Criminal Procedure—Preaccusation Delay as Violation of Due Process: Absence of Statute of Limitations Is Factor to Be Weighed Against Murder Defendant\u27s Allegations of Actual Prejudice—State v. Haga, 8 Wn. App .481, 507 P.2d 159 (1973), review denied 82 Wn. 2d 1006 (1973)

On July 6, 1966, the wife and an infant daughter of Eric L. Haga were found strangled to death in the Haga home. Although Haga had slept in the house the night of the murders, no evidence linked him directly to the crime. There was, however, evidence that Haga and his wife had separated the previous summer, that Mrs. Haga had lived with another man during the separation, and that Haga had taken out a family life insurance policy shortly before the murders. The prosecuting attorney chose not to prosecute Haga; more than five years later, however, a newly elected prosecutor reopened the case and filed two counts of first degree murder. A jury convicted Haga on both counts. Haga appealed, arguing that the five year delay between the commission of the crimes and the filing of the murder charges had denied him due process of law under the federal and state constitutions. The state freely admitted that no new evidence had surfaced in the intervening five years, and that the only reason for the filing of charges in 1971 was the change of prosecutors. It was acknowledged that the delay had caused defense witnesses to become unavailable, and that the delay was long enough to cause concern about the dimming of memories and lost evidence. The Washington Court of Appeals defined what it concluded to be the applicable due process test and held that the five year delay in filing charges did not deny the defendant due process because an evaluation of the entire proceedings failed to reveal a showing of actual prejudice to the defendant sufficient to overcome the legislative intent expressed by the absence of a statute of limitations for the crime of murder

Seismocardiographic Signal Timing with Myocardial Strain

Speckle Tracking Echocardiography (STE) is a relatively new method for cardiac function evaluation. In the current study, STE was used to investigate the timing of heart-induced mostly subaudible (i.e., below the frequency limit of human hearing) chest-wall vibrations in relation to the longitudinal myocardial strain. Such an approach may help elucidate the genesis of these vibrations, thereby improving their diagnostic value

Heart Rate Monitoring During Different Lung Volume Phases Using Seismocardiography

Seismocardiography (SCG) is a non-invasive method that can be used for cardiac activity monitoring. This paper presents a new electrocardiogram (ECG) independent approach for estimating heart rate (HR) during low and high lung volume (LLV and HLV, respectively) phases using SCG signals. In this study, SCG, ECG, and respiratory flow rate (RFR) signals were measured simultaneously in 7 healthy subjects. The lung volume information was calculated from the RFR and was used to group the SCG events into low and high lung-volume groups. LLV and HLV SCG events were then used to estimate the subjects HR as well as the HR during LLV and HLV in 3 different postural positions, namely supine, 45 degree heads-up, and sitting. The performance of the proposed algorithm was tested against the standard ECG measurements. Results showed that the HR estimations from the SCG and ECG signals were in a good agreement (bias of 0.08 bpm). All subjects were found to have a higher HR during HLV (HR$_\text{HLV}$) compared to LLV (HR$_\text{LLV}$) at all postural positions. The HR$_\text{HLV}$/HR$_\text{LLV}$ ratio was 1.11$\pm$0.07, 1.08$\pm$0.05, 1.09$\pm$0.04, and 1.09$\pm$0.04 (mean$\pm$SD) for supine, 45 degree-first trial, 45 degree-second trial, and sitting positions, respectively. This heart rate variability may be due, at least in part, to the well-known respiratory sinus arrhythmia. HR monitoring from SCG signals might be used in different clinical applications including wearable cardiac monitoring systems

Negro Segregation in Nebraska Schools — 1860 to 1870

During the October 1952 Term of the Supreme Court of the United States, the Court heard oral argument in five cases involving attacks under the Fourteenth Amendment upon the practice of segregating Negroes in public schools in various states. On June 8, 1953, the Supreme Court restored the cases to the docket and assigned them for reargument on October 12, 1953, which date was later extended to December 7, 1953, at the request of the Attorney General of the United States. The Court requested counsel to discuss particularly five questions.\u27 The first two were: 1. What evidence is there that the Congress which submitted and the State legislatures and conventions which ratified the Fourteenth Amendment contemplated or did not contemplate, understood or did not understand, that it would abolish segregation in public schools? 2. If neither the Congress in submitting nor the States in ratifying the Fourteenth Amendment understood that compliance with it would require immediate abolition of segregation in public schools, was it nevertheless the understanding of the framers of the Amendment a. that future Congresses might, in the exercise of their power under section 5 of the Amendment, abolish such segregation, or b. that it would be within the judicial power, in light of future conditions, to construe the amendment as abolishing such segregation of its own force? In order to accomplish the large research task necessary to answer these questions, counsel for the Negro petitioners secured assistance from persons in each of the thirty-six states which ratified the Fourteenth Amendment. It was requested that the research cover such facts as: whether or not public schools existed in the state at the time the Amendment was ratified; what treatment was accorded Negroes under the statutes and constitutions at that time; what legislative history there was concerning the actual ratification of the Amendment by the state; and the situation with respect to Negroes immediately after the state ratified the Amendment. The writers undertook to answer these questions for the State of Nebraska and the following is the result of their research. I. Introduction II. Ratification of the Fourteenth Amendment III. Constitution of Nebraska IV. School Laws V. Conclusio

