alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Cite as State v. Shriner, 2016-Ohio-7672.]

IN THE COURT OF APPEALS OF OHIO 

TENTH APPELLATE DISTRICT 

State of Ohio, : 

 Plaintiff-Appellee, : 

v. : No. 16AP-66 

 (C.P.C. No. 14CR-5937) 

James W. Shriner, : 

 (REGULAR CALENDAR) 

 Defendant-Appellant. : 

 

D E C I S I O N 

Rendered on November 8, 2016 

 

On brief: Mike DeWine, Attorney General, Darcy T. Cook

and Anil Patel, for appellee. Argued: Darcy T. Cook. 

On brief: Jon J. Saia and Jessica G. D'Varga, for appellant. 

Argued: Jessica G. D'Varga. 

 

APPEAL from the Franklin County Court of Common Pleas 

TYACK, J. 

{¶ 1} James Shriner is appealing from his conviction on a single charge of forgery. 

He assigns a single error for our consideration: 

The trial court erred in denying Appellant's Motion for a 

Mistrial after the Prosecutor's misconduct in closing 

argument substantially prejudiced the rights of the 

Appellant. 

{¶ 2} Our standard of review for a ruling on a motion for a mistrial is abuse of 

discretion. Did the trial court judge abuse his discretion when he overruled the motion 

for a mistrial precipitated by comments made during closing argument by the assistant 

prosecuting attorney trying the case? Because the comments were made during the state's 

rebuttal portion of the argument, defense counsel had no opportunity to respond 

personally before the jury began its deliberations but objected. 
No. 16AP-66 2 

{¶ 3} The trial court judge sustained the defense objection to the statements of 

the assistant prosecuting attorney, which were: "[b]y putting that false information on 

that page that is a forged document. The Defendant admitted to it on the stand." (Apr. 8, 

2016 Tr. at 458.) 

{¶ 4} The assistant prosecutor's argument overlooked the required mental state 

for forgery. 

{¶ 5} After the trial court sustained the defense objection, the assistant 

prosecuting attorney returned to the same improper argument by stating to the jury "I 

was telling you about how the Defendant admitted to committing the offense of forgery." 

(Tr. at 461.) 

{¶ 6} Defense counsel objected again. The trial judge sustained the objection 

again and reprimanded the assistant prosecuting attorney. The judge instructed the 

assistant prosecuting attorney to correct her misstatement by admitting directly to the 

jury that she had misspoken. 

{¶ 7} The judge later correctly charged the jury on the elements of forgery, 

including the requirement that Shriner had to have acted with knowledge of a fraud or 

with knowledge he was facilitating a fraud in order to be found guilty of forgery. 

{¶ 8} We find that the trial court judge managed the situation appropriately. The 

misstatements of the assistant prosecuting attorney were corrected. The correct jury 

instruction was given. The trial court judge certainly was within his discretion to believe 

and rule that he had corrected the misstatement and any harm the misstatement could 

have caused and therefore should not grant a mistrial. 

{¶ 9} The sole assignment of error is overruled. 

{¶ 10} The judgment of the trial court is affirmed. 

Judgment affirmed. 

KLATT and LUPER SCHUSTER, JJ., concur.
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 03087

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2

File Name Description

x 03087\03087_Checklist.xls EPA Technical Review Checklist Workbook

03087\03087_Completeness_Checklist.xls EPA Completeness Review Checklist

03087\03087_HardcopyLog.doc EPA log of hardcopy documents submitted

x 03087\03087_Part A.xls Plant submitted survey file

x 03087\03087_Part B.xls Plant submitted survey file

x 03087\03087_Part C.xls Plant submitted survey file

x 03087\03087_Part D.xls Plant submitted survey file

x 03087\03087_Part H.xls Plant submitted survey file

03087\Certification Statement Plant ID 03087.pdf Plant certification statement

x 03087\RE EPA Steam Electric Questionnaire Follow-up 03087.rtf Email communications regarding questions on the survey response

