alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

TONY DOUSE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D16-1762

[October 4, 2017]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach 

County; Charles Burton, Judge; L.T. Case No. 50-2014-CF-012651-AXXX-MB.

Carey Haughwout, Public Defender, and Tom Wm. Odom, Assistant Public 

Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Anesha Worthy, 

Assistant Attorney General, West Palm Beach, for appellee.

CIKLIN, J.

The defendant was convicted of sexual battery. The defendant raises two 

issues on appeal, each relating to the inadvertent disclosure of inadmissible 

evidence to the jury through a mistakenly unredacted recording of a police 

interview. We find both arguments to be without merit and we affirm, but we

write to address defense counsel’s admission at trial that he failed to provide 

effective assistance. 

To establish a claim of ineffective assistance of counsel, a defendant “must 

demonstrate: (1) that counsel’s performance was deficient; and (2) a reasonable 

probability that the result of the proceeding would have been different absent 

the deficient performance.” Routly v. State, 590 So. 2d 397, 401 (Fla. 1991) 

(citing Strickland v. Washington, 466 U.S. 668 (1984); Eutzy v. State, 536 So. 2d 

1014, 1015 (Fla. 1988)). Within the ineffective assistance analysis, a deficiency 

in performance cannot be presumed from counsel’s mere admission that he or 

she was ineffective. See id. at 401 n.4 (“[A]n attorney’s own admission that he 

or she was ineffective is of little persuasion in these proceedings.” (quoting Kelley 

v. State, 569 So. 2d 754, 761 (Fla. 1990))). This is because the “admission that 

he or she was ineffective is not evidence of counsel’s performance . . . .” Marek 

v. State, 14 So. 3d 985, 1000 (Fla. 2009); see also Ibar v. State, 190 So. 3d 1012, 
1022 (Fla. 2016) (finding counsel was ineffective but emphasizing that finding 

was not based on counsel’s admission of ineffective assistance).

Because an admission by counsel that he or she was ineffective cannot form 

the basis of an ineffective assistance of counsel claim, Marek, 14 So. 3d at 1000, 

we caution counsel against relying on an attempt to fall on counsel’s own sword 

in order to rescue his or her client from a deficient performance.

Affirmed.

KLINGENSMITH, J., and METZGER, ELIZABETH A., Associate Judge, concur.

* * *

Not final until disposition of timely filed motion for rehearing.
~

nigra
ey
of ____ — —__ ___SURVEY

RIZONTAL SCI Poke, 1: 63,360

ICAL SCALE ON RECONNAISSANCE PROFILES AS SHOWN
ta ee GAMMA
GAMMA conToUR———__-__-~~_

; * TRARY DATUM

TIC GRADIENT NOTeREMOVED

OF FIELD: 55,000 GAMMAS
Por tA

“

- > _ We

Mat ss ie:

\

to

100 ie) 100 200.

300 miles

Scale

INDEX MAP OF ALASKA SHOWING LOCATION OF SEWARD PENINSULA AIRBORNE GEOPHYSICAL
SURVEYS, 1968. SEE DETAILED INDEX FOR ACTUAL COVERAGE.

