Meaningful Access for Indigents on Death Row: Giarratano v. Murray and the Right to Counsel in Post-conviction Proceedings

In 1932 the United States Supreme Court held that the states must provide free legal counsel to indigent defendants in capital cases.\u27 Since then the Court has continued to define the scope of an indigent death row defendant\u27s right to counsel at various critical stages of the defendant\u27s trial and appeal. Following a direct appeal to the state court of appeals and state supreme court, an inmate on death row may seek a writ of certiorari from the United States Supreme Court. A prisoner is not entitled to state appointed counsel for that action. Next, the defendant may seek post-conviction relief in state court or in federal court if state remedies have been exhausted. Until recently,however, the question remained whether the Constitution provides indigent death row inmates with state appointed counsel and financial assistance in postconviction proceedings that collaterally attack the validity of a conviction, such as habeas corpus actions brought in state and federal court. Under constitutional law and statutory provisions, capital defend-ants are entitled to pursue certain postconviction remedies; nevertheless, an indigent death row inmate traditionally has not been entitled to a state appointed lawyer for these proceedings. In Giarratano v. Murray the Supreme Court held that an individual appointment of an attorney to represent an indigent death row defendant throughout the process is not constitutionally required to fulfill the right of meaningful access to the courts. Prior to Giarratano several district courts and circuit courts of appeals had disagreed over the scope of the right of access and the necessity for attorney assistance or appointment.\u27 The United States Supreme Court has recognized that prisoners have a constitutional right of access to the courts. The scope of that right provides one rationale for determining whether indigent defend-ants on death row are entitled to state appointed counsel for the purpose of pursuing postconviction remedies.\u270 This issue is especially relevant to inmates on death row because of the severity and finality of the sentence

Deep ocean disposal of sewage sludge off Orange County, California: a research plan

Even though the discharge of sludge into the ocean via an outfall is not now permitted, this research plan has been prepared to show what could be learned with a full scale experimental sludge discharge of 150 dry tons/day by the County Sanitation Districts of Orange County into deep water (over 1000 feet). To provide a wide range of inputs and evaluation, a broad-based Research Planning Committee was established to advise the Environmental Quality Laboratory on the overall content and details of the research plan. Two meetings were held at EQL on: March 4-5, 1982: The entire Committee July 19-20, 1982: A working subgroup of the Committee The entire Committee is listed in Appendix B, with footnotes to indicate meeting attendance. Those unable to come to a meeting were asked to comment on the drafts by mail or telephone. We gratefully acknowledge the members of the Research Planning Committee for their generous help in formulating the research tasks and reviewing report drafts

Impact of the U.S. Export Enhancement Program on the World Wheat Market,The

The U.S. Export Enhancement Program (EEP) was built into the 1985 U.S. Food Security Act with a major objective being to increase sales of U.S. agricultural commodities. Through the EEP, the U.S. government subsidizes exports of agricultural commodities to targeted countries. The EEP was applied to the majority of U.S. wheat sales n 1987/88 and 1988/89. Coincident with the 1985 act and EEP legislation, U.S. wheat exports have increased significantly. This study uses a nonspatial, partial equilibrium model of world wheat trade to analyze the impact of the EEP on U.S. wheat exports and share of world wheat trade. The study indicates that the effect of the EEP on the wheat market over the period 1986/87 to 1988/89 has been a large displacement of commercial wheat sales (87-92%), with export additionally due to the EEP being only 8-13%. The impact of the EEP on other exporters\u27 wheat trade and importer demand has been small relative to the magnitude of total EEP sales

Ambulatory monitoring of activity levels of individuals in the sub-acute stage following stroke: a case series

<p>Abstract</p> <p>Background</p> <p>There is an important need to better understand the activities of individual patients with stroke outside of structured therapy since this activity is likely to have a profound influence on recovery. A case-study approach was used to examine the activity levels and associated physiological load of patients with stroke throughout a day.</p> <p>Methods</p> <p>Activities and physiologic measures were recorded during a continuous 8 hour period from 4 individuals in the sub-acute stage following stroke (ranging from 49 to 80 years old; 4 to 8 weeks post-stroke) in an in-patient rehabilitation hospital.</p> <p>Results</p> <p>Both heart rate (p = 0.0207) and ventilation rate (p < 0.0001) increased as intensity of activity increased. Results revealed individual differences in physiological response to daily activities, and large ranges in physiological response measures during 'moderately' and 'highly' therapeutic activities.</p> <p>Conclusion</p> <p>Activity levels of individuals with stroke during the day were generally low, though task-related changes in physiologic measures were observed. Large variability in the physiological response to even the activities deemed to be greatest intensity suggests that inclusion of such extended measurement of physiologic measures may improve understanding of physiological profile that could guide elements of the physical therapy prescription.</p

Book Reviews

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/66290/1/j.1752-7325.1985.tb01140.x.pd

Availability and Utilization of Malaria Prevention Strategies in Pregnancy in Eastern India

BACKGROUND. Malaria in pregnancy in India, as elsewhere, is responsible for maternal anemia and adverse pregnancy outcomes such as low birth weight and preterm birth. It is not known whether prevention and treatment strategies for malaria in pregnancy (case management, insecticide-treated bednets, intermittent preventive therapy) are widely utilized in India. METHODS. This cross-sectional study was conducted during 2006-2008 in two states of India, Jharkhand and Chhattisgarh, at 7 facilities representing a range of rural and urban populations and areas of more versus less stable malaria transmission. 280 antenatal visits (40/site) were observed by study personnel coupled with exit interviews of pregnant women to assess emphasis upon, availability and utilization of malaria prevention practices by health workers and pregnant women. The facilities were assessed for the availability of antimalarials, lab supplies and bednets. RESULTS. All participating facilities were equipped to perform malaria blood smears; none used rapid diagnostic tests. Chloroquine, endorsed for chemoprophylaxis during pregnancy by the government at the time of the study, was stocked regularly at all facilities although the quantity stocked varied. Availability of alternative antimalarials for use in pregnancy was less consistent. In Jharkhand, no health worker recommended bednet use during the antenatal visit yet over 90% of pregnant women had bednets in their household. In Chhattisgarh, bednets were available at all facilities but only 14.4% of health workers recommended their use. 40% of the pregnant women interviewed had bednets in their household. Only 1.4% of all households owned an insecticide-treated bednet; yet 40% of all women reported their households had been sprayed with insecticide. Antimalarial chemoprophylaxis with chloroquine was prescribed in only 2 (0.7%) and intermittent preventive therapy prescribed in only one (0.4%) of the 280 observed visits. CONCLUSIONS. A disconnect remains between routine antenatal practices in India and known strategies to prevent and treat malaria in pregnancy. Prevention strategies, in particular the use of insecticide-treated bednets, are underutilized. Gaps highlighted by this study combined with recent estimates of the prevalence of malaria during pregnancy in these areas should be used to revise governmental policy and target increased educational efforts among health care workers and pregnant women.United States Agency for International Development/India mission (cooperative agreement GHS-A-00-03-00020-00); National Institute of Allergy and Infectious Disease (R03 HD52167-01); Indian National Institute of Malaria Research; Indo-US Program for Contraception and Reproductive Health Researc