California\u27s Suppression Statute-An Examination of Renal Code #1538.5

California Penal Code section 1538.5 codifies the motion to suppress evidence. This Article examines the practical application of Penal Code section 1538.5, including a discussion on the scope of coverage, the procedure at the hearing, and appellate review. The scope of Penal Code section 1538.5 is contentious. There is much concern regarding the grounds on which challenges to search, seizure, and admissibility of confessions can be made. However, one thing is clear: Penal Code section 1538.5 can be invoked in both felony and misdemeanor cases. In both cases, the superior court can review rulings on motions to suppress evidence de novo in a special hearing. In addition, appellate review is available. In misdemeanor cases, both sides can request review of an adverse ruling, whereas only a defendant can appeal an adverse ruling in felony cases. In felony and misdemeanor cases, the appellate court must review the facts in the light most favorable to the prevailing party using a substantial evidence test. This Article concludes by assessing changes to and the success of the statute

High elevation watersheds in the southern Appalachians: Indicators of sensitivity to acidic deposition and the potential for restoration through liming

Southern Appalachian high elevation watersheds have deep rocky soils with high organic matter content, different vegetation communities, and receive greater inputs of acidic deposition compared to low elevation sites within the region. Since the implementation of the Clean Air Act Amendment in the 1990s, concentrations of acidic anions in rainfall have declined. However, some high elevation streams continue to show signs of chronic to episodic acidity, where acid neutralizing capacity (ANC) ranges from 0 to 20 µeq L-1. We studied three 3rd order watersheds (North River in Cherokee National Forest, Santeetlah Creek in Nantahala National Forest, and North Fork of the French Broad in Pisgah National Forest) and selected four to six 1st order catchments within each watershed to represent a gradient in elevation (849–1526 m) and a range in acidic stream ANC values (11–50 leq L-1). Our objectives were to (1) identify biotic, physical and chemical catchment parameters that could be used as indices of stream ANC, pH and Ca:Al molar ratios and (2) estimate the lime required to restore catchments from the effects of excess acidity and increase base cation availability. We quantified each catchment’s biotic, physical, and chemical characteristics and collected stream, O-horizon, and mineral soil samples for chemical analysis seasonally for one year. Using repeated measures analysis, we examined variability in stream chemistry and catchment characteristics; we used a nested split-plot design to identify catchment characteristics that were correlated with stream chemistry. Watersheds differed significantly and the catchments sampled provided a wide range of stream chemical, biotic, physical and chemical characteristics. Variability in stream ANC, pH, and Ca:Al molar ratio were significantly correlated with catchment vegetation characteristics (basal area, tree height, and tree diameter) as well as O-horizon nitrogen and aluminum concentrations. Total soil carbon and calcium (an indicator of parent material), were significant covariates for stream ANC, pH and Ca:Al molar ratios. Lime requirement estimates did not differ among watersheds but this data will help select catchments for future restoration and lime application studies. Not surprisingly, this work found many vegetation and chemical characteristics that were useful indicators of stream acidity. However, some expected relationships such as concentrations of mineral soil extractable Ca and SO4 were not significant. This suggests that an extensive test of these indicators across the southern Appalachians will be required to identify high elevation forested catchments that would benefit from restoration activities

Trends in stream nitrogen concentrations for forested reference catchments across the USA

To examine whether stream nitrogen concentrations in forested reference catchments have changed over time and if patterns were consistent across the USA, we synthesized up to 44 yr of data collected from 22 catchments at seven USDA Forest Service Experimental Forests. Trends in stream nitrogen presented high spatial variability both among catchments at a site and among sites across the USA. We found both increasing and decreasing trends in monthly flow-weighted stream nitrate and ammonium concentrations. At a subset of the catchments, we found that the length and period of analysis influenced whether trends were positive, negative or non-significant. Trends also differed among neighboring catchments within several Experimental Forests, suggesting the importance of catchment-specific factors in determining nutrient exports. Over the longest time periods, trends were more consistent among catchments within sites, although there are fewer long-term records for analysis. These findings highlight the critical value of long-term, uninterrupted stream chemistry monitoring at a network of sites across the USA to elucidate patterns of change in nutrient concentrations at minimally disturbed forested sites

Trends in stream nitrogen concentrations for forested reference catchments across the USA

To examine whether stream nitrogen concentrations in forested reference catchments have changed over time and if patterns were consistent across the USA, we synthesized up to 44 yr of data collected from 22 catchments at seven USDA Forest Service Experimental Forests. Trends in stream nitrogen presented high spatial variability both among catchments at a site and among sites across the USA. We found both increasing and decreasing trends in monthly flow-weighted stream nitrate and ammonium concentrations. At a subset of the catchments, we found that the length and period of analysis influenced whether trends were positive, negative or non-significant. Trends also differed among neighboring catchments within several Experimental Forests, suggesting the importance of catchment-specific factors in determining nutrient exports. Over the longest time periods, trends were more consistent among catchments within sites, although there are fewer long-term records for analysis. These findings highlight the critical value of long-term, uninterrupted stream chemistry monitoring at a network of sites across the USA to elucidate patterns of change in nutrient concentrations at minimally disturbed forested sites.Keywords: forested catchment, nitrate, trends, stream, reference catchments, ammoniumKeywords: forested catchment, nitrate, trends, stream, reference catchments, ammoniu

Positive Feedback Regulation between Phospholipase D and Wnt Signaling Promotes Wnt-Driven Anchorage-Independent Growth of Colorectal Cancer Cells

