alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00078-CV

In re Wardell Moore

ORIGINAL PROCEEDING FROM FAYETTE COUNTY

M E M O R A N D U M O P I N I O N

Relator Wardell Moore has filed a pro se petition for writ of mandamus in this Court. 

See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52.1. In his petition,

Moore asks this Court to determine that his judgment of conviction was void. See Moore v. State,

No. 03-00530-CR, 2007 Tex. App. LEXIS 6354 (Tex. App.—Austin Aug. 9, 2007, pet. ref’d) (mem.

op., not designated for publication) (affirming trial court’s judgment of conviction).

“To be entitled to mandamus relief, the relator must show that: (1) he has no

adequate remedy at law, and (2) what he seeks to compel is a ministerial act.” In re State ex rel.

Tharp, 2012 Tex. Crim. App. LEXIS 1549, at *5 (Tex. Crim. App. Nov. 14, 2012) (citing Bowen

v. Carnes, 343 S.W.3d 805, 810 (Tex. Crim. App. 2011)). Moore has failed to show either ground

to support his requested relief. He has not asked us to compel a ministerial act, and he has an

adequate remedy at law. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2012) (procedures
for application for writ of habeas corpus). Accordingly, we deny Moore’s petition for writ

of mandamus.1

__________________________________________

Melissa Goodwin, Justice

Before Chief Justice Jones, Justices Goodwin and Field

Filed: February 13, 2013

 We also dismiss his motions filed with the petition as moot. 1

2
#### § 1228.108 Deduction of civil penalties accruing to the State or tribe from the Federal share of a cooperative agreement.

As provided at 30 U.S.C. 1736, 50 percent of any civil penalty collected as a result of activities under a cooperative agreement will be shared with the State or Indian tribe performing the cooperative agreement; however, the amount of the civil penalty shared will be deducted from any Federal funding owed under that cooperative agreement. ONRR shall maintain records of civil penalties collected and distributed to the States and tribes involved in cooperative agreements. Each quarterly payment of the Federal share of a cooperative agreement will be reduced by the amount of the civil penalties paid to the State or tribe during the prior quarter.
#### § 578.43 Acquisition.

Grant funds may be used to pay up to 100 percent of the cost of acquisition of real property selected by the recipient or subrecipient for use in the provision of housing or supportive services for homeless persons.
§ 291.102 May I call the BSEE Hotline to informally resolve an allegation that open and nondiscriminatory access was denied? Before filing a complaint under § 291.106, you may attempt to informally resolve an allegation concerning open and nondiscriminatory access by calling the toll-free BSEE Pipeline Open Access Hotline at 1-888-232-1713. ( a ) BSEE Hotline staff will informally seek information needed to resolve the dispute. BSEE Hotline staff will attempt to resolve disputes without litigation or other formal proceedings. The Hotline staff will not attempt to resolve matters that are before BSEE or FERC in docketed proceedings.
( b ) BSEE Hotline staff may provide information to you and give informal oral advice. The advice given is not binding on BSEE, the Department of the Interior (DOI), or any other person.
( c ) To the extent permitted by law, the BSEE Hotline staff will treat all information it obtains as non-public and confidential.
( d ) You may call the BSEE Hotline anonymously.
( e ) If you contact the BSEE Hotline, you may file a complaint under this part if discussions assisted by BSEE Hotline staff are unsuccessful at resolving the matter.
( f ) You may terminate use of the BSEE Hotline procedure at any time.
EXHIBIT 99.2
                                                                    ------------



{LOGO OF FRANKLIN CAPITAL CORP.]
    47 WEST 200 SOUTH, SUITE 500 * SALT LAKE CITY, UT 84101-1606 * (800)717-2886



October 11, 2004



PricewaterhouseCoopers LLP
201 South Main Street, Suite 900
Salt Lake City, UT  84111

As of September  30, 2004 and for the period from July 1, 2004 to September  30,
2004,  Franklin Capital  Corporation has complied in all material  respects with
the applicable  minimum  servicing  standards set forth in the Mortgage  Bankers
Association of America's UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS
("USAP") in connection with the Sale and Servicing Agreement dated as of July 1,
2004.

