alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Third District Court of Appeal State of Florida Opinion filed January 9, 2019. Not final until disposition of timely filed motion for rehearin g.

________________ No. 3D17-1567 Lower Tribunal No. 15-265

________________ 

### Rafael Cendan, Appellant,

vs. 

### The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Stacy D. Glick, Judge. Rafael Cendan, in proper person. Ashley Brooke Moody, Attorney General, and Marlon J. Weiss, As sistant Attorney General, for appellee.

Before FERNANDEZ, SCALES and LUCK, JJ.
PER CURIAM.2 Rafael Cendan appeals an order denying, after an evidentiary h earing, his postconviction motion alleging claims for ineffective assistanc e of defense counsel. See Fla. R. Crim. P. 3.850. We affirm. To establish a claim of ineffective assistance of counsel, Cend an must demonstrate both that defense counsel’s performance was deficie nt and that the deficiency prejudiced him. See Strickland v. Washington, 466 U. S. 668 (1984); Chandler v. State, 848 So. 2d 1031, 1035 (Fla. 2003). Cendan a sserts that his defense counsel was ineffective for counsel’s alleged failure t o advise Cendan of available defenses prior to Cendan pleading guilty to the under lying charges. To prevail on this claim, Cendan was required to prove both: (i) t hat defense counsel’s performance was deficient; and (ii) that under “the totality of the circumstances surrounding the plea,” there was a reasonable probability that, but for defense counsel’s deficiency, Cendan would have gone to trial instead o f entering a plea. Grosvenor v. State, 874 So . 2d 1176, 1181-82 (Fla. 2004). Based on the evidence adduced at the evidentiary hearing conduc ted below, the trial court concluded that defense counsel was not at all d eficient and denied Cendan’s rule 3.850 motion. Having reviewed the record, we fin d no error in the trial court’s determination. See Mungin v. State, 932 So. 2d 9 86, 998 (Fla. 2006) (“In reviewing a trial court’s ruling after an evidentiary hear ing on an ineffective assistance of counsel claim, this Court defers to the factual f indings of the trial court3 to the extent that they are supported by competent, substantial evidence, but reviews de novo the application of the law to those facts.”). We there fore affirm the order denying Cendan’s motion for postconviction relief. Affirmed.
---

---

Exhibit 15.1

Brightman Almagor Zohar
& Co.

CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the
incorporation by reference of our report dated March 23, 2009 included in the Annual
Report on Form 20-F of Nova Measuring Instruments Ltd. (the Company) for the
fiscal year ended December 31, 2008 into the Registration Statements on Form S-8 of the
Company, filed with the Securities and Exchange Commission on the following dates:
September 13, 2000 (File No. 333-12546); March 5, 2002 (File No. 333-83734); December 24,
2002 (File No. 333-102193); March 24, 2003 (File No. 333-103981); May 17, 2004 (three
files; File Nos. 333-115554, 333-115555, and 333-115556); March 7, 2005 (File No.
333-123158); December 29, 2005 (File No. 333-130745); January 5, 2006 (two files, File
Nos. 333-102193 and 333-115556); September 21, 2006 (File No. 333-137491) and November 5,
2007 (File No. 333-147140) and into the Registration Statement on Form F-3 of the Company,
filed with the Securities and Exchange Commission on May 11, 2007 (File No. 333-142834).

/s/ Brightman Almagor
Zohar & Co.

Brightman Almagor Zohar
& Co.

Certified Public
Accountants

A member of Deloitte
Touche Tohmatsu

Tel Aviv, Israel

March 29, 2009



---

---
Exhibit 32.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Vanessa Avila, President and Chief Executive Officer of Tortuga Mexican Imports, Inc., hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)	the quarterly report on Form 10-QSB of Tortuga Mexican Imports, Inc. for the period ended November 30, 2005 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)	the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Tortuga Mexican Imports, Inc.

Dated: January 12, 2006

/s/ Vanessa AvilaVanessa Avila
President, Chief Executive Officer (Principal Executive Officer)
### **CHAPTER 1101—JEWISH WAR VETERANS OF THE UNITED STATES OF AMERICA, INCORPORATED**

Sec.
110101.
Definition.
110102.
Organization.
110103.
Purposes.
110104.
Membership.
110105.
Governing body.
110106.
Powers.
110107.
Restrictions.
110108.
Duty to maintain corporate and tax-exempt status.
110109.
Records and inspection.
110110.
Service of process.
110111.
Liability for acts of officers and agents.
110112.
Annual report.
### **CHAPTER 801—GENERAL FEDERATION OF WOMEN'S CLUBS**

Sec.
80101.
Organization.
80102.
Purposes.
80103.
Constitution and bylaws.
80104.
Property.
80105.
Principal office and meetings.
80106.
Distribution of assets on dissolution.
NRC APPROVES POWER UPRATE FOR 

VOGTLE NUCLEAR POWER PLANT 

 The Nuclear Regulatory Commission, on Feb. 27, approved a request by Southern 

Nuclear Operating Company to increase the generating capacity of Units 1 and 2 at the Vogtle 

nuclear power plant by 1.7 percent each. Both reactors are about 26 miles southeast of Augusta, 

Ga. 

