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Black Lives Matter

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Topaz

ungelesen,
28.08.2017, 07:36:0528.08.17
an

Mr. Man-wai Chang

ungelesen,
30.08.2017, 12:45:1330.08.17
an
On 28/8/2017 7:35 PM, Topaz wrote:
>
> A great YouTube about Black Lives Matter:
>

All lives matter, NOT JUST blacks'!


--
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edrh...@hotmail.com

ungelesen,
30.08.2017, 13:05:5630.08.17
an
On Wednesday, August 30, 2017 at 12:45:13 PM UTC-4, Mr. Man-wai Chang wrote:
> On 28/8/2017 7:35 PM, Topaz wrote:
> >
> > A great YouTube about Black Lives Matter:
> >
>
> All lives matter, NOT JUST blacks'!

This is true, but ALL lives aren't being randomly shot by cops.

Topaz

ungelesen,
30.08.2017, 17:21:2430.08.17
an
On Wed, 30 Aug 2017 10:05:52 -0700 (PDT), edrh...@hotmail.com wrote:


>
>This is true, but ALL lives aren't being randomly shot by cops.

Blacks are not shot randomly by cops but if they are violent
criminals. That should be obvious, The problem is that the media is
run by Jews who hate the White race.

edrh...@hotmail.com

ungelesen,
30.08.2017, 17:56:4330.08.17
an
On Wednesday, August 30, 2017 at 5:21:24 PM UTC-4, Topaz wrote:
> On Wed, 30 Aug 2017 10:05:52 -0700 (PDT), edrh...@hotmail.com wrote:
>
>
> >
> >This is true, but ALL lives aren't being randomly shot by cops.
>
> Blacks are not shot randomly by cops but if they are violent
> criminals. That should be obvious, The problem is that the media is
> run by Jews who hate the White race.


I'd be more impressed by your argument if it wasn't being made by an ignorant sociopath who denies reality under the guise of "Jewish Conspiracy.">

ejay...@yahoo.com

ungelesen,
30.08.2017, 20:06:1930.08.17
an
By the way. Cornel Young Jrs. family might disagree with you.

KWills Shill #3

ungelesen,
31.08.2017, 05:24:3031.08.17
an
On Thu, 31 Aug 2017 00:45:13 +0800, "Mr. Man-wai Chang"
<toylet...@gmail.com> wrote:

>On 28/8/2017 7:35 PM, Topaz wrote:
>>
>> A great YouTube about Black Lives Matter:
>>
>
>All lives matter, NOT JUST blacks'!

On this we can agree.

--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/

Topaz

ungelesen,
31.08.2017, 16:33:2631.08.17
an
On Wed, 30 Aug 2017 14:56:41 -0700 (PDT), edrh...@hotmail.com wrote:

>> Blacks are not shot randomly by cops but if they are violent
>> criminals. That should be obvious, The problem is that the media is
>> run by Jews who hate the White race.
>
>
>I'd be more impressed by your argument if it wasn't being made by an ignorant sociopath who denies reality under the guise of "Jewish Conspiracy.">


I'd be more impressed by your post if you pulled your head out
of a Jews aft end. They control your media.

There was a book in ordinary bookstores called "An Empire of
Their Own". It was a pro-Jewish book but it showed that the Jews ran
Hollywood.

Here are some quotes from a magazine for Jews called "Moment".
It is subtitled "The Jewish magazine for the 90's" These quotes are
from the Aug 1996 edition after the Headline "Jews Run Hollywood - So
What?":

"It makes no sense at all to try to deny the reality of Jewish
power and prominence in popular culture. Any list of the most
influential production executives at each of the major movie studios
will produce a heavy majority of recognizably Jewish names."

"the famous Disney organization, which was founded by Walt
Disney, a gentile Midwesterner who allegedly harbored anti-Semetic
attitudes, now features Jewish personnel in nearly all its most
powerful positions."

"When Matsushita took over MCA-Universal, they did nothing to
undermine the unquestioned authority of Universal's legendary - and
all Jewish - management triad of Lew Wasserman, Sid Scheinberg, and
Tom Pollack."

