Death by Default: State Procedural Default Doctrine in Capital Cases

Before 1991, South Carolina capital defendants benefitted from lenient policies of error preservation. However, in 1991 the South Carolina Supreme Court put an end to these policies and began enforcing default rules that are more draconian than those of any other American jurisdiction with a death penalty. Furthermore, the South Carolina Supreme Court’s decisions have made it difficult for trial practitioners to discern the rules under which they must operate. Taken in combination, the strictness of the new procedural policy, the lack of clarity regarding the applicable rules, and the South Carolina Supreme Court’s often ad hoc approach to enforcing the rules severely inhibit consideration of capital defendants’ rights. Moreover, the current situation wastes an enormous amount of time and money. This Article explores the problems with the current situation and proposes a partial solution. Part II of this Article describes South Carolina’s most frequently applied procedural rules. Part III then outlines the history and philosophy underlying procedural requirements at trial. Next, Part IV examines the evolution of the South Carolina Supreme Court’s treatment of procedural issues in capital cases and attempts to discern the proper balance between the state’s interest in finality and efficient administration of its criminal laws, and the capital defendant’s interest in receiving a fair trial. Part V then details the court’s current application of the contemporaneous objection rule, using recent case law as a guide. Finally, Part VI advocates the adoption of a plain error rule to address egregious errors in capital cases

Death by Default: State Procedural Default Doctrine in Capital Cases

Before 1991, South Carolina capital defendants benefitted from lenient policies of error preservation. However, in 1991 the South Carolina Supreme Court put an end to these policies and began enforcing default rules that are more draconian than those of any other American jurisdiction with a death penalty. Furthermore, the South Carolina Supreme Court’s decisions have made it difficult for trial practitioners to discern the rules under which they must operate. Taken in combination, the strictness of the new procedural policy, the lack of clarity regarding the applicable rules, and the South Carolina Supreme Court’s often ad hoc approach to enforcing the rules severely inhibit consideration of capital defendants’ rights. Moreover, the current situation wastes an enormous amount of time and money. This Article explores the problems with the current situation and proposes a partial solution. Part II of this Article describes South Carolina’s most frequently applied procedural rules. Part III then outlines the history and philosophy underlying procedural requirements at trial. Next, Part IV examines the evolution of the South Carolina Supreme Court’s treatment of procedural issues in capital cases and attempts to discern the proper balance between the state’s interest in finality and efficient administration of its criminal laws, and the capital defendant’s interest in receiving a fair trial. Part V then details the court’s current application of the contemporaneous objection rule, using recent case law as a guide. Finally, Part VI advocates the adoption of a plain error rule to address egregious errors in capital cases

Effects of morphology on phonons of nanoscopic silver grains

The morphology of nanoscopic Ag grains significantly affects the phonons. Atomistic simulations show that realistic nanograin models display complex vibrational properties. (1) Single-crystalline grains. Nearly-pure torsional and radial phonons appear at low frequencies. For low-energy, faceted models, the breathing mode and acoustic gap (lowest frequency) are about 10% lower than predicted by elasticity theory (ET) for a continuum sphere of the same volume. The sharp edges and the atomic lattice split the ET-acoustic-gap quintet into a doublet and triplet. The surface protrusions associated with nearly spherical, high-energy models produce a smaller acoustic gap and a higher vibrational density of states (DOS) at frequencies \nu<2 THz. (2) Twined icosahedra. In contrast to the single-crystal case, the inherent strain produce a larger acoustic gap, while the core atoms yield a DOS tail extending beyond the highest frequency of single-crystalline grains. (3) Mark's decahedra, in contrast to (1) and (2), do not have a breathing mode; although twined and strained, do not exhibit a high-frequency tail in the DOS. (4) Irregular nanograins. Grain boundaries and surface disorder yield non-degenerate phonon frequencies, and significantly smaller acoustic gap. Only these nanograins exhibit a low-frequency \nu^2 DOS in the interval 1-2 THz.Comment: Version published in Phys. Rev.

Diffusion mechanisms for silicon di-interstitials

Tight-binding molecular dynamics and density-functional simulations on silicon seeded with a di-interstitial reveal its detailed diffusion mechanisms. The lowest-energy di-interstitial performs a translation/rotation diffusion-step with a barrier of 0.3 eV and a prefactor of 11 THz followed by a reorientation diffusion step with a 90 meV barrier and a 2300 THz prefactor. The intermediate reorientation steps allow di-interstitials to diffuse isotropically along all possible bond directions in the diamond lattice. The dominating diffusion barrier of 0.3 eV is not inconsistent with the experimental value of 0.6±0.2 eV. In addition, this lowest energy di-interstitial may diffuse to neighboring sites through an intermediate structure which is the bound state of two single interstitials. The process in which migrating single interstitials combine into a di-interstitial is exothermic with almost zero energy barrier

Toxicity of intraperitoneal bisulfite

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/117086/1/cpt196893328.pd

CORRELATION BETWEEN IMPAIRMENT AND MOTOR PERFORMANCE DURING REACHING TASKS IN SUBJECTS WITH SPASTIC HEMIPARESIS

Objective: The main purposes of this study were to examine, in subjects with chronic hemiparesis following a stroke: (i) the correlations between tests of muscle tone, stiffness, spasticity, paresis and co-contraction, and (ii) the correlations of these tests and measurements of impairment to upper extremity motor performance. Design: Prospective, cross-sectional, correlation matrix using sample of convenience. Subjects: Thirteen subjects with chronic hemiparesis secondary to a cerebrovascular accident (stroke) were tested. Methods: Subjects were assessed using the Fugl-Meyer Upper Extremity Motor Assessment, modified Ashworth scale, deep tendon reflexes, and muscle characteristics that included quantification of muscle stiffness, paresis and co-contraction during a voluntary reaching task and during passive movements. Surface electromyographic and myotonometric muscle stiffness data were obtained during movement trials. Results: Biceps and triceps brachii muscle paresis and excess biceps brachii co-contraction during voluntary reaching had the highest correlations to decreased motor performance. Muscle tone measurements did not have significant correlations to upper extremity performance. Conclusion: Paresis of elbow flexors and extensors and excess co-contraction of the biceps brachii during voluntary reaching appear to be most predictive of upper extremity motor performance. Results are discussed in relation to the specific challenges these findings pose for spastic paresis clinical management