Assistance Of Counsel Research Articles

ARTICLE: Finding Prejudice: Ineffective Assistance of Counsel in Lee v. United States

Michelle M. Waston and Melanie K. Worsley discuss the case of Lee v. United States (2017), in which the U.S. Supreme Court held for the first time that a defendant had been prejudiced by his counsel’s misinformation about the deportation consequences of a guilty plea.

A Judge's Duty to Do Justice: Assuring the Accused's Right to the Effective Assistance of Counsel

Every judge has a duty to do justice, which is found not only the oath the judge takes, but also in the Code of Judicial Conduct. The American Bar Association (ABA) Criminal Justice Standards Regarding the Special Functions of the Trial Judge provides more specific guidance including the responsibility to safeguard the rights of the accused and the public’s interest in the fair administration of criminal justice. I contend that a trial judge needs to be committed to a duty to do justice by ensuring the accused’s right to effective assistance of counsel, especially in light of the excessive caseloads and inadequate resources for state public defenders and other publicly provided defense lawyers. Instead of continuing to pigeon-hole ineffective assistance of counsel claims as a post-trial inquiry, there are some circumstances when a trial judge’s duty to do justice requires an inquiry into whether defense counsel is providing effective assistance of counsel at the trial level. In this article, I begin by analyzing resistance to recognizing ineffective assistance of counsel at the trial level and in post-conviction proceedings. Next, I examine the crises in public defense and how case overloads and funding practices for public defense create disincentives to effective assistance of counsel. I then analyze how the rights of the accused differ when the accused has a publicly provided lawyer compared to privately retained counsel. In the next part of the article, I describe the situations that trigger a trial judge’s duty to conduct an effective assistance of counsel hearing, and I proceed to recommend both the type of hearing and the standard the judge should apply in evaluating counsel’s effectiveness. I conclude by arguing that to do justice a trial judge must ensure the accused’s right to the effective assistance of counsel.

"It's Not You, It's Your Caseload": Using Cronic to Solve Indigent Defense Underfunding

In the United States, defendants in both federal and state prosecutions have the constitutional right to effective assistance of counsel. That right is in jeopardy. In the postconviction setting, the standard for ineffective assistance of counsel is prohibitively high, and Congress has restricted federal habeas review. At trial, severe underfunding for state indigent defense systems has led to low pay, little support, and extreme caseloads—which combine to create conditions where lawyers simply cannot represent clients adequately. Overworked public defenders and contract attorneys represent 80 percent of state felony defendants annually. Three out of four countywide public defender systems and fifteen out of twenty-two statewide public defender systems operate with yearly caseloads that are significantly higher than the ABA recommends. This Note argues that courts should utilize the procedural ineffectiveness presumption that the Supreme Court made available in United States v. Cronic to find state defense counsel carrying caseloads above the ABA-recommended maximums constitutionally ineffective. Thus, defendants could not be tried until caseloads in the locality fell within the maximums. This would incentivize state and local legislatures to spend more money on indigent defense.

Интервью с родителями детей с диагностированным дефицитом парциальных функций

The basis of our multidisciplinary project “Impact factors in the dynamics of educability of children in need of special education support measures“ is the qualitative designed complementary research concerning the educability dynamics at children and pupils in need of special education. The aim of the investigation was to determine the attitude of parents towards the diagnosis of their children and to focus on the problems of families with children suffering from a deficit of partial functions, as well as on the cooperation with specialists and the school and the ways of tackling the education difficulties of these children. The method chosen for data collection was a participative interview. Verbatim analysis was used to isolate semantic units that could be clustered into following categories: demonstrated symptoms, diagnosis,the need of patience, approach to the child/interventions, evaluation of the counselling assistance, evaluation of the approach of the school/teachers, interaction with schoolmates, siblings/family,perspectives.