03087\Supplemental Documents\(A5-2) Wateree Station Aerial Map.pdf Plant submitted supplemental files to the survey

x 03087\Supplemental Documents\(A5-3) Wateree WBD.pdf Plant submitted supplemental files to the survey

x 03087\Supplemental Documents\(C2-31 and C3-36) Wateree Fly and Bottom Ash Diagram.pdf Plant submitted supplemental files to the survey

x 03087\Supplemental Documents\(D3-1) Wateree Pond Diagrams.pdf Plant submitted supplemental files to the survey

x 03087\Supplemental Documents\(D6-3 Pond-2) thalle final invoice.pdf Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket.
[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Page 71123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29305]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Commissioners and Staff Attendance at FERC/NARUC 
Collaborative on Smart Response Meeting

November 12, 2010.
    The Federal Energy Regulatory Commission (FERC or Commission) 
hereby gives notice that members of the Commission and/or Commission 
staff may attend the following meeting: FERC/NARUC Collaborative on 
Smart Response: Omni Hotel at CNN Center, 100 CNN Center, Atlanta, GA 
30303. November 14, 2010 (8:15 a.m.-12:30 p.m.).
    Further information may be found at http://annual.narucmeetings.org/Program.cfm.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-29305 Filed 11-19-10; 8:45 am]
BILLING CODE 6717-01-P
South Dakota, Wisconsin, Wyoming John Walters, Fargo, ND(701) 239-5400 Ext. 253 john.l.walters@irs.gov 

Department of the TreasuryInternal Revenue Servicewww.irs.govPublication 3747 (Rev. 07-2004)Catalog Number 31744H
Visit our Web site at

WWW.IRS.GOV/TRIBESfor more information.

to assist with the devel

es regarding 

toll-free number at (877)829-5500.
Visit our Web site at

WWW.IRS.GOV/TRIBESfor more information.

to assist with the devel

es regarding 

toll-free number at (877)829-5500.
Visit our Web site at

WWW.IRS.GOV/TRIBESfor more information.

to assist with the devel

es regarding 

toll-free number at (877)829-5500.
South Dakota, Wisconsin, Wyoming John Walters, Fargo, ND(701) 239-5400 Ext. 253 john.l.walters@irs.gov 

Department of the TreasuryInternal Revenue Servicewww.irs.govPublication 3747 (Rev. 07-2004)Catalog Number 31744H
South Dakota, Wisconsin, Wyoming John Walters, Fargo, ND(701) 239-5400 Ext. 253 john.l.walters@irs.gov 

Department of the TreasuryInternal Revenue Servicewww.irs.govPublication 3747 (Rev. 07-2004)Catalog Number 31744H
§ 4274.301 Introduction. ( a ) This subpart contains regulations for loans made by the Agency to eligible intermediaries. This applies to borrowers, ultimate recipients and other parties involved in making such loans. The provisions of this subpart supersede conflicting provisions of any other subpart. All complete applications received before December 21, 2021 will be processed, awarded, and serviced in accordance with the existing regulatory provisions in effect at the complete application date for the program under which the application was submitted. An intermediary borrower may use the Agency-prescribed self-election template, available at the USDA Rural Development website under “Details” in the RBCS IRP program section to have its existing loans, and any loans approved under the previous regulation but not yet closed, serviced under these provisions.
( b ) The purpose of the program is to alleviate poverty and increase economic activity and employment in rural communities, especially disadvantaged and remote communities in partnership with other public and private resources, and in accordance with State and regional strategy based on identified community needs. This purpose is achieved through loans made to intermediaries that establish a revolving loan fund for the purpose of providing loans to ultimate recipients to promote community development, establish new businesses, establish and support microlending programs, and create or retain employment opportunities in rural areas.
( c ) Intermediaries are required to identify any known relationship or association with an Agency employee. Any processing or servicing Agency activity conducted pursuant to this subpart involving authorized assistance to Agency employees, members of their families, close relatives, or business or close personal associates, is subject to the provisions of 7 CFR part 1900, subpart D.
( d ) Copies of all forms, regulations, and Agency procedures referenced in this subpart are available at USDA Rural Development's website under the “Resources” section, in the Rural Development National Office, or any Agency State Office.
Case 1:94-cr-01027-MP-AK   Document 14   Filed 03/14/08   Page 1 of 1
**Exhibit
      32**





