✎✎✎ Haines V. Hanes Case

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Haines V. Hanes Case

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Haines appeals the revocation of his probation approximately 18 years after his initial sentence was ordered. Haines contends the trial court denied Haines due process when it revoked his felony probation more than 16 years after the probation violation warrant was issued. Under the facts of this case, we hold Haines was denied due process. We reverse the judgment of the trial court and order termination of his probation.

Haines was placed on probation for 2 years, with out-of-state supervision contemplated upon suitable employment being secured. Haines did find employment as an over-the-road truck driver and moved to Ohio. According to Haines, he was informed that if he paid off his fines and court costs, he would no longer be required to report. Haines maintains he gave money to his wife to send to Kansas for the fines and costs and she did not send the money.

According to the warrant, the Kansas probation office sent Haines letters to what was believed to be Haines' mother's house and his wife's house. By the time the letters were sent, the State was aware Haines' wife had left him. The letter from the mother's house was returned because of an insufficient address, and the letter to the estranged wife was not returned. In , Ohio officers responding to a disturbance at Haines' house discovered the warrant. Haines returned to Kansas on his own accord and sought out information from the Sedgwick County Adult Probation Office. He was advised he should seek counsel, which he did. He contacted an attorney.

The attorney told Haines the worst thing he could have done was to return to Kansas. On the advice of counsel, Haines returned to Ohio to wait for the warrant to be served. Haines was served, waived extradition, and returned to Kansas. At the time of the revocation hearing, Haines was 68 years old. He has a heart problem that requires medication and suffers from oral cancer. Haines apologized to the court for allowing his estranged wife to be in control of sending the money and requested the court to allow him to pay the fine, plus interest, and reinstate his probation.

The State argued Haines had been arrested five times, beginning in and ending with the attempted rape charge in ; therefore, he had not proved he was interested in staying out of trouble. The State did not indicate Haines had been arrested in the many years after being placed on probation or otherwise controvert the representations made by Haines. The trial court revoked Haines' probation and ordered that he serve the sentence previously imposed. Haines' motion for reconsideration or to modify was denied.

On appeal, Haines argues the delay between the time of the issuance of the warrant and the time of the revocation hearing violated his due process rights under the Fourteenth Amendment to the United States Constitution. This increased the number of results returned during searches, but many studies were excluded because they did not report overbank flow or inundation, thus not allowing us to accurately characterize the flood. All studies with abstracts containing information about a specific flood or storm event and a variable representing an ecosystem service were downloaded.

We screened each of these studies one additional time to identify studies, which included a quantitative measure of the flood impact such as before and after measures of the same variable e. Table 2. These initial literature results were augmented by further targeted searches on specific services and other work cited in the initially identified papers.

This resulted in studies after the literature search given described constraints. In general, the literature reported negative effects associated with flooding. Flooding is commonly perceived as detrimental and most studies tend to focus on the negative impacts of floods rather than the positive impacts. This bias may have skewed our results toward greater ecosystem service losses, but we were still able to identify ecosystem services which benefit from flooding. Ecosystem service availability varied with flood magnitude Fig. Both small and extreme floods generally decreased the availability of most ecosystem services. However, extreme floods caused a greater number of ecosystem service losses than small floods Table 3.

Extreme floods were beneficial for groundwater and aquifer recharge and therefore were positive for these services. Small floods were important for improving access to food and recreation as well as beneficial for water regulation and primary production. The impacts of floods on ecosystem services were also related to initial physical, chemical, and biological conditions within the ecosystem and its location. These complex interactions made it difficult to attribute changes in ecosystem services to specific flood events. For example, post-flood changes in primary production varied because of temperature, light, and nutrient conditions. Additionally, there was some variation within individual ecosystem services which made assigning a negative, neutral, or positive outcome difficult.

However, we were able to identify many of the possible underlying mechanisms that were responsible for ecosystem service outcomes post-flood from reviewed literature Fig. Below we describe each ecosystem service and its connection to flooding in more detail. Processes linking small and extreme floods to changes in aquatic ecosystem services. Hydrology is known to influence primary production by affecting water clarity, oxygen, pH, and nutrient concentrations Lindholm et al. Floods may initially inhibit primary production while water is high but nutrients mobilized during storms may be held and processed in ecosystems later, when water levels return to normal Paerl et al.

