged by statute, and therefore the testimony of the officer was inadmissible. On appeal, held, reversed on other grounds. It was proper for the officer to testify as to the defendant driver\u27s admissions even if it was necessary for him to refresh his recollection of these admissions by using the statutory report filed by the defendant. Wallace v. Skrzycki, 338 Mich. 165, 61 N.W. (2d) 106 (1953)

Federal Procedure - Realignment of Parties in Non-Diversity Case

Plaintiff (S1), a surety for the subcontractor, brought an action against the subcontractor and the prime contractor to compel them to set off their respective counterclaims in order to diminish the liability of S1. The subcontractor had another surety (S2) on a different obligation arising out of the same construction job, and the prime contractor, uncertain where liability should be placed, impleaded S2. On S1\u27s motion to vacate the impleader order, held, denied, and the court on its own motion directed realignment of the parties, ruling that the main issue was division of liability between the subcontractor\u27s two sureties, S1 and S2, to the prime contractor. The prime contractor was made plaintiff and the other parties, the subcontractor, S1 and S2, defendants, with the result that all matters in controversy could be settled in one action with one trial. In directing this order, the court stated that it relied on its inherent power to require realignment for convenience and expediency. Travelers Indemnity Co. v. J. S. Ramstad Construction Co., (D.C. Alaska 1954) 118 F. Supp. 423

TAXATION - FEDERAL INCOME TAX - DEFERRED COMPENSATION AS AFFECTED BY CONSTRUCTIVE RECEIPT DOCTRINE

Prior to his retirement as a general agent of a life insurance company, the petitioner entered into a new contract with the company by which he was to receive upon retirement fixed monthly instalments for fifteen years in lieu of his original contract rights to receive renewal premium commissions as they were paid into the company. Petitioner, as a cash basis taxpayer, reported as income only the instalments received. The Commissioner assessed deficiencies in the reports, contending that petitioner\u27s taxable income consisted of all renewal commissions received by the company during the taxable year, rather than the instalment payments. Rejecting the Commissioner\u27s argument that the constructive receipt doctrine was applicable to the renewal commissions, the Tax Court upheld the petitioner\u27s challenge of the assessment of the deficiencies. On appeal, held, affirmed. Since the new contract calling for fixed monthly instalments was a binding substituted contract, the taxpayer had no contractual right to the additional renewal commissions. Therefore the constructive receipt doctrine was inapplicable and only the fixed monthly instalments were income to the taxpayer. Commissioner v. Oates, (7th Cir. 1953) 207 F. (2d) 711

CONFLICT OF LAWS--EFFECT OF FORUM\u27S STATUTE OF FRAUDS ON FOREIGN ORAL CONTRACT TO BEQUEATH PROPERTY

Plaintiff brought an action in New York for specific performance of an oral agreement allegedly made by testator in Florida not to change his will without plaintiff\u27s consent. Defendant\u27s motions for dismissal of the complaint and summary judgment were dismissed. The appellate division on reargument entered orders reversing the lower court. On plaintiff\u27s appeal to the court of appeals, held, affirmed. The New York Personal Property Law, which states that oral contracts to bequeath property are void, is controlling, regardless of whether this section of the statute of frauds is procedural or substantive. If the section is procedural, the law of the forum would apply making the oral contract unenforceable; if substantive, the contract is void because the statute is an expression of the public policy of the forum, permitting the forum to disregard ordinary conflict of laws rules. Rubin v. Irving Trust Co., 305 N.Y. 288, I 13 N. E. (2d) 424 (1953)

Evaluation of the bacterial diversity of Pressure ulcers using bTEFAP pyrosequencing

