Federal Habeas Review of State Prisoner Claims Based on Alleged Violations of Prophylactic Rules of Constitutional Criminal Procedure: Reviving and Extending Stone v. Powell

This is the published version

Warrantless Misdemeanor Arrests and the Fourth Amendment

The United States Supreme Court has never decided whether any aspects of the common law ban on warrantless misdemeanor arrests are required by the Constitution.\u27 In fact, very few courts have said anything significant about the relationship between the Fourth Amendment and the common law rule. This Article will examine the constitutional questions raised by the continuing expansion of the power to make warrantless arrests for misdemeanors

Factoring the Seriousness of the Offense Into Fourth Amendment Equations: Strip Searches in Detention Facilities - Atwater Strikes Again

This article suggests, inter alia, that Atwater can and should be limited, or better yet, overruled, by the adoption of reasonableness and probable cause standards that take into account the seriousness of the offense and make custodial arrests of minor offenders, and searches directed at minor offenders, much more difficult to justify than comparable activities directed at serious offenders

Isolation of viruses responsible for the demise of an Emiliania huxleyi bloom in the English Channel

This study used analytical flow cytometry (AFC) to monitor the abundance of phytoplankton, coccoliths, bacteria and viruses in a transect that crossed a high reflectance area in the western English Channel. The high reflectance area, observed by satellite, was caused by the demise of an Emiliania huxleyi bloom. Water samples were collected from depth profiles at four stations, one station outside and three stations inside the high reflectance area. Plots of transect data revealed very obvious differences between Station 1, outside, and Stations 2–4, inside the high reflectance area. Inside, concentrations of viruses were higher; E. huxleyi cells were lower; coccoliths were higher; bacteria were higher and virus:bacteria ratio was lower than at Station 1, outside the high reflectance area. This data can simply be interpreted as virus-induced lysis of E. huxleyi cells in the bloom causing large concentrations of coccoliths to detach, resulting in the high reflectance observed by satellite imagery. This interpretation was supported by the isolation of two viruses, EhV84 and EhV86, from the high reflectance area that lysed cultures of E. huxleyi host strain CCMP1516. Basic characterization revealed that they were lytic viruses approximately 170 nm–190 nm in diameter with an icosahedral symmetry. Taken together, transect and isolation data suggest that viruses were the major contributor to the demise of the E. huxleyi population in the high reflectance area. Close coupling between microalgae, bacteria and viruses contributed to a large organic carbon input. Consequent cycling influenced the succession of an E. huxleyi-dominated population to a more characteristic mixed summer phytoplankton community

Objective Motion Cueing Criteria for Commercial Transport Simulators

This paper adds data to establish fidelity criteria for the simulator motion system diagnostic test now required during commercial aircraft simulator approval in the United States. Nineteen airline transport pilots flew three tasks under six different motion conditions in an experiment on the NASA Vertical Motion Simulator. The motion conditions allowed refinement of the initial fidelity criteria developed in previous experiments. In line with these previous experiments, the motion condition significantly affected (1) false motion cue pilot ratings, and sink rate and longitudinal deviation at touchdown in the approach and landing task, (2) false motion cue pilot ratings, roll deviations, and maximum pitch rate in the stall task, and (3) false motion cue pilot ratings, heading deviation, and pedal reaction time after an engine failure in the take-off task. Combining data from three experiments, significant differences in pilot-vehicle performance were used to define objective motion cueing criteria boundaries. These fidelity boundaries suggest that some hexapod simulators can possibly produce motion cues with improved fidelity in several degrees of freedom

Refinement of Objective Motion Cueing Criteria Investigation Based on Three Flight Tasks