Small seasonal floods contribute nutrients to aquatic ecosystems and can stimulate primary production Junk et al. Increased primary production can then support aquatic food webs, providing a food source for consumers Alford and Walker However, larger floods can transport excessive nutrients and potentially stimulate excessive primary production i. Recently, increases in primary production have been attributed to increased phosphorus P and nitrogen N loading associated with flood events Paerl et al. For example, flooding in the Lake Winnipeg catchment increased phytoplankton biomass and the phytoplankton community shifted to include more cyanobacteria McCullough et al. Harmful algal blooms HABs such as those which occurred in Lakes Winnipeg and Erie cause several problems for people who rely on these water bodies for drinking water and recreation.

HABs include cyanobacteria which produce toxins that must be removed from drinking water supplies Hitzfeld et al. HABs also lead to poor aesthetics, which adversely affect tourism and recreation activities, with detrimental impacts on local economies such as those around Lake Erie Watson et al. Primary production benefits aquatic ecosystems up to a certain tipping point, when HABs can dominate and negate these benefits Paerl et al. Therefore, increased primary production post-flood is considered an ecosystem service net gain but if primary production is excessive then flooding results in a net loss. Additionally, if a flood event decreases primary production, then it is considered a net loss. Our literature review uncovered no consistent patterns of post-flood primary production responses.

Both increases and decreases in primary production after flooding were reported. One study reported higher gross primary productivity GPP after a small flood e. Lindholm et al. Uehlinger ; Uehlinger et al. Chlorophyll a used as a surrogate for primary production concentrations were also observed as decreasing after small floods e. Rodrigues et al. Differential responses in primary production are likely the result of differences in nutrient supply, light penetration, and flushing rates of impacted ecosystems Paerl et al. Additionally, post-flood increases in nutrient supply must occur simultaneously with sufficient light penetration to cause increases in primary production.

Minor et al. The two studies reporting on the effects of extreme flooding on primary production also contained mixed results. Silva et al. In addition to providing nutrients, freshwater discharge resulting from flood events modulates the rate of flushing or water residence time of receiving waters. If flushing rates exceed algal growth rates, large flood events could reduce algal biomass, regardless of nutrient enrichment Peierls et al.

We therefore cannot consistently conclude whether flooding increases or decreases primary production and algal biomass since these indicators are highly dependent on other, interacting variables such as nutrient enrichment, water clarity, flushing rates, and grazing. However, the potential for large algal blooms occurs after flooding when nutrients are high and water residence time is long enough to allow blooms to form and accumulate Paerl et al. Soil formation provides an essential service by regenerating river banks, wetlands, and flood-plain farmland.

Flooding causes over bank flow and changes the rate of sediment deposition and erosional processes occurring between the river and floodplain Junk et al. Flooding can cause river bank erosion and collapse, as well as upland erosion and incision, leading to landslides in areas with hillslopes and mountainous terrain Larsen and Montgomery which pose threats to people e. Kala Alternatively, flooding can improve soil formation by depositing sediment on floodplains, which recharges farmland soils and increases suitability for farming Ogbodo Therefore, the net positive or negative impacts of flooding on soil formation depend on where erosion and deposition occur and the volume of sediment transported.

The influence of a flood event on erosion and accumulation is related to the flow peak magnitude Julian and Torres Such re-deposition events are important in maintaining coastal forests and wetlands e. Nyman et al. Barbier et al. Therefore, soil erosion processes are spatially dynamic and the negative effects of erosion in certain locations, such as river banks or hill slopes, may enhance soil formation in other areas of a catchment, such as floodplains Pearson et al. Such effects can be strongly exacerbated by land use practices, and over time, can lead to both improved farming locations and detrimental, even catastrophic flooding within the same river basin, as illustrated by the Yellow River catchment in China over the past years Rosen et al.