Here is a quote from Steven Spielberg, "film is the greatest weapon
in the world".

Jewish control of the media:
MORTIMER ZUCKERMAN, owner of NY Daily News, US News & World Report and
chair of the Conference of Presidents of Major Jewish American
Organizations, one of the largest pro-Israel lobbying groups.
LESLIE MOONVES, president of CBS television, great-nephew of David
Ben-Gurion, and co-chair with Norman Ornstein of the Advisory
Committee on Public Interest Obligation of Digital TV Producers,
appointed by Clinton.
JONATHAN MILLER, chair and CEO of AOL division of AOL-Time-Warner
NEIL SHAPIRO, president of NBC News
JEFF GASPIN, Executive Vice-President, Programming, NBC
DAVID WESTIN, president of ABC News
SUMNER REDSTONE, CEO of Viacom, "world's biggest media giant"
(Economist, 11/23/2) owns Viacom cable, CBS and MTVs all over the
world, Blockbuster video rentals and Black Entertainment TV.
MICHAEL EISNER, major owner of Walt Disney, Capitol Cities, ABC.
RUPERT MURDOCH, Owner Fox TV, New York Post, London Times, News of the
World (Jewish mother)
MEL KARMAZIN, president of CBS
DON HEWITT, Exec. Director, 60 Minutes, CBS
JEFF FAGER, Exec. Director, 60 Minutes II. CBS
DAVID POLTRACK, Executive Vice-President, Research and Planning, CBS
SANDY KRUSHOW, Chair, Fox Entertainment
LLOYD BRAUN, Chair, ABC Entertainment
BARRY MEYER, chair, Warner Bros.
SHERRY LANSING. President of Paramount Communications and Chairman of
Paramount Pictures' Motion Picture Group.
HARVEY WEINSTEIN, CEO. Miramax Films.
BRAD SIEGEL., President, Turner Entertainment.
PETER CHERNIN, second in-command at Rupert Murdoch's News. Corp.,
owner of Fox TV
MARTY PERETZ, owner and publisher of the New Republic, which openly
identifies itself as pro-Israel. Al Gore credits Marty with being his
"mentor."
ARTHUR O. SULZBERGER, JR., publisher of the NY Times, the Boston Globe
and other publications.
WILLIAM SAFIRE, syndicated columnist for the NYT.
TOM FRIEDMAN, syndicated columnist for the NYT.
CHARLES KRAUTHAMMER, syndicated columnist for the Washington Post.
Honored by Honest Reporting.com, website monitoring "anti-Israel
media."
RICHARD COHEN, syndicated columnist for the Washington Post
JEFF JACOBY, syndicated columnist for the Boston Globe
NORMAN ORNSTEIN, American Enterprise Inst., regular columnist for USA
Today, news analyst for CBS, and co-chair with Leslie Moonves of the
Advisory Committee on Public Interest Obligation of Digital TV
Producers, appointed by Clinton.
ARIE FLEISCHER, Dubya's press secretary.
STEPHEN EMERSON, every media outlet's first choice as an expert on
domestic terrorism.
DAVID SCHNEIDERMAN, owner of the Village Voice and the New Times
network of "alternative weeklies."
DENNIS LEIBOWITZ, head of Act II Partners, a media hedge fund
KENNETH POLLACK, for CIA analysts, director of Saban Center for Middle
East Policy, writes op-eds in NY Times, New Yorker
BARRY DILLER, chair of USA Interactive, former owner of Universal
Entertainment
KENNETH ROTH, Executive Director of Human Rights Watch
RICHARD LEIBNER, runs the N.S. Bienstock talent agency, which