**CERTIFICATION
      OF CHIEF
      EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION
      1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
      2002**







I,
      Adam R. Cegielski, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
      Report of GoldMountain Exploration Corporation on Form 10-QSB for the fiscal
      quarter ended September 30, 2007 fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
      contained in such Form 10-QSB fairly presents in all material respects the
      financial condition and results of operations of GoldMountain Exploration
      Corporation.





Date:
      December 19, 2007





By:
      /s/ Adam R. Cegielski


Adam
      R.
      Cegielski,


Chief
      Executive Officer and


Principal
      Financial Officer
**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**

 

In connection with theQuarterly Report on Form 10-Q of 155 East Tropicana, LLC, a Nevadalimited-liability company and 155 East Tropicana Finance Corp., a Nevadacorporation (collectively, the “Company”) for the three months ended March 31,2010, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), Deborah J. Pierce, as Chief Financial Officer of the Company,hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-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)                                  The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/ Deborah J. Pierce                                          |   |
|----------------------------------------------------------------|--------|
| Deborah J. Pierce,   Chief Financial Officer May 14, 2010 |   |

 

 

The foregoing certificationsare being furnished solely pursuant to 18 U.S.C. § 1350 and are not being filedas part of the Report or as a separate disclosure document.

 

----
§ 3201.96 Specialty precision cleaners and solvents. ( a ) *Definition.* Cleaners and solvents used in specialty applications. These materials may be used in neat solution, diluted with water, or in hand wiping applications.
( b ) *Minimum biobased content.* The Federal preferred procurement product must have a minimum biobased content of at least 56 percent, which shall be based on the amount of qualifying biobased carbon in the product as a percent of the weight (mass) of the total organic carbon in the finished product.
( c ) *Preference compliance date.* No later than November 19, 2013, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased specialty precision cleaners and solvents. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for products to be procured shall ensure that the relevant specifications require the use of biobased specialty precision cleaners and solvents.
[77 FR 69386, Nov. 19, 2012]
# L_2022173DE.01013501.xml

| 30.6.2022 | DE | Amtsblatt der Europäischen Union | L 173/135 |
| --- | --- | --- | --- |

30.6.2022

DE

Amtsblatt der Europäischen Union

L 173/135

---

Berichtigung der Durchführungsverordnung (EU) 2021/436 der Kommission vom 3. März 2021 zur Änderung der Durchführungsverordnung (EU) 2015/207 hinsichtlich Änderungen des Musters für die Durchführungsberichte für das Ziel „Investitionen in Wachstum und Beschäftigung“

(
  Amtsblatt der Europäischen Union L 85 vom 12. März 2021
  )

Seite 77, Anhang zur Änderung von Anhang V der Durchführungsverordnung (EU) 2015/207, Teil A Tabelle 2A Überschrift Satz 1:

Anstatt:

„
  Gemeinsame Ergebnisindikatoren für den ESF und den EFRE REACT-EU (ggf. aufgeschlüsselt nach Prioritätsachse, Investitionspriorität und Regionenkategorie).
  “

muss es heißen:

„
  Gemeinsame Ergebnisindikatoren für den ESF und den ESF REACT-EU (ggf. aufgeschlüsselt nach Prioritätsachse, Investitionspriorität und Regionenkategorie).
  “

Seite 83, Anhang zur Änderung von Anhang V der Durchführungsverordnung (EU) 2015/207, Teil A Tabelle 2C Überschrift Satz 1:

Anstatt:

„
  Programmspezifische Ergebnisindikatoren für den ESF und den EFRE REACT-EU (ggf. aufgeschlüsselt nach Prioritätsachse, Investitionspriorität und Regionenkategorie); gilt auch für die Prioritätsachse ‚Technische Hilfe‘