We found that extreme flooding caused substantial amounts of soil to be eroded in all studies. Another study reported over 1. Small floods also influence soil formation, although their effects are less dramatic than extreme events. Some studies, such as one by Dewan et al. In addition to less erosion, small floods lead to less sediment accretion on river banks. Stromberg et al. They found that soil accretion generally increased with flood magnitude, but sediment accretion was similar in the 2 and 5-year floods compared to the year flood Stromberg et al. Studies reporting the effects of multiple small events were more common than those reporting on single flood events. An example of a multiple-event study is by Leyland et al.

Multiple-event studies are difficult to compare because some include an entire flooding season, while others include a few flood events. Therefore, more studies on small individual flood events would be beneficial for assessing the impacts of small floods on soil formation. Flooding is important for recharging underground water sources and recharge that results from flooding is especially beneficial during dry seasons when groundwater is the main source of freshwater in areas that experience pronounced wet and dry seasons Kazama et al. In most cases, floodwaters are beneficial to recharge groundwater but this equation is changing with population growth. Demand for drinking water and water for irrigation will increase with population growth Singh et al.

As a result, human populations deplete underground water stores through extraction for irrigation and, to a lesser extent, drinking water. The need for irrigation to supply water to crops will also likely increase in areas where global environmental change is expected to increase temperatures and change precipitation patterns and where people are converting natural land covers to agricultural land Taylor et al. The effects of flooding on water regulation vary depending on floodplain conditions and natural hydrologic variability.

For example, there is evidence that groundwater recharge is dependent on flood duration Benito et al. Additionally, inundation area determines how much floodwater infiltrates groundwater stores and larger inundation areas lead to more groundwater recharge. Therefore, flood mitigation strategies that reduce inundation area are detrimental to groundwater recharge processes Kazama et al. However, groundwater levels that increase during flooding and extend above riverbeds or the soil surface can also contribute to more extreme flooding e.

Gotkowitz et al. Groundwater flooding can last longer than riverine overbank flooding and possibly inundate basements, agricultural land, and roads Hughes et al. Therefore, it is optimal when groundwater is recharged but not to the point of overfilling during floods. In our review of past flooding events, groundwater recharge increased with flooding in all 13 studies. Most studies reported that extreme floods contributed more water to underground stores than small floods, but one study showed that smaller floods contributed a disproportionately large amount of water to groundwater stores Aksoy and Wittenberg Extreme floods contributed high volumes of water to groundwater stores.

For example, an extreme flood increased the groundwater level by 0. Additionally, Wang et al. Small floods occurring seasonally were also capable of supplying substantial amounts of water. For example, one seasonal flood increased groundwater level by more than 0. Therefore, both extreme, rare floods, and small floods occurring seasonally lead to increased water volume in underground water stores and improved water regulation. Flood events have contrasting effects on water quality. Increased terrestrial runoff from both surface and subsurface flow paths mobilize more dissolved nutrients on the landscape and reduce residence time in potential terrestrial sinks compared to water entering during base flow Buda and Dewalle ; Bende-Michl et al.

As a result, more nutrients are loaded into surface waters. However, while fluxes of dissolved constituents always increase during storms, concentrations show varied responses and may actually decline due in part to dilution during high flow events Goodridge and Melack ; Carey et al. In contrast, sediment concentrations and dissolved organic matter concentrations generally increase during storms, so that fluxes will increase at greater rates than discharge Raymond and Saiers ; Williams Total suspended solids TSS increases are further exacerbated in urban and agricultural catchments Pizarro et al. TSS and DOC have direct drinking water quality implications, while the impact of nutrients is often more indirect through ecosystem function such as stimulating primary production and creating suitable habitat and resources for aquatic organisms.

Thus, extreme flood events are likely to exacerbate water quality issues, particularly in watersheds dominated by anthropogenic land uses. Water quality is further influenced by transport, mixing, and dilution within the river network Hale et al. As a result, the spatial pattern of water quality degradation depends on the extent of the extreme event relative to pollution sources, the amount of runoff from clean water generating regions, and their spatial connectivity, which is also a question of scale. For example, a pollution source located downstream may be considerably diluted during extreme events due to massive upstream water inputs, as is evident in the Merrimack R. Total flux still increases, but concentrations can decrease due to dilution, so water quality impacts will depend on whether total flux or concentrations are more important for determining effects of pollutant changes.