represents 600 news personalities such as Dan Rather, Dianne Sawyer
and Bill O'Reilly.
TERRY SEMEL, CEO, Yahoo, former chair, Warner Bros.
MARK GOLIN, VP and Creative Director, AOL
WARREN LIEBERFORD, Pres., Warner Bros. Home Video Div. of AOL-
TimeWarner
JEFFREY ZUCKER, President of NBC Entertainment
JACK MYERS, NBC, chief.NYT 5.14.2
SANDY GRUSHOW, chair of Fox Entertainment
GAIL BERMAN, president of Fox Entertainment
STEPHEN SPIELBERG, co-owner of Dreamworks
JEFFREY KATZENBERG, co-owner of Dreamworks
DAVID GEFFEN, co-owner of Dreamworks
LLYOD BRAUN, chair of ABC Entertainment
JORDAN LEVIN, president of Warner Bros. Entertainment
MAX MUTCHNICK, co-executive producer of NBC's "Good Morning Miami"
DAVID KOHAN, co-executive producer of NBC's "Good Morning Miami"
HOWARD STRINGER, chief of Sony Corp. of America
AMY PASCAL, chair of Columbia Pictures
JOEL KLEIN, chair and CEO of Bertelsmann's American operations
ROBERT SILLERMAN, founder of Clear Channel Communications
BRIAN GRADEN, president of MTV entertainment
IVAN SEIDENBERG, CEO of Verizon Communications
WOLF BLITZER, host of CNN's Late Edition
LARRY KING, host of Larry King Live
TED KOPPEL, host of ABC's Nightline
ANDREA KOPPEL, CNN Reporter
PAULA ZAHN, CNN Host
MIKE WALLACE, Host of CBS, 60 Minutes
BARBARA WALTERS, Host, ABC's 20-20
MICHAEL LEDEEN, editor of National Review
BRUCE NUSSBAUM, editorial page editor, Business Week
DONALD GRAHAM, Chair and CEO of Newsweek and Washington Post, son of
CATHERINE GRAHAM MEYER, former owner of the Washington Post
HOWARD FINEMAN, Chief Political Columnist, Newsweek
WILLIAM KRISTOL, Editor, Weekly Standard, Exec. Director
Project for a New American Century (PNAC)
RON ROSENTHAL, Managing Editor, San Francisco Chronicle
PHIL BRONSTEIN, Executive Editor, San Francisco Chronicle,
RON OWENS, Talk Show Host, KGO (ABC-Capitol Cities, San Francisco)
JOHN ROTHMAN, Talk Show Host, KGO (ABC-Capitol Cities, San Francisco)
MICHAEL SAVAGE, Talk Show Host, KFSO (ABC-Capitol Cities, San
Francisco) Syndicated in 100 markets
MICHAEL MEDVED, Talk Show Host, on 124 AM stations
DENNIS PRAGER, Talk Show Host, nationally syndicated from LA. Has
Israeli flag on his home page.
BEN WATTENBERG, Moderator, PBS Think Tank.
ANDREW LACK, president of NBC
DANIEL MENAKER, Executive Director, Harper Collins
DAVID REMNICK, Editor, The New Yorker
NICHOLAS LEHMANN, writer, the New York
HENRICK HERTZBERG, Talk of the Town editor, The New Yorker
SAMUEL NEWHOUSE JR, and DONALD NEWHOUSE own Newhouse Publications,
includes 26 newspapers in 22 cities; the Conde Nast magazine group,
includes The New Yorker; Parade, the Sunday newspaper supplement;
American City Business Journals, business newspapers published in more
than 30 major cities in America; and interests in cable television
programming and cable systems serving 1 million homes.
DONALD NEWHOUSE, chairman of the board of directors, Associated Press.
PETER R KANN, CEO, Wall Street Journal, Barron's
RALPH J. & BRIAN ROBERTS, Owners, Comcast-ATT Cable TV.
LAWRENCE KIRSHBAUM, CEO, AOL-Time Warner Book Group