Sincerely,

/s/ Tonya B. Roemer

Tonya B. Roemer
Vice President/Assistant Treasurer
Franklin Capital Corporation
§ 18.11 Approval plate. ( a ) ( 1 ) The notice of approval will be accompanied by a photograph of an approval plate, bearing the emblem of Mine Safety and Health Administration, the name of the complete assembly, the name of the applicant, and spaces for the approval number, serial number, and the type or model of machine.
( 2 ) An extension of approval will not affect the original approval number except that the extension number shall be added to the original approval number on the approval plate. (Example: Original approval No. 2G-3000; seventh extension No. 2G-3000-7.)
( b ) The applicant shall reproduce the design on a separate plate, which shall be attached in a suitable place, on each complete assembly to which it relates. The size, type, location, and method of attaching an approval plate are subject to MSHA's concurrence. The method for affixing the approval plate shall not impair any explosion-proof feature of the equipment.
( c ) The approval plate identifies as permissible the machine or accessory to which it is attached, and use of the approval plate obligates the applicant to whom the approval was issued to maintain in his plant the quality of each complete assembly and guarantees that the equipment is manufactured and assembled according to the drawings, specifications, and descriptions upon which the approval and subsequent extension(s) of approval were based.
( d ) A completely assembled approved machine with an integral dust collector shall bear an approval plate indicating that the requirements of part 33 of this chapter (Bureau of Mines Schedule 25B), have been complied with. Approval numbers will be assigned under each part of such joint approvals.
[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]
### §1138. Evaluation and audit of National Transportation Safety Board

(a) In General.—To promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the National Transportation Safety Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the Board. Such evaluation and audit shall be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.

(b) Responsibility of Comptroller General.—The Comptroller General shall evaluate and audit Board programs, operations, and activities, including—

(1) information management and security, including privacy protection of personally identifiable information;

(2) resource management;

(3) workforce development;

(4) procurement and contracting planning, practices and policies;

(5) the process and procedures to select an accident to investigate;

(6) the extent to which the Board follows leading practices in selected management areas; and

(7) the extent to which the Board addresses management challenges in completing accident investigations.

(c) Appropriate Congressional Committees.—For purposes of this section the term "appropriate congressional committees" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(Added Pub. L. 109–443, §5(a), Dec. 21, 2006, 120 Stat. 3299; amended Pub. L. 113–188, title XV, §1502, Nov. 26, 2014, 128 Stat. 2025; Pub. L. 115–254, div. C, §1110, Oct. 5, 2018, 132 Stat. 3435; Pub. L. 118–63, title XII, §1221(a), May 16, 2024, 138 Stat. 1432.)

#### **Editorial Notes**

#### Amendments

2024—Subsec. (a). Pub. L. 118–63 substituted "expenditures of the" for "expenditures of the National Transportation Safety".

2018—Subsec. (b)(5) to (7). Pub. L. 115–254, §1110(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

Subsec. (c). Pub. L. 115–254, §1110(2), inserted comma after "Science".

2014—Subsec. (a). Pub. L. 113–188 struck out "at least annually, but may be conducted" after "Such evaluation and audit shall be conducted".
### §1822. Jurisdiction of District Court; original jurisdiction; procedural requirements

(a) The District Court for the Northern Mariana Islands shall have the jurisdiction of a District Court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28 and that of a bankruptcy court of the United States.

(b) The district court shall have original jurisdiction in all causes in the Northern Mariana Islands not described in subsection (a) jurisdiction over which is not vested by the Constitution or laws of the Northern Mariana Islands in a court or courts of the Northern Mariana Islands. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court of the Northern Mariana Islands for the purposes of determining the requirements of indictment by grand jury or trial by jury.

(Pub. L. 95–157, §2, Nov. 8, 1977, 91 Stat. 1266; Pub. L. 98–454, title IX, §902, Oct. 5, 1984, 98 Stat. 1744.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 1694a of this title.

#### Amendments

1984—Subsec. (a). Pub. L. 98–454 amended subsec. (a) generally, substituting ", including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28 and that of a bankruptcy court of the United States" for ", except that in all causes arising under the Constitution, treaties, or laws of the United States, it shall have jurisdiction regardless of the sum or value of the matter in controversy".

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

#### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title.

#### Effective Date

For effective date of this section, see section 1825 of this title and Effective Date of Constitution note thereunder.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS OF
INTERNATIONAL WIRELESS COMMUNICATIONS HOLDINGS, INC. AND SUBSIDIARY 
FOUND ELSEWHERE IN THIS QUARTERLY REPORT ON FORM 10-Q AND IS QUALIFIED 
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          23,971
<SECURITIES>                                     3,287
<RECEIVABLES>                                      576
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                45,597
<PP&E>                                          21,510
<DEPRECIATION>                                   1,074
<TOTAL-ASSETS>                                 159,424
<CURRENT-LIABILITIES>                            8,369
<BONDS>                                         79,449
<PREFERRED-MANDATORY>                          103,556
<PREFERRED>                                          9
<COMMON>                                             6
<OTHER-SE>                                    (37,498)
<TOTAL-LIABILITY-AND-EQUITY>                   159,424
<SALES>                                            519
<TOTAL-REVENUES>                                   519
<CGS>                                              589
<TOTAL-COSTS>                                      589
<OTHER-EXPENSES>                                10,707
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,236
<INCOME-PRETAX>                               (14,479)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (14,479)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**EXHIBIT 31.2**

 

**Certification ofChief Financial OfficerPursuant to Section 302 of the Sarbanes-Oxley Act of 2002**

 

I, Joseph W. Baty, certifythat:

 

1.       I have reviewed thisquarterly report on Form 10-Q of Weider Nutrition International, Inc.;

 

