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We wanted to do an early Windows 8 post about one of the most used features, and one we have not improved substantially in a long time. With the increasing amount of local storage measured in terabytes, containing photos (in multiple formats and very large files), music, and video, these common operations are being taxed in new ways. These changes, along with consistent feedback about what we could improve, have inspired us to take a fresh look and redesign these operations. Of course this is just one feature among many, but we wanted to start with something we can all relate to. Alex Simons is a director of program management on our Windows engineering team and authored this post on the redesign of some Windows file management basics. (PS: A lot of folks asked about Building Windows 8 Video #1 -- this is the user experience demo, http://win8.ms/uxpreview1. The numbering seems to be confusing so this will be our last numbered video.)--Steven
Copying, moving, renaming, and deleting are far and away the most heavily used features within Windows Explorer, representing 50% of total command usage (based on Windows 7 telemetry data). For Windows 8, we want to make sure that using these core file management commands, which we collectively refer to as “copy jobs,” is a great experience.
We know from telemetry data (which is based on hundreds of millions of individuals opting in to provide anonymous data about product usage), that although 50% of these jobs take less than 10 seconds to complete, many people are also doing much larger jobs, 20% of which take more than 2 minutes to complete. Prior versions of Windows Explorer can handle these kinds of jobs, but Explorer isn’t optimized for high-volume jobs or for executing multiple copy jobs concurrently.
Usability studies confirm what most of us know—there are some pretty cluttered and confusing parts of the Windows 7 copy experience. This is particularly true when people need to deal with files and folders that have the same file names, in what we call file name collisions. Lastly, our telemetry shows that 5.61% of copy jobs fail to complete for a variety of different reasons ranging from network interruptions to people just canceling the operation.
We clearly have an opportunity to make some improvements in the experience of high-volume copying, in dealing with file name collisions, and in assuring the successful completion of copy jobs.
Many of you reading this blog post come at this from a slightly different perspective. Like me, you might already have a third-party copy management tool that already addresses these high-volume scenarios. Our telemetry data shows that the most popular of these add-ons (such as TeraCopy, FastCopy, and Copy Handler) are running on fewer than .45% of Windows 7 PCs. While that might be a large absolute number given the size of the Windows 7 customer base, it still tells us that most people do not have a great tool for high-volume copy jobs.
We aren’t aiming to match the feature sets of these add-ons. We expect that there will be a vibrant market for third-party add-ons for a long time. Our focus is on improving the experience of the person who is doing high-volume copying with Explorer today, who would like more control, more insight into what’s going on while copying, and a cleaner, more streamlined experience.
In Windows 8, we have three main goals for our improvements to the copy experience:
- One place to manage all copy jobs: Create one unified experience for managing and monitoring ongoing copy operations.
- Clear and concise: Remove distractions and give people the key information they need.
- User in control: Put people in control of their copy operations.
Based on these goals, we made four major improvements to the copy experience. Here is a short video demo of these improvements—but keep reading for a more detailed tour.
If you don't see a video here or can't play it, download it here: High quality MP4 Low quality MP4
First, we’ve consolidated the copy experience. You can now review and control all the Explorer copy jobs currently executing in one combined UI. Windows 8 presents all pending copy jobs in this single dialog, saving you from having to navigate through multiple floating dialogs looking for the one you need.
Next, we’ve added the ability to pause, resume, and stop each copy operation currently underway. This gives you control over which copy jobs will complete first. You can also click any of the source or destination folders while the copy operation is taking place and open up those folders.
To support this new ability to prioritize and decide, we’ve added a detailed view with a real-time throughput graph. Now each copy job shows the speed of data transfer, the transfer rate trend, and how much data in left to transfer. While this is not designed for benchmarking, in many cases it can provide a quick and easy way to assess what is going on for a particular job.
Here you can see three copy jobs underway:
And here you can see how the speed of file transfer increases substantially when two of the copy jobs are paused:
We’re anticipating that many of you are going to want to know what we’ve done to improve the accuracy of the estimated time remaining for a copy to complete. (This has been the source of some pretty funny jokes over the years).
Estimating the time remaining to complete a copy is nearly impossible to do with any precision because there are many unpredictable and uncontrollable variables involved – for instance, how much network bandwidth will be available for the length of the copy job? Will your anti-virus software spin up and start scanning files? Will another application need to access the hard drive? Will the user start another copy job?
Rather than invest a lot of time coming up with a low confidence estimate that would be only slightly improved over the current one, we focused on presenting the information we were confident about in a useful and compelling way. This makes the most reliable information we have available to you so you can make more informed decisions.
