MLCommons/peoples_speech_v1.0 huggingface dataset:
first but if you would stand by me have some questions with regard to what's in the file and what the status was the efforts to adjust of course area that the next thing that has to happen is mr connor has to go back before the immigration judge and move to adjust his status arms with an approved i won thirty isn't that correct you and i are talking past one another maybe i am not articulating my questions very well but my understanding of the law is that once the alien obtains in approved i one thirty he has to go back either before a consular official if he's outside the country or an immigration official and in this case because he's in the port haitian proceedings the official must be the immigration judge and present the approved i one thirty in order to my question hasn't the ten years already run since there is no tolling of the ten years the ten years begins you have to be outside i thought you had to be outside i don't know that's a question i'm asking you this is a very thorny area was terms of the interplay between the regulations and and the structure then i couldn't find the answer to that i think you have to be outside in the new part for ten years from coming back and i'm not sure it's i haven't worked long enough to really  potential solution which were take care of this individual it's a very sympathetic ears what we're presented with a consequence of many litigation choices made in this case along the way to center waited seven years to file a motion t bar i would have to request an opportunity for supplemental briefings to very specifically answer the court's question regarding when that ten year period begins to run that i would difference one unfortunately i do not have any such discretion but the agencies that we represent before this court could and now i but this case having been in mediation i do think it is unlikely that there would be any different result reach than where we are today before submitting this case i would like to tell miss you a we do appreciate your coming here and very very short notice you probably heard about it friday night is that right or saturday seven
non retaliatory reason for why i wasn't promoted during this period could mean it's temporary employees are promoted it only means dictating but this doesn't explain why it wasn't promoted when other employees were salvatore report in early november and then a few days later when the hiring freeze actually went to fact the st term nation as a result of the hired his number seventy two thousand and sixteen but there's no evidence in the record of any temporary employees being promoted at that time argue that mr castiel statement supports why mr step wasn't promoted within the st eleven months we don't take that statement and look backwards and say this statement provides a reason for why he wasn't promoted within the
undone in some respects and it was just this to be the court undoing the defense's theory which was i didn't shoot the gun i didn't have a gun in my hand i understand that but on the other side of the coin i think he was entitled that he should be given evidently should he give an instrument a lesser included on voluntary manslaughter exactly because archie one of two theories either either heat of passion or imperfect self defense but there's very little you know hard to say under the p t p a standard of review that there was an unreasonable application of the appellate counsel standard for review and internet that's difficult well understand i think i understand your theory and where you're going cause we feel it was because of the the big court those first of all does not make credibility determinations at a preliminary hearing one of the issues and which is one of the issues i was raised in or any other control in federal law panicked or or spoke indicated any kind of belief of the other people had some weapons or were creating some sort of danger in barton which is one of the state relies on first of all the defense was and to answer your question you know and i also don't know it's very odd that i think the police coming to arrest him on something else actually did trigger his running i think that's clear from the record  but it's very odd that in the ceiling two weeks the mother was talking to him on the phone yet she takes the position she didn't know where he was actually she testified that he had called her i believe only on possibly twice and that he was not telling her where he was so she had no way to contact him which was the whole reason why is that he was again unavailable the prosecution tried to contact him through his mother but there simply was no way for her to contact let's just take away a standard never thing that they've been saying over and over never i didn't do it i didn't do it and you did it it's pretty clear he's making the implication that it was  and sat down would you be making the same argument that there's no crawford violation i think in that case i still would make the argument that the defendant was provided the opportunity for effect of a cross examination and the fact that the  remember very significant details that you would expect a witness to
is the applicant applied for asylum before the immigration judge asserting that he had a well founded fear of persecution based upon membership in a particular social group as a gay own openly gay mexican male and that he had been asked persecution immigration judge heard the case took it under submission and issued a very detailed thorough written the station and the prior counsel for the petition his status as a homosexual and not given him a fair trial had prejudged him and secondly they she argued that the judge erred in not finding that he was in fact a member of a protected social group counsel did not appeal but did not file a petition for review to the circuit court within thirty days and therefore not having done that they they waived that  if you read my brief you'll see that the judge was prejudicial court's my client read my grief and reverse the subsequent to that the  had been targeted by police the immigration judge and his decision to find openly gay male a member of an activist organization mexico city has been identified by the police has been beaten by the police that he was in mexico that is something that happened subsequent but he was harmed by the police and i got in the case i said on this is there not just montiel where in that case it was a transvestite so maybe he would be you know the government argu i thought he did a very good concise job of reviewing the facts what i had a problem was with was with his legal conclusions it's far as saying that he cannot be included as a member in a particular social group that would be subject to district then they would have local police also some one here and this is in the federal district so i think you'll probably be federal territory i mean special which would be under the federal government of mexico challenge the issue of relocation before the board because he didn't challenge it this court has no jurisdiction to review that issue because he didn't exhaust it and that issue is dispositive of his