alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTICE: NOT FOR OFFICIAL PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL

AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE

ARIZONA COURT OF APPEALS

DIVISION ONE

STATE OF ARIZONA, Respondent,

v.

LEON ROBERTSON, Petitioner.

No. 1 CA-CR 14-0832 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR2013-100989-001

The Honorable Robert L. Gottsfield, Judge Retired

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix

By Arthur G. Hazelton, Jr.

Counsel for Respondent

Leon Robertson, Tucson

Petitioner Pro Se

MEMORANDUM DECISION

Judge Donn Kessler authored the decision of the Court, in which Presiding 

Judge Kenton D. Jones and Judge Randall M. Howe joined. 
STATE v. ROBERTSON

Decision of the Court

2

K E S S L E R, Judge:

¶1 Petitioner Leon Robertson seeks review of the superior court’s

summary dismissal of his pro se petition for post-conviction relief of-right. 

Robertson pled guilty to misconduct involving weapons and possession or 

use of narcotic drugs. Robertson argues his trial counsel was ineffective 

when counsel failed to file a motion to suppress, conduct pre-trial 

investigation, and present an affidavit from Robertson’s wife professing his 

innocence. Robertson also argues his post-conviction relief counsel was 

ineffective when she failed to raise these issues and when she “fabricated” 

evidence by explaining her view of the evidence in correspondence to 

Robertson.1

¶2 We deny relief. A plea agreement waives all nonjurisdictional defenses, errors, and defects which occurred prior to the plea. 

State v. Flores, 218 Ariz. 407, 409-10, ¶ 6 (App. 2008). This includes 

deprivations of constitutional rights, id., and all claims of ineffective 

assistance of counsel not directly related to the entry of the plea, State v. 

Quick, 177 Ariz. 314, 316 (App. 1993). Further, because Robertson waived 

these issues, post-conviction relief counsel had no issues to raise. Finally, 

interpreting the evidence in a manner with which Robertson did not agree 

was not “fabricating” evidence.

¶3 We do not address the other issues Robertson raises in his 

petition because he did not present those issues to the trial court. State v. 

Ramirez, 126 Ariz. 464, 467 (App. 1980) (clarifying this Court will not review 

issues raised for the first time in a motion for rehearing); State v. Wagstaff, 

161 Ariz. 66, 71 (App. 1988) (same); Ariz. R. Crim. P. 32.9(c)(1)(ii).

¶4 We grant review and deny relief.

 

1 Robertson’s post-conviction relief counsel found no colorable claims 

for relief.
HomeCosta Rica

# Costa Rica

137 items

        -    		Antarctica – Antarctic Treaty – Notification of Deposit of Instrument; Costa Rica, August 11, 2022	   
        -    Report  		2022 Investment Climate Statements: Costa Rica	  July 28, 2022 
        -    Media Note  		Signing of Supply Chain Memorandum of Understanding With “Alliance for Development in Democracy” Countries:  Dominican Republic, Costa Rica, Panama	  July 25, 2022 
        -    Report  		2022 Trafficking in Persons Report: Costa Rica	  July 19, 2022 
        -    Special Briefing via Telephone  		Telephonic Press Briefing on Food Security across Latin America with Jose Fernandez, Under Secretary of State for Economic Growth, Energy, and the Environment	  Jose W. FernandezJune 23, 2022 
        -    Fact Sheet  		Additional $314 Million for U.S. Humanitarian Response to the Venezuela Regional Crisis	  June 10, 2022 
        -    Press Statement  		World Ocean Day  	  Antony J. BlinkenJune 8, 2022 
        -    Media Note  		The United States, Colombia, Costa Rica, Ecuador, and Panama Sign a Memorandum of Understanding in Support of the Eastern Tropical Pacific Marine Corridor (CMAR)	  June 7, 2022 
        -    Report  		2021 Report on International Religious Freedom: Costa Rica	  June 2, 2022 
        -    Special Briefing via Telephone  		Telephonic Press Briefing with Juan Gonzalez, National Security Council Senior Director for the Western Hemisphere and Brian A. Nichols, Assistant Secretary of State for Western Hemisphere Affairs, Bureau of Western Hemisphere Affairs	  Brian A. NicholsJune 1, 2022 