Topaz

ungelesen,
31.08.2017, 16:41:2731.08.17
an
On Wed, 30 Aug 2017 17:06:17 -0700 (PDT), ejay...@yahoo.com wrote:

>By the way. Cornel Young Jrs. family might disagree with you.

" told him to drop his weapon multiple times, and opened fire when he
did not comply;"

If a cop tells you one time to drop your gun it's a wise move to drop
it. His family should move to Africa to get away from the White
people.

marston shores

ungelesen,
31.08.2017, 17:23:3431.08.17
an
On 8/30/2017 11:45 AM, Mr. Man-wai Chang wrote:
>
> All lives matter, NOT JUST blacks'!

All white lives matter. The lives of the inferior races do not.

marston shores

ungelesen,
31.08.2017, 17:24:0231.08.17
an
On 8/30/2017 4:21 PM, Topaz wrote:
> Blacks are not shot randomly by cops but if they are violent
> criminals. That should be obvious, The problem is that the media is
> run by Jews who hate the White race.

Preach on, brother.

ejay...@yahoo.com

ungelesen,
31.08.2017, 20:08:4031.08.17
an
On 8/30/2017 11:45 AM, Mr. Man-wai Chang wrote:
>
> All lives matter, NOT JUST blacks'!

All white lives matter. The lives of the inferior races do not.
*****
Get your stopwatches out folks, see how long it takes marston to claim this is a forgery!

ejay...@yahoo.com

ungelesen,
31.08.2017, 20:17:2531.08.17
an
On Wed, 30 Aug 2017 17:06:17 -0700 (PDT), ejay...@yahoo.com wrote:

>By the way. Cornel Young Jrs. family might disagree with you.

" told him to drop his weapon multiple times, and opened fire when he
did not comply;"

If a cop tells you one time to drop your gun it's a wise move to drop
it. His family should move to Africa to get away from the White
people.
- show quoted text -
Funny how they saw his gun but not his badge. And we only have the shooters word for it that they followed protocol.

Young's family shouldn't have had to move to Africa, they shouldn't have been brought here against their will! But since they ARE here, they are citizens arnd should be afforded all the rights of citizens.

I tell you what, I'm betting this has taught black cops; if you're off duty, STAY off duty. The cops you go to help will not see your badge.

You know how you can tell "Lethal Weapon" was a fantasy? Not by the stunt work, not by the larger than life plot, you can tell it was a fantasy because a black man, with a gun in his hand, was able to reach into his pocket and show a badge to the white cop holding a gun on him without getting shot! That's how.

KWills Shill #3

ungelesen,
01.09.2017, 05:43:1101.09.17
an
According to Marston, nearly every post he sends out is.

Mr. Man-wai Chang

ungelesen,
01.09.2017, 06:48:5901.09.17
an
"inferior races"? What could it be? Yellow? :)

ejay...@yahoo.com

ungelesen,
01.09.2017, 08:43:2601.09.17
an
On 1/9/2017 5:24 AM, marston shores wrote:
> On 8/30/2017 11:45 AM, Mr. Man-wai Chang wrote:
>>
>> All lives matter, NOT JUST blacks'!
>
> All white lives matter. The lives of the inferior races do not.

"inferior races"? What could it be? Yellow? :)
******
He doesn't discriminate. Black, brown, red, yellow, ALL "non-white" people are "inferior races" in his eyes.

It's really sad, well into the 21st Century and we still have people like this.

Mr. Man-wai Chang

ungelesen,
01.09.2017, 12:00:1601.09.17
an
On 1/9/2017 8:43 PM, ejay...@yahoo.com wrote:
> He doesn't discriminate. Black, brown, red, yellow, ALL "non-white" people are "inferior races" in his eyes.
> It's really sad, well into the 21st Century and we still have people like this.

I think by "inferior races", he/she/it meant "slaves"! Don't we ALL
enjoy using slaves? :)

Topaz

ungelesen,
01.09.2017, 17:03:3701.09.17
an
On Thu, 31 Aug 2017 17:17:23 -0700 (PDT), ejay...@yahoo.com wrote:


> If a cop tells you one time to drop your gun it's a wise move to drop
>it. His family should move to Africa to get away from the White
>people.
>- show quoted text -
>Funny how they saw his gun but not his badge. And we only have the shooters word for it that they followed protocol.

Protocal is to drop your gun when a cop says drop your gun. It's that
simple and there is no need to add hot air to it.


>
>Young's family shouldn't have had to move to Africa, they shouldn't have been brought here against their will! But since they ARE here, they are citizens arnd should be afforded all the rights of citizens.