Our last major set of improvements simplify and clean up the experience for resolving file name collisions, which we also refer to as “conflict resolution.” At this point we can admit that the current experience can be rather confusing. People don’t know which files are which, and they find it challenging to find the information they need to make a decision.
Windows 7 Conflict Resolution dialog
Our new design is much more clear, concise, and efficient, providing a much more visible and actionable approach to conflict resolution. All the files from the source are on the left. All the files in the target location with file name collisions are on the right. The screen layout is easy to understand and shows you the critical information for all the collisions, front and center in one dialog.
The new Windows 8 Conflict Resolution dialog
If you need to know even more about the conflicting files, you can hover over the thumbnail image to see the file path or double-click it to open it from here.
Finally, in addition to these big improvements, we’ve also done a thorough scrub and removed many of the confirmation dialogs that you’ve told us are annoying or feel redundant (i.e. “are you sure you want to move this file to the recycle bin?” or “are you sure you want to merge these folders?”) to create a quieter, less distracting experience.
All of this adds up to building a significantly improved copy experience, one that is unified, concise, and clear, and which puts you in control of your experience.
--Alex Simons
SID J. WHITEIN THE SUPREME COURT OF FLORIDA CASE NO- 80,080 STATE OF FLORIDA, Petitioner, vs . RONALD PALMER, Respondent. ON PETITION FOR DISCRETIONARY REVIEW................................. INITIAL BRIEF OF PETITIONER ON THE MERITS ROBERT A - BUTTERWORTH Attorney General Tallahassee, Florida JOAN FOWLER SENIOR ASSISTANT ATTORNEY GENERAL CHIEF, CRIMINAL LAW, WEST PALM BEACH BUREAU F L O R I D A BAR N O - 339067 CO-COUNSEL FOR P E T I T I O N E R JOHN TIEDEMANN Assistant Attorney General Florida Bar #319422 111 Georgia Avenue, S u i t e 204 West Palm Beach, Flarida 33401 Telephone: (407) 837-5062 Co-Counsel f o r Petitioner
TABLE OF CONTENTSTABLE OF CITATIONS. ...................... iiPRELIMINARY STATEMENT ..................... 1STATEMENT OF THE CASE AND FACTS.. .............. 2-5SUMMARY OF A R G U ~ N .T...................... 6ARGUMENT ON APPEAL.....,...........,... 7-10ISSUEDOES THE SOURCE OF ILLEGAL DRUGS USED BY LAWENFORCEMENT PERSONNEL TO CONDUCT REVERSESTINGS CONSTITUTIONAUY SHIELD THOSE WHOBECOME ILLICITLY INVOLVED WITH SUCH DRUGSFROM CRIMINAL LIABILITY?CONCLUSION .......................'.,.llCERTIFICATE OF SERVICE .................... 12
TABLE OF CITATIONSCASES PAGEGrissett v. State,594 So.2d 321 (Fla. 4th DCA 1992), 3,lO...review dismissed, Case No. 79,664 (Fla. May 29, 1992)Hampton u. United States, 425 U.S. 484 at 495 n.7, 96 S.Ct. 1646 at 1653 n.7, 48 L.Ed.2d 113 (1976)Kelly Y. State,593 So.2d 1060 (Fla. 4th DCA 1992), 1992). . . . . . . .3,lOreview denied, Case No. 79,280 (Fla. June 2,Palmer v. State,17 FLW D1286, 1287 (Fla. 4th DCA May 20, 1992), 5,7,9. . . . . . . . . . . . . .review pending, Case No. 80,080 (Fla. 1992)Robertson v. State, DCA July 15, 1992)........ 10 Case No. 91-2288 (Fla. 4thSmith v. State, April 2, 1992)............... 4 17 FLW S213 (Fla.State v . Bass, (Fla. 2nd DCA 1984)............. 4,9 451 So.2d 986State u. Jannotti, 1983) at 608. ............. 7 673 F.2d 578 (3d Cir.....United S t a t e s v. Beverly, 1............7,9 723 F.2d 11 (3d Cir. 1983)United States v. Russell, 43611L.UE.dS.2d4233,6643(51,97933).S..C.t..1.6.3.7.,..1.6.4.4.,........... 7United States v. Twiqq, 1978) ........ . . . . . . . . . 8,9 588 F.2d 373 (3d Cir.Williams v. State,593 So.2d 1064 (Fla. 4th DCA 1992), 3,5....review granted, Case No. 79,507 (Fla. July 6, 1992)FLORIDA STATUTES:Section 893.13(1)(e) ................,......2
PRELIMINARY STATEMENT Petitioner, the State of Florida, was the appellee in theFourth District m r t of Appeal and the prosecution in the trialcourt. The respondent was the appellant and the defendant,respectively, in the lower courts. In this brief, the partieswill be referred to as they appear before this Honorable Court. The symbol ' R ' will be used to reference the record onappeal. -1-