Immigration Defense Waivers in Federal Criminal Plea Agreements

Immigration policy is back on the American public’s radar screen. The fields of immigration — a civil-law subject — and criminal law — a public- law subject — are quite distinct in both litigation practice and law school curricula. The distinction is becoming increasingly problematic as the subjects continue to intertwine in very practical ways: federal criminal prosecution is now routinely used as part of border enforcement strategy, and interior immigration enforcement is done largely in cooperation with state and local policing. The Department of Justice (DOJ), under a new administration whose goal is to expand and accelerate removal of non- citizens, is taking advantage of this historical division. Intending to have its cake and eat it too, the Trump administration wants to retain the civil aspects of immigration law that most benefit the government (primarily that a non-citizen has no Sixth Amendment right to an attorney at the government’s expense in deportation proceedings), while retaining the aspects of criminal law where the government holds all the cards (namely the coercive aspect of plea bargains that can include waivers of most of the defendant’s substantive and procedural rights). By combining the greatest pro-government interests of both fields, prosecutors are best positioned to reach the current administration’s goal to deport as many immigrants as possible. Although the Authors do not comment on the propriety of this goal, we do take issue with the government’s illegitimate means of achieving it by including waivers of immigration relief and challenges to deportability in criminal plea agreements. This Article focuses on DOJ’s inclusion of waivers of immigration relief in plea agreements for non-citizen federal defendants and proposes some challenges to these waivers. Federal district and appellate judges, immigration judges (IJs), and the Board of Immigration Appeals (BIA) members will find below legal grounds to decline to accept these waivers. Such tools are critical to combat this new federal immigration waiver propensity — which is especially disturbing in light of Attorney General Sessions’ April 11, 2017 Memorandum requiring federal prosecutors to substantially broaden immigration prosecutions, and limiting discretion on whom not to deport. The government seeks waivers of critical rights without giving non-citizen defendants access to the tools and knowledge to make fully informed decisions. In Part I, we review the language of immigration waivers, which widely varies by jurisdiction, and include an appended chart tracking waivers from each U.S. Attorney’s Office that presently requests waivers as part of their standard plea agreements. In Part II, we briefly describe how removal orders are imposed by immigration judges, Department of Homeland Security (DHS) officers, and by federal district court judges, and discuss the effect these waivers will have in those proceedings. The Authors also include a discussion of the potential grounds of relief from removal, such as asylum, withholding of removal, and protection under the Convention Against Torture in conjunction with challenging the grounds for the deportation. Finally, we spend some time on the renewed use of a 1994 judicial removal statute, 8 U.S.C. § 1228. In Part III, we identify five methods for challenging these waivers. We first urge immigrants to demand hearings and to challenge the factual statements contained in the plea waivers. Next, we question the constitutionality of the judicial removal statute. Moving on, we suggest that defense attorneys who advise clients to sign these waivers may be providing ineffective assistance of counsel. Additionally, we note that ethics rules regarding competency prohibit most criminal defense attorneys from advising their clients regarding what immigration rights they are ceding, and similarly, prohibit prosecutors from seeking such waivers. Finally, we argue that public policy and international law obligations may prohibit enforcement of these waivers.

The Structural Function of the Sixth Amendment Right to Counsel of Choice

The “root meaning” of the Sixth Amendment’s Counsel Clause is the right to retain counsel of one’s choice. Yet until just last Term, no criminal defendant had ever persuaded the U.S. Supreme Court to reverse a conviction on counsel-of-choice grounds; many had tried in vain. I consider in this paper whether there is any satisfying, functional account that can explain the disjuncture between what the Court says about the right and what it does when presented with an asserted violation of that right. The leading theories justify the right to counsel of choice either as securing the effective assistance of counsel, and thus a fair trial, or as a facet of the defendant’s prerogative to control his own defense. These theories, however — grounded in majestic-sounding notions of fairness and autonomy, respectively — struggle to explain counsel-of-choice doctrine. For one thing, indigent defendants simply have no right to choose their counsel at all. And while criminal procedure rights are seldom absolute, balancing the defendant’s fairness and autonomy interests against the government’s countervailing needs cannot explain the pattern of Court decisions in anything but the most ad hoc manner. My claim is that something very different explains the Court’s counsel-of-choice decisions. The right to counsel of choice functions not as a powerful individual entitlement, but rather as a weak, system-level safeguard against socialization of the criminal defense bar. I use “socialization” here in the political and not the social psychological sense, to refer to “the action or process of bringing” an institution “under state ownership or public control.” Only when the government advances a theory for restraining defendant choice that, if accepted, would allow it to strangle the private defense bar and socialize criminal defense does this anti-socialization principle require that the right to counsel of choice prevail. This means that even a weak government interest — like a judge’s desire to push a case to trial quickly — can overcome the right as long as that interest is meaningfully bounded in its reach across the criminal docket.