  “

muss es heißen:

„
  Programmspezifische Ergebnisindikatoren für den ESF und den ESF REACT-EU (ggf. aufgeschlüsselt nach Prioritätsachse, Investitionspriorität und Regionenkategorie); gilt auch für die Prioritätsachse ‚Technische Hilfe‘.
  “

---
Page 1 of 1

1

See Edwards v. United States, 114 F.3d 1083 (11TH Cir. 1997) (district courts must treat notices of

appeal in Section 2255 actions as applications for certificates of appealability).

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

vs. 3:96cr76/RV

LEONARD T. WALKER

ORDER

The defendant has filed a notice of appeal of this court’s order denying his motion

pursuant to 28 U.S.C. § 1651(A) to challenge subject matter jurisdiction. (Doc. 182). It

does not appear that a certificate of appealability is required under the circumstances of

this case. See Finkelstein v. Spitzer, 455 F.3d 131, 132 (2nd Cir. 2006) (citing United States

v. Baptiste, 223 F.3d 188, 189 n.1 (3rd Cir. 2000)); United States v. Guerra, 187 Fed. Appx.

414, 415 (5th Cir. 2006); cf. Galatolo v. United States, 196 Fed. Appx. 854 (11th Cir. 2006);

United States v. Sullivan, 2005 WL 2090236 (11th Cir. 2005) (denying certificate of

appealability where § 1651 motion was construed ad impermissible second or successive

§ 2255 motion). Therefore, to the extent that defendant’s notice of appeal is properly

construed as a request for a certificate of appealability,1 defendant’s request is denied as

unnecessary. See Guerra, 187 Fed.Appx. at 415.

Defendant has not filed a motion for leave to proceed in forma pauperis. The court

finds that the appeal is not taken in good faith and he is not otherwise entitled to so

proceed. Fed.R.App.P. 24(a)(3). Defendant shall therefore pay the $455.00 filing fee

within thirty days.

DONE AND ORDERED this 11th day of February, 2008.

/s/ Roger Vinson 

ROGER VINSON

SENIOR UNITED STATES DISTRICT JUDGE

Case 3:96-cr-00076-RV-MD Document 185 Filed 02/11/08 Page 1 of 1
7.203 Solicitation provision.

Contracting officers shall insert the provision at 52.207-4, Economic Purchase Quantity-Supplies, in

solicitations for supplies. The provision need not be inserted if the solicitation is for a contract under

the General Services Administration’s multiple award schedule contract program, or if the

contracting officer determines that-

(a) The Government already has the data;

(b) The data is otherwise readily available; or

(c) It is impracticable for the Government to vary its future requirements.

Parent topic: Subpart 7.2 - Planning for the Purchase of Supplies in Economic Quantities
#### § 3560.253 [Reserved]
Exhibit
32.1




CERTIFICATIONS
PURSUANT TO 18 U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




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), each of the
undersigned officers of Zoo Entertainment, Inc., a Delaware corporation (the
“Company”), does hereby certify, to such officer’s knowledge, that:




The
Quarterly Report on Form 10-Q for the period ended June 30, 2010 (the “Form
10-Q”) of the Company fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, and the information contained in
the Form 10-Q fairly presents, in all material respects, the financial condition
and results of operations of the Company.




Date:  August
6, 2010




/s/ Mark SeremetMark
      SeremetPresident
      and Chief Executive Officer(Principal
      Executive Officer)




Date:  August
6, 2010




/s/ David
      FremedDavid
      FremedChief
      Financial Officer(Principal
      Financial Officer)
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 1:94-cr-01009-MP-AK

CLAUDE LOUIS DUBOC,

Defendant.