| 7 | ee
Lf ‘. ee ‘
: x
code _ aa
* “7 166°00 Fe. %
‘ 165° 30° 164°30°
® 66°45" 66°45! . :
7 is
| | > (
or ee
, _ ORNE GEOPHYSICAL SURVEYS IN SEWARD
fel. i AIR B VV
(cgi serrentine HOT SPRINGS 4 i
8 *
68°45! } —}__——-—"__| crogs: - AREA
ane : I c Is 2 3 4 mes
Ve og a —————- a
. 30" ) < 163°30"
eseisy . a 65°15" = i 1969 a”
7? Tv INDEX MAP SHOWING DETAILED LOCATION OF f
3 bu q AIRBORNE GEOPHYSICAL SURVEYS IN SEWARD {
— _ ~All PENINSULA, 1968. COVERAGE CONFINFND TO & + .
earas' 64°48' AREAS OUTLINED BY DASHED LINES PLUS { i
AREA 1 LETTERED PROFILES ~ - +o
AL--5 ’
Ui he Pe a
A |
. (CH “AREA < at ¥
Se leea0'/ 9 10,11 165°00' vesSs0"”
od - «
oa ae “a > \ é 5
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2001
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       5,609,000
<SECURITIES>                                         0
<RECEIVABLES>                                2,151,000
<ALLOWANCES>                                   478,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             7,962,000
<PP&E>                                       2,419,000
<DEPRECIATION>                                 177,000
<TOTAL-ASSETS>                              29,394,000
<CURRENT-LIABILITIES>                        5,984,000
<BONDS>                                         78,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    33,210,000
<OTHER-SE>                                 (9,878,000)
<TOTAL-LIABILITY-AND-EQUITY>                29,394,000
<SALES>                                              0
<TOTAL-REVENUES>                             2,801,000
<CGS>                                        1,422,000
<TOTAL-COSTS>                                2,774,000
<OTHER-EXPENSES>                               908,000
<LOSS-PROVISION>                               335,000
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (2,583,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,583,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,583,000)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
#### § 1602.15 Requirement for filing and preserving copy of report.

On or before September 30, 1967, and annually thereafter, certain joint labor-management committees subject to title VII of the Civil Rights Act of 1964 which control apprenticeship programs shall file with the Commission, or its delegate, executed copies of Apprenticeship Information Report EEO-2 in conformity with the directions set forth in the form and accompanying instructions. The committees covered by this regulation are those which (a) have five or more apprentices enrolled in the program at any time during August and September of the reporting year, and (b) represent at least one employer sponsor and at least one labor organization sponsor which are themselves subject to title VII. Every such committee shall retain at all times among the records maintained in the ordinary course of its affairs a copy of the most recent report filed, and shall make the same available if requested by an officer, agent, or employee of the Commission under the authority of section 710 of title VII. It is the responsibility of all such committees to obtain from the Commission or its delegate necessary supplies of the form.

[37 FR 9220, May 6, 1972]
#### Rochester Trust and Safe Deposit Company, Appellant, *v.*Rodney S. Hatch et al., Respondents.

Submitted March 1, 1937;

decided March 9, 1937.

Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 273 N. Y. 507.)
1 Mile
1 Mile
1 Mile
1 Mile
1 Mile
1 Mile
1 Mile
1 Mile
1 Mile
#### § 1602.43 Commission's remedy for school systems' or districts' failure to file report.

Any school system or district failing or refusing to file report EEO-5 when required to do so may be compelled to file by order of a U.S. district court, upon application of the Commission or the Attorney General.

[61 FR 33660, June 28, 1996]
#### STATE ex CHANDLER v JACKSON et

Ohio Supreme Court

No 21715.

Decided June 5, 1929

AIR TRANSPORT — Real Estate (510 Ca)

(17 A) The authority given to municipalities in this state by 3839 GC, to purchase or condemn land necessary for landing fields for air craft and transportation terminals and rights of way for connection with highways and railways gives to such establishments the character of a public utility, and all laws applicable to municipally owned utilities are applicable thereto.

Kinkade, Robinson, Day and Allen, JJ, concur. Jones and Matthias, JJ, concur in the syllabus, but dissent from the judgment.
#### § 1915.1013 beta-Propiolactone.

Note:

The requirements applicable to shipyard employment under this section are identical to those set forth at [§ 1910.1003 of this chapter](/on/2024-09-19/title-29/section-1910.1003).

[[61 FR 31430](https://www.federalregister.gov/citation/61-FR-31430), June 20, 1996]
Exhibit 23.0    Consent of BKD LLP to Publish Their Consolidated Financial
                Statements Dated March 31, 2001 and 2000

                        INDEPENDENT ACCOUNTANT'S CONSENT

                  The Board of Directors
                  CGB&L Financial Group, Inc.

                  We hereby consent to the incorporation by reference, in
                  Registration Statement on Form S-8 filed with the SEC on
                  October 29, 1999 on behalf of CGB&L Financial Group,
                  Inc., of our report dated April 06, 2001 on the
                  consolidated financial statements of CGB&L Financial
                  Group, Inc. and subsidiary for the year ended March 31,
                  2