alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals San Antonio, Texas October 21, 2020 No. 04-20-00501-CR Kevin Arick O'DELL , Appellant

v. The STATE of Texas, Appellee From the 198th Judicial District Court, Bandera County, Texas

Trial Court No. CR-19-0000144 Honorable M. Rex Emerson, Judge Presiding



### O R D E R On February 12, 2020, the trial court signed an order of deferred adjudication, pursuant to a plea bargain. On September 28, 2020, appellant filed with the trial court clerk a request for forms to appeal the order of deferred adjudication. A copy of appellant’s request for forms was filed with our court and docketed as a notice of appeal. Appellant filed his request for forms well after the prescribed time limit for perfecting an appeal. See T EX . R. A PP . P. 26.1; see also R. 26.3 (providing for a fifteen-day grace period). “[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court’s jurisdiction. Verburgt v. Dorner , 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). Accordingly, appellant is ORDERED to show cause in writing within fourteen (14) days from the date of this order why this appeal should not be dismissed for lack of jurisdiction. In addition, the trial court’s certification in this appeal states that this criminal case, “is a plea-bargain case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” T EX . R. A PP . P. 25.2(d). It is therefore ORDERED that this appeal will be dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed within thirty (30) days from the date of this order, showing appellant has the right of appeal. See T EX . R. A PP . P. 25.2(d); 37.1; see also Dears v. State , 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State ,110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.).All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of October, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court
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Exhibit 32.1

OPTi Inc.

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 the Amendment No. 2 to the Annual Report of OPTi Inc. (the Company) on Form 10-K/A for the fiscal
year ending March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report). I, Bernard T. Marren, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted
pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) | The Report fully complies with requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|--- | -----------------------------------------------------------------------------------------------------------------

|(2) | The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------



|                                          |  |       |  |           
|----------------------------------------- |  | ----- |  | ----------
|/s/ Bernard T. Marren                     |  | Date: |  | 12/10/2010
|Bernard T Marren, Chief Executive Officer |  |       |  |
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

# AGENCY:

National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS).

# ACTION:

Notice.

# SUMMARY:

HHS gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the St. Louis Airport Storage site, St. Louis, Missouri, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows:

*Facility:*                         St. Louis Airport Storage site.                    

*Location:*                         St. Louis, Missouri.                    

*Job Titles and/or Job Duties:*                         All workers who worked in any area and in any job capacity.                    

*Period of Employment:*                         During the operational period from January 1, 1946 through December 31, 1966 and the residual period from January 1, 1967 through December 31, 1998.                    

# FOR FURTHER INFORMATION CONTACT:

                        Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to                         *OCAS@CDC.GOV.*

John Howard,

Director, National Institute for Occupational Safety and Health.

[FR Doc. E9-24023 Filed 10-5-09; 8:45 am]

