alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-90,729-01

EX PARTE DONALD MILLER BALL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2012-0434-A IN THE 217 DISTRICT COURT TH

FROM ANGELINA COUNTY

Per curiam. KELLER, P.J., YEARY, AND SLAUGHTER, JJ. dissent.

O P I N I O N

Applicant pleaded guilty to aggravated sexual assault of a child with a punishment cap

agreement ofthirty years, and wassentenced to twenty-five years’imprisonment. The TwelfthCourt

of Appeals dismissed the appeal. Ball v. State, No. 12-13-00190-CR (Tex. App.—Tyler Aug. 20,

2014)(not designated for publication). Applicant filed this application for a writ of habeas corpus in

the county of conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM.

PROC. art. 11.07.

Applicant contends, among other things, that counselwasineffective because he failed to hire

and consult with a sex offender treatment expert to support his punishment case. Based on the

record, the trialcourt has determined that counsel’s performance was deficient and that Applicant was
2

prejudiced.

Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984). The sentence in cause

number 2012-0434 in the 217 District Court of Angelina County is set aside, and Applicant is

th

remanded to the custody of the Sheriff of Angelina County for a new punishment hearing. The trial

court shall issue any necessary bench warrant within ten days from the date of this Court’s mandate.

Copies ofthis opinion shall be sent to the Texas Department ofCriminalJustice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: September 16, 2020

Do not publish
IN RESPONSE, PLEASE 

REFER TO: M140910 

 September 16, 2014 

MEMORANDUM TO: Mark A. Satorius 

 Executive Director for Operations 

FROM: Annette Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS – BRIEFING ON STRATEGIC 

PROGRAMMATIC OVERVIEW OF THE NEW REACTOR 

BUSINESS LINE, 9:30 A.M., WEDNESDAY, SEPTEMBER 10, 

2014, COMMISSIONERS’ CONFERENCE ROOM, ONE WHITE 

FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC 

ATTENDANCE) 

The Commission was briefed by the NRC staff on the near-term goals and challenges and 

longer-term projections, trends, and challenges in the area of construction oversight, vendor 

inspections, transition to operations, and large light water reactor licensing. 

The staff should continue the practice of conducting lessons learned reviews of the experience 

implementing 10 CFR Part 52. In particular, the next review should address whether the NRC 

can capture greater efficiencies in the process, and whether we should update the metrics for 

the length of time it will take to perform new reactor reviews under Part 52 based on experience. 

cc: Chairman Macfarlane 

 Commissioner Svinicki 

 Commissioner Ostendorff 

 OGC 

 CFO 

 OCA 

 OIG 

 OPA 

 Office Directors, Regions, ACRS, ASLBP (via E-Mail) 

 PDR
§ 1027.8 Procedures for salary offset. ( a ) Deductions to liquidate an employee's debt will be by the method and in the amount stated in the Executive Director's notice of intention to offset as provided in § 1027.4. Debts will be collected in one lump sum where possible. If the employee is financially unable to pay in one lump sum, collection must be made in installments.
( b ) Debts will be collected by deduction at officially established pay intervals from an employee's current pay account unless alternative arrangements for repayment are made.
( c ) Installment deductions will be made over a period not greater than the anticipated period of employment. The size of installment deductions must bear a reasonable relationship to the size of the debt and the employee's ability to pay. The deduction for the pay intervals for any period must not exceed 15% of disposable pay unless the employee has agreed in writing to a deduction of a greater amount.
( d ) Unliquidated debts may be offset against any financial payment due to a separated employee including but not limited to final salary or leave payment in accordance with 31 U.S.C. 3716.
*REVISED to correct docket number*

NRC SEEKS PUBLIC COMMENT ON DRAFT ENVIRONMENTAL REPORT FOR 

PROPOSED URANIUM DECONVERSION FACILITY IN NEW MEXICO

The Nuclear Regulatory Commission is seeking public comment on a Draft 

Environmental Impact Statement (DEIS) on a proposed facility in Lea County, N.M., that would 

deconvert depleted uranium hexafluoride from the uranium enrichment industry to make it more 

suitable for disposal. The DEIS contains the staff’s preliminary assessment that no large 

environmental impacts are expected from the proposed facility.

