alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Kearayan Quinton Williams, Appellant

No. 06-19-00093-CR v.

The State of Texas, Appellee

Appeal from the 124th District Court of 

Gregg County, Texas (Tr. Ct. No. 47259-

B). Memorandum Opinion delivered by 

Chief Justice Morriss, Justice Burgess and 

Justice Stevens participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the 

court below. We affirm the judgment of the trial court.

We note that the appellant, Kearayan Quinton Williams, has adequately indicated his 

inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED OCTOBER 16, 2019

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
Editorial Note on Part 890
Editorial Note: Nomenclature changes to part 890 appear at 73 FR 35341, June 23, 2008.

§ 890.3700 Nonpowered communication system. ( a ) *Identification.* A nonpowered communication system is a mechanical device intended for medical purposes that is used to assist a patient in communicating when physical impairment prevents writing, telephone use, reading, or talking. Examples of nonpowered communications systems include an alphabet board and a page turner.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 890.9. The device is also exempt from the current good manufacturing practice requirements of the quality system regulation in part 820 of this chapter, with the exception of § 820.180, regarding general requirements concerning records and § 820.198, regarding complaint files.
[48 FR 53047, Nov. 23, 1983, as amended at 54 FR 25052, June 12, 1989; 66 FR 38817, July 25, 2001]
r

. **:. OFFICE**  **OF THE**  **ATTORNEY ‘** **GENERAL OF**  **TEXAS AUSTIN**  **GROVER SELLERS**  **ATTORNLIGENERAL** 

## 753

# II

**‘ .**
Editorial Note on Part 878
Editorial Note: Nomenclature changes to part 878 appear at 73 FR 35341, June 23, 2008.

§ 878.4755 Absorbable lung biopsy plug. ( a ) *Identification.* A preformed (polymerized) absorbable lung biopsy plug is intended to provide accuracy in marking a biopsy location for visualization during surgical resection and closure of pleural punctures associated with percutaneous, transthoracic needle lung biopsies. Upon deployment into the biopsy tract, the plug expands to fill the biopsy void and remains in place until resorbed.
( b ) *Classification.* Class II (special controls). The special controls for this device are: ( 1 ) The design characteristics of the device must ensure that the geometry and material composition are consistent with the intended use.
( 2 ) Performance testing must demonstrate deployment as indicated in the accompanying labeling, including the indicated introducer needles, and demonstrate expansion and resorption characteristics in a clinically relevant environment.
( 3 ) In vivo evaluation must demonstrate performance characteristics of the device, including the ability of the plug to not prematurely resorb or migrate and the rate of pneumothorax.
( 4 ) Sterility testing must demonstrate the sterility of the device and the effects of the sterilization process on the physical characteristics of the plug.
( 5 ) Shelf-life testing must demonstrate the shelf-life of the device including the physical characteristics of the plug.
( 6 ) The device must be demonstrated to be biocompatible.
( 7 ) Labeling must include a detailed summary of the device-related and procedure-related complications pertinent to the use of the device and appropriate warnings. Labeling must include identification of compatible introducer needles.
[79 FR 13219, Mar. 10, 2014]
# C_2015065EN.01003802.xml

| 23.2.2015 | EN | Official Journal of the European Union | C 65/38 |
| --- | --- | --- | --- |

23.2.2015

EN

Official Journal of the European Union

C 65/38

---

Action brought on 5 December 2014 — AATC Trading/OHIM — El Corte Inglés (ALAΪA PARIS)

(Case T-794/14)

(2015/C 065/53)

Language in which the application was lodged: French

Parties

Parties

Applicant: AATC Trading AG (Steinhausen, Switzerland) (represented by: P. Lê Dai, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Proprietor of the trade mark at issue:

Trade mark at issue: Community figurative mark containing the word element ‘ALAÏA PARIS’ No 3 485 166

Trade mark at issue:

Procedure before OHIM: Proceedings for a declaration of invalidity

Procedure before OHIM

Contested decision: Decision of the Second Board of Appeal of OHIM of 11 September 2014 in Case R 1411/2013-2

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Pleas in law

Pleas in law

| — | Infringement of Article 57(2) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 57(2) of Regulation No 207/2009;

| — | Infringement of Rule 22 of Regulation No 2868/95. |
| --- | --- |

—

Infringement of Rule 22 of Regulation No 2868/95.

