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

OF TEXAS

NO. PD-0276-08

ROBERTO YARIT TREJO, Appellant

v.

THE STATE OF TEXAS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

HARRIS COUNTY

JOHNSON, J., filed a concurring opinion.

C O N C U R R I N G O P I N I O N

Yet again, we consider a case in which a party has confused “jurisdiction” with “authority.”

As the opinion of the Court points out, the trial court had both subject-matter jurisdiction over the

offense and personal jurisdiction over appellant. In that opinion, the state receives the right answer

to the wrong question; it appears that the state really wants to know whether the trial court had

authority to do what it did, but asks the question in terms of jurisdiction. 

As the opinion of the Court states, “the trial court may have erred in its charge to the jury.”
2

Hall v. State, 225 S.W.3d 524, 535-36 (Tex. Crim. App. 2007). 1

But if the alleged error was including the lesser offense of aggravated assault in the jury charge, the

question is first whether the indictment authorized the instruction and second, whether the evidence

supported giving the instruction, not whether the district court has jurisdiction over a felony offense. 1

I join the opinion of the Court.

Filed: April 1, 2009

Publish
### §2002. Statement of purposes

The purposes of this chapter are—

(1) to provide a means for—

(A) selecting delivery systems to transport Alaskan and other crude oil to northern tier States and inland States, and

(B) resolving both the west coast crude oil surplus and the crude oil supply problems in the northern tier States;

(2) to provide an expedited procedure for acting on applications for all Federal permits, licenses, and approvals required for the construction and operation or any transportation system approved under this chapter and the Long Beach-Midland project; and

(3) to assure that Federal decisions with respect to crude oil transportation systems are coordinated with State decisions to the maximum extent practicable.

(Pub. L. 95–617, title V, §502, Nov. 9, 1978, 92 Stat. 3157.)

#### **Statutory Notes and Related Subsidiaries**

#### Definitions

The definition of "State" in section 2602 of Title 16, Conservation, applies to this section.
### §3005. Savings clause

Notwithstanding any other provision of this chapter, the Secretary of the Interior and the Secretary of Agriculture shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively, including for due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.

(Pub. L. 116–260, div. Z, title III, §3106, Dec. 27, 2020, 134 Stat. 2517.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this subtitle", meaning subtitle B (§§3101–3106) of title III of div. Z of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2513, which is classified principally to this chapter. For complete classification of subtitle B to the Code, see Tables.

The Federal Land Policy and Management Act of 1976, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in text, is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§1600 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of Title 16 and Tables.
#### In the Matter of Lubov Shmidt Greichel, Respondent, v New York State Division of Housing and Community Renewal, Appellant.

[832 NYS2d 807]

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered November 9, 2005, which annulled respondent’s denial of petitioner’s challenge to a rejection of her application for succession rights to an apartment to the extent of remanding for a hearing to determine whether petitioner resided in the apartment for the required period, and denied respondent’s cross motion to dismiss this proceeding, unanimously reversed, on the law, without costs, the petition denied, the cross motion granted and the proceeding dismissed.

*422Petitioner did not have the right to succeed to the subject Mitchell-Lama unit upon the death of the tenant of record since it is undisputed that she was not listed on the income affidavits required by the agency and thus could not make the necessary demonstration that the unit was her primary residence (9 NYCRR 1727-8.2 [a] [5]; *Matter of Renda v New York State Div. of Hous. & Community Renewal,*22 AD3d 382 [2005]). Concur— Mazzarelli, J.P., Andrias, Friedman, McGuire and Malone, JJ.
<PAGE>

                                                                    EXHIBIT 32.2
                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
        (SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
                               UNITED STATES CODE)

            Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United
States Code), I, Michael G. Long, Chief Financial Officer of Edge Petroleum
Corporation, Inc., a Delaware corporation (the "Company"), hereby certify, to my
knowledge, that:

      (1)   the Company's Quarterly Report on Form 10-Q for the quarter ended
            March 31, 2004 (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.