Finally, aquatic transformations within the river network may affect water quality. Transformations include retention e. This regulating ecosystem service is strongly affected by flow Doyle ; Hale et al. This Issue. Generally, as flow increases, the ability to regulate downstream dissolved fluxes declines. However, this decline is a function of watershed size length of flowpaths within a river network , the distribution of sources within the watershed, the abundance of lakes, reservoirs and wetlands, as well as connectivity with floodplains Mineau et al.

Extreme floods are likely to connect flowing waters with floodplains where soils high in organic matter may remove nutrients Ensign et al. Models suggest that there is an optimal level of inundation for nutrient removal at network scales, most likely when flood waters are shallow and widely dispersed, and before waters become deeper with less contact with sediments Noe and Hupp However, this has not been empirically demonstrated. Nevertheless, floodplains are likely to regulate downstream fluxes where they occur. Anthropogenically-driven modifications such as levee building disconnect channels from floodplains, and thereby remove this function. As a result, storms transport more material downstream, potentially degrading water quality.

Extreme flooding is a leading cause of weather related infectious disease outbreaks Cann et al. Increases in disease after floods range from waterborne infections such as cholera and hepatitis A, to pathogens with more complex life cycles and transmission pathways like schistosomiasis and malaria. Flooding can disproportionately affect populations that are already at increased risk of disease due to poverty, poor sanitation and housing, and limited access to healthcare systems.

Quantifying disease occurrence attributable to floods is complicated by the long lag periods between the flood and disease presentation, as well as differences by location and population. Despite these difficulties, multiple studies have revealed associations between flooding and increases in disease. Pathogen transmission can occur through ingestion of contaminated drinking water or direct contact with flood waters. Due to these mechanisms, diarrheal and gastrointestinal GI illnesses are among the more common diseases noted after floods. The relatively short lag period between flooding and increases in GI illness noted in multiple studies indicated a viral infection due to direct contact with contaminated flood water Ding et al.

Other viral GI pathogens such as norovirus have been linked to outbreaks due to direct contact with sewage contaminated flood waters Schmid et al. Illnesses such as hepatitis A, bacillary dysentery, and diarrhea were also hypothesized to be due to direct exposure to floodwaters or contaminated drinking water Gao et al. A study of typhoid in Dhaka, Bangladesh showed that cases increase geographically around rivers and temporally after heightened rainfall and river levels Dewan et al.

Disease risk can also be modified by water source and possible disruption and changes in water source as a result of flooding. Kazama et al. The risk of infection was also mediated by water source, with greater risk from groundwater sources than surface water sources in sparsely populated regions Kazama et al. The effect of flooding on diarrheal illness is subject not only to the severity of the flood but the weather status prior to the flood. Heavy rainfall following dry periods could pose greater risk of diarrheal illness than continuous periods of wet weather Carlton et al.

A study of recurrent floods in India showed that long-term impacts of seasonal flooding are not as significant as that of sporadic flooding on childhood diarrheal illnesses Joshi et al. It is possible that in contrast to sporadic flooding, seasonal floods are predictable dangers in some regions and preparations can be made to avoid related illnesses. Extreme flooding has been reported as a risk factor for cholera outbreaks in many regions as well Griffith et al. Dual peaks in cholera occurrence in the Bengal delta were explained by both droughts and floods in the region Akanda et al. Two studies following illness after consecutive major floods in Bangladesh showed variation in the causative pathogens of diarrhea by flood with the most common pathogen being Vibrio cholerae followed by rotavirus.

Differences among the floods could be due to the natural seasonality of the diseases and other secular trends in healthcare occurring at the time of flood Harris et al. Incidences of disease which occur after flooding may be contracted through routes of exposure besides drinking water such as direct contact with floodwaters, where pathogens can enter the body through exposed or broken skin. A study of the health effects associated with the Alberta Canada floods revealed increases in tetanus shots and injuries associated with flooding Sahni et al.