Aberrant activation of the canonical Wnt/β-catenin pathway occurs in almost all colorectal cancers and contributes to their growth, invasion and survival. Phopholipase D (PLD) has been implicated in progression of colorectal carcinoma However, an understanding of the targets and regulation of this important pathway remains incomplete and besides, relationship between Wnt signaling and PLD is not known.Here, we demonstrate that PLD isozymes, PLD1 and PLD2 are direct targets and positive feedback regulators of the Wnt/β-catenin signaling. Wnt3a and Wnt mimetics significantly enhanced the expression of PLDs at a transcriptional level in HCT116 colorectal cancer cells, whereas silencing of β-catenin gene expression or utilization of a dominant negative form of T cell factor-4 (TCF-4) inhibited expression of PLDs. Moreover, both PLD1 and PLD2 were highly induced in colon, liver and stomach tissues of mice after injection of LiCl, a Wnt mimetic. Wnt3a stimulated formation of the β-catenin/TCF complexes to two functional TCF-4-binding elements within the PLD2 promoter as assessed by chromatin immunoprecipitation assay. Suppressing PLD using gene silencing or selective inhibitor blocked the ability of β-catenin to transcriptionally activate PLD and other Wnt target genes by preventing formation of the β-catenin/TCF-4 complex, whereas tactics to elevate intracellular levels of phosphatidic acid, the product of PLD activity, enhanced these effects. Here we show that PLD is necessary for Wnt3a-driven invasion and anchorage-independent growth of colon cancer cells.PLD isozyme acts as a novel transcriptional target and positive feedback regulator of Wnt signaling, and then promotes Wnt-driven anchorage-independent growth of colorectal cancer cells. We propose that therapeutic interventions targeting PLD may confer a clinical benefit in Wnt/β-catenin-driven malignancies

Effects of riparian zone buffer widths on vegetation diversity in southern Appalachian headwater catchments

In mountainous areas such as the southern Appalachians USA, riparian zones are difficult to define. Vegetation is a commonly used riparian indicator and plays a key role in protecting water resources, but adequate knowledge of floristic responses to riparian disturbances is lacking. Our objective was to quantify changes in stand-level floristic diversity of riparian plant communities before (2004) and two, three, and seven years after shelterwood harvest using highlead cable-yarding and with differing no cut buffer widths of 0 m, 10 m, and 30 m distance from the stream edge. An unharvested reference stand was also studied for comparison. We examined: (1) differences among treatment sites using a mixed linear model with repeated measures; (2) multivariate relationships between ground-layer species composition and environmental variables (soil water content, light transmittance, tree basal area, shrub density, and distance from stream) using nonmetric multidimensional scaling; and (3) changes in species composition over time using a multi-response permutation procedure. We hypothesized that vegetation responses (i.e., changes in density, species composition, and diversity across the hillslope) will be greatest on harvest sites with an intermediate buffer width (10-m buffer) compared to more extreme (0-m buffer) and less extreme (30-m buffer and no-harvest reference) disturbance intensities. Harvesting initially reduced overstory density and basal area by 83% and 65%, respectively, in the 0-m buffer site; reduced by 50% and 74% in the 10-m buffer site; and reduced by 45% and 29% in the 30-m buffer site. Both the 0-m and 10-m buffer sites showed increased incident light variability across the hillslope after harvesting; whereas, there was no change in the 30-m and reference sites over time. We found significant changes in midstory and ground-layer vegetation in response to harvesting with the greatest responses on the 10-m buffer site, supporting our hypotheses that responses will be greatest on sites with intermediate disturbance. Ground-layer species composition differed significantly over time in the 0-m buffer and 10-m buffer sites (both P \u3c 0.0001), but did not change in the 30-m buffer and reference sites (both P \u3e 0.100). Average compositional dissimilarity increased after seven years, indicating greater within stand heterogeneity (species diversity) after harvesting. These vegetation recovery patterns provide useful information for evaluating management options in riparian zones in the southern Appalachians

Nitrate deposition in northern hardwood forests and the nitrogen metabolism of Acer saccharum marsh

It is generally assumed that plant assimilation constitutes the major sink for anthropogenic Nitrate NO 3 − deposited in temperate forests because plant growth is usually limited by nitrogen (N) availability. Nevertheless, plants are known to vary widely in their capacity for NO 3 − uptake and assimilation, and few studies have directly measured these parameters for overstory trees. Using a combination of field and greenhouse experiments, we studied the N nutrition of Acer saccharum Marsh. in four northern hardwood forests receiving experimental NO 3 − additions equivalent to 30 kg N ha −1 year −1 . We measured leaf and fine-root nitrate reductase activity (NRA) of overstory trees using an in vivo assay and used 15 N to determine the kinetic parameters of NO 3 − uptake by excised fine roots. In two greenhouse experiments, we measured leaf and root NRA in A. saccharum seedlings fertilized with 0–3.5 g NO 3 − −N m −2 and determined the kinetic parameters of NO 3 − and NH 4 + uptake in excised roots of seedlings. In both overstory trees and seedlings, rates of leaf and fine root NRA were substantially lower than previously reported rates for most woody plants and showed no response to NO 3 − fertilization (range = non-detectable to 33 nmol NO 2 − g −1 h −1 ). Maximal rates of NO 3 − uptake in overstory trees also were low, ranging from 0.2 to 1.0 μmol g −1 h −1 . In seedlings, the mean V max for NO 3 − uptake in fine roots (1 μmol g −1 h −1 ) was approximately 30 times lower than the V max for NH 4 + uptake (33 μmol g −1 h −1 ). Our results suggest that A. saccharum satisfies its N demand through rapid NH 4 + uptake and may have a limited capacity to serve as a direct sink for atmospheric additions of NO 3 − .Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/47695/1/442_2004_Article_BF00334659.pd