Dated: May 11, 2004                 /s/ Michael G. Long
                                 ---------------------------------------
                                 Name:   Michael G. Long
                                         Chief Financial and Accounting Officer
### §1181f. Transferred

#### **Editorial Notes**

#### Codification

Section 1181f was editorially reclassified as section 2605 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Sharing of Bureau of Land Management Timber Sale Receipts

Pub. L. 103–66, title XIII, §13983, Aug. 10, 1993, 107 Stat. 682, as amended by Pub. L. 103–443, §1(b), Nov. 2, 1994, 108 Stat. 4631, authorized the Secretary of the Treasury to make defined special payments in certain fiscal years to counties in Oregon and California in lieu of certain other payments under former sections 1181f and 1181f–1 et seq. of this title, prior to repeal by Pub. L. 106–393, title IV, §404, Oct. 30, 2000, 114 Stat. 1623.
### §388. Contracts for materials; liability of United States

When appropriations have been made for the commencement or continuation of construction or operation and maintenance of any project, the Secretary may, in connection with such construction or operation and maintenance, enter into contracts for miscellaneous services, for materials and supplies, as well as for construction, which may cover such periods of time as the Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor.

(Aug. 4, 1939, ch. 418, §12, 53 Stat. 1197.)

#### **Statutory Notes and Related Subsidiaries**

#### Definitions

The definitions in section 485a of this title apply to this section.
#### The People of the State of New York, v. George J. Ody, Sr., Defendant.

Motion for leave to prosecute appeal as a poor person granted. The appeal may be perfected upon one typewritten copy of the record and five typewritten copies of the brief. Motion for an extension of time within which to perfect appeal granted and time is extended for 90 days. Motion, in all other respects, denied.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-18-00419-CV

IN RE J.W. §

§

§

§

§

Original Proceeding

On Appeal from the 158th District Court

of Denton County (15-02463-16)

May 23, 2019

Opinion by Justice Kerr

JUDGMENT

This court conditionally grants relator’s mandamus petition. We direct the trial 

court to vacate its August 27, 2018 order designating school attendance and the 

section of its November 28, 2018 temporary orders entitled “Children’s School.” The 

writ will issue only in the unlikely event that the trial court fails to comply with our 

directive.

We order relator and real party in interest to each pay one-half of the costs of 

this proceeding.
SECOND DISTRICT COURT OF APPEALS

By _/s/ Elizabeth Kerr__________________

 Justice Elizabeth Kerr
#### In the Matter of Bernadette Farrone, Petitioner, v Philip Tola, as Commissioner of the Department of Social Services of the State of New York, et al., Respondents.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated May 25, 1976, which, after a statutory fair hearing, affirmed a determination of the local agency to reduce petitioner’s grant of aid to dependent children, in order to recoup overpayments caused by her willful failure to report other income received by her from her husband from May, 1969 to July, 1974. Petition granted to the extent that the determination of the State commissioner is modified, on the law, by adding thereto, immediately after the provision that the determination of the local agency is affirmed, a provision that any reduction in benefits will require a prior finding that petitioner’s minor children do not require the assistance which they are now receiving. As so modified, determination confirmed, without costs or disbursements, and matter remanded to the State commissioner for further proceedings not inconsistent herewith. Although the determination that petitioner willfully withheld information of income and resources provided by her husband was supported by substantial evidence, her misconduct may not serve to deprive the minor children of the assistance which they are entitled to receive, in the absence of any indication of a present lack of need (see *Matter of Palermo v Toia,*56 AD2d 889; *Matter of Westby v Berger,*54 AD2d 911, 912; *Matter of Zabala v Lavine,*48 AD2d 880, 881; *Matter of Ryan v New York State Dept. of Social Servs.,*40 AD2d 867). Shapiro, J. P., Cohalan, Margett and Hawkins, JJ., concur.
0 50 100 200 300 400

Miles

Map 3-10

Fire Regime Condition Classes on Public Lands

Source: U.S. Geological Survey 2006

Note: Coverage for BLM-administered lands is

not available for Texas, Nebraska, or Oklahoma

Condition Class 1

Condition Class 2

Condition Class 3

Water

Snow/Ice

Barren

Developed

Agriculture

Wetlands

Unclassified

3-91
Case 3:09-cv-00758-JL Document 36 Filed 02/22/10 Page 1 of 3 Case3:09-cv-00758-JL Document35 Filed02/17/10 Page1 of 3
Case 3:09-cv-00758-JL Document 36 Filed 02/22/10 Page 2 of 3 Case3:09-cv-00758-JL Document35 Filed02/17/10 Page2 of 3
Case 3:09-cv-00758-JL Document 36 Filed 02/22/10 Page 3 of 3 Case3:09-cv-00758-JL Document35 Filed02/17/10 Page3 of 3
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2991 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2991

To prohibit United States foreign assistance from being provided to any 
  country that refuses to extradite to the United States individuals 
              accused of killing law enforcement officers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 2005

  Mr. McHenry (for himself and Mr. Beauprez) introduced the following 
  bill; which was referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL

 
To prohibit United States foreign assistance from being provided to any 
  country that refuses to extradite to the United States individuals 
              accused of killing law enforcement officers.