Pendampingan Pembuatan Blog Sebagai Media Kampanye Sosial Penyalahgunaan Zat Adiktif Pada BKR Kelurahan Kratonan, Kota Surakarta

Growth in the use of drugs actually not only in big cities but almost uniformly in a rural area of ​​the district to. Seeing these conditions, not only the government whose role is to make the handling but also the whole society should be concerned about the conditions in the vicinity. motivation for parents accompany their children to provide understanding and knowledge, motivation for teachers in schools to approach educates students so as not to lose the identity that ultimately are vulnerable, and the motivation of the residents in the neighborhood to come give attention among citizens so that the situation and environmental conditions remain conducive. Surakarta is consists of five districts based on reports BNN Surakarta as the first drug abuse-prone city in Central Java. This is supported by the demographic situation is increasingly. One of overpopulated area is district Kratonan. Aware of these threats Kratonan districts have a place for families and teens that BKR Group. Activities that are often carried out this group is counseling assistance in the form of free sex and drug abuse by peers. BKR is still active in activism, so it is important to providing media interactive between board members that blog. Through training blog creation targets were achieved outcomes Board has interactive media to target audiences about drugs and the impact of its misuse for the body. This training is divided into two stages: (1) Extension dangers of drugs by BNK Sukoharjo; (2) Explanation and simulation of blog creation.

The defendant's right to counsel in criminal justice authorities; manifestation of civil rights

Citizens' rights are basic human rights that God has created it with his alter ego. One of the most important teachings of human rights, the rights of the accused, guarantee and support throughout the judicial process In light of the provision of legal mechanisms necessary for the support and assistance of counsel in the criminal proceedings. The realization of the rights of the accused in the possibility to benefit from selective lawyers, elected and free of foundations and civil rights deemed fundamental effects. Custodians of transnational criminal policy through a number of binding documents and guidance on global and regional levels, And criminal policy of Iran in the shadow of Fratqnyny regulations, legislation, legislative down The right of access to legal counsel and defendants in support of having it identified and finally to have recognized. Unfortunately, enforcement officials mentioned the many challenges faced, thus, in this study the role and mechanisms for supporting this noble human rights approach, one of the main important factors in protecting citizens' rights and guarantee a fair trial in a criminal case will be discussed. Please cite this article as: Mahdavipour A, Naghibi SMR. The defendant's right to counsel in criminal justice authorities; manifestation of civil rights. Bioeth J Q 2016; 6(21): 157-176.

The Bright Linees Dark Zone: Pre-Charge Attachment of the 6th Amendment Right to Counsel

In this Article, Prof. Mulroy discusses an unsettled issue which arises with some frequency in the federal courts: whether the Sixth Amendment right to counsel can ever apply prior to the filing of a formal charge by a prosecutor. There are a number of situations - most notably, pre-indictment plea negotiations involving the prosecutor - where a defendant most decidedly needs the assistance of counsel, even before formal charges are filed. Language in Supreme Court cases has suggested that the right does not attach until a prosecutor files a charge in court, or the defendant appears before a magistrate. Some lower courts have relied on this language to fashion a “bright-line rule” preventing Sixth Amendment protection prior to formal charges being filed. But these Supreme Court cases were decided prior to recent rulings by the Court that a Sixth Amendment ineffective assistance of counsel claim could cover plea negotiations. The circuit courts are split on this issue, with some accepting and some rejecting the notion of a bright-line rule. This Article argues that a careful examination of the relevant Supreme Court opinions, the text of the Sixth Amendment, and the underlying purpose of the Amendment’s right to counsel all argue for a more flexible approach. It also analogizes from case law interpreting Model Rule 4.2 of the Rules of Professional Conduct, the so-called “no contact” rule. It proposes a new rule: in addition to being triggered by a formal charge or appearance before a judge, the Sixth Amendment right to counsel also applies where a prosecutor has had contact with a defendant about the substance of the case (other than as a witness), either directly or through counsel. Among other instances, this rule would apply to pre-charge negotiations about a plea deal or grant of immunity; to communications concerning the defendant’s grand jury testimony; and to custodial interrogation where the prosecutor was personally involved.