International Isotopes Fluorine Products Inc., a subsidiary of International Isotopes Inc., 

applied on Dec. 30, 2009, for a license to construct and operate the facility. The facility would 

deconvert depleted uranium hexafluoride from uranium enrichment facilities into fluorine 

products for commercial use and depleted uranium oxides for long-term stable disposal. The 

proposed plant would be located 14 miles west of Hobbs, N.M. 

NRC staff will hold a public meeting Feb. 2 to present the DEIS and to accept public 

comment on the report. The meeting will be held at the Lea County Event Center, 

5101 Lovington Highway, in Hobbs, from 5:30-8:30 p.m. For one hour before the meeting, NRC 

staff will be available to informally discuss the proposed project and the NRC’s environmental 

review of the application.

The application and information about the NRC license review process are available on 

the NRC website. The DEIS is available in the NRC’s ADAMS online database by entering 

Accession Number ML12001A000 in the Content Search box.

The NRC will accept written comments on the DEIS through Feb. 27. Comments may be 

submitted online at www.regulations.gov using Docket ID NRC-2010-0143, or mailed to Cindy 

Bladey, Chief, Rules, Announcements and Directives Branch (RADB), Division of 

Administrative Services, Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear 

Regulatory Commission, Washington, D.C. 20555-0001.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 12-004 January 9, 2012
###

NOTE: Anyone wishing to take photos or use a camera to record any portion of a NRC meeting should 

contact the Office of Public Affairs beforehand.

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.
No: IV-14-024 October 20, 2014

CONTACT: Victor Dricks (817) 200-1128

Lara Uselding (817) 200-1519

NRC Schedules Regulatory Conference to 

Discuss Apparent Violations at Arkansas Nuclear

 The Nuclear Regulatory Commission will meet with officials from Entergy Operations on 

Oct. 28 to discuss the safety significance of apparent violations related to flood protection which affect 

both units at Arkansas Nuclear One. The plant, operated by Entergy Operations, Inc., is located in 

Russellville, Ark.

 The NRC evaluates regulatory performance at commercial nuclear plants with a color coded 

process that classifies inspection findings as green, white, yellow or red in order of increasing safety 

significance. The NRC has preliminarily determined that the violations have substantial safety 

significance, or are “yellow” for both units.

 The flooding issue came to light following an incident that occurred at the plant on March 

31, 2013. Workers were moving a 525-ton component out of the plant’s turbine building during a 

maintenance outage when a lifting rig collapsed, causing the component to fall, damaging a fire main in 

the Unit 1 turbine building. Fire pumps started and pumped water into the building. Some of this water

leaked past degraded floor seals and flowed down onto the lowest level of the Unit 1 auxiliary building, 

covering the floor with two inches of water. Water also entered one of the safety-related pump rooms 

because a valve in an adjacent hallway was not fully closed.

 Following the event, a comprehensive inspection of flood barriers was undertaken by the 

licensee and the NRC, and numerous deficiencies were identified and subsequently documented in an 

NRC inspection report issued on Sept. 9. Due to the degraded condition of numerous flood barriers, in 

the unlikely event of extreme flooding at the site, the NRC has preliminarily determined that significant 

amounts of water could potentially have entered the auxiliary buildings and vaults where fuel for the 

plant’s emergency diesel generators is stored.

 The licensee has resolved the issue by replacing all of the degraded seals or parts, installing 

new penetration seals, implementing compensatory measures, or adding appropriate instructions to 

procedures to ensure the protection of vital safety-related equipment. The NRC has reviewed these 

corrective measures to ensure their adequacy.

 The public is invited to attend the Oct. 28 regulatory conference which will begin at 9 a.m. at 

the NRC’s Region IV office at 1600 E. Lamar Blvd., in Arlington, Texas. NRC officials will answer 

questions from the public after the business portion of the conference. A telephone bridge will be 

available for the meeting by calling 1-888-606-5946 and entering passcode 4812102.
Page | 2

 No decision on the final safety significance of the findings or any additional NRC actions 

will be made at the conference. That decision will be announced at a later date.
#### Frances Visich, Appellant, v. Christopher Visich, Respondent.