________________________________/

O R D E R

This matter is before the Court on Doc. 1039, Letter of Inquiry, filed by Defendant

Claude Duboc. In the letter, Mr. Duboc states that there has been no activity on his Motion to

Vacate for twenty months, and he asks the Court to review the status of his motion. Currently,

this matter is before the Magistrate Judge. The Magistrate has informed the Court that

Defendant Duboc’s case is fifth in line to be reviewed and anticipates that a Report and

Recommendation on Mr. Duboc’s Motion to Vacate will be filed in the next thirty to sixty days. 

DONE AND ORDERED this 16th day of January, 2008

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case 1:94-cr-01009-MP-GRJ Document 1041 Filed 01/16/08 Page 1 of 1
#### § 4284.503 Program administration.

The rural cooperative development grant program is administered by Cooperative Services within the Agency.
#### In the Matter of the Claim of Vincent Picone, Respondent, v Tallman Construction Corp. et al., Appellants. Workers’ Compensation Board, Respondent.

Appeal from a decision of the Workers’ Compensation Board, filed May 3, 1979. On August 20, 1975, claimant sustained a subendocardial infarction. His average weekly wage was $350. The board affirmed an award of compensation at the rate of $125 per week from August 21, 1975 to February 25, 1976 for causally related total disability, and at the rate of $58.33 reduced earnings thereafter. The latter rate was based on a finding that claimant had a 25% causally related disability after February 25, 1976. This appeal ensued. We reject appellants’ contention that the referee found that only 25% of claimant’s total disability was attributable to his compensable infarction. We also reject claimant’s reliance on *Matter of*
      *963
      *Pappas v Memorial Sloan Kettering Inst.*(37 AD2d 887). The board, in our opinion, properly established a rate of $58.33 *(Matter of Pezzella v Syra Inds.,*36 AD2d 885; Workers’ Compensation Law, § 15, subd 5). Decision affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Sweeney, J. P., Staley, Jr., Main, Mikoll and Casey, JJ., concur.
EXHIBIT 10.28
                                     SECOND
                                  AMENDMENT TO
                                PROMISSORY NOTE

$ 500,000.00                                                   Date May 31, 2000

     This  Promissory  Note amends and replaces  that certain note dated May 31,
2000 made by the undersigned to the Lender in the principal  amount of $500,000,
as amended.

     On March 31, 2002 we promise to pay to the order of NATIONAL MEDICAL HEALTH
CARD SYSTEMS, INC. FIVE HUNDRED THOUSAND AND NO CENTS ($500,000.00) Dollars
Payable at 26 Harbor Park Drive, Port Washington, NY 11050

     for value received with interest at nine and one-half  percent (9-1/2%) per
annum payable quarterly.  The Lender represents that this loan may be prepaid at
any time without penalty.


                                                       SANDATA, INC.
                                                       By:
                                                       /s/Bert E. Brodsky
                                                       Bert E. Brodsky, Chairman


Witness:
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2407 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2407

           To suspend temporarily the duty on p-Anisaldehyde.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2006

  Mr. DeMint introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
           To suspend temporarily the duty on p-Anisaldehyde.

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

SECTION 1. P-ANISALDEHYDE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following:

``      9902.34.34       p-Anisaldehyde     Free         No change        No change        On or before 12/  ''.
                         (CAS No. 123-11-                                                   31/2009
                         5) (Benzaldehyde,
                         4-methoxy-)
                         (provided for in
                         subheading
                         2912.49.10)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

v. CASE NO. 4:99cr62-RH/WCS

4:05cv119-RH/WCS

ANTHONY SWATZIE,

Defendant.

__________________________________/

ORDER DENYING MOTION FOR SENTENCING REDUCTION

This matter is before the court on the magistrate judge’s report and

recommendation (document 67), to which no objections have been filed. Upon

consideration,

IT IS ORDERED:

The report and recommendation is ACCEPTED and adopted as the opinion

of the court. Defendant’s motion for sentencing reduction (document 66) is

DENIED. 

SO ORDERED this 22d day of June, 2005.

s/Robert L. Hinkle 

Chief United States District Judge 

Case 4:99-cr-00062-RH-GRJ Document 68 Filed 06/22/05 Page 1 of 1