Psychometric Properties of Disaster Event Reaction Items From the Crisis Counseling Individual/Family Encounter Log.

The purpose of this article was to examine the psychometric properties of the Crisis Counseling Assistance and Training Program (CCP) data collection instrument, the Individual/Family Encounter Log (IFEL). Data collected from disaster survivors included how they reacted to events in emotional, behavioral, physical, and cognitive domains. These domains are based on conceptual categorization of event reactions and allow CCP staff to provide survivors with referrals to appropriate behavioral health support resources, if warranted. This study explored the factor structure of these survey items to determine how best to use the available information as a screen of disaster-related behavioral health indicators. Specifically, our first research question explored and confirmed the optimal factor structure of the event reaction items, and our second question examined whether the new factor structure was similar across disaster types: hurricanes, tornadoes, floods, and wildfires. Using a factor analytic technique, we tested whether our event reaction outcomes achieved consistent and reliable measurement across different disaster situations. Finally, we assessed how the new subscales were correlated with the type of risk to which CCP disaster survivors were exposed. Our analyses revealed 3 factors: (1) depressive-like, (2) anxiety-like, and (3) somatic. In addition, we found that these factors were coherent for hurricanes, floods, and wildfires, although the basic factor structure was not equivalent for tornadoes. Implications for use of the IFEL in disaster preparedness, response, and recovery are discussed. (Disaster Med Public Health Preparedness. 2016;10:822-831).

A novel truncating AIP mutation, p.W279*, in a familial isolated pituitary adenoma (FIPA) kindred

Familial isolated pituitary adenomas (FIPA) constitute 2-3% of pituitary tumours. AIP is the most commonly mutated gene in FIPA. We herein report a novel germline mutation of the AIP gene in a family with FIPA. We present two patients, a father and his 12-year-old daughter, diagnosed clinically and using laboratory measures with acromegaly-gigantism. Both underwent transsphenoidal hypophyseal surgery for macroadenomas. We initially detected a novel heterozygous germline AIP mutation, c.836G>A (p.W279*), in the father's DNA. We then found the same mutation in his affected daughter. Pituitary adenomas associated with AIP mutations mostly present as FIPA (68%) at an early age (78% occur at <30 years old). They are often growth hormone (GH) - or prolactin - secreting macroadenomas (88%) that have already extended beyond the sella at the time of diagnosis. Acromegalic cases are resistant to somatostatin analogues and multimodal management is frequently essential to control the disease. Our patients had normalized GH/IGF-1 values soon after surgery, although enough time may not have elapsed to reach final cure. While penetrance of the disease can be as low as 10% in FIPA, especially children and young patients with somatotropinoma and prolactinoma should be surveyed for inactivating mutations or deletions in AIP. Determining the causative mutations may be of assistance in early diagnosis, treatment success, and genetic counseling.

The Effect of Attorney Type on Bail Decisions

The U.S. Supreme Court has indicated that defendants are entitled to effective assistance of counsel. Despite this, many research studies and anecdotal evidence suggest that defense counsel, particularly appointed counsel, struggles to provide effective assistance, especially with regard to case outcomes. These studies suggest that having appointed counsel negatively affects case outcomes, such as conviction and sentencing, in that those with appointed counsel are more likely to be convicted and/or sentenced to longer incarceration terms. Previous research has largely ignored earlier stages of a case and the effect of type of counsel on these earlier case outcomes. The current study examines the effect of counsel—public defender versus retained—on bail decisions in Florida. Previous research has indicated that bail decisions have an effect on the outcome of a case, so the importance of bail decisions cannot be overlooked.