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§ 136.301 Policy and applicability. ( a ) *Policy.* ( 1 ) It is the policy of the Secretary to encourage Indians to enter the health professions and to ensure the availability of Indian health professionals to serve Indians. The recruitment and scholarship programs under this subpart will contribute to this objective.
( 2 ) The regulations of this subpart are intended to be consistent with principles of Indian self-determination and to supplement the responsibilities of the Indian Health Sevice for Indian health manpower planning and for assisting Indian tribes and tribal organizations in the development of Indian manpower programs.
( b ) *Applicability.* The regulations of this subpart are applicable to the following activities authorized by the Indian Health Care Improvement Act: ( 1 ) The award of health professions recruitment grants under section 102 of the Act to recruit Indians into the health professions (Subdivision J-2);
( 2 ) The award of preparatory scholarship grants and pregraduate scholarship grants under section 103 of the Act, as amended, to Indians undertaking compensatory and preprofessional education (Subdivisions J-3 and J-8);
( 3 ) The award of Indian Health Scholarship grants pursuant to section 338G of the Public Health Service Act (42 U.S.C. 254r) to Indian or other students in health professions schools (Subdivision J-4):
( 4 ) The provision of continuing education allowances to health professionals employed by the Service under section 106 of the Act (Subdivision J-5);
( 5 ) Contracts with urban Indian organizations under section 502 of the Act to establish programs in urban areas to make health services more accessible to the urban Indian population (Subdivision J-6); and
( 6 ) Leases with Indian tribes under section 704 of the Act (Subdivision J-7).
[42 FR 59646, Nov. 18, 1977, as amended at 49 FR 7381, Feb. 29, 1984; 50 FR 1855, Jan. 14, 1985]
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HomeBureau of European and Eurasian Affairs...Contact Us – Bureau of European and Eurasian Affairs

# 									Contact Us – Bureau of European and Eurasian Affairs							

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For interview requests on European and Eurasian Affairs, please email your request to the Bureau of European and Eurasian Affairs’ Press Unit at EUR-Press-DL@state.gov.

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# Tanzania

100 items

        -    Report  		Tanzania	  June 27, 2017 
        -    Report  		Tanzania	  March 3, 2017 
        -    Foreign Assistance Evaluations: Economic Development  		Evaluation of the United States-Africa Clean Energy Finance Initiative (US-ACEF)	   
        -    Foreign Assistance Evaluations: Economic Development  		The Philippines/Partnership for Growth [Archive]	  February 1, 2015 
        -    Foreign Assistance Evaluations: Humanitarian Assistance  		Zambia, Tanzania and Cameroon/Humanitarian Engagement Promoting Local Integration of Refugees [Archive]	  October 20, 2014 
        -    TIAS  		Tanzania (08-917.2) – Millennium Challenge Compact	  September 17, 2008 
        -    TIAS  		Tanzania (07-906) – Agreement for the Employment of Dependents of Employees of Consular and Diplomatic Personnel	  September 6, 2007 
        -    		Mtendeje  Rajabu	  August 7, 1998 
        -    		Elia Elisha  Paul	  August 7, 1998 
        -    		Bakari  Nyumbu	  August 7, 1998 