Negro Segregation in Nebraska Schools — 1860 to 1870

During the October 1952 Term of the Supreme Court of the United States, the Court heard oral argument in five cases involving attacks under the Fourteenth Amendment upon the practice of segregating Negroes in public schools in various states. On June 8, 1953, the Supreme Court restored the cases to the docket and assigned them for reargument on October 12, 1953, which date was later extended to December 7, 1953, at the request of the Attorney General of the United States. The Court requested counsel to discuss particularly five questions.\u27 The first two were: 1. What evidence is there that the Congress which submitted and the State legislatures and conventions which ratified the Fourteenth Amendment contemplated or did not contemplate, understood or did not understand, that it would abolish segregation in public schools? 2. If neither the Congress in submitting nor the States in ratifying the Fourteenth Amendment understood that compliance with it would require immediate abolition of segregation in public schools, was it nevertheless the understanding of the framers of the Amendment a. that future Congresses might, in the exercise of their power under section 5 of the Amendment, abolish such segregation, or b. that it would be within the judicial power, in light of future conditions, to construe the amendment as abolishing such segregation of its own force? In order to accomplish the large research task necessary to answer these questions, counsel for the Negro petitioners secured assistance from persons in each of the thirty-six states which ratified the Fourteenth Amendment. It was requested that the research cover such facts as: whether or not public schools existed in the state at the time the Amendment was ratified; what treatment was accorded Negroes under the statutes and constitutions at that time; what legislative history there was concerning the actual ratification of the Amendment by the state; and the situation with respect to Negroes immediately after the state ratified the Amendment. The writers undertook to answer these questions for the State of Nebraska and the following is the result of their research. I. Introduction II. Ratification of the Fourteenth Amendment III. Constitution of Nebraska IV. School Laws V. Conclusio

The distinct features of microbial 'dysbiosis' of Crohn's disease do not occur to the same extent in their unaffected, genetically linked kindred

Background/Aims: Studying the gut microbiota in unaffected relatives of people with Crohn’s disease (CD) may advance our understanding of the role of bacteria in disease aetiology. Methods: Faecal microbiota composition (16S rRNA gene sequencing), genetic functional capacity (shotgun metagenomics) and faecal short chain fatty acids (SCFA) were compared in unaffected adult relatives of CD children (CDR, n = 17) and adult healthy controls, unrelated to CD patients (HUC, n = 14). The microbiota characteristics of 19 CD children were used as a benchmark of CD ‘dysbiosis’. Results: The CDR microbiota was less diverse (p = 0.044) than that of the HUC group. Local contribution of β-diversity analysis showed no difference in community structure between the CDR and HUC groups. Twenty one of 1,243 (1.8%) operational taxonomic units discriminated CDR from HUC. The metagenomic functional capacity (p = 0.207) and SCFA concentration or pattern were similar between CDR and HUC (p>0.05 for all SCFA). None of the KEGG metabolic pathways were different between these two groups. Both of these groups (HUC and CDR) had a higher microbiota α-diversity (CDR, p = 0.026 and HUC, p<0.001) with a community structure (β-diversity) distinct from that of children with CD. Conclusions: While some alterations were observed, a distinct microbial ‘dysbiosis’, characteristic of CD patients, was not observed in their unaffected, genetically linked kindred

Assessing possible DSM-5 ASD subtypes in a sample of victims meeting caseness for DSM-5 ASD based on self-report following multiple forms of traumatic exposure

Acute stress disorder (ASD) was introduced into the DSM-IV to recognize early traumatic responses and as a precursor of PTSD. Although the diagnostic criteria for ASD were altered and structured more similarly to the PTSD definition in DSM-5, only the PTSD diagnosis includes a dissociative subtype. Emerging research has indicated that there also appears to be a highly symptomatic subtype for ASD. However, the specific nature of the subtype is currently unclear. The present study investigates the possible presence of ASD subtypes in a mixed sample of victims meeting caseness for DSM-5 ASD based on self-report following four different types of traumatic exposure (N = 472). The results of latent profile analysis revealed a 5-class solution. The highly symptomatic class was marked by high endorsement on avoidance and dissociation compared to the other classes. Findings are discussed in regard to its clinical implications including the implications for the pending the ICD-11 and the recently released DSM-5. (C) 2015 Elsevier Ltd. All rights reserved

Functional plasticity in the type IV secretion system of Helicobacter pylori.

Helicobacter pylori causes clinical disease primarily in those individuals infected with a strain that carries the cytotoxin associated gene pathogenicity island (cagPAI). The cagPAI encodes a type IV secretion system (T4SS) that injects the CagA oncoprotein into epithelial cells and is required for induction of the pro-inflammatory cytokine, interleukin-8 (IL-8). CagY is an essential component of the H. pylori T4SS that has an unusual sequence structure, in which an extraordinary number of direct DNA repeats is predicted to cause rearrangements that invariably yield in-frame insertions or deletions. Here we demonstrate in murine and non-human primate models that immune-driven host selection of rearrangements in CagY is sufficient to cause gain or loss of function in the H. pylori T4SS. We propose that CagY functions as a sort of molecular switch or perhaps a rheostat that alters the function of the T4SS and "tunes" the host inflammatory response so as to maximize persistent infection