BILLING CODE 4163-19-P
§ 19.244 Automatic removal, suspension, or debarment. ( a ) An independent public accountant or accounting firm may not perform audit services for insured national banks, insured Federal savings associations, or insured Federal branches of foreign banks if the accountant or firm: ( 1 ) Is subject to a final order of removal, suspension, or debarment (other than a limited scope order) issued by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the former Office of Thrift Supervision under section 36 of the FDIA (12 U.S.C. 1831m);
( 2 ) Is subject to a temporary suspension or permanent revocation of registration or a temporary or permanent suspension or bar from further association with any registered public accounting firm issued by the Public Company Accounting Oversight Board or the Securities and Exchange Commission under sections 105(c)(4)(A) or (B) of the Sarbanes-Oxley Act (15 U.S.C. 7215(c)(4)(A) or (B)); or
( 3 ) Is subject to an order of suspension or denial of the privilege of appearing or practicing before the Securities and Exchange Commission.
( b ) Upon written request, the Comptroller, for good cause shown, may grant written permission to such accountant or firm to perform audit services for insured national banks, insured Federal savings associations, or insured Federal branches of foreign banks. The request must contain a concise statement of the action requested. The Comptroller may require the applicant to submit additional information.
§ 1408.6 Demand for payment. ( a ) A total of three progressively stronger written demands at not more than 30-day intervals should normally be made upon a debtor, unless a response or other information indicates that additional written demands would either be unnecessary or futile. When necessary to protect the Government's interest, written demands may be preceded by other appropriate actions under Federal law, including immediate referral for litigation and/or administrative offset.
( b ) The initial demand for payment shall be in writing and shall inform the debtor of the following: ( 1 ) The amount of the debt, the date it was incurred, and the facts upon which the determination of indebtedness was made;
( 2 ) The payment due date, which shall be 30 calendar days from the date of mailing or hand delivery of the initial demand for payment;
( 3 ) The right of the debtor to inspect and copy the records of the agency related to the claim or to receive copies if personal inspection is impractical. The debtor shall be informed that the debtor may be assessed for the cost of copying the documents in accordance with § 1408.7;
( 4 ) The right of the debtor to obtain a review of the Corporation's determination of indebtedness;
( 5 ) The right of the debtor to offer to enter into a written agreement with the agency to repay the amount of the claim. The debtor shall be informed that the acceptance of such an agreement is discretionary with the agency;
( 6 ) That charges for interest, penalties, and administrative costs will be assessed against the debtor, in accordance with 31 U.S.C. 3717, if payment is not received by the payment due date;
( 7 ) That if the debtor has not entered into an agreement with the Corporation to pay the debt, has not requested the Corporation to review the debt, or has not paid the debt by the payment due date, the Corporation intends to collect the debt by all legally available means, which may include initiating legal action against the debtor, referring the debt to a collection agency for collection, collecting the debt by offset, or asking other Federal agencies for assistance in collecting the debt by offset;
( 8 ) The name and address of the Corporation official to whom the debtor shall send all correspondence relating to the debt; and
( 9 ) Other information, as may be appropriate.
( c ) If, prior to, during, or after completion of the demand cycle, the Corporation determines to collect the debt by either administrative or salary offset, the Corporation shall follow, as applicable, the requirements for a Notice of Intent to Collect by Administrative Offset or a Notice of Intent to Collect by Salary Offset set forth in § 1408.22.
( d ) If no response to the initial demand for payment is received by the payment due date, the Corporation shall take further action under this part, under the Federal Claims Collection Act of 1966, as amended, under the joint regulations (4 CFR parts 101-105), or under any other applicable State or Federal law. These actions may include reports to credit bureaus, referrals to collection agencies, termination of contracts, debarment, and salary or administrative offset.
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        <S> <C>

<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information taken from the balance 
sheet as of March 31, 1999 (unaudited) and the statement of operations for 
the nine-month period ended March 31, 1999 (unaudited) and is qualified in 
its entirety by reference to the Company's Annual Report on Form   10-K for 
the fiscal year ended June 30, 1998.
</LEGEND>

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<FISCAL-YEAR-END>              JUN-30-1999
<PERIOD-END>                   MAR-31-1999
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<INVENTORY>                          1,399
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<PP&E>                             729,841
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<INTEREST-EXPENSE>                       0
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<PAGE>
 
<ARTICLE> 5
<CIK>      0000794665
<NAME>     First Capital Institutional Real Estate - 4
<MULTIPLIER> 1
       
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<PERIOD-START>                           JAN-01-1996
<PERIOD-END>                             SEP-30-1996
<CASH>                                     1,189,800
<SECURITIES>                               3,364,100
<RECEIVABLES>                                103,700
<ALLOWANCES>                                       0
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<BONDS>                                    4,246,800
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<PREFERRED>                                        0
<OTHER-SE>                                32,175,300
<TOTAL-LIABILITY-AND-EQUITY>              38,180,300
<SALES>                                            0
<TOTAL-REVENUES>                           4,020,600
<CGS>                                              0
<TOTAL-COSTS>                              1,799,600
<OTHER-EXPENSES>                             147,200
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                           272,500
<INCOME-PRETAX>                              830,000
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                          830,000
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                 830,000
<EPS-PRIMARY>                                   1.20
<EPS-DILUTED>                                   1.20
        