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HomeAzerbaijan

# Azerbaijan

261 items

        -    TIAS  		Azerbaijan (05-1208) – Implementing Arrangement for Cooperation in the Prevention of Illicit Trafficking in Nuclear and Other Radioactive Material	  December 8, 2005 
        -    TIAS  		Azerbaijan (05-606) – Agreement Concerning Cooperation in the Area of Prevention of Proliferation of Technology, Pathogens and Expertise That Could Be Used in the Development of Biological Weapons	  June 6, 2005 
        -    TIAS  		Azerbaijan (04-203) – Agreement Concerning the Program of the Peace Corps	  February 3, 2004 
        -    TIAS  		Azerbaijan (04-102) – Agreement Concerning Cooperation in Preventing the Proliferation of Weapons of Mass Destruction	  January 2, 2004 
        -    TIAS  		Azerbaijan (03-828) – Agreement Regarding the Surrender of Persons to the International Criminal Court	  August 28, 2003 
        -    TIAS  		Azerbaijan (03-507) – Agreement Concerning Cooperation in the Area of Counterproliferation of Weapons of Mass Destruction and Defense Activities	  May 7, 2003 
        -    TIAS  		Azerbaijan (02-614) – Agreement Concerning the Provision of Training Related to Defense Articles Under the United States International Military Education and Training (IMET) Program	  June 14, 2002 
        -    TIAS  		Azerbaijan (01-802) – Treaty Concerning the Encouragement and Reciprocal Protection of Investment	  August 2, 2001 
        -    TIAS  		Azerbaijan (13093) – Agreement Regarding Cooperation to Facilitate the Provision of Assistance	  August 21, 2000 
        -    TIAS  		Azerbaijan (99-608) – Diplomatic and Consular Property	  June 8, 1999 

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#### § 137.339 May a Self-Governance Tribe use project funds for matching or cost participation requirements under other Federal and non-Federal programs?

Yes, notwithstanding any other provision of law, all funds provided under a construction project agreement may be treated as non-Federal funds for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

SJON JONES
, Appellant,

v.

STATE OF FLORIDA

, Appellee.

No. 4D2022

- 3184

[ March 20, 2024 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Peter Holde n , Judge; L.T. Case No. 20005656CF10A.

Carey Haughwout, Public Defender, and Paul Edward Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah Koenig, Senior Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Appellant appeals his convictions and sentence for one count of felony battery and one count of resisting an officer without violence. We reverse appellant’s sentence and r emand for resentencing based on the state’s concession that appellant’s scoresheet improperly scored four points for victim injury after the jury specifically found that appellant had not intentionally caused bodily harm to another. We affirm as to all other

issues. See Guzman v. State , 350 So. 3d 72, 73 (Fla. 4th DCA 2022),

review denied , No. SC22

- 1597, 2023 WL 3830251 (Fla. June 6, 2023), cert. pending , No. 23

- 5173 (U.S. July 2 1, 2023)

.

Affirmed in part, reversed in part, and remanded for resentencing.

G ROSS

, G ERBER and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
§ 137.87 May the Secretary reduce the amount of funds due under Title V in subsequent years? No, in accordance with section 508(d)(1)(C)(ii) of the Act [25 U.S.C. 458aaa-7(d)(1)(C)(ii)], the Secretary is prohibited from reducing the amount of funds required under Title V in subsequent years, except pursuant to: ( a ) A reduction in appropriations from the previous fiscal year for the program or function to be included in a compact or funding agreement;
( b ) A Congressional directive in legislation or accompanying report;
( c ) A Tribal authorization;
( d ) A change in the amount of pass-through funds subject to the terms of the funding agreement; or
( e ) Completion of a project, activity, or program for which such funds were provided.
I

104TH CONGRESS

2D SESSION H. R. 2887

To amend the Internal Revenue Code of 1986 to exempt from the highway

vehicle excise tax certain equipment specially designed for off-highway

seasonal harvesting of agricultural commodities.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1996

Mr. JOHNSON of South Dakota introduced the following bill; which was

referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to exempt

from the highway vehicle excise tax certain equipment

specially designed for off-highway seasonal harvesting of

agricultural commodities.