We should have a nation for White people and not be ruled over by Jews
who hate us.

>
>I tell you what, I'm betting this has taught black cops; if you're off duty, STAY off duty. The cops you go to help will not see your badge.
>
>You know how you can tell "Lethal Weapon" was a fantasy? Not by the stunt work, not by the larger than life plot, you can tell it was a fantasy because a black man, with a gun in his hand, was able to reach into his pocket and show a badge to the white cop holding a gun on him without getting shot! That's how.

Blacks always blame stuff on Whites. They have their million man
march and so on. They should be wanting to get away from White people
by having their own country.

marston shores

ungelesen,
01.09.2017, 19:33:0201.09.17
an
On 8/31/2017 7:08 PM, ejay...@yahoo.com wrote:
> Get your stopwatches out folks, see how long it takes marston to claim this is a forgery!

It is. It's obvious.

Did you forge it?

marston shores

ungelesen,
01.09.2017, 19:33:5101.09.17
an
On 8/31/2017 7:17 PM, ejay...@yahoo.com wrote:
> Funny how they saw his gun but not his badge.

Funny how he was too fucked up to do as commanded. Typical nigger.

And somehow it's the white man's fault.

marston shores

ungelesen,
01.09.2017, 19:34:2801.09.17
an
On 9/1/2017 4:44 AM, KWills Shill #3 wrote:
> According to Marston, nearly every post he sends out is.

You forge my posts a lot. Ed is now doing it to take the heat off you.

marston shores

ungelesen,
01.09.2017, 19:35:0501.09.17
an
On 9/1/2017 7:43 AM, ejay...@yahoo.com wrote:
> It's really sad, well into the 21st Century and we still have people like this.

What is sad is that more don't shout the truth that whites are the
master race.

ejay...@yahoo.com

ungelesen,
01.09.2017, 20:15:4801.09.17
an
*****
No. If it's so obvious, present the evidence that it's forged. Otherwise, you own it.

KWills Shill #3

ungelesen,
02.09.2017, 05:41:3402.09.17
an
On Fri, 1 Sep 2017 18:49:00 +0800, "Mr. Man-wai Chang"
<toylet...@gmail.com> wrote:

>On 1/9/2017 5:24 AM, marston shores wrote:
>> On 8/30/2017 11:45 AM, Mr. Man-wai Chang wrote:
>>>
>>> All lives matter, NOT JUST blacks'!
>>
>> All white lives matter. The lives of the inferior races do not.
>
>"inferior races"? What could it be? Yellow? :)

In Marston's view, those who are Asian are somehow inferior.
Considering the computer he uses to spew his hate likely came from
Japan, his rants border on funny.

KWills Shill #3

ungelesen,
02.09.2017, 05:41:5102.09.17
an
On the plus side, I don't think Marston will be breeding. His
hate will not be taught to his children.

KWills Shill #3

ungelesen,
02.09.2017, 05:42:2302.09.17
an
On Sat, 2 Sep 2017 00:00:14 +0800, "Mr. Man-wai Chang"
<toylet...@gmail.com> wrote:

>On 1/9/2017 8:43 PM, ejay...@yahoo.com wrote:
>> He doesn't discriminate. Black, brown, red, yellow, ALL "non-white" people are "inferior races" in his eyes.
>> It's really sad, well into the 21st Century and we still have people like this.
>
>I think by "inferior races", he/she/it meant "slaves"! Don't we ALL
>enjoy using slaves? :)

I don't own a slave. I never have. Going back through the family
tree, no one on either side of my family has. If one could go back far
enough, they might find Tuk Tuk enslaved Ugh Ugh and forced him to
sweep out the cave.
Wait. My older sister did once offer to be my slave for a day
when we were kids. I had a candy bar she wanted. As I recall, I made
her make my bed. But that was all. I emancipated her after that.

darkwv...@gmail.com

ungelesen,
02.09.2017, 06:08:1402.09.17
an
Only Nomen Nescio's life matters. He is God himself. You must all bow down and worship!

marston shores

ungelesen,
02.09.2017, 09:35:0402.09.17
an
On 9/1/2017 7:15 PM, ejay...@yahoo.com wrote:
> No.