변호인의 효과적인 조력을 받을 권리

변호인의 조력을 받을 권리는 변호인의 선임 또는 참여가 제한당하지 아니할 소극적 권리, 변호인의 선정을 국가에 청구할 수 있는 적극적 권리, 그리고 선임·선정된 변호인의 효과적인 조력을 받을 실질적 권리로의 단계를 거쳐 발전해 나간다고 볼 수 있다. 종래 대법원과 헌법재판소는 변호인의 ‘충분한 조력’ 또는 ‘실질적인 조력’을 받을 권리를 강조해 왔지만, 이는 수사기관이나 법원에 의해 변호인의 조력을 받을 권리가 소극적으로 침해된 사안에서 그 침해의 위법성을 확인하며 제시된 이론적 수사(修辭)였을 뿐, 변호인의 변호활동의 질과 적정성을 문제 삼아 피고인을 구제하는 진정한 의미에서의 변호인의 실질적인 조력을 받을 권리를 인정한 것은 아니었다. 이러한 의미에서 변호인의 변호활동이 비효과적이었다는 이유로 피고인에 대한 재판을 다시 할 것을 명령하거나 피고인에게 선고된 형을 변경할 수 있는 미국 판례 법리를 우리나라에 도입하자는 일부 견해는 변호인의 조력을 받을 권리를 심화하여 피고인의 권리를 강화하자는 시도로서 긍정적으로 평가할 수 있다. 그러나 우리나라에서는 인정되지 않는 인신보호절차를 통해 피고인을 구제하고, 직권주의가 아닌 당사자주의를 기초로 전개되어 온 미국 판례 법리들을 한국 형사소송법에 수용하는 데에는 법률체계상·소송구조상 한계가 있을 수밖에 없다. 현행법상 공판절차에서 변호인의 불충분한 조력에 의한 피고인의 불이익을 구제할 수 있는 방법은 상소제도에 의하는 것이며, 이 경우에도 법원의 직권조사의무 위반이나 소송지휘의 하자 등이 개재된 때에 한하여 ‘판결에 영향을 미친 헌법위반’(변호인의 조력을 받을 권리 침해)으로 구제가 가능하다. 대법원 2012. 2. 16. 2009모1044 결정은 변호인의 변호활동이 현저하게 부적절했던 경우 피고인을 구제한 최초의 사례라는 점에서 헌법상 변호인의 조력을 받을 권리가 실질적인 권리로 전개될 수 있도록 첫 발을 내딛은 판례라고 평가할 수 있다. 국선변호인뿐만 아니라 사선변호인이 피고인의 귀책사유 없이 항소이유서를 미제출한 경우에도 헌법상 변호인의 조력을 받을 권리를 근거로 하여 2012년 결정 법리를 마찬가지로 적용하여야 할 것이다.

Extending Martinez v. Ryan to Claims of Ineffective Assistance of Appellate Counsel

In March of 2012, in Martinez v. Ryan, the Supreme Court announced a new type of cause under the cause-and-prejudice exception to procedural default in federal habeas cases. This new type of cause allowed federal courts to review a subset of claims that had been procedurally defaulted in state habeas proceedings due to the ineffectiveness of postconviction counsel. The parameters of that subset were the source of a heated debate on the Supreme Court. The majority, limiting its analysis to the facts before it, claimed that the new definition excused only claims of ineffective assistance of trial counsel (IATC). The dissent, however, argued that it would apply to other claims as well. The application of Martinez to excuse procedurally defaulted claims of ineffective assistance of appellate counsel (IAAC) is the subject of this Note.Following Martinez, the circuit courts split along the same lines as the majority and dissent in that case: The Fifth, Sixth, Seventh, Eighth, and Tenth Circuits held that Martinez cannot be used to excuse IAAC claims in addition to IATC claims, whereas the Ninth Circuit held that Martinez can be used to excuse IAAC claims. Many scholars have also written on the potential impact of Martinez. Some of these scholars have predicted or acknowledged the circuit split. None, however, have analyzed in detail the circuit courts’ limitation of Martinez to excusing IATC claims or explored whether that limitation is the correct result. This Note examines the circuit courts’ and commentators’ arguments both in favor of and against limiting Martinez to the IATC context.