withholding and solemn claim and because he didn't address that issue returned to mexico thereby demonstrate through his actions that he does not have a subjective fear of persecution as the immigration judge noted pages two twenty two and you twenty three paying to live in the same house in mexico for three years after the last event about which he complained in country a you managed to go on trips to b c and where you may or may not be welcome well i don't know what your obligation would be but if you actually have a fear is that you're going to be persecuted harmed or abused then it's reasonable as the immigration judge noted to assume that you're not going to return this wasn't even the first time you came to united states don't know he may he may seek asylum elsewhere he may try to travel to another country i think the real question is that if you were to reach the masses are you compelled to find that because he left you came back several times that he did have a fear smaller village but also since he was persecuted by the government by the police of our country white persecution is presumed and the burden falls upon the government to show that
timely fashion one of those things has to be done within thirty days superhit any other no
additionally pursuant to the real estate
necessarily against him although that could be an element of  competent what you're looking at that point in time is the defendant's present mental health but when you're trying to investigate whether or not a mental state defense was available at the time of the trial that i went to trial counsels in this case there was an initial public defender who truly believed that there were mental state defenses here but then at the time when the trial came up a speck in public defender had been appointed at that time and apparently hadn't fully analyzed his file or at least didn't take the necessary preparation to investigate the availability of mental state defense what happened was with this public defender is after the conviction defense to begin with and he could not make a rational strategic determination not to a mental state defense if he had investigated it to begin with what we should really do know is have a half day trial in this case defendant was capable of standing trial he didn't go on and develop get a report saying here is the kind of defense you could offer and then rejected because he thought that wasn't good  prepare these reports they look just limited to exclusive area they go through this take it take african history they make a diagnosis so there was enough in there for counsel to make a well informed decision as to whether mental defense is a viable defense in this case and in fact there's a new year's greg noll says everywhere in these reports gets reflected of anti social bipolar disorders and these are all things that were there for council to make a well about this this person's past history it was my job and he also called for competency to be help because if we if we look at the record i think it was during the jury was here they had done his client made an are good reasons and we look at these good reasons that jumped out from the record really jump up on the record they're very apparent and if i can go back to that one other thing about introducing mental this bipolar disorder because this is a domestic  stocking his girlfriend oh my god what will you continue to do if we don't lock him away and put him away this are all concerned that counts the defense counsel always make it whenever choosing some type of defense that the jury didn't get a just the opposite came to conclude
fifty five hundred dollars investment into a thirty million dollar corporation at the one time well in the end the company collapsed and on his schedule he also listed two hundred thousand dollars of loan from the the second quarter of the corporation only about twenty six thousand dollars so it's not impossible he doesn't know that's just a huge amount of merchandise a couple hundred thousand dollars delivered at that time and also argument to pierce the corporate veil of audio and to hold all you would urge to hold mr amedroz so personally liable for the death of all you would products now because this was a bankruptcy proceeding there's a discharge it's a two step process to determine that a debt is not just chargeable first the must be the existence of a debt and obligation owed by the debtor hence he's arguing that the corporate veil should be pierced the bankruptcy court did not find sufficient evidence to justify coercion a corporate veil did not find it would work an injustice not to give the corporate veil but went further and said but even if we did here's the corporate veil it was no fraud by the a phone here had absolutely nothing to do was eat yet new communications with and he did not place the purchase orders the final purchase order to which council referred which was dated april seventeenth if we if we look at that window between the date of the last order april and the date of delivery june we see that in addition there were four more pain and after the final order was placed totaling fifty thousand dollars scaled down the operation the bankruptcy court found that they took the steps that any prudent management would take to attempt to ensure the survival of service survival of the company they conferred with mr marsh back in march two thousand and one because they saw that potentially they were going to be problems but at that point the company was still solvent the balance sheet still showed about a million dollars in shareholders equity as of may two thousand and one among day after the final ord would certain things that cause them to expand our operation consolidate things here to explain it in the hopes of getting new business and they believe that they had a significant claim against mr that it's a vision and in fact at one point they had an attorney who was prepared to pursue that action  when he did the aside it was in hopes that he himself would be able to avoid bankruptcy it didn't work out that way the bottom line your honour's is if we scour the record there is no and all the court held in felton was that based on an indirect benefit theory that you can hide make false representations to somebody and they all but it didn't benefit me a benefit to the corporation and i'm separate and i think perfect sense in a way it would  jersey and employers willfully and intentionally fail to play pay salary to an employee me even though he had the money to do so the this court noted that under california  wages are afforded special treatment and under the labor code a willful failure to pay wages when able to do so is a misdemeanor and based on that the court found that the
this so i'm trying to figure out where wow she was denied counsel at a point in time that makes any difference in this case  if they don't you're it's your responsibility to call them it appears counsel actually filed that application because you have a certified receipt but the testimony later when the judge says why didn't you get to  for not sending the notice out or back to the litigation is very clear that you have to follow the instructions of the russians you don't say that if you don't hear you have to call and the attorneys response at the hearing where you know cha friend makes it a broader sense we all know that the biometrics will show up sooner or later whether or not whether or not there's been a bureaucratic