Depending on the setting and the ability of the population to avoid the inundated area during the flood, it is possible that the majority of this direct contact risk comes from the clean-up process and not the initial inundation phase of the flood Fewtrell et al. Floods can also indirectly impact human health by supporting or spreading breeding grounds and dispersal of pathogen vectors. Flooding along the Yangtze River, China corresponded with the spread of schistosomiasis carrying snails to previously disease-free areas. Cases of schistosomiasis among humans and animals rose after a large flood in the area and the highest rates were localized to lakeside provinces along the Yangtze Wu et al.

Malaria was found to increase after extreme flooding in multiple studies due to the creation of stagnant pools of water that are necessary breeding grounds for the mosquitoes that carry and spread the pathogen. Boyce et al. This spike in morbidity occurred at a time that was uncharacteristic for malaria season and was attributed to the flood waters creating stagnant waters for breeding that otherwise would not be present Boyce et al. A temporal analysis of malaria after extreme flooding showed peak malaria rates at 25 days post-flood, consistent with the delay expected for mosquito growth, disease transmission and presentation Ding et al.

This lag period is much longer than that associated with viral GI illness and raises the issue of identifying an appropriate surveillance period when monitoring flood-related disease outbreaks. For certain diseases, a flood-related event might not show increases in cases until weeks after the flood has receded, especially if the organisms are able to remain in the soil. An outbreak of cryptosporidium among children in Halle, Germany was linked to their participation in activities on a floodplain 2 weeks after flood waters had receded and the floodplain had been reopened to the public Gertler et al.

It is clear that flooding has important impacts on infectious disease but future research is needed on the relationship between flood size, flood occurrence, environmental conditions, and risk of health impacts. Unfortunately, many other methodological issues continue to complicate our understanding of the links between flood events and disease. Improved disease surveillance and flooding impact assessments need to be made, with better record keeping and sharing between government, relief, and other agencies involved in flood response.

The disruptive nature of flood events can limit access to hospitals, possibly resulting in underestimates of disease rates if using hospital admission data or other forms of passive surveillance. Certain disease outcomes such as GI illness often may not require an ER visit or hospitalization which could also lead to underestimates of disease rates after flooding. Studies are also often correlative. Correlation analyses could be exposing direct relationships between flooding and disease or possible indirect relationships due to associations between flood risk areas and susceptible or high-risk populations.

Extreme weather events convey a risk with respect to waterborne diseases and will disproportionately impact sectors of populations with preexisting health problems Cann et al. Very large floods can also act to concentrate the population in areas with polluted water and poor hygiene services Griffith et al. Although impacts are not limited to regions with poor services e. A better understanding of how floods can negatively affect health can also aid in prevention methods such as prophylaxis or vaccination campaigns against certain diseases that might increase in incidence after flooding Dechet et al.

Finally, future studies should pay special attention to any differential health effects that can arise from sporadic flooding compared to seasonal rains e. Floods impact heterotrophic processes tied to the production and consumption of greenhouse gases GHG: CO 2 , CH 4 , and to some extent N 2 O as a climate regulating ecosystem service provided naturally by soil systems. These processes include aerobic respiration of a wide range of organic compounds in floodwater produces CO 2 , methanogenesis produces CH 4 , and methane-oxidation consumes CH 4.

Other processes e. Increased nitrogen supply during flooding may provide the raw materials for denitrification, but N 2 O production is generally small in floodplains Kaushal et al. Additionally, N 2 O production following flooding is variable and relies on inundation time, substrate, and temperature Kaushal et al. A thorough review of the conditions e. In addition to soil processes, flooding can transport large amounts of soil organic matter into aquatic ecosystems, where it can be processed further and release CO 2 Richey et al.

Although translating changes in GHG fluxes at the soil-atmosphere interface into a single variable of air quality regulation remains a challenge, many studies have documented how GHG fluxes change in response to floods and water pulses at the soil-atmosphere interface Kim et al. Although many more studies should be conducted to fully comprehend how GHG fluxes and associated air quality ecosystem services change following flooding events, some trends can be identified from published studies. Under wet antecedent conditions monsoon season , muted CO 2 and N 2 O responses were observed, while CH 4 emission increased following water additions Harms and Grimm On the other hand, CO 2 fluxes under these conditions generally do not change drastically following storms as they mostly vary on a seasonal basis with higher CO 2 fluxes during summer months.