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

3 SECTION 1. EQUIPMENT PRIMARILY DESIGNED FOR HAR4 VESTING AND RELATED TRANSPORTATION.

5 (a) IN GENERAL.—Section 4053 of the Internal Rev6 enue Code of 1986 (relating to exemptions) is amended

7 by adding at the end the following new paragraph:
2

•HR 2887 IH

1 ‘‘(8) HARVESTING EQUIPMENT.—Any article

2 described in subparagraph (D) of section 4051(a)(1)

3 which is specially designed—

4 ‘‘(A) to perform off-highway tasks in con5 nection with seasonal harvesting of agricultural

6 commodities, and

7 ‘‘(B) to transport the harvested agricul8 tural commodities in an unmanufactured state

9 for processing, storage, or sale.’’

10 (b) EFFECTIVE DATE.—The amendment made by

11 this Act shall apply to sales occurring after December 31,

12 1995.

Æ
HomeSlovenia

# Slovenia

76 items

        -    Bilateral Relations Fact Sheet  		U.S. Relations With Slovenia	  December 1, 2021 
        -    Report  		2021 Investment Climate Statements: Slovenia	  July 21, 2021 
        -    Report  		2021 Trafficking in Persons Report: Slovenia	  July 1, 2021 
        -    Press Statement  		Slovenia Statehood Day	  Antony J. BlinkenJune 25, 2021 
        -    Report  		2020 Report on International Religious Freedom: Slovenia	  May 12, 2021 
        -    Media Note  		Joint Statement on the WHO-Convened COVID-19 Origins Study	  March 30, 2021 
        -    Report  		2020 Country Reports on Human Rights Practices: Slovenia	  March 30, 2021 
        -    Report  		2020 Investment Climate Statements: Slovenia	  September 8, 2020 
        -    Joint Statement  		COVID-19 and Religious Minorities Pandemic Statement	  August 20, 2020 
        -    Report  		The JUST Act Report: Slovenia	  July 29, 2020 

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§ 136.412 What questions must the IHS ask as part of the background investigation? ( a ) Applications for employment with the IHS must include the following questions: ( 1 ) Has the individual been arrested or charged with a crime involving a child? If yes, the individual must provide the date, explanation of the violation, disposition of the arrest or charge, place of occurrence, and the name and address of the police department or court involved.
( 2 ) Has the individual ever been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious or misdemeanor offense, under Federal, State, or Tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact, or prostitution; crimes against persons; or offenses committed against children? If yes, the individual must provide an explanation of the violation, place of occurrence, date and disposition of the court proceeding, and the name and address of the police department or court involved.
( b ) The IHS must require that the individual sign, under penalty of perjury, a statement verifying the truth of all information provided in the employment application and acknowledging that knowingly falsifying or concealing a material fact is a felony that may result in fines up to $10,000 or five years imprisonment, or both.
( c ) The IHS must inform the individual that a criminal history record check is a condition of employment and require the individual to consent in writing to a criminal history record check.
I

104TH CONGRESS

2D SESSION H. R. 2869

To extend the deadline for commencement of construction of a hydroelectric

project in the State of Kentucky.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 23, 1996

Mr. WHITFIELD introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To extend the deadline for commencement of construction

of a hydroelectric project in the State of Kentucky.

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

3 SECTION 1. EXTENSION OF COMMENCEMENT OF CON4 STRUCTION DEADLINE FOR HYDROELECTRIC

5 PROJECT IN KENTUCKY.

6 (a) IN GENERAL.—Notwithstanding the time period

7 specified in section 13 of the Federal Power Act (16

8 U.S.C. 806) that would otherwise apply to the Federal En9 ergy Regulatory Commission project numbered 6641, the

10 Commission shall, at the request of the licensee for the
2

•HR 2869 IH

1 project, in accordance with the good faith, due diligence,

2 and public interest requirements of that section and the

3 Commission’s procedures under that section, extend until

4 June 15, 1998, the time period during which the licensee

5 is required to commence construction of the project.

6 (b) APPLICABILITY.—Subsection (a) shall take effect

7 on the expiration of the extension, issued by the Commis8 sion under section 13 of the Federal Power Act (16 U.S.C.