---
<TABLE> <S> <C>


<ARTICLE> 5
       
<S>                                  <C>
<PERIOD-TYPE>                        3-MOS
<FISCAL-YEAR-END>                               DEC-31-1999
<PERIOD-START>                                  JAN-01-1999
<PERIOD-END>                                    MAR-31-1999
<CASH>                                           11,085,362
<SECURITIES>                                              0
<RECEIVABLES>                                     2,399,674
<ALLOWANCES>                                        294,775
<INVENTORY>                                       5,382,566
<CURRENT-ASSETS>                                 19,508,605
<PP&E>                                           11,715,345
<DEPRECIATION>                                    5,300,796
<TOTAL-ASSETS>                                   30,150,985
<CURRENT-LIABILITIES>                            12,740,228
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                             40,060
<OTHER-SE>                                       (2,828,303)
<TOTAL-LIABILITY-AND-EQUITY>                     30,150,985
<SALES>                                           1,801,999
<TOTAL-REVENUES>                                  1,801,999
<CGS>                                             2,303,018
<TOTAL-COSTS>                                     2,303,018
<OTHER-EXPENSES>                                  6,225,329
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                  692,099
<INCOME-PRETAX>                                  (8,416,571)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                              (8,416,571)
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                     (8,416,571)
<EPS-PRIMARY>                                         (2.12)
<EPS-DILUTED>                                         (2.12)
        


</TABLE>
Editorial Note on Part 890
Editorial Note: Nomenclature changes to part 890 appear at 73 FR 35341, June 23, 2008.

§ 890.3930 Wheelchair elevator. ( a ) *Permanently mounted wheelchair platform lift* — ( 1 ) *Identification.* A permanently mounted wheelchair platform lift is a motorized vertical or inclined platform lift device permanently installed in one location that is intended for use in mitigating mobility impairment caused by injury or other disease by providing a guided platform to move a person from one level to another, with or without a wheelchair.
( 2 ) *Classification.* Class II. The permanently mounted wheelchair platform lift is exempt from premarket notification procedures in subpart E of part 807 of this chapter, subject to § 890.9 and the following conditions for exemption: ( i ) Appropriate analysis and nonclinical testing (such as that outlined in the currently FDA-recognized edition of ASME A18.1 “Safety Standard for Platform Lifts and Stairway Chair Lifts”) must demonstrate that the safety controls are adequate to prevent a free fall of the platform in the event of a device failure;
( ii ) Appropriate analysis and nonclinical testing (such as that outlined in the currently FDA-recognized edition of ASME A18.1 “Safety Standard for Platform Lifts and Stairway Chair Lifts”) must demonstrate the ability of the device to withstand the rated load with an appropriate factor of safety;
( iii ) Appropriate analysis and nonclinical testing (such as that outlined in the currently FDA-recognized edition of ASME A18.1 “Safety Standard for Platform Lifts and Stairway Chair Lifts”) must demonstrate the ability of the enclosures to prevent the user from falling from the device; and
( iv ) Appropriate analysis and nonclinical testing (such as that outlined in the currently FDA-recognized editions of AAMI/ANSI/IEC 60601-1-2, “Medical Electrical Equipment—Part 1-2: General Requirements for Safety—Collateral Standard: Electromagnetic Compatibility—Requirements and Tests,” and ASME A18.1 “Safety Standard for Platform Lifts and Stairway Chair Lifts”) must validate electromagnetic compatibility and electrical safety.
( b ) *Portable wheelchair elevators* — ( 1 ) *Identification.* A portable wheelchair elevator is a motorized lift device that is not permanently mounted in one location and that is intended for use in mitigating mobility impairment caused by injury or other disease by providing a means to move a person, with or without a wheelchair, from one level to another (e.g., portable platform lifts, attendant-operated stair climbing devices for wheelchairs).
( 2 ) *Classification.* Class II.
[78 FR 14015, Mar. 4, 2013]
Editorial Note on Part 880
Editorial Note: Nomenclature changes to part 880 appear at 73 FR 35341, June 23, 2008.

§ 880.6315 Remote Medication Management System. ( a ) *Identification.* A remote medication management system is a device composed of clinical and communications software, a medication delivery unit, and medication packaging. The system is intended to store the patient's prescribed medications in a delivery unit, to permit a health care professional to remotely schedule the patient's prescribed medications, to notify the patient when the prescribed medications are due to be taken, to release the prescribed medications to a tray of the delivery unit accessible to the patient on the patient's command, and to record a history of the event for the health care professional. The system is intended for use as an aid to health care professionals in managing therapeutic regimens for patients in the home or clinic.
( b ) *Classification.* Class II (special controls). The special control is: The FDA guidance document entitled “Guidance for Industry and Food and Drug Administration Staff; Class II Special Controls Guidance Document: Remote Medication Management System.” See § 880.1(e) for availability of this guidance document.
[72 FR 59177, Oct. 19, 2007]
Editorial Note on Part 880
Editorial Note: Nomenclature changes to part 880 appear at 73 FR 35341, June 23, 2008.