<p>Abstract</p> <p>Background</p> <p>Decubitus ulcers, also known as bedsores or pressure ulcers, affect millions of hospitalized patients each year. The microflora of chronic wounds such as ulcers most commonly exist in the biofilm phenotype and have been known to significantly impair normal healing trajectories.</p> <p>Methods</p> <p>Bacterial tag-encoded FLX amplicon pyrosequencing (bTEFAP), a universal bacterial identification method, was used to identify bacterial populations in 49 decubitus ulcers. Diversity estimators were utilized and wound community compositions analyzed in relation to metadata such as Age, race, gender, and comorbidities.</p> <p>Results</p> <p>Decubitus ulcers are shown to be polymicrobial in nature with no single bacterium exclusively colonizing the wounds. The microbial community among such ulcers is highly variable. While there are between 3 and 10 primary populations in each wound there can be hundreds of different species present many of which are in trace amounts. There is no clearly significant differences in the microbial ecology of decubitus ulcer in relation to metadata except when considering diabetes. The microbial populations and composition in the decubitus ulcers of diabetics may be significantly different from the communities in non-diabetics.</p> <p>Conclusions</p> <p>Based upon the continued elucidation of chronic wound bioburdens as polymicrobial infections, it is recommended that, in addition to traditional biofilm-based wound care strategies, an antimicrobial/antibiofilm treatment program can be tailored to each patient's respective wound microflora.</p

Seropositivity to Cytomegalovirus, Inflammation, All-Cause and Cardiovascular Disease-Related Mortality in the United States

Studies have suggested that CMV infection may influence cardiovascular disease (CVD) risk and mortality. However, there have been no large-scale examinations of these relationships among demographically diverse populations. The inflammatory marker C-reactive protein (CRP) is also linked with CVD outcomes and mortality and may play an important role in the pathway between CMV and mortality. We utilized a U.S. nationally representative study to examine whether CMV infection is associated with all-cause and CVD-related mortality. We also assessed whether CRP level mediated or modified these relationships., 2006 (N = 14153) in the National Health and Nutrition Examination Survey (NHANES) III (1988–1994). Cox proportional hazard models were used to estimate hazard ratios (HR) and 95% confidence intervals (CI) for all-cause and CVD-related mortality by CMV serostatus. After adjusting for multiple confounders, CMV seropositivity remained statistically significantly associated with all-cause mortality (HR 1.19, 95% CI: 1.01, 1.41). The association between CMV and CVD-related mortality did not achieve statistical significance after confounder adjustment. CRP did not mediate these associations. However, CMV seropositive individuals with high CRP levels showed a 30.1% higher risk for all-cause mortality and 29.5% higher risk for CVD-related mortality compared to CMV seropositive individuals with low CRP levels.CMV was associated with a significant increased risk for all-cause mortality and CMV seropositive subjects who also had high CRP levels were at substantially higher risk for both for all-cause and CVD-related mortality than subjects with low CRP levels. Future work should target the mechanisms by which CMV infection and low-level inflammation interact to yield significant impact on mortality

TORTS-LIBEL AND SLANDER

Plaintiff brought an action in slander alleging that defendant orally described him as a Communist during the course of a neighborhood argument. Plaintiff further asserted that when the defamatory words were spoken he held the position of an official in the United Financial Employees Union. Defendant moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Held, complaint dismissed with leave to amend. The court ruled that the averments were not sufficient to show special damage to the plaintiff, nor did they support an interpretation that the words were spoken of and concerning the plaintiff in his business or occupation and thus actionable per se. The court further ruled that it was not slander per se to call one a Communist, for a rule to the contrary would trap the unwary and benefit the cause of Communism in the United States. Keefe v. O\u27Brien, 116 N.Y.S. (2d) 286 (1952)

CRIMINAL PROCEDURE-EXTRADITION FOR NON-SUPPORT UNDER SECTION 6 OF THE UNIFORM CRIMINAL EXTRADITION ACT

Petitioner had been divorced while residing in the State of California and ordered to pay $30 per month to his wife for the support of three minor children. After moving to New Mexico he defaulted in the payments. The Governor of California requested the extradition of the petitioner under section 6 of the Uniform Criminal Extradition Act to answer the charge of failure to provide for minor children. Petitioner questioned his detention under the order for extradition by seeking a writ of habeas corpus in an original proceeding before the Supreme Court of New Mexico. Held, writ denied. Section 6 of the Uniform Criminal Extradition Act, providing for extradition when the accused was not in the demanding state at the time of the commission of the crime and has not fled therefrom, is constitutional and applicable to the crime of non-support. Ex parte Dalton, (N.M. 1952) 244 P. (2d) 790