No opinion. Settle order on notice. Present — Peek, P. J., Dore, Callahan, Van Voorhis and Shientag, JJ.
Opinion issued November 21, 2017

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-17-00269-CV

———————————

MYONG LADNER, Appellant

V.

PARESHBHAI VANMALIBHAI PATEL AND 

MINAXI PARESHBHAL PATEL, Appellees

On Appeal from the 146th District Court

Bell County, Texas

Trial Court Case No. 278,589-B

MEMORANDUM OPINION

Appellant, Myong Ladner, has neither established indigence, nor paid, or 

made arrangements to pay, the fee for preparing the clerk’s record. See TEX. R. APP.

P. 37.3(b). After being notified that this appeal was subject to dismissal, appellant 

did not adequately respond. See TEX. R. APP. P. 37.3(b), 42.3(b). Accordingly, we 
2

dismiss the appeal for want of prosecution. We dismiss any pending motions as 

moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Caughey.
Exhibit 31.2
 Chief Financial Officer Certification
 
 
 I, Jeffrey W. Peterson, certify that:
 
 1.
I have reviewed this quarterly report on Form 10-Q of Brand Intermediate Holdings, Inc; 
 2.
Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report; 
 3.
Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report; 
 4.
The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have: 
 (c)
designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared; 
 (d)
evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report on such evaluation; and 
 (c)
disclosed in this report any change in the registrants internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting. 
 5.
The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions): 
 (c)
all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and 
 (d)
any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls over financial reporting; 
 
 Date: November 15, 2004
/s/ Jeffrey W. PetersonJeffrey W. PetersonChief Financial Officer,Vice President, Finance
# STATEOFLOUISIANA

COURTOFAPPEAL,FIRSTCIRCUIT

SHARELL HORTON AND ANDREA NORWOOD VERSUS 

### BATON ROUGE POLICE DEPARTMENT, 

### CITY OF BATON ROUGE/EAST BATON ROUGE PARISH, SAUNDRA W. WATTS, 

### AND STATE FARM MUTUAL 

### AUTOMOBILE INSURANCE COMPANY NO. 

### 2022 CW 0016

MARCH 10, 2022

In Re: 

### City of Baton Rouge/Parish of East Baton Rouge,



### applying 

## for supervisorywrits, 19th Judicial District Court, 

### Parish of East Baton Rouge, No. 

### 681306.

BEFORE: McDONALD, LANIER, AND WOLFE, TT.

WRIT GRANTED. The 

### district court' s August 2, 2021 

### ruling granting plaintiffs' motion to strike the 

## jury is reversed. A 

## pleading demanding a jury trial must be filed no later than ten days after service of the last pleading 

### directed to any issue 

## triable byjury. La. Code Civ. P. art. 1733(C). 

### The defendant, the 

### City/Parish of East Baton Rouge, filed an answer on March 26, 2021, in which it 

### included a request for a 

## jury trial. A 

## defendant may file its answer at 

### any time prior to the signing 

### of a default judgment against him. La. Code Civ. P. art. 1002. No 

### default 

### judgment was signed in this case, and therefore, the answer 

## filed by the 

### City/Parish of East Baton Rouge was 

### timely filed. 

## Sincedefendant'sjurydemandwasmade inan answer, it 

### necessarily was filed within ten days from the last 

### pleading directed to any issue triable 

### by 

## jury. See Boudreaux v. Total CATV, Inc., 536 So. 2d 571, 572 ( La. 

### App. lst Cir. 1988). Therefore, plaintiffs' 

## motion to strike thejuryis denied.
JMM WIL EW

COURT OF APPEAL, FIRST CIRCUIT

01

# 4DETY
CLE K OF COURT

FOR THE COURT
[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Notices]
[Page 5864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2597]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,929]


Fishing Vessel (F/V) Viking, Cordova, AK; Notice of Termination 
of Investigation

    Pursuant to section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on January 2, 2004 in response to a 
petition filed by a company official on behalf of workers of F/V 
Viking, Cordova, Alaska.
    The investigation revealed that the subject firm did not separate 
or threaten to separate a significant number or proportion of workers 
as required by Section 222 of the Trade Act of 1974. Significant number 
or proportion of the workers means that at least three workers in a 
firm with a workforce of fewer than 50 workers would have to be 
affected. Separations by the subject firm did not meet this threshold 
level; consequently the investigation has been terminated.