STATEMENT OF THE CASE AND FACTS On October 10, 1989, the State filed an information in the Broward County Circuit Court. This information charged respondent with having purchased cocaine within 1,000 feet of a schoolyard on September 20, 1988 in violation of section 893.13(1)(e), Fla. Stat. ( R 428). Respondent did not file a pretrial motion to dismiss. The cause was thus tried before Judge Patti Henning on August 8-10, 1990 (R 1-409). At trial, the State sought to prove respondent's guilt for the offense charged by introducing, i n t e r alia, evidence that he had bought crack cocaine from undercover Officer Edward Jackson an the evening in question (R 120-125). The particular rock cocaine respondent purchased from@ Officer Jackson had been reconstituted from previously- confiscated powdered cocaine by the chemists of the Broward County Sheriff's Office (R 119, 138, 167-168, 181-183, 196-198, 209-211, 223-224, 232-233, 243-244). Commander Linda DiSanto testified concerning the Office's reasons f o r employing this practice in reverse stings, as opposed to the alternative of merely recycling street cocaine, as follows: The BSO Crime Lab does manufacture cocaine crack rocks that we use on these stings f o r several reasons. One, there are no additives to the crack cocaine. Using the street cocaine that we've seized, it can be cut with many different things, including arsenic or things of this nature. If a defendant should for some reason swallow these [street] drugs, then his life is much more in jeopardy than if he had just ingested the crack on its own. The crack cocaine that's manufactured is pure- made from pure cocaine and there are no additives. -2-
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(R 198). Commander DiSanto added: ..Project CRADLE [Coordinated Anti-Drug Law Enforcement Officers] is set up to keep drugs out of the neighborhood twenty- four hours a day both when children are walking to and from school and if they're in classrooms, looking out to see a drug dealer near a school. They also should not have to go on to their school grounds and find hypodermic needles and crack cocaine vials and things of this nature when they do get to school. (R 197, 209-211). Officer Charles Wisher confirmed that law enforcement personnel had set up shop in the instant area between two schools because this area was already known as ' a very hot spot' f o r the drug trade (R 170-171). The record does not reveal that any cocaine rocks were 'lost' by law enforcement personnel to the streets during the particular operation which had led to respondent's apprehension (R 139). Respondent was found guilty as charged, and was so adjudged on August 10, 1990 (R 403, 406, 464-465). On August 31, Judge Henning imposed the statutorily-required 3-year mandatory minimum prison sentence (R 421-422, 468).' Respondent timely appealed these dispositions to the Fourth District C o u r t of Appeal (R 4 7 2 ) . On appeal, respondent alleged that Judge Henning had fundamentally erred by failing to dismiss h i s drug charge sua sponte on state constitutional due process grounds. Respondent relied upon the Fourth District's ensuing decisions of Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA 1992), review denied, Case No. 79,280 (Fla. June 2, 1992) and Grissett v. State, 594 So.2da 321 (Fla. 4th DCA 1992), review dismissed, Case No. 79,664 (Fla. May 29, 1992); see also Williams v. State, 593 So.2d 1064 (Fla. -3-
4th DCA 1992), review granted, Case No. 79,507 (Fla. July 6,1992). These decisions collectively decree that the State's useof 'manufactured' rock cocaine to build a drug purchase orpossession case against a criminal defendant renders thedefendant immune from prosecution f o r these offenses, regardlessof whether the defendant properly preserved this issue at trial. The State sought to distinguish Kelly from Palmer because,in the latter case, it had clearly articulated a rational basisfor its use of 'manufactured' crack rock (R 197-198, 209-211).The State further asserted that, unlike the defendant in Kelly,respondent had not shown that the State had 'lost' any of itsrocks to the streets during the particular operation which hadled to his apprehension (R 139). The State also pointed out thatpreservation had not been an issue in either Kelly or Williams,and urged that the Fourth District revisit its holding inGrissett that all alleged Kelly errors were fundamental. Forthis proposition, the State relied prominently upon this Court'ssubsequent decision of Smith v. State, 17 FLW S213 (Fla. April 2,1992). 1 Finally, the State asserted that the Fourth District'sJ. In Smith, this Court announced: We hold that any decision of this Court announcing a new rule of law, or merely applying an established rule of law to a new or different factual situation, must be given retrospective application by the courts of this state in every case pending on direct review or not yet final. To benefit from the chanqe in law, the defendant must have timely objected at trial if an objection was required to preserve the issue for appellate review.Smith v. State, 17 FLW S213, 214. -4-