§ 880.5075 Elastic bandage. ( a ) *Identification.* An elastic bandage is a device consisting of either a long flat strip or a tube of elasticized material that is used to support and compress a part of a patient's body.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 880.9. The device also is exempt from the current good manufacturing practice requirements of the quality system regulation in part 820 of this chapter, with the exception of § 820.180, with respect to general requirements concerning records, and § 820.198, with respect to complaint files.
[45 FR 69682, Oct. 21, 1980, as amended at 66 FR 38804, July 25, 2001]
**Exhibit 32**

 

## **CERTIFICATION**

##  

**The undersigned certify pursuant to 18 U.S.C.§ 1350, that:**

 

(1)           The accompanying Quarterly Report on Form 10-QSBfor the period ended April 30, 2005 fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)           The information contained in the accompanying Reportfairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Date:  |  June 14,  2005 |                                   | /s/ Rodney A. Young |   |
|--------|---------------------------|----------------------------------------|---------------------|--------|
|   |                      | Rodney A.  Young                       |
|   |                      | President  and Chief Executive Officer |
|   |                      |                                   |
|   |                      |                                   |
| Date:  |  June 14,  2005 |                                   | /s/ Dale H. Johnson |   |
|   |                      | Dale H. Johnson                        |
|   |                      | Chief Financial Officer                |

 

1

----
§ 582.6215 Monobasic calcium phosphate. ( a ) *Product.* Monobasic calcium phosphate.
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing or feeding practice.
Exhibit
23.1





Consent
of Independent Registered Public Accounting Firm





Hemispherx
Biopharma, Inc.


Philadelphia,
Pennsylvania





We
consent to the incorporation by reference in the Registration Statements (No.s
333-160499, 333-57134, 118903 and 333-155528) on Form S-8 and the Registration
Statements (No.s 333-136187, 333-117178,  333-119017, 333-108645,
333-111135, 333-113796, 333-130008, 333-159856 and 333-151696) on Form S-3 of
Hemispherx Biopharma, Inc. and Subsidiaries of our reports dated March 12, 2010,
except for Notes 17 and 18, as to which the date is February 11, 2011,
relating to our audit of the consolidated financial statements and the financial
statement schedule, and internal control over financial reporting, which appear
in this Annual Report on Form 10-K/A-2 of Hemispherx Biopharma, Inc. for the
year ended December 31, 2009.





/s/ McGladrey & Pullen
    LLPMcGladrey
      & Pullen LLP





Blue
Bell, Pennsylvania


February
11, 2011
Editorial Note on Part 880
Editorial Note: Nomenclature changes to part 880 appear at 73 FR 35341, June 23, 2008.

§ 880.2900 Clinical color change thermometer. ( a ) *Identification.* A clinical color change thermometer is a disposable device used to measure a patient's oral, rectal, or axillary (armpit) body temperature. The device records body temperature by use of heat sensitive chemicals which are sealed at the end of a plastic or metal strip. Body heat causes a stable color change in the heat sensitive chemicals.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 880.9.
[45 FR 69682, Oct. 21, 1980, as amended at 61 FR 1123, Jan. 16, 1996; 66 FR 38804, July 25, 2001]
Exhibit 10.12  


February 7,
1994 


Mr. David
Montgomery

— Cleveland 


Dear
David: 


        It
is with pleasure that I confirm your appointment as our new Vice President—Finance and Chief Financial Officer for all financial affairs for Advanstar. 



        As
discussed, your new salary will be $120,000 per year and your bonus incentive is $45,000. You will receive an additional week of vacation which will total 4 weeks per annum. Your
salary will be retroactive to February 1, 1994. 


        If
at any time in the future you are involuntarily separated from the Company for reasons other than cause, you will be entitled to a termination payment equal to six month's salary. 


        David,
I look forward to working with you and developing a strong duo to go forward in making Advanstar Financial Services a more positive and proactive part of our Company. I have a
great amount of confidence in your abilities and look forward to your expanding capabilities at our Company. 


Sincerely, 


/s/  EDWARD D. ASTER      


Edward
D. Aster
Editorial Note on Part 882
Editorial Note: Nomenclature changes to part 882 appear at 73 FR 35341, June 23, 2008.