You are. Your demons are helping Kenty's.


>If it's so obvious, present the evidence that it's forged.

I did. Your lying is more proof.

marston shores

ungelesen,
02.09.2017, 09:35:2702.09.17
an
On 9/2/2017 4:42 AM, KWills Shill #3 wrote:
> In Marston's view

Are you serious?


http://www.iowacourts.state.ia.us
http://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )

http://www.doc.state.ia.us/InmateInfo.asp?OffenderCd=1155768

Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD = Tentative Discharge Date * SDD = Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003

http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-0202.asp?search=+Kent+Wills+#_1

IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005

STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.

Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.

Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.

WIGGINS, Justice.

Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills' trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.

I. Background Facts and Proceedings.

Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident's neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor's residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor's attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor's
driveway.

The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner's daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor's parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.

The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.

The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.

II. Scope of Review.

Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills' ineffective-
assistance-of-counsel claims on direct appeal.

In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when "there is a reasonable probability that, but
for the counsel's unprofessional errors, the result of the proceeding
would have been different." State v. Hopkins, 576 N.W.2d 374, 378
(Iowa 1998) (quoting Strickland, 466 U.S. at 694, 104 S. Ct. at 2068,
80 L. Ed. 2d at 698). Wills' arguments also raise issues of statutory
interpretation, which we review for correction of errors at law.
State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004).

III. Analysis.

To find Wills guilty of burglary in the second degree, the State had
to prove Wills perpetrated a burglary "in or upon an occupied
structure in which one or more persons are present . . . ." Iowa Code
§ 713.5(2) (2003) (emphasis added).

In this appeal, Wills first contends his trial counsel was ineffective
for failing to move for a judgment of acquittal on the basis there was
insufficient evidence to support a finding that at the time Wills
entered the garage, there were persons present in or upon the occupied
structure. Wills concedes the garage was an occupied structure, but
argues the living quarters and the attached garage are separate and
independent occupied structures; therefore, the jury could not have
found there were people present in the attached garage at the time of
the burglary.

The Code defines an "occupied structure" as:

[A]ny building, structure, appurtenances to buildings and structures,
land, water or air vehicle, or similar place adapted for overnight
accommodation of persons, or occupied by persons for the purpose of
carrying on business or other activity therein, or for the storage or
safekeeping of anything of value. Such a structure is an "occupied
structure" whether or not a person is actually present.

Id. § 702.12.

Wills relies on State v. Smothers, 590 N.W.2d 721 (Iowa 1999), to
argue the garage and the living quarters are separate and independent
occupied structures. In Smothers, two separate and distinct
businesses connected by interior fire doors were operated in the same
structure. 590 N.W.2d at 723. We held the defendant committed two
burglaries by entering each business because "[t]he facility's
construction history and physical make-up demonstrate that the
portions are independent working units which constitute '[a]
combination of materials to form a construction for occupancy [or]
use.'" Id. Smothers is not at odds with the present case because the
living quarters and the garage are not separate or independent units
of the residence.

Our review of the record reveals the garage in question was a three-
car attached garage separated from the living quarters by a door. The
same roof covered the garage as the rest of the residence. The living
quarters surrounded the garage on two sides. It was structurally no
different from any other room in the residence.