Flawed justice: A study of wrongly convicted African American women

ABSTRACTThis exploratory study examines 37 wrongfully convicted Black women. The cases were culled from electronic databases located at the Innocence Project, the Center on Wrongful Convictions, the Death Penalty Information Center, the National Registry of Exonerations and from the innocence database at forejustice.org in addition to newspaper and magazine articles. Prosecutorial misconduct and perjury by criminal justice officials constituted the 2 most important factors leading to wrongful convictions. Police misconduct was the 3rd most important factor, followed by ineffective assistance of counsel and insufficient evidence to support a conviction. The use of informants, false confessions, witness errors, and forensic errors were among the least common contributors. Limitations of the study and suggestions for future research are also addressed.

THE VALUE OF THE RUSSIAN NATIONAL REGISTRY OF PATIENTS WITH ANCA-ASSOCIATED SYSTEMIC VASCULITIS AS AN INNOVATIVE TOOL OF PERSONALIZED INDUCTION AND MAINTENANCE THERAPY

Antineutrophil cytoplasmic antibody-associated systemic vasculitides (ANCA-SV) are characterized by multiple organ failure, clinical and immunological heterogeneity, and a variety of manifestations and require a high-quality interaction between the patient and the physician at all stages. Rational and personalized maintenance of a delicate balance between the use of an evidence-based treatment protocol, which is sufficient to secure sustainable suppression of the activity of ANCA-SV, and the simultaneous containment of the risk of treatment adverse events are the mainstay for successful therapy. In response to the increased need for improved approaches to managing patients with ANCA-SV, the V.A. Nasonova Research Institute of Rheumatology has elaborated a National Registry of patients with ANCA-SV, which is a regularly updated electronic database for patient follow-up and should be regarded as an innovative personalized induction and maintenance therapy tool that corresponds with the current treat-to-target concept. The main objective of the registry is to permanently reproduce the goals of therapy for ANCA-SV, as well as to maintain a sustainable remission, to reduce the incidence of treatment adverse events, to monitor comorbidity, and to achieve a high quality of life. Further development of the Russian National Registry of patients with ANCA-SV as a federal program may play a key role in enhancing the effectiveness of health care for patients with rare and severe diseases, contribute to the development of information and telecommunication medical technologies for the provision of ANCA-SV patients with emergency counseling and medical assistance at the expert centers and for that of continuity at different treatment stages, to a reduction in pharmacoeconomic expenses.

Ideological Origins of the Right to Counsel

The defense counsel is a paramount actor in modern criminal trials, but this was not always the case. Indeed the allowance of counsel to felony defendants can be traced to only a few hundred years ago, a relatively modern innovation in the area of legal history. This essay examines the intellectual origins of the right to counsel, which it situates in the era of the English Revolution. Drawing on pamphlet literature, cases, and statutes from the Seventeenth-Century in both England and North America it argues that the right originated from a fear of unfairness brought on by a mistrust of the law among puritan reformers who worried that without the guiding hand of counsel defendants would be wrongly convicted. The right to assistance of counsel is found in nascent form in the Body of Liberties of Massachusetts Bay, which is the first Anglo-American legal code to remove the prohibition on defense counsel. Although initially opposed by the colony’s leaders the code reflected their desire to reform the Common Law and their attempt to blend religious law with English law. The intellectual origin of the right to counsel thus also represents the transatlantic circulation of legal ideas.

The Role and Status of the Attorney in the Regulation of International Criminal Court in Light of the International Documents

One of the basic and fundamental rights of persons who are under investigation, prosecution and trial to ensure the fairness of the trial is the right of access to counseling and legal assistance as well as having the attorney that should be provided from the beginning of the penal process. This right has been clearly asserted in the international documents and regulations. The observance of this right is necessary not only in the national courts but also in the international courts. One of the international courts is the international criminal court that has been established to address international crimes. The objectives to study Identify the role and position of the attorney in the international criminal court As one of the fundamental rights of the accused and suspects and to evaluate its regulation from the view point of international documents. This study is an applied research and in descriptive method. The required information was collected with documentation and Library. By studying the regulation of the international criminal court it becomes clear that the mentioned authority has differentiated between the suspected and the accused and in both cases, it recognizes the existence of the attorney as necessary. In line with this, it emphasizes the right of victims to have legal assistance. Therefore, with the general review of the court’s regulation and the international documents it might be stated that despite the existence of shortcomings in the court’s regulation, the mentioned regulations and rules are more progressive compared to the international documents. DOI: 10.5901/mjss.2015.v6n6s4p410

Feasibility and Smokers' Evaluation of Self-Generated Text Messages to Promote Quitting.