 The NRC staff determined that Southern Nuclear could safely increase the reactor’s 

output primarily through more accurate means of measuring feedwater flow. NRC staff also 

reviewed Southern Nuclear’s evaluations showing the plant’s design can handle the increased 

power level. 

The NRC's safety evaluation of the plant’s proposed power uprate focused on several 

areas, such as the nuclear steam supply systems, instrumentation and control systems, electrical 

systems, accident evaluations, radiological consequences, operations and training, testing, and 

technical specification changes. 

The power uprate will increase Vogtle Unit 1’s generating capacity from approximately 

1109 to 1174 megawatts electric, and Unit 2’s generating capacity from approximately 1127 to 

1173 megawatts electric. Southern Nuclear intends to implement Unit 1’s uprate at the 

completion of the spring 2008 refueling outage and Unit 2’s uprate at the completion of the fall 

2008 refueling outage. 

The NRC previously published a notice about the power uprate application in the Federal 

Register providing the public an opportunity to comment or request a hearing. No requests were 

submitted. The agency’s evaluation of the Vogtle Units 1 and 2 uprates is available through the 

NRC’s ADAMS electronic document database by entering ML080350345 on this Web page: 

http://adamswebsearch.nrc.gov/dologin.htm . 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site. 

 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 08-043 March 4, 2008
#### John McKissick, Appellee, v. O’Gara Coal Company, Appellant.

(Not to he reported in full.)

Appeal from the Circuit Court of Saline county; the Hon. A. W. Lewis, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed May 1, 1914.

Statement of the Case.

Action By John McKissick against O’Gara Coal Company to recover for injuries sustained by plaintiff caused by a fall of coal while he was working in defendant’s mine. From a judgment in favor of plaintiff, defendant appeals.

M. S. Whitley, for appellant.

S. M. Clark and John L. Thompson, for appellee.

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice McBride

delivered the opinion of the,court.

*512Abstract of the Decision.

1. Mines and minerals, § *179*
      ***
      *—When recovery for injuries resulting from fall of coal sustained by the evidence.*In an action for personal injuries sustained by plaintiff by a quantity of coal falling upon him from the face of the coal he was undercutting, it was alleged that the falling of the coal was on account of the rib on each side of the room being so thin as to allow the coal and pillars to press out from the face of the coal when the coal was undercut. *Held*that a verdict for plaintiff was sustained by the evidence, it appearing that the plaintiff was not acquainted with the conditions surrounding the room, that he had not observed the width of the pillars and that his attention had not been called to the thinness of the pillars.

2. Mines and minerals, § *152*
      ***
      *—when expert testimony admissible.*In an action for injury to a miner alleged to have been caused by a “squeeze” in a mine, permitting expert witnesses to testify that the pillars in the room where the injury occurred were not sufficient to support the roof, *held*not improper where the witnesses were shown to have such knowledge as would justify an opinion as to the required width of a pillar to support the roof and the effect that a thinning of a pillar would have upon the roof.
#### § 2421.15 Secret ballot.

*Secret ballot* means the expression by ballot, voting machine or otherwise, but in no event by proxy, of a choice with respect to any election or vote taken upon any matter, which is cast in such a manner that the person expressing such choice cannot be identified with the choice expressed, except in that instance in which any determinative challenged ballot is opened.
### §21506. Reciprocal notifications

It is the sense of Congress that the Secretary of State, in consultation with the Attorney General and the Secretary of Homeland Security, should seek reciprocal international agreements or arrangements to further the purposes of this chapter and the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).1 Such agreements or arrangements may establish mechanisms and undertakings to receive and transmit notices concerning international travel by sex offenders, through the Angel Watch Center, the INTERPOL notification system, and such other means as may be appropriate, including notification by the United States to other countries relating to the travel of sex offenders from the United States, reciprocal notification by other countries to the United States relating to the travel of sex offenders to the United States, and mechanisms to correct and, as applicable, remove from any other records, any inaccurate information transmitted through such notifications.

(Pub. L. 114–119, §7, Feb. 8, 2016, 130 Stat. 23.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 114–119, Feb. 8, 2016, 130 Stat. 15, known as the International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 2016 Act note set out under section 10101 of this title and Tables.

The Sex Offender Registration and Notification Act, referred to in text, is title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, which was classified principally to subchapter I (§16901 et seq.) of chapter 151 of Title 42, The Public Health and Welfare, prior to editorial reclassification as subchapter I (§20901 et seq.) of chapter 209 of this title. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables.