that's the way out but only for one of us you just can't be and no one i will show ever no no no no please don't know what i don't know i won't i am your leader i come here to command a white man must be destroyed bennett thanks good night you got to get moving because i don't know how much longer cast telling stalin natives i'm going back in the to look for bentley malcolm not joining a suit i find him but billy you alison go ahead what it is not time to argue
correct that's right ok so you know what happens by the time so so it turns out on the whole they seek to remove him on the basis that felony corrected my understanding but i don't think i can call either of those and for each one what the hell around which i would suggest that there are actually two independent grounds each situation because  that's wrong that needs to be considered government came around later changed the rules or tried to acquire that retroactively that's not the case and again i would really like emphasize that i don't think that this whole other theory is even a properly before the court
in terms of our case what we have which is not perhaps the plethora of testimony that was in this case but we have sufficient testimony to establish the following elements one there is a piece of ice on the part or the  so if we're to try the case and expect that we will that would be evidence that this is where that i sort of fallen if it fell from there there's no other explanation for why it's there and you know people want a death row based  don't want to stray too far from the record but part of the basis for the national humiliation is that words have taken traditional notice of the winter conditions in central illinois we have these heavy snow storms we have record fluctuations between below freezing weather and above freezing weather and a good example is the last ten days here in springfield we had a huge snowstorm  jury verdict was that if they could find evidence of a defect then they could find the defendant alive then they heard testimony from for several witnesses who all individually watched war who are from this roof on to the i think is very instructive on what needs to show and they need to have some form of testimony establishing and actually be fair here there's obviously no such testimony and so as far as that allegation w say i'll be brief first of all let's talk about defects i have not seen a case of wires people i've had plenty of these cases where the water that's decided to create this condition through your own design in the case of mattresses the rule is not applicable over there the landlord in some way hawes and the natural relation well i don't have to my
almost impossible to say to put it in practical terms and the reason why is that the operator of this facility the private entity that was managing this facility at the time is medical secondly it would have been also next to impossible been in any kind of reverse from the doctor's him self because i mean this is a multimillion type of case not even on her husband's behalf and or of their children's behalf so we think that the plaintiffs how did lead to comply with the advance notice we know this requirement they did not comply with that municipality the mayor doesn't come out and greet the process or they have a procedure the end house council takes that so after that day nor to complain for three years and after only after a jury verdict on damages probably did but i'm not certain i can't i can't be sure on this that see the see the record but he probably did probably did by mail only we would not serve process again on that which is by mail is there anything in the based on the way it is the way the supreme court of puerto rico has been has been applying it but in any event it it's irrelevant because it was waived secondly what we just argued that the that the summons was not i'm actually was waived and i agree with the court that the municipality could have still brought in as brought in as as a for contribution either go bankrupt party or their insurance company they did not do so the they dropped a position that they had of the court below to the point alleging that the municipal legislature did not allowed the not that the municipal legislature did not authorize anybody to answer the complaint which would mean that they did have noticed but they did add something they didn't raise below which was  well you know we had we didn't even raise that on appeal because it was waived in our in our police brief this was this was clearly waived it was it was not raised below and  the district court addressing the intel issue that was that is not the opinion that's being appealed here that was years ago years before the final order that is what is being a too late for them to do anything about it after the jury verdict this should not be tolerated the district the district court referred to this tactic as an
because and we are students at mt mansfield union high school we're both passionate about filmmaking and last week we made a short horror film so here it is it's called the room s so that took quite a while the worst part of the ice machine in the lobby you're just sitting there first a long time just waiting for it to turn off in order to record sound for thirty seconds  i think another of the cool thing that people might want to know about would be the some of the special effects that we put into it the first one which was when my shoulder in the shot as well as another shot of me on the ground and how we did that we used the program called after effects which is great it allows you to do all kinds of cool things so we just i just basically cut half the video output half of it here and half of it there and just timed them together and worked really well what else was on the effects that we put in the durand oh yeah the blood on the doorknob using that same program after effects i just got some pictures of blood and i put them on the door knob and i used t that tracks the motion of the whole thing is pretty easy to do actually and then i attached the blood to that and then i cut around and made it look like it was staying there and i think it turned out looking pretty n all i was up to five in the morning editing it so it was fun  so we actually made this film for a contest which we did not win but we still had a lot of fun making it i hope you guys enjoyed that video we should be back in the coming months with possibly some more short films and talking to you about them right now we have another horror film from a young man named matthew plasty who's a local resident and he made a short film in titled he waits apparently about the straw man which i have absolutely no idea what it is let's find out dreaming i was literally having a party in the woods i wasn't going to be there long remembering the moment i just think to myself why i even drink the water is getting late i need to make shelter