The garage was a functional part of the residence. On the night of
the incident, the door was unlocked. The owner of the residence used
two stalls in the garage to park the family vehicles. The owner used
the third stall for his motorcycle. As such, the garage and the
living quarters are a single "structure" or "building" functioning as
an integral part of the family residence. Thus, the residence
including the garage is a single "occupied structure" under section
702.12. See, e.g., People v. Ingram, 48 Cal. Rptr. 2d 256 (Ct. App.
1995) (holding defendant's entry into an attached garage constituted
first-degree burglary because the garage was attached to the house;
therefore, burglary of the garage was burglary of an inhabited
dwelling house); People v. Cunningham, 637 N.E.2d 1247, 1252 (Ill.
App. Ct. 1994) (holding "ordinarily an attached garage is a 'dwelling'
because it is part of the structure in which the owner or occupant
lives"); State v. Lara, 587 P.2d 52, 53 (N.M. Ct. App. 1978) (holding
"burglary of the [attached] garage was burglary of the dwelling house
because the garage was a part of the structure used as living
quarters"); People v. Green, 141 A.D.2d 760, 761 (N.Y. App. Div. 1988)
(holding "[s]ince the garage in the present case was structurally part
of a building which was used for overnight lodging of various persons,
it must be considered as part of a dwelling"); White v. State, 630 S.W.
2d 340, 342 (Tex. Ct. App. 1982) (holding an attached garage under the
same roof as the home would be considered a habitation within the
purview of the penal code because the garage is a structure
appurtenant to and connected to the house); State v. Murbach, 843 P.2d
551, 553 (Wash. Ct. App 1993) (holding the definition of a dwelling
under Washington's burglary statute included an attached garage).

Had Wills' trial counsel moved for a judgment of acquittal on the
basis there was insufficient evidence to support a finding that at the
time Wills entered the garage there were no persons present in or upon
the occupied structure, it would have been overruled by the court
because the owner and his family were present in the residence at the
time of the burglary.

Wills also claims his counsel was ineffective for failing to object to
the jury instruction used by the district court on the same ground;
that the living quarters were a separate and independent occupied
structure from the attached garage. The instruction as given stated:

The State must prove all of the following elements of Burglary in the
Second Degree as to Count I:

1. On or about the 12th day of August, 2003, the defendant or someone
he aided and abetted broke into or entered the residence at . . . .

2. The residence at . . . was an occupied structure as defined in
Instruction No. 29.

3. The defendant or the person he aided and abetted did not have
permission or authority to break into the residence at . . . .

4. The defendant or the person he aided and abetted did so with the
specific intent to commit a theft therein.

5. During the incident persons were present in or upon the occupied
structure.

If the State has proved all of the elements, the defendant is guilty
of Burglary in the Second Degree. If the State has failed to prove
any of the elements, the defendant is not guilty of Burglary in the
Second Degree and you will then consider the charge of Attempted
Burglary in the Second Degree explained in Instruction No. 21.

(Emphasis added.)

Wills' claim is without merit. As we have discussed, the residence is
the one and only "occupied structure" under the facts of this case.
Had Wills' trial counsel made this objection to the instruction, it
would have been overruled.

Therefore, Wills' trial counsel is not ineffective for failing to move
for a judgment of acquittal or objecting to the instruction because
there was no legal basis for the motion or objection. See State v.
Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was
not ineffective for failing to raise an issue that has no merit).

IV. Disposition.

We affirm the judgment of the district court because Wills' trial
counsel was not ineffective for failing to raise meritless issues.

AFFIRMED.

marston shores

ungelesen,
02.09.2017, 09:35:5002.09.17
an
On 9/2/2017 4:43 AM, KWills Shill #3 wrote:
> On the plus side

marston shores

ungelesen,
02.09.2017, 09:36:4202.09.17
an
On 9/2/2017 4:43 AM, KWills Shill #3 wrote:
> I don't own a slave.

You own an inferior Mexcrement.

BDK

ungelesen,
02.09.2017, 09:50:0602.09.17
an
In article <ooec57$1lpj$4...@gioia.aioe.org>, k...@of.fire says...
>
> On 9/2/2017 4:43 AM, KWills Shill #3 wrote:
> > I don't own a slave.
>
> You own an inferior Mexcrement.

You are just inferior, period.

--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.

ejay...@yahoo.com

ungelesen,
02.09.2017, 13:19:5702.09.17
an
*****
No. You continue to post KENT Wills arrest record, but you have posted NOTHING to prove that K. Wills is Kent Wills.