9 806), of the period required for commencement of con10 struction of the project described in subsection (a).

11 (c) REINSTATEMENT OF EXPIRED LICENSE.—If the

12 license for the project described in subsection (a) has ex13 pired prior to the date of enactment of this Act, the Com14 mission shall reinstate the license effective as of the date

15 of its expiration and extend until June 15, 1998, the time

16 required for commencement of construction of the project.

Æ
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HomeBureau of International Organization Affairs...Contact Us – Bureau of International Organization Affairs

# 									Contact Us – Bureau of International Organization Affairs							

For media inquiries, please see the Department of State’s **Information for Journalists**.

For visa information, contact 202-663-1225. For travel information for U.S. citizens, contact 202-647-5225.

To send an email to the U.S. Department of State: **Contact us**.

Contact the U.S. Department of State’s Public Communication Line at 202-647-6575.

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# Kazakhstan

137 items

        -    Report  		2020 Report on International Religious Freedom: Kazakhstan	  May 12, 2021 
        -    Media Note  		Joint Statement on the C5+1 Virtual Ministerial	  May 4, 2021 
        -    Readout  		Secretary Blinken’s Meeting with the C5+1	  April 23, 2021 
        -    Readout  		Secretary Blinken’s Call with Kazakhstan Deputy Prime Minister and Foreign Minister Tileuberdi	  April 22, 2021 
        -    Report  		2020 Country Reports on Human Rights Practices: Kazakhstan	  March 30, 2021 
        -    Funding Opportunity Announcement  		DRL Support for Freedom of Association in Kazakhstan	  March 26, 2021 
        -    Report  		2020 Investment Climate Statements: Kazakhstan	  September 8, 2020 
        -    Report  		2020 Trafficking in Persons Report: Kazakhstan	  June 25, 2020 
        -    Report  		Country Reports on Terrorism 2019: Kazakhstan	  June 24, 2020 
        -    Report  		2019 Report on International Religious Freedom: Kazakhstan	  June 10, 2020 

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§ 136.118 Effect on existing rights. The regulations in this part are not meant to and do not: ( a ) Affect, modify, diminish, or otherwise impair the sovereign immunity from suit enjoyed by an Indian tribe;
( b ) Authorize, require or permit the termination of any existing trust responsibility of the United States with respect to the Indian people;
( c ) Permit significant reduction in services to Indian people as a result of this subpart.
#### John Madden, Appellant, *v.*Anna J. Lennon, Impleaded, etc., Respondent.

(Supreme Court, Appellate Term,

June, 1898.)

Mechanic’s lien — Proof required of subcontractor.

In order to recover against the owner of premises, a subcontractor must show that something was due fipm the owner to the principal contractor when the lien of the subcontractor was filed, or that, thereafter, a sum became, due from the ownér to the principal contractor which sum was applicable to the claim of the subcontractor.

Appeal from a judgment rendered in th^ Municipal Court of the city of Hew York, borough of Manhattan, eleventh district, dismissing the complaint with respect to the respondent Anna J. Lennon. /

Earley & Prendergast, for appellant.

Jesse W. Ehrie, for respondent.

*Per Curiam.*

The burden of proof rested upon the plaintiff, of showing that there was something due from the owner to the principal contractor at the time of filing the lien, or that thereafter a sum became due from her to such contractor which would be applicable to the payment of his debt to the plaintiff. Lemieux v. English, 19 Misc. Rep. 545; Keavey v. De Rago, 20 id. 105; Van Clief v. Van Vechten, 130 N. Y. 571. He-has failed to sustain this burden, *705and the judgment rendered in favor of the respondent Anna J, Lennon, the owner of the premises affected by the lien, must, therefore, be affirmed.

Judgment affirmed, with costs.

Present: Beekmah, P. J., Gildersleeve and Giegerich, JJ,

Judgment affirmed, with costs.