Odie

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Posts posted by Odie

  4. Posted · Edited by Odie

    No worse than the guy who named his daughter Sarah McCain Palin Ciptak behind his wife's back after they had already agreed to name the baby Ava Grace Ciptak. The dumbest thing about it was his reason. He wanted to 'get the word out' about the McCain/Palin campaign (three weeks before election day).

     

    I hope daddy is enjoying sleeping alone on the couch or either working a second job to cover court costs to pay for a name change :)

    You can get the name change on the birth certificate without costing a dime after the birth of the baby. Many parents do change their minds on the name, and there are misspellings. They can go to the hospital where the baby was born at have it done for free, because they are responsible to make sure the name is spelled correctly before spending the information off to the county and Social Security. Once the birth certificate has the real name changed the other documents are also free.

  14. Posted

    What assumption did I make?

     

    By saying the ball could have thrown in the yard by accident. I never said the ball was thrown in by accident.

     

    Doesn't change the fact that it meets the statutory definition for trespass; I'm not saying people are arrested for it on a regular basis.

     

    CHAPTER 2911: ROBBERY, BURGLARY, TRESPASS AND SAFECRACKING

    2911.21 Criminal trespass.

    (A) No person, without privilege to do so, shall do any of the following:

     

    (1) Knowingly enter or remain on the land or premises of another;

     

    (2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;

     

    (3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;

     

    (4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.

     

    (:congrats: It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.

     

    © It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.

     

    (D) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.

     

    (E) As used in this section, “land or premises” includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.

     

    Effective Date: 04-08-2004

     

    2911.211 Aggravated trespass.

    (A) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him.

     

    (:inlove: Whoever violates this section is guilty of aggravated trespass, a misdemeanor of the first degree.

     

    This is the law in Ohio. It states that the person not objects trespass.

     

    Yet, boys, sorry teenagers are still boys, will throw balls. Balls will get thrown into their yards all the time yet I have never heard of someone calling a boy throwing ball into a yard regardless of the intent called trespassing.

     

    Hypothetically, suppose you had a neighbor that shot arrows or hit golf balls that went through the air just above your yard and landed in the vacant field next door. Since it doesn't touch your soil does that mean you're not burdened at all by the neighbors actions? (Invasion of your space)

     

    But is it against the law? How far does personal space go? Over one's house or within few feet of the person? Now if arrows are landing in my yard I could call it endangerment which there are laws on book for it. Since your example was landing into vacant field it still might be called endangerment if balls did land in the vacant field. Yet this example is not tresspassing, but endanagerment.

     

    Or how about a neighbor that painted in their yard and spray paint come over and coated your plants and grass or soot or chemicals etc drifted over? (objects - as in paint particles)

     

    I would take pictures of the damage. Then determine cost of the damage either by cleaning or replace damaged plants and grass. I would go over to the neighbor and show him what happen when he spray painted in his yard and asking pay for the damages. If the neighbor doesn't pay for the damages I can take them to small claim court and have a good chance of winning. This is not trespassing, but property damage.

  16. Posted · Edited by Odie

    UH, you are making a lot assumptions even from my own article.

     

    Depending on the statute of the state - throwing objects onto people's property does count as trespassing.

     

    I find that hard to believe.

     

    Granted, there is more to the story than can be gleaned from the article but it is apparent this is an ongoing problem and not all the neighbors agree with arresting the woman.

    No one wanted the woman arrested even the police. All of them wanted the ball given back.

     

    I

    also have to wonder why the kid didn't go after the ball - was there a fence or a dog - I mean an 89 year old woman isn't going to beat a teenager in a foot race to the ball. So there had to be some circumstance for them to leave the ball there.

     

    Good point.

     

    The mere fact that it is on ongoing issue makes me doubt the ball went in her yard by accident. And it's obvious at least one parent isn't trying to keep her kids from the woman's yard. This parent says on her myspace page - (yeah there's a link to it on another website) that she has a problem with authority and she sounds pretty full of herself.

     

    I read her Myspace page and she said other believe that she has a problem with authority. Without knowing the person I don't know if she is full of herself. She bring good points on her blog.

     

    I also suspect, given the ongoing nature of the problem, an apology from the kid would have been meaningless since he obviously intended to do it again. Her words suggest the youths' may have been doing more than just throwing the ball but also taunting or making a sport of harassing her. If this was the first time it happened it would be different - the same as if it were a small child rather than a teenager.

     

    We don't know the nature of the on going problems and how they have been going on.

     

    If one of my neighbors told me to keep my kids out of her yard (including throwing objects into her yard) I would tell them to stay away from her yard. And I would call the neighbor and ask for the ball back before I called the police.

     

    I would have done the same. But boys will boys and they will throw the ball around. If they don't have a park that is near by where are kids going to play. There is always the video games.

     

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    I am more bother with the fact these 2 neighbors can't get along. It has come done someone calling the police over a ball. Maybe did it on youth intended to throw it in yard or not. The fact they can't live with each is far more troubling in my opinion. My father is his mid 70's and is in similar situations, but he handles if far differently with better results. Every single ball get he returns to the parents and have a friendly chat. When my father got the flu last year it was the same parents who look after my father. I really hope the judge drops the charges.

     

    http://media.www.rwcactivist.com/media/sto...e-2897109.shtml

  17. Posted

    Ball could be thrown in her yard by accident. The boy did not go in her yard and get the ball which would have been trespassing. She did not get arrest because of the father. She got arrested after the police asked her to return the ball with a promise to appear in court, and after she refused she got arrested. This was not the first time she has done with other balls that landed in her yard. There is on going problem where children can play.