KWills Shill #3

ungelesen,
02.09.2017, 13:59:5302.09.17
an
Some day Marston will come to accept the reality that he can't
prove any of his lies to be the truth. Some day.

marston shores

ungelesen,
03.09.2017, 08:15:5103.09.17
an
On 9/2/2017 8:49 AM, BDK wrote:

> You are just inferior, period.
>

You're going to Hell for that!

marston shores

ungelesen,
03.09.2017, 08:19:2503.09.17
an
On 9/2/2017 12:19 PM, ejay...@yahoo.com wrote:
> No. You continue to post KENT Wills arrest record, but you have posted NOTHING to prove that K. Wills is Kent Wills.


Seek Bob to save you from your demonic life.

https://www.boblarson.org/religious-events/

marston shores

ungelesen,
03.09.2017, 08:20:1503.09.17
an
On 9/2/2017 1:01 PM, KWills Shill #3 wrote:
> Some day Marston will come to accept the reality that

Bob is the way to Salvation.

I did. When will you?

https://www.boblarson.org/religious-events/

Mr. Man-wai Chang

ungelesen,
03.09.2017, 10:58:0303.09.17
an
On 3/9/2017 8:16 PM, marston shores wrote:
>
> You're going to Hell for that!

Watch out! You are/were cursing someone. And that might require you to
pay....

marston shores

ungelesen,
03.09.2017, 11:08:5703.09.17
an
On 9/3/2017 9:58 AM, Mr. Man-wai Chang wrote:
> On 3/9/2017 8:16 PM, marston shores wrote:
>>
>> You're going to Hell for that!
>
> Watch out! You are/were cursing someone. And that might require you to
> pay....
>

I have the authority of The Holy Spirit to curse people. You are a gook
and will be cast into the lake of fire for being part of an inferior race.

The Holy Spirit confirms I speak only the truth.

Mr. Man-wai Chang

ungelesen,
03.09.2017, 11:43:2703.09.17
an
On 3/9/2017 11:10 PM, marston shores wrote:
>
> I have the authority of The Holy Spirit to curse people. You are a gook
> and will be cast into the lake of fire for being part of an inferior race.
>
> The Holy Spirit confirms I speak only the truth.

It's pointless to curse people. You should save energy and just leave
the discussion.

You don't need to curse. Just a suggestion! :)

BDK

ungelesen,
03.09.2017, 15:30:5303.09.17
an
In article <oogrpa$1e66$2...@gioia.aioe.org>, k...@of.fire says...
>
> On 9/2/2017 8:49 AM, BDK wrote:
>
> > You are just inferior, period.
> >
>
> You're going to Hell for that!

For posting the truth? I doubt it. But I doubt all your nonsense anyway.

I figured out it was a fairy tale a long long time ago.

BDK

ungelesen,
03.09.2017, 15:32:0303.09.17
an
In article <oogs1j$1ehn$2...@gioia.aioe.org>, k...@of.fire says...
Bob is a criminal. You are a follower of that criminal. You have to be
really gullible to go under the spell of a known crook.

KWills Shill #3

ungelesen,
03.09.2017, 19:46:4903.09.17
an
On Sun, 3 Sep 2017 15:31:56 -0400, BDK <Con...@Worldcontrol.com>
wrote:

>In article <oogs1j$1ehn$2...@gioia.aioe.org>, k...@of.fire says...
>>
>> On 9/2/2017 1:01 PM, KWills Shill #3 wrote:
>> > Some day Marston will come to accept the reality that
>>
>> Bob is the way to Salvation.
>>
>> I did. When will you?
>>
>> https://www.boblarson.org/religious-events/
>
>Bob is a criminal. You are a follower of that criminal. You have to be
>really gullible to go under the spell of a known crook.

Cults can really mess with a person's head. Marston is absolute
PROOF of this.

marston shores

ungelesen,
04.09.2017, 15:48:0804.09.17
an
On 9/3/2017 10:43 AM, Mr. Man-wai Chang wrote:
> You don't need to curse. Just a suggestion!

Shut up gook! You have no right to address me!

marston shores

ungelesen,
04.09.2017, 15:49:2304.09.17
an
On 9/3/2017 2:30 PM, BDK wrote:
> For posting the truth?

I decide what is truth. And you do not post the truth.

Bob's salvation is just a skype call away. Will you make that call?
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