From an ecosystem services perspective, this suggests that if flood events become more frequent, ecosystems may present higher overall efflux of GHGs Petrakis et al. Indeed, as indicated above, in water-limited environments, higher CO 2 production and associated emissions are likely to lead to overall increases in GHG emissions. In wetlands where strong CH 4 responses to storms are observed and where CH 4 can contribute large fractions of total GHG, an increased frequency in floods will also likely lead to overall increases in total GHG fluxes e. It is only in non-water limited environments where most CO 2eq fluxes are generated by CO 2 emissions that floods are unlikely to have any significant impact on total GHG fluxes, as only muted CO 2 responses to storms are observed in these environments.

Overall, climate and land use are therefore key factors to consider in assessing how floods might impact ecosystem services related to GHG induced changes in climate. Floods can impact drinking water when contaminants and pathogens are discharged into surface and underground drinking water sources. Any pollutants that are mobilized during flooding can impact drinking water sources.

For example, flooding can increase total coliform TC concentrations by suspending sediment containing coliforms in rivers Smith et al. Human wastes can also quickly infiltrate drinking water supplies during flooding in areas that lack proper waste disposal Zahoor et al. Additionally, animal wastes can contaminate drinking water by contributing nutrients, pathogens, and metals Burkholder et al.

Metals stored in sediment can also be resuspended in aquatic ecosystems or enter drinking water sources through connectivity with contaminated water or runoff Chrastny et al. Therefore, flooding has the potential to negatively impact drinking water supplies in a variety of ways. For our literature survey, we considered a mixture of drinking water sources including drinking water reservoirs, wells, and taps. Here, we used TC and metal concentrations to assess the effects of flooding on drinking water. Limits on these parameters are among many criteria set for drinking water but are the most commonly reported in the literature. Nevertheless, TC and metal concentrations were only reported in the literature for extreme flooding.

Therefore, we also included studies which quantified herbicides in drinking water supplies following flooding, including one study which quantified the herbicide atrazine after a small flood. These parameters were also included because they have significant health impacts when concentrations exceed drinking water standards. The plaintiff was not contributorily negligent.

The defendants argued that they were not joint tortfeasors, and thus not jointly and severally liable, as they were not acting in concert, and that there was not sufficient evidence indicating which defendant was responsible for the the injuries. A tragic motor vehicle event occurred in January of in Las Vegas that lead to safety concerns and the question - are driving licenses given too easily and should this right be given an extensive right to obtain? An implausible story highlighted a speeding driver who was under the influence of drugs marijuana and proceeded to his car being smashed into a building 60 feet up in the air.

Both individuals did survive the insane crash. Duty - is the first element of negligence which refers to the legal obligation imposed on someone requiring them to adhere to a certain standard of reasonable care while performing any acts that could harm. It can be concluded; a duty is established. Secondly, there must be a breach of duty, this is objectively assessed on the balance of probabilities. Firstly, in law how should the defendant have behaved in the circumstances?

Secondly, in fact how did the defendant behave, and did there conduct fall below the reasonable standard of care. However, all those dreams would never come true. The car which reflects the reality bring them to the tragedy. It is essential to state that which shifts is the evidential burden and it has to be proved on a balance of probabilities. Having considered the presumption of innocence as guaranteed under the constitution and the extent to which it is afforded protection, it is pertinent to consider the right contained and guaranteed under article 18 7 of the Constitution, which is to be discussed under the heading below.

Competence and Compellability of an Accused. Qualified immunity is a legal issue based on the factual occurrences of each individual case and should be judged on such facts. The police officers involved are to present the relevant facts of the case for determination of a qualified immunity. It is important that we are able to give our law enforcement community the tools to act when needed, and if an officer is acting in good faith without negligence, then the courts must have a system in place to back that work. It is also important that policing is not an exact science, and like a Physician, it will always be a best practice according to the law, the individual, and the circumstances surrounding each incident.

There are never two accounts exactly alike, and the qualified immunity is a must when working in an imperfect. Samuel S.

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