     

    The elder women does not own the ball. She could have let the boy get it with an apology from the boy now she is facing 6 months in jail with $1,000 dollar fine.

     

    88-Year-Old Woman Arrested For Taking A Ball

    Reported by: Adam Marshall

    Photographed By: Adam Marshall

    Web Produced By: Megan Wasmund

    Last Update: 5:46 pm

     

    (Adam Marshall, 9News) She took a teenager's ball and wouldn't give it back. Now 88-year-old Edna Jester from Blue Ash is facing charges.

     

    "I said go ahead and arrest me. Handcuff me if you'd like, because I said I'm not guilty of anything," said Jester.

     

    Thursday, Blue Ash Police arrested Jester for petty theft after taking her teenage neighbor's football that was in her yard.

    The incident was caught on tape by people across the street who support Jester.

     

    "Taken down and interrogated, a (near) 90 year-old lady. It almost hits home like this is the United States, this can't happen and this is absolutely ridiculous," said neighbor Kevin Pike.

     

    Kelly Tanis has five children and says Jester has taken balls from her children before. So she called the police.

     

    "This time it was a ball that my son had just bought with his own money. He works and he makes his own money, and he bought that ball, and six days later she took it."

     

    Blue Ash Police say they didn't want to arrest Jester. Instead, they just wanted her to give the ball back.

     

    Jester says that wasn't going to happen.

     

    "I was giving it back sooner or later, but not right now so they could make a laughing stock out of me," Jester said.

     

    Neighbors say the issue of where the kids should and shouldn't play has been ongoing for quite some time.

     

    Jester was offered a chance by police to sign a ticket promising to appear in court, but she refused. Right or wrong, she is due in court Nov. 12.

  21. Posted · Edited by Odie

    He has not done nothing others in the past have done that earn them the Medal of Honor. I hope someday this will get redress. It is too bad his family has to live with this insult that Defense Security gave them.

     

    Marines do not by their nature go about saying someone should be awarded the Medal of Honor for nothing. They take the award extremely seriously. He would not have picked and passed through several boards then only get denied the Defense Security.

     

    Denfense Security, by his actions, called the Marines that where with him that day lyers, his commanding officer did know what he was doing to recommend the award, and the Marine and Navy boards did not know what they where also recommended the award. This was the first time in history that outside source was involved with process of awarding the Medal of Honor.

     

    This is a very hot topic with the military.

     

    Only five awardees. It tells me that this administration views this generation courage less than in the past. :clap:

     

    Kaneohe Marine Sgt. Peralta deserves Medal of Honor

     

    With little if any logic, Defense Secretary Robert M. Gates insists on denying the Medal of Honor posthumously to Kaneohe Marine Sgt. Rafael Peralta, who died in Iraq in 2004 by covering an exploding grenade to save fellow Marines. His San Diego family has refused to accept the lesser Navy Cross. Congress should grant the highest military honor to Peralta if a refusal to review the case blocks presidential action.

     

    Peralta, a Mexican immigrant who received his green card the day before enlisting in the Marines, is believed to have been shot in the head by "friendly fire" earlier on the day of Nov. 15, 2004. As the insurgents fled the Fallujah building during house-to-house combat, they threw a fragmentation grenade that landed near Peralta and other members of the Kaneohe-based 1st Battalion, 3rd Marine Regiment.

     

    According to the official military account, "without hesitation and with complete disregard for his own safety, Peralta reached out and pulled the grenade to his body, absorbing the brunt of the blast, and shielding his fellow Marines only feet away." Four Marines who witnessed the heroism and whose lives were saved have attested to that account.

    Only five war heroes have received the Medal of Honor for their actions in Iraq, and three of those had covered grenades with their bodies to save others. Peralta's fellow Marines, the Navy and the Marine Corps recommended that he join their exclusive ranks.

     

    Gates had five people, including a neurosurgeon and two forensic pathologists, review the case. He found "conflicting evidence" about whether Peralta "could have performed his final act" given his mortal head wound, according to Maj. David Nevers, a Marine Corps spokesman. Nevers said "there must be no doubt or margin for error."

     

    Peralta was not a U.S. citizen, but that should not have mattered; more than 20 percent of the Medal of Honor recipients have been noncitizens. Navy Secretary Donald C. Winter said the belief that Peralta was struck by friendly fire also had "no bearing on the decision to award the Navy Cross."

     

    Any medical doubt that Peralta was alive when the grenade came his way should be removed by the accounts by his fellow Marines. "I am living proof of what Sgt. Peralta did that day," according to Robert Reynolds, who said he saw Peralta snag the live grenade and thrust it against himself, saving the lives of Reynolds and two others.

     

    A San Diego-led congressional group asking Bush to review the case has drawn the support of California Sens. Dianne Feinstein and Barbara Boxer and Hawaii's congressional delegation, including Sen. Daniel Inouye, who belatedly was presented the Medal of Honor by President Bill Clinton in 2000 for his World War II heroism.

  22. Posted · Edited by Odie

    There are far better ways aging wood. He could have taken a blowtorch over the wood in reparative motions without actually burring all of it at once, which gives a better control on the burn itself and the look of the wood. He could have used coffee, dirt and wax. He could have bought aged wood. I believe there are different ways to age wood than just burning it whole in his yard. His excuse is extremely bad, and I do not buy it for one minute.

  25. Posted

    No one forced him to move in areas that have HOA. It is made very clear that house in HOA. There are many areas that trying to buy a house that is not HOA is getting harder and harder.

     

    That being said, HOA trying in theory, to protect housing values. When people are elected to a position within HOA they let it go to their head.

     

    Sorry, if he has problems with payments and can't keep up with his agreements it is time to move.