</TABLE>
§ 1203.1 Purpose and scope. ( a ) This part implements the Equal Access to Justice Act, 5 U.S.C. 504, by establishing procedures for the filing and consideration of applications for awards of fees and other expenses to eligible individuals and entities who are parties to adversary adjudications before FHFA.
( b ) This part applies to the award of fees and other expenses in connection with adversary adjudications before FHFA. However, if a court reviews the underlying decision of the adversary adjudication, an award for fees and other expenses may be made only pursuant to 28 U.S.C. 2412(d)(3).
**Exhibit 23.1**

 

**CONSENT OF ERNST & YOUNG LLP,**

**INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos. 333-39215, 333-26153, 333-17299, 333-15181, 33-80706, 33-65756) pertaining to the 1996 Employee Stock Purchase Plan, the 1995Nonstatutory Stock Option Plan, the 1993 Employee Stock Purchase Plan and the 1993 Director Stock Option Plan of OPTi Inc. of our report dated June 10, 2005 with respect to the consolidated financial statements and schedule of OPTi Inc. included inthe Annual Report (Form 10-K) for the year ended March 31, 2005. 

 

/s/    ERNST & YOUNG LLP 

 

San Jose, California 

June 27, 2005
#### § 1807.908 Fraud, waste and abuse.

Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of a CMF Award should report such incidences to the Office of Inspector General of the U.S. Department of the Treasury.
#### Edmund Spillane, Respondent, *v.*The Eastman’s Company of New York, Appellant.

(City Court of New York, General Term,

July, 1900.)

Negligence — When the doctrine of the negligence of fellow-servants does not apply to exonerate the master.

A carpenter, and a laborer employed to clean up a building in which the carpenter is working, although employed by the same master, are riot engaged in the same line of business, and, therefore, where the carpenter is injured by a shutter thrown by the laborer out of an upper window of the building, the master cannot escape liability to the carpenter under the contention that he and the laborer were fellow-servants.

Appeal from a judgment of the City Court of the city of New York, entered upon a verdict in favor of the plaintiff, and from an order denying a motion for a new trial.

*236Nadal, Smythe, Carrere & Trafford (L. Sidney Carrere and George O. Redington, of counsel), for appellant.

Joseph I. Berry, for respondent.

Conlan, J.

The plaintiff brought this action to recover damages for an injury alleged to have been caused by the defendant’s negligence. It is contended by the defendant that the injuries were inflicted by a fellow-servant of the plaintiff, and that, therefore, a reversal of the judgment should be had.

The plaintiff was a carpenter, and, with one Leonard, who was employed to clean up after the other workmen, was engaged in different parts of a building in course of construction in New York city.

While the plaintiff was performing the work assigned to him, the man, Leonard, threw a shutter from an upper floor of the premises, which struck the plaintiff, and caused the injury for which recovery is sought in this action. The judge presiding at the trial withdrew from the jury the question as to whether the act in question was or was not that of a fellow-servant, and we think that under all the circumstances this was not error. The plaintiff and Leonard, although in the employ of the defendant, were not fellow-servants in the sense that the defendant can escape the consequences of the injury. They were not engaged in the same line of business, and to impute the cause of injury to Leonard, so as to make him individually liable, would be to run counter to a long line of decisions establishing an entirely different rule of law. In the case of McTaggart against the Eastman’s Company, decided by the General Term of this court (27 Misc. Rep. 184), the plaintiff was a hod carrier in the employ of the defendant, and was thrown from a ladder by reason of a collision with a truck driven by one of the defendant’s employees, and this court held that the act complained of was not the act of a fellow-servant, and the conclusion thus reached was affirmed by the Appellate Term in 28 Misc. Rep. 127. We think the two cases are analogous, and for the reasons stated it follows that the judgment and order appealed from must be affirmed, with costs.

Hascall and Schuchman, JJ., concur.

Judgment and order affirmed, with costs.
No. 76-507.

#### Leipzig et al. *v.*Baldwin et al.

C. A. 9th Cir. Certiorari denied.
§ 192.650 Contents of plan of voluntary supervisory conversion. A majority of the board of directors of the savings association must adopt a plan of voluntary supervisory conversion. The savings association must include all of the following information in its plan of voluntary supervisory conversion. ( a ) The savings association's name and address.
( b ) A complete description of the proposed voluntary supervisory conversion transaction that also describes plans for any liquidation account.
( c ) Certified copies of all resolutions relating to the conversion adopted by the board of directors of the savings association.