The objective of this paper is to refine objective motion cueing criteria for commercial transport simulators based on pilots' performance in three flying tasks. Actuator hardware and software algorithms determine motion cues. Today, during a simulator qualification, engineers objectively evaluate only the hardware. Pilot inspectors subjectively assess the overall motion cueing system (i.e., hardware plus software); however, it is acknowledged that pinpointing any deficiencies that might arise to either hardware or software is challenging. ICAO 9625 has an Objective Motion Cueing Test (OMCT), which is now a required test in the FAA's part 60 regulations for new devices, evaluating the software and hardware together; however, it lacks accompanying fidelity criteria. Hosman has documented OMCT results for a statistical sample of eight simulators which is useful, but having validated criteria would be an improvement. In a previous experiment, we developed initial objective motion cueing criteria that this paper is trying to refine. Sinacori suggested simple criteria which are in reasonable agreement with much of the literature. These criteria often necessitate motion displacements greater than most training simulators can provide. While some of the previous work has used transport aircraft in their studies, the majority used fighter aircraft or helicopters. Those that used transport aircraft considered degraded flight characteristics. As a result, earlier criteria lean more towards being sufficient, rather than necessary, criteria for typical transport aircraft training applications. Considering the prevalence of 60-inch, six-legged hexapod training simulators, a relevant question is "what are the necessary criteria that can be used with the ICAO 9625 diagnostic?" This study adds to the literature as follows. First, it examines well-behaved transport aircraft characteristics, but in three challenging tasks. The tasks are equivalent to the ones used in our previous experiment, allowing us to directly compare the results and add to the previous data. Second, it uses the Vertical Motion Simulator (VMS), the world's largest vertical displacement simulator. This allows inclusion of relatively large motion conditions, much larger than a typical training simulator can provide. Six new motion configurations were used that explore the motion responses between the initial objective motion cueing boundaries found in a previous experiment and what current hexapod simulators typically provide. Finally, a sufficiently large pilot pool added statistical reliability to the results

Transfer of Training on the Vertical Motion Simulator

This paper describes a transfer-of-training study in the NASA Ames Vertical Motion Simulator (VMS). Sixty-one general aviation pilots, divided in four groups, trained on four challenging commercial transport tasks with four motion conditions: no motion, small hexapod, large hexapod, and VMS motion. Then, every pilot repeated the tasks with VMS motion to determine if training with different motion conditions had an effect. New objective motion criteria guided the selection of the motion parameters for the small and large hexapod conditions. Considering results that were statistically significant, or marginally, the motion condition used in training affected 1) longitudinal and lateral touchdown location; 2) the number of secondary stall warnings in a stall recovery; 3) pilot ratings of motion utility and maximum load factor obtained in an overbanked upset recovery; and 4) pilot ratings of motion utility and pedal input reaction time in the engine-out-on-takeoff task. Since the motion condition revealed statistical differences on objective measures in all the tasks, even with some in the direction not predicted, trainers should be cautious not to oversimplify the effects of platform motion. Evidence suggests that the new objective motion criteria may offer valid standardization benefits, as instances arose when the higher-fidelity hexapod motion, as predicted by the criteria, provided better cues in training than the lower-fidelity hexapod motion

Objective Motion Cueing Criteria Investigation Based on Three Flight Tasks

This paper intends to help establish fidelity criteria to accompany the simulator motion system diagnostic test specified by the International Civil Aviation Organization. Twelve air- line transport pilots flew three tasks in the NASA Vertical Motion Simulator under four different motion conditions. The experiment used three different hexapod motion configurations, each with a different tradeoff between motion filter gain and break frequency, and one large motion configuration that utilized as much of the simulator's motion space as possible. The motion condition significantly affected: 1) pilot motion fidelity ratings, and sink rate and lateral deviation at touchdown for the approach and landing task, 2) pilot motion fidelity ratings, roll deviations, maximum pitch rate, and number of stick shaker activations in the stall task, and 3) heading deviation after an engine failure in the takeoff task. Significant differences in pilot-vehicle performance were used to define initial objective motion cueing criteria boundaries. These initial fidelity boundaries show promise but need refinement