2.       Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3.       Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report;

 

4.       The registrant’s othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

 

(a)     Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b)     Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c)     Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.       The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performingthe equivalent functions):

 

(a)     Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b)     Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting. 

 
| Date:  January 14, 2004 | /s/   JOSEPH W. BATY |   |
|-------------------------|--------------------------------|--------|
|                    | Joseph W. Baty                 |   |
|                    | Chief Financial Officer        |   |

 

----
**Exhibit 23.1**

**Consent ofIndependent Registered Public Accounting Firm**

We consent to the incorporation byreference in the registration statements on Form S-8 (Nos. 333-111713,as amended, 333-120414, 333-120415, 333-120416, 333-120417and 333-120418) previously filed by Outdoor Channel Holdings, Inc.of our reports dated March 16, 2007 (which report on the consolidatedfinancial statements expressed an unqualified opinion and included anexplanatory paragraph regarding the Company’s adoption of Statement ofFinancial Accounting Standards No. 123 (Revised 2004) “Share-BasedPayment”) with respect to our audits of the consolidated financial statementsof Outdoor Channel Holdings, Inc. and subsidiaries as of December 31,2006 and 2005 and for each of the years in the three-year period ended December 31,2006 and the effectiveness of Outdoor Channel Holdings, Inc. andsubsidiaries’ internal control over financial reporting and management’sassessment of the effectiveness of internal control over financial reporting asof December 31, 2006, which reports appear in this Annual Report on Form 10-Kfor the year ended December 31, 2006.
| /s/ J. H. COHN LLP    |
|-----------------------|
| San Diego, California |
| March 26,  2007  |

 

----
#### Jeanette Grossman, Respondent, v. Sidney Grossman, Appellant.

In an action for a separation, the defendant husband appeals from so much of an order of the Supreme Court, Queens County, dated April 15, 1963, as directed him to pay to the plaintiff wife, *pendente lite,*the sum of $50 per week for her support and for the support and maintenance of the child of the parties. Order modified by striking out its first and third decretal paragraphs and by substituting therefor a provision denying plaintiff’s motion for support *pendente lite*on condition that the defendant make support payments of $25 per week pursuant to the voluntary arrangement heretofore made between the parties. As so modified, order, insofar as appealed from, affirmed, without costs and without prejudice to an application at Special Term for further relief in the event of a default in the weekly payments of $25. Under all the circumstances, it was an improvident exercise of discretion for the Special Term to direct the payment of temporary alimony at the rate of $50 a week. Ughetta, Acting P. J., Kleinfeld, 'Christ, Brennan and Rabin, JJ., concur.
### §32309. Civil penalty for labeling violations

(a) Definitions.—The definitions in section 32304 of this title apply to this section.

(b) Penalties.—A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to attach the label required under section 32304 of this title to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as required under section 32304, is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1042; Pub. L. 103–429, §6(31), Oct. 31, 1994, 108 Stat. 4380.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 32309(a) | (no source). | |
| 32309(b) | 15:1950(e). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §210(e); added Oct. 6, 1992, Pub. L. 102–388, §355, 106 Stat. 1557. |

Section

Subsection (a) is added to ensure that the definitions in 15:1950(f), restated in section 32304 of the revised title, apply to the source provision restated in this section.

In subsection (b), the words "Each failure to attach or maintain that label" are substituted for "Such failure" for clarity.

#### Pub. L. 103–429

This amends the catchline for 49:32309 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1042).

#### **Editorial Notes**

#### Amendments

1994—Pub. L. 103–429 substituted "Civil" for "Criminal" in section catchline.

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

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
EXHIBIT 32





Certification of Chief Executive
Officer and


Acting Chief Financial
Officer






The
undersigned, Michael A. Grollman, Chairman of the Board of Directors, Chief
Executive Officer and Acting Chief Financial Officer of National Scientific
Corporation (the “Company”), has executed
this certification in connection with the filing with the Securities and
Exchange Commission of the Company’s Quarterly Report on Form 10-Q for the
fiscal quarter ended June 30, 2008 (the “Report”). The undersigned hereby
certifies 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 results of operations of the
    Company.




IN
WITNESS WHEREOF, the undersigned has executed this certificate as of the
14 th day of
August, 2008.




/s/
      Michael A. GrollmanMichael
      A. Grollman
              Chairman,
      Chief Executive Officer,
              and
      Acting Chief Financial Officer






The
foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United
States Code) and is not being filed as part of the Report or as a separate
disclosure document.
### §15504. Government traffic

A pipeline carrier providing transportation or service for the United States Government may transport property for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Government can be obtained from a carrier lawfully operating in the area where the transportation would be provided.

(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 924; amended Pub. L. 111–350, §5(o)(6), Jan. 4, 2011, 124 Stat. 3853.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

#### Amendments

2011—Pub. L. 111–350 substituted "Section 6101(b) to (d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".

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

#### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.