Cigarette smoking is a leading cause of preventable mortality. Mobile technologies, including text messaging, provide opportunities to promote quitting. Many text messaging-based cessation interventions contain content created by experts. However, smokers may be best persuaded by receipt of text messages they created based on their reasons for quitting, assisted or not by a motivational facilitator. This study assessed the feasibility and participants' evaluation of two ways to self-generate smoking cessation messages delivered via cell-phone. We enrolled smokers (N = 24) and randomized them to: (1) behavioral counseling assistance plus self-generated messages, or (2) self-generated messages only. Both groups wrote: (1) their reasons for wanting to quit and then (2) text messages related to their reason(s) for quitting, Messages were delivered as text messages as well as with a link to verbatim self-recorded audio message for 10 days. At follow-up, participants evaluated the intervention. Participants composed and recorded messages and evaluated them and the intervention favorably. The counseling+message group wrote an average of 7.66 (SD = 4.86) text messages while the message-only wrote an average of 6.66 (SD = 2.93) messages. Most participants felt that the messages were of appropriate length, including the frequency and timing of message delivery. It is feasible for smokers to self-generate motivational text and audio messages concerning reasons for quitting, even among smokers without an immediate desire to quit. Participants evaluated the messages and intervention favorably. Future research should test self-generated messages in larger trials of self- versus expert-generated message. This study assessed the feasibility and participants' evaluation of two ways to self-generate smoking cessation messages delivered via cell-phone. It is feasible for smokers to self-generate motivational text and audio messages concerning reasons for quitting, even among smokers without an immediate desire to quit. Participants evaluated the messages and intervention favorable. Future research should test self-generated messages in larger trials of self- versus expert-generated messages.

Assessment of driving outcomes after epilepsy surgery.

Driving is an important factor contributing to good quality of life in patients with epilepsy. Little work has been undertaken to explore the details of driving experience alone in this patient population. We assessed the driving status of our patients prior to and following surgery for epilepsy. We also sought to determine what associations exist between patient characteristics and postoperative driving status. The participants were selected from those adult patients with epilepsy who have required surgical treatment at our home institution between 2006 and 2010. Each participant received a questionnaire asking about driving and seizure status before and after surgery. The surveys were distributed using a modified Dillman approach. Perioperative patient data were obtained from the electronic medical record system in addition to a previously assembled epilepsy database from the Neurology Department at our institution. Independent variables were analyzed to look for significant associations with driving outcomes. One hundred forty eligible patients were included in the survey population; 78 patients returned a questionnaire for a response rate of 55.7%. Eighty percent of patients experienced driving as a regular part of life at some point prior to surgery. At the time of the questionnaire distribution, 68% of patients had returned to regular driving. Demographic characteristics did not play a significant role in whether or not the patient had a favorable driving outcome after surgery. However, patients who had a history of driving on a regular basis prior to surgery and those who had an Engel Class I outcome after surgery had significantly higher rates of good driving outcomes. Also, patients with an unfavorable preoperative driving status were more likely to have a favorable driving outcome after surgery if they had an Engel Class I outcome. Patients in whom intracranial electroencephalography (EEG) was utilized prior to resection had worse driving outcomes. A surprisingly high percentage of patients with epilepsy have experienced driving on a regular basis prior to surgery. We can assume that most patients were not driving immediately prior to surgery, given the fact that they had progressed to requiring surgery for treatment of their epilepsy. Thus, a driving rate of 68% after surgery can be considered good. We found that a patient's preoperative driving history, the use of intracranial EEG before surgical resection, and Engel classification were significant predictors of postoperative driving outcomes. These data provide patients with assistance in preoperative counseling. More investigation needs to be completed in other patient variables - such as seizure types, magnetic resonance imaging (MRI) findings, and patient motivators for driving - as possible predictors of driving outcomes.