precedents were contrary to the decision of State v. Bass, 451So.2d 9 8 6 (Fla. 2nd DCA 1984).2 In Palmer v . State, 17 FL D1286, 287 (Fla. 4th DCA May20, 1992), review pending, Case No. 80,080 (Fla. 1992), theFourth District nevertheless ruled that respondent's case shouldbe dismissed based upon its interpretations of its aforecitedauthorities. However, that court certified to this Court thatthe following question was of great public importance: DOES THE SOURCE OF ILLEGAL DRUGS USED BY LAW ENFORCEMENT PERSONNEL TO CONDUCT REVERSE STINGS CONSTITUTIONALLY SHIELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY?Id. The Fourth District had earlier certified the identicalquestion in Williams v. State, 593 So.2d 1064. The court alsonoted possible conflict with the the Second District's decisionof State v. Bass. Palmer v. State, 17 FLW D1286, 1287. On June12, the Fourth District issued its mandate to the trial court.On June 19, the State timely filed its notice to invoke thediscretionary certiorari jurisdiction of this Court. On July 2,this Court postponed its decision on jurisdiction, but orderedbriefing on the merits. This brief follows. In State v. Bass, 451 So.2d 986, 987-988, federal authoritieshad supplied the Tampa Police Department with marijuana to use inreverse stings, despite the fact that a federal magistrate hadordered the marijuana destroyed. The Second District discountedBass' argument that the alleged illegal use of the marijuana bythe authorities in the sting operation which had led to h i sarrest constitutionally precluded his prosecution. -5-
SUMMARY OF THE ARGUMENT The opinion of the Fourth District C o u r t of Appeal shouldbe quashed, and this case remanded with directions thatrespondent's conviction be reinstated. The District Court wasincorrect in holding that the practice of the Browasd Sheriff'soffice of reconstituting powder cocaine seized as contrabandinto the crack rock form of cocaine was illegal. Further, evenif the action of the sheriff's office was illegal, thisillegality would not insulate petitioner from criminal liabilityas his r i g h t to due process af law was not violated. Respondentwould have purchased the crack cocaine, no matter what thesource, so there was no prejudice. -6-
ISSUE DOES THE SOURCE OF ILLEGAL DRUGS USED BY I A W ENFORCEMENT PERSONNEL TO CONDUCT REVERSE STINGS CONSTITUTIONXLLY SHIELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY? ARGUMENT The State requests that this Court answer the abovecertified question in the negative. The State believes that theaction of the Broward County Sheriff's office in reconstitutingpowder cocaine to crack cocaine was not illegal manufacture ofcontraband. The State maintains that the trial court's refusalto dismiss the charge against respondent was correct, especiallyin light of the valid safety considerations voiced belowattending the distribution of adulterated cocaine. Palmer v.State, 17 FLW D1286 , 1287. The Sheriff I s office was not actingin an outrageous or illegal manner by reconstituting powder crackcocaine, which had no evidentiary value, into unadulterated crackcocaine rocks for use in a reverse sting. Judge Henning's refusal to dismiss the charge againstrespondent is supported by a federal court of appeals case,United States v. Beverly, 723 F.2d 11 (3d Cir. 1983), which heldin response: to a similar 'violation of due process of law claim': Unlike the entrapment defense, the argument defendants IlOW raise is constitutional and should be accepted by a court only to 'curb the most intolerable government conduct.'I [State v.] Junnotti, [ 673 F.2d 578 (3d Cir. 1983)J at 608. The Supreme Court has admonished us that the federal judiciary should not exercise a'I' Chancellor's foot' veto over law enforcement practices of which it [does] not approve.' United States u. Russell, 411 U.S. 423, 435, 93 S.Ct. 1637, 1644, 36 L.Ed.2d 366 (1973). We -7-