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

SECTION 1. PROHIBITION ON PROVISION OF UNITED STATES FOREIGN ASSISTANCE 
              TO CERTAIN COUNTRIES.

    (a) Prohibition.--No United States foreign assistance may be 
provided to any country the government of which refuses to extradite to 
the United States, upon the request of the United States Government, 
any individual accused in the United States of killing a law 
enforcement officer.
    (b) Definitions.--In this section:
            (1) United states foreign assistance.--The term ``United 
        States foreign assistance'' means assistance under the foreign 
        operations, export financing, and related programs 
        appropriations Act for a fiscal year, and assistance under the 
        Foreign Assistance Act of 1961.
            (2) Law enforcement officer.--The term ``law enforcement 
        officer'' means an individual involved in crime and juvenile 
        delinquency control or reduction, or enforcement of the laws, 
        for the United States Government, the government of a State or 
        the District of Columbia, or a local government, including, but 
        not limited to, police, corrections, probation, parole, and 
        judicial officers.
                                 <all>
```
### SUBCHAPTER V—RIGHTS-OF-WAY
§ 266.628 Initial claim payments. ( a ) *Determination of initial claim amount.* ( 1 ) The initial claim amount is based on the unpaid principal balance of the mortgage note as of the date of default, plus interest at the mortgage note rate from date of default to date of initial claim payment. The mortgage note interest component of the initial claim amount is subject to curtailment as provided in paragraph (b) of this section.
( 2 ) HUD shall make an initial claim payment to the HFA that is equal to the initial claim amount, less any delinquent mortgage insurance premiums, late charges and interest, assessed under § 266.604(d).
( 3 ) The HFA must use the proceeds of the initial claim payment to retire any bonds or any other financing mechanisms securing the mortgage within 30 calendar days of the initial claim payment. Any excess funds resulting from such retirement or repayment shall be returned to HUD within 30 calendar days of the retirement.
( b ) *Curtailment of interest for late filings.* In determining the mortgage note interest component of the initial claim amount, if the HFA fails to meet any of the requirements of this section within the specified time (including any granted extension of time), HUD shall curtail the accrual of mortgage note interest by the number of days by which the required action was late.
( c ) *Method of payment.* HUD shall pay the claim in cash.
[59 FR 62524, Dec. 5, 1994, as amended at 85 FR 83445, Dec. 22, 2020]
### §390h–12j. Orange County Regional Water Reclamation Project

#### (a) Authorization

The Secretary, in cooperation with the appropriate State and local authorities, is authorized to participate in the design, planning, and construction of the Orange County Regional Water Reclamation Project, to reclaim and reuse water within the service area of the Orange County Water District in California.

#### (b) Cost share

The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost.

#### (c) Limitation

The Secretary shall not provide funds for the operation or maintenance of a project described in subsection (a).

(Pub. L. 102–575, title XVI, §1624, as added Pub. L. 104–266, §2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 111–11, title IX, §9111(c), Mar. 30, 2009, 123 Stat. 1318.)

#### **Editorial Notes**

#### Amendments

2009—Pub. L. 111–11, §9111(c)(1), struck out "Phase 1 of the" before "Orange County" in section catchline.

Subsec. (a). Pub. L. 111–11, §9111(c)(2), struck out "phase 1 of" before "the Orange County".
### §4084. Records and audits

(a) The flood insurance pool formed or otherwise created under part A of this subchapter, and any insurance company or other private organization executing any contract, agreement, or other appropriate arrangement with the Administrator under part B of this subchapter or this part, shall keep such records as the Administrator shall prescribe, including records which fully disclose the total costs of the program undertaken or the services being rendered, and such other records as will facilitate an effective audit.

(b) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the pool and any such insurance company or other private organization that are pertinent to the costs of the program undertaken or the services being rendered.

(Pub. L. 90–448, title XIII, §1348, Aug. 1, 1968, 82 Stat. 586; Pub. L. 98–181, title I [title IV, §451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, §100238(b)(1), July 6, 2012, 126 Stat. 958.)