§ 882.5855 Brain stimulation programming planning software. ( a ) *Identification.* The brain stimulation programming planning software is a prescription device intended to assist in planning stimulation programming for implanted brain stimulators.
( b ) *Classification.* Class II (special controls). The special controls for this device are: ( 1 ) Software verification, validation, and hazard analysis must be performed.
( 2 ) Usability assessment must demonstrate that the intended user(s) can safely and correctly use the device.
( 3 ) Labeling must include: ( i ) The implanted brain stimulators for which the device is compatible.
( ii ) Instructions for use.
( iii ) Instructions and explanations of all user-interface components.
( iv ) A warning regarding use of the data with respect to not replacing clinical judgment.
[88 FR 751, Jan. 5, 2023]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1994
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                       1,146,248
<SECURITIES>                                         0
<RECEIVABLES>                                1,048,786
<ALLOWANCES>                                         0
<INVENTORY>                                  1,048,625
<CURRENT-ASSETS>                             3,455,529
<PP&E>                                       5,976,381
<DEPRECIATION>                               2,808,529
<TOTAL-ASSETS>                               7,721,446
<CURRENT-LIABILITIES>                        3,092,075
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          7
<COMMON>                                           167
<OTHER-SE>                                  57,047,598
<TOTAL-LIABILITY-AND-EQUITY>                 7,721,446
<SALES>                                      3,470,059
<TOTAL-REVENUES>                             3,489,360
<CGS>                                        2,526,224
<TOTAL-COSTS>                                2,526,224
<OTHER-EXPENSES>                             7,999,109
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,895
<INCOME-PRETAX>                            (7,035,973)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (7,035,973)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (7,035,973)
<EPS-PRIMARY>                                   (0.53)
<EPS-DILUTED>                                        0
        

</TABLE>
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-92,065-01

EX P ARTE MATTHEW T HOMAS JONES , Appli cant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1596577-A IN THE 208TH DIS TRICT COURT

F ROM HARRIS COUNTY
Per curiam . O R D E R Applicant filed this a

pplication for a writ of habea s corpus in the county of conviction, and the district c lerk forwa

rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. On Dec ember 16, 2020, this Court rema nded this matter to the trial court to allow t h at co u rt t o complete its evidentiar y investiga tions and make finding s of fa ct and c onclusions of law. On November 10, 2021, this Court rec eived the supplemental rec ord afte r rema nd, which includes finding s of fac t and conclusions of law signe d by the trial court. I n those fi n dings and conclusions, the trial c ourt cites extensively to a n aff idavit submitted by

Applicant’s tria l counsel, Ted Doebbler on Fe bruar

y 9, 2021. Under Article 11.07 of the Texas Code of Criminal Procedur e,
a district cler

k is require d to forwa

rd to this Court, among other things, “the application, any answe rs2

filed, any mo t i o n s filed, transcr ipts of all depositions and hear ings, any aff idavits, and any other matters such as officia l rec ords used by the court in resolving issues of fac t.” Id
. at § 3(d); see also T E X . R. A P P . P. 73.4(b)( 4). The supplemental rec ord forwa rded to this Court a

ppear s, howeve r, to be incomplete, in that the a ffidavit of Te d Doebbler is not included in the rec ord. The district cler

k shall either forwa

rd to this Court the aff

idavit of trial counsel Ted Doebbler
or cer tify in writing that this document is not part of the rec ord. The district cler k shall comply with this order within thirty

day s from the da te of this order
.

Filed: Nove mber 16, 2021 Do not publish
<PAGE>
                                                                  Exhibit 10.13c

October 31, 2002


Mr. Gary Sallee
Chief Executive Officer
iNetNow, Inc.
4322 Wilshire Boulevard
Second Floor
Los Angeles, CA 90010

  Re:  Agreement between 13 Mobile. Inc. and iNetNow. Inc. dated as of October
       1. 2001

Dear Gary:

This letter sets forth the agreement between i3 Mobile, Inc. ("i3 Mobile") and
iNetNow, Inc. ("iNet(Now") pursuant to which the Agreement between us dated as
of October 1, 2001, as amended on November 7, 2001 ("Amendment #1") and as
subsequently amended on February 1, 2002 ("Amendment #2') (collectively referred
to herein as the "Agreement") shall be further amended as follows:

     Section 6 of the Agreement is hereby deleted and replaced in its entirety
with the following:

     "6. Term. The term ("Term") of this Agreement shall commence on the
Effective date and terminate on April 30, 2002 unless terminated sooner in
accordance with the terms of this Agreement. The Term shall thereafter continue
on a month to month basis through January 31, 2003 unless terminated sooner in
accordance with the terms of this Agreement."

     If the foregoing accurately reflects our agreement, please so indicate by
signing a copy of this letter below and returning it to the undersigned, at
which point this letter shall constitute a legally binding agreement between us.

Sincerely,

i3 Mobile, Inc.

By: /s/ JOHN A. LACK
    -----------------------------------
    John A. Lack
    President & Chief Executive Officer

ACCEPTED AND AGREED TO:

iNetNow, Inc.

By: /s/ GARY SALLEE
    -----------------------------------
    Gary Sallee
    Chief Executive Officer