are not prepared to conclude that the police conduct in this case shocked the conscience of the Court or reached that 'demonstrable level of outrageousness' necessary to compel acquittal so as to protect the Constitution. Hampton Iu. United States] 425 U.S. [484J at 495 n.7, 96 S.Ct. [1646] at 1653 n.7, [48 L.Ed.2d 113 (1976)](Powell, J., concurring). This conclusion, however, should not be construed as an approval of the government's conduct. To the contrary, we have grave doubts about the propriety of such tactics.a,at 12-13.While finding that the tactics used by the governmentagents in facilitating the defendants' participation in aconspiracy and attempt to destroy a government building by firetroubled the court, it was not a constitutional violation, andwas not a violation of due process. Id. The same result shouldapply here.The instant case does n o t meet the level of outrageousconduct found in United States v. Twiqq, 588 F.2d 3 7 3 ( 3 d Cir.1978). That court found that 'the government involvement in the..criminal activities of this case reached 'a demonstrablelevel of outrageousness,'at 380 because in that case: At the behest of the Drug EnforcementAgency, Kubica, a convicted felon striving toreduce the severity of his sentence,communicated with Neville and suggested theestablishment of a speed laboratory. TheGovernment gratuitously supplied about 20percent of the glassware and the. . .indispensable ingredient, phenyl-2-propanone. The DEA made arrangements with chemicalsupply houses to facilitate the purchase ofthe rest of the materials. Kubica, operatingunder the business name 'Chem Kleen' suppliedby the DEA, actually purchased all of thesfuupnpnelli.es.w. i. tWhhetnheproebxlceempstiwoenreofenacousnetpearreadtoirnylocating an adequate production site, theGovernment found the solution by providing an -8-
isolated farmhouse well-suited for thel.o.c.atAiot n of an illegally operated laboratory. all times during the productionprocess, Kubica [the government agent] wascompletely in charge and furnished all of thelaboratory expertise.2Id 'at 380-381. Therefore, the finding that the actions of theDEA a g e n t s were 'egregious conduct because it 'deceptivelyimplanted the criminal design in [the defendant's] mind,' islimited to the facts of that particular case. Clearly, Twiqq isnot applicable to the facts in the case at bar, since respondentwas not set up or enticed by the police into any criminalenterprise analogous to the criminal enterprise which took placein Twiqq. Further, Twiqq was limited by Beverly.The State must stress that respondent did not even argue toJudge Henning that he was the subject of improper police conduct.Therefore, respondent implicitly admitted that he would havepurchased crack cocaine from someone, whether or not the reversesting was operational. The Sheriff's Office's action in havingf o r sale unadulterated reconstituted crack does not vitiate thelawfulness of the reverse sting. Respondent was a willing buyer.As such, any alleged illegality of the actions of the Sheriff'sOffice would not insulate respondent from criminal liability forhis crime. State v. Bass, 451 So.2d 986, 988. The FourthDistrict clearly erred by finding that the actions of the policebelow created a violation of respondent's right to due process oflaw. The government conduct was not 'outrageous.'Palmer v. State conflicts with this Court's decision of Smith v.State on preservation. It conflicts with the Second District'sdecision of State v. Bass on the merits. Moreover, six judges -9-
and two senior judges of the F o u r t h D i s t r i c t have indicated theirdisagreement with Kelly and its progeny. See Kelly v. State, 593So.2d 1060, 1061 and Robertson v. State, Case No. 91-2288 (Fla.4th DCA J u l y 15, 1992). For all these reasons Palmer, theprogeny of Kelly and Grissett, must be reversed. - 10 -
CONCLUSION WHEREFORE, based on the foregoing reasons and authoritiescited therein, the State respectfully requests this HonorableCourt ACCEPT discretionary jurisdiction in the instant case,QUASH the opinion of the District Court, and REVERSE this causewith directions that respondent's adjudication and sentence bereinstated. Respectfully submitted, ROBERT A = BUTTERWORTH Attorney General Tallahassee, Florida OR ASSISTANT ATTORNEY GENERAL CRIMINAL LAW, ST PALM BEACH BUREAU F L O R I D A BAR NO. 339067 CO-COUNSEL FOR PETITIONER Ass ustant Attorney General Florida Bar #319422 111 Georgia Avenue, Suite 204 West Palm Beach, Florida 33401 Telephone: (407) 837-5062 Co-Counsel for Petitioner - 11 -
CERTIFICATE OF SERVICE I CERTIFY that a true copy of the foregoing Brief hasbeen furnished by courier to: Ms- Susan D. Cline, AssistantPublic Defender, Counsel for Respondent, 9th Floor/GovernmentalCenter, 301 N. Olive Avenue, West Palm Beach, FL 33401 this 27thday of July, 1992. /r&- of CounselJT/mlt - 12 -