    Signed at Washington, DC, this 8th day of January, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-2597 Filed 2-5-04; 8:45 am]
BILLING CODE 4510-30-P
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 20, 2014

h0617 

# Order

Clerk June 20, 2014

148636

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 148636

COA: 315914

Midland CC: 11

- 008207

- AR

MICHAEL GOOD,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the December 6, 2013

order of the Court of Appeals is considered, and it is DENIED, becaus e we are not

persuaded that the question presented should be reviewed by this Court.

M ARKMAN , J. ( dissenting ).

I would grant leave to appeal to consider whether the trial court’s decision to

exclude evidence of the complainant’s alleged threat to a prosecution witness, as well as

evidence of the complainant’s alleged statement of an intention to get involved in a f ight

on the evening of the criminal incident for which defendant was convicted, violated

defendant’s statutory or constitutional right to present a defense. See Chambers v

Mississippi , 410 US 284 (1973); People v Barrera , 451 Mich 261 (1996); MCL 763.1.
EXHIBIT 32.1

CERTIFICATION PURSUANT TO SECURITIES EXCHANGE ACT RULES 13a-14(b) OR 15d-14(b) AND 18 U.S.C. SECTION 1350

In connection with the quarterly report on Form 10-Q of DTS, Inc. (the "Company") for the quarterly period
ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jon E. Kirchner, Chairman and Chief Executive Officer of the Company, hereby
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



Date: August 9, 2010By:

/s/ JON E. KIRCHNER Jon E. Kirchner Chairman and Chief Executive Officer


A
signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to DTS, Inc. and will be retained by
DTS, Inc. and furnished to the Securities and Exchange Commission upon request.

---



QuickLinks
I 

108TH CONGRESS 

1ST SESSION H. R. 2460

To provide for the conveyance of the reversionary interest of the United 

States in certain lands to the Clint Independent School District, El 

Paso County, Texas. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2003

Mr. REYES introduced the following bill; which was referred to the Committee 

on International Relations 

A BILL

To provide for the conveyance of the reversionary interest 

of the United States in certain lands to the Clint Independent School District, El Paso County, Texas.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CONVEYANCE OF PROPERTY. 

4 (a) CONVEYANCE.—Subject to section 2, the Sec5 retary of State shall execute and file in the appropriate 

6 office such instrument as may be necessary to release the 

7 reversionary interest of the United States in the land re8 ferred to in subsection (b). 
2

•HR 2460 IH 

1 (b) LAND DESCRIBED.—The land described in this 

2 subsection consists of Tracts 4–B, 5, and 7, Block 14, 

3 San Elizario Grant, County of El Paso, State of Texas. 

4 SEC. 2. TERMS AND CONDITIONS. 

5 The release under section 1 shall be made upon con6 dition that the Clint Independent School District in the 

7 County of El Paso, State of Texas, use any proceeds re8 ceived from the disposal of such land for public edu9 cational purposes.

Æ
Exhibit 32.1

             CERTIFICATION OF PRINCIPAL EXECUTIVE, ACCOUNTING AND
             FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350


In connection with the Quarterly Report of New Pacific Ventures, Inc. (the
"Company") on Form 10-QSB for the period ended April 30, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I
Brent Petterson, Secretary/Treasurer of the Company, hereby certify pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.

/s/Brent Petterson
-------------------
Brent Petterson
Secretary/Treasurer/Director

June 11, 2004
**EXHIBIT 99.3**

 

**CERTIFICATION PURSUANT TO 18U.S.C. §1350,**

 

**AS ADOPTED PURSUANT TO**

 

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of SierraWireless, Inc. (the “Company”) on Form 40-F for the period ended December 31,2005 as filed with the Securities and Exchange Commission on the date hereof,I, Jason W. Cohenour, Chief Executive Officer of the Company, certify pursuantto 18 U.S.C. §1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)          The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)          Theinformation contained in this Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 

Date:  March 23,2006

 

 
| /s/  JASON W. COHENOUR   |   |
|--------------------------|--------|
| Jason  W. Cohenour       |
| Chief  Executive Officer |

 

1

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