#### Codification

Section was formerly classified to section 16935e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

1 See References in Text note below.
#### Geraldine L. Thompson et al., Appellants, v. Marshall Mundheim, Respondent.

No opinion. Present — Townley, Glennon, Untermyer, Dore and Callahan, JJ. [180 Misc. 1002.]
**Exhibit 31.1**

 

**SARBANES-OXLEY**

**SECTION 302 CERTIFICATION**

 

I, Dan W. Matthias, certify that:

 

1.               I have reviewed this Quarterly Report on Form10-Q of Mothers Work, Inc.;

 

2.     Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;

 

3.     Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;

 

4.     The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a–15(e) and 15d–15(e)) for the registrant and have:

 

a)   designed such disclosure controls and procedures,or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

b)   evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

c)   disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

 

5.     The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of the internal control over financial reporting, tothe registrant’s auditors and the audit committee of registrant’s board ofdirectors:

 

a)   all significant deficiencies and materialweaknesses in the design or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and

 

b)   any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

 

 
| February 17, 2004 |                      | **/s/ Dan W. Matthias** |   |
|------------------------|---------------------------|-------------------------|--------|
| Date                   | Dan W. Matthias           |                    |
|                   | *Chief Executive Officer* |                    |

 

----
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Adherex Technologies Inc. (the Company) on Form 10-Q
for the period ended June 30, 2008 (the Report), each of the undersigned, William P. Peters, Chairman and Chief Executive Officer of the Company, and James A. Klein, Jr., Chief Financial Officer of the Company, hereby
certifies pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 12, 2008



By:

/s/ William P. PetersWilliam P. Peters Chairman and Chief Executive
Officer


Date: August 12, 2008



By:

/s/ James A. Klein, Jr.James A. Klein, Jr. Chief Financial
Officer
```

[107th Congress Public Law 32]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ032.107]

[[Page 115 STAT. 214]]

Public Law 107-32
107th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
 1030 South Church Street in Asheboro, North Carolina, as the ``W. Joe 
 Trogdon Post Office Building''. <<NOTE: Aug. 20, 2001 -  [H.R. 821]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 1030 
South Church Street in Asheboro, North Carolina, shall be known and 
designated as the ``W. Joe Trogdon Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``W. Joe Trogdon Post Office 
Building''.

    Approved August 20, 2001.

LEGISLATIVE HISTORY--H.R. 821:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 147 (2001):
            Mar. 14, considered and passed House.
            Aug. 3, considered and passed Senate.
```
§ 550.1304 Overtime hourly rates of pay. ( a ) For a firefighter who is covered by (*i.e.,* nonexempt from) the overtime provisions of the Fair Labor Standards Act (FLSA), the overtime hourly rate of pay equals 11 ⁄ 2 times the firefighter hourly rate of basic pay for that firefighter, as established under § 550.1303(a) and (b)(2).
( b ) For a firefighter who is exempt from the FLSA, the overtime hourly rate is computed as provided in § 550.113(e).
( c ) For any firefighter, overtime pay for any pay period is derived by multiplying the applicable overtime hourly rate by all overtime hours within that period.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 801 Warrenville Road

 Lisle IL 60532

 Web Site: http://www.nrc.gov

No. III-02-041 July 9, 2002

CONTACT: Jan Strasma (630)829-9663 E-mail: opa3@nrc.gov

Viktoria Mitlyng (630)829-9662

NRC NAMES NEW RESIDENT INSPECTOR

AT POINT BEACH

Nuclear Regulatory Commission officials in Lisle, Illinois, have assigned R. Michael Morris as

a resident inspector at the Point Beach Nuclear Power Station located in Two Rivers, Wisconsin.

Morris, who began his duties at Point Beach in May, replaces Raymond Powell who has been

appointed senior resident inspector at the Perry Nuclear Power Station in Perry, Ohio.

Prior to his most recent assignment, Morris worked in the Operator Licensing Branch of the

agency’s Region III office. Before joining the NRC on June 19, 2000, he worked at the Diablo Canyon

Nuclear Power Plant in San Luis Obispo, California, in emergency planning, engineering and

operations training. He received his senior reactor operator certification at Diablo Canyon. Morris has

worked as an engineering and operations trainer at Babcock & Wilcox and an auxiliary operator at the

Summer Nuclear Power Plant in South Carolina. 

Morris served as a nuclear machinist on a nuclear submarine U.S.S. Parche SSN-683 for six

years. He earned a bachelor’s degree in math and physics from the University of South Carolina. 

Morris, his wife and four sons live near Denmark, Wisconsin.

Morris joins NRC Senior Resident Inspector Paul Krohn at the Point Beach plant. They can be

reached at 920/755-2309.

# # #
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Office of the United States Trade Representative

# AGENCY:

Office of the United States Trade Representative.

# ACTION:

Update for the public. 

## Background

                    In                     **Federal Register**                     notice 04-18716, dated August 17, 2004, the Office of the U.S. Trade Representative sought public input on ideas for deepening transatlantic economic ties and requested that written comments be submitted no later than November 15, 2004. In view of the fact that further public dialogue sessions are being organized for later this year, the deadline for submission of written comments is being extended to December 31, 2004. Electronic submissions should continue to be sent to                     *FR0438@ustr.eop.gov;*                     please refer to the previous                     **Federal Register**                     notice, referenced above, for details on making such submissions.                

The public is advised to call Lisa Errion, Director for Central and Southeast Europe, Office of the U.S. Trade Representative at (202) 395-3320 for further information.

Catherine A. Novelli,

Assistant United States Trade Representative for Europe and the Mediterranean.

[FR Doc. 04-24948 Filed 11-8-04; 8:45 am]

BILLING CODE 3190-W4-P