#### **Editorial Notes**

#### Amendments

2012—Pub. L. 112–141 substituted "Administrator" for "Director" wherever appearing.

1983—Pub. L. 98–181 substituted "Director" for "Secretary" wherever appearing.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective 120 days following Aug. 1, 1968, or such later date prescribed by the Secretary but in no event more than 180 days following Aug. 1, 1968, see section 1377 of Pub. L. 90–448, set out as a note under section 4001 of this title.

#### Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
#### § 203.36 [Reserved]
§ 25.2 Establishment and authority of Board. ( a ) *Establishment of the Board.* The Mortgagee Review Board (Board) was established in the Federal Housing Administration, which is in the Office of the Assistant Secretary for Housing—Federal Housing Commissioner, by section 202(c)(1) of the National Housing Act (12 U.S.C. 1708(c)(1)), as added by section 142 of the Department of Housing and Urban Development Reform Act of 1989 (Pub. L. 101-235, approved December 15, 1989).
( b ) *Authority of the Board.* The Board has the authority to initiate administrative actions against mortgagees and lenders under 12 U.S.C. 1708(c) and shall exercise all of the functions of the Secretary with respect to administrative actions against mortgagees and lenders and such other functions as are provided in this part. The Board shall have all powers necessary and incident to the performance of these functions and such other functions as are provided in this part, except as limited by this part. ( 1 ) *Administrative Actions.* The Board has the authority to take any administrative action against mortgagees and lenders as provided in 12 U.S.C. 1708(c). The Board may delegate its authority to take all nondiscretionary acts.
( 2 ) *Civil Money Penalties.* The Board is authorized pursuant to section 536 of the National Housing Act (12 U.S.C. 1735(f)-14) to impose civil money penalties upon mortgagees and lenders, as set forth in 24 CFR part 30. The violations for which a civil money penalty may be imposed are listed in subpart B (Violations) of 24 CFR part 30. Hearings to challenge the imposition of civil money penalties shall be conducted according to the applicable rules of 24 CFR part 30.
( 3 ) *Authorization for other administrative actions.* The Board may, in its discretion, approve the initiation of a suspension or debarment action against a mortgagee or lender by any Suspending or Debarring Official under 24 CFR part 24.
[73 FR 60540, Oct. 10, 2008]
#### Lawrence D. Gersten, as Administrator, Respondent, v Hempstead General Hospital, Defendant, and Ronald Primis et al., Appellants.

—In an action to recover damages for wrongful death predicated upon the alleged medical malpractice of defendants, the individual defendants appeal from an order of the Supreme Court, Nassau County, dated January 14, 1977, which denied their motion for an order of preclusion. Order affirmed, with $50 costs and disbursements. The Special Term correctly exercised its discretion in denying appellants’ motion. Cohalan, J. P., Damiani, Rabin and Titone, JJ., concur.
### §90. Deposit of goods in warehouses

Whenever the cargo of a vessel is unladen at some other place than the port of entry under sections 88 and 89 of this title, all the articles of such cargo shall be deposited, at the risk of the parties concerned therein, in such public or other warehouses or inclosures as the collector shall designate, there to remain under the joint custody of such collector and of the owner, or master, or other person having charge of such vessel, until the same are entirely unladen or discharged, and until the articles so deposited may be safely removed without contravening such health laws. And when such removal is allowed, the collector having charge of such articles may grant permits to the respective owners or consignees, their factors or agents, to receive all merchandise which has been entered, and the duties accruing upon which have been paid, upon the payment by them of a reasonable rate of storage; which shall be fixed by the Secretary of Health and Human Services for all public warehouses and inclosures.

(R.S. §4795; 1939 Reorg. Plan No. I, §201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

#### **Editorial Notes**

#### Codification

R.S. §4795 derived from act Feb. 23, 1799, ch. 12, §2, 1 Stat. 619.

Omission of words "or delivery" after "port of entry", see Codification note set out under section 88 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

"Secretary of Health and Human Services" substituted in text for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

#### **Executive Documents**

#### Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Functions of Department of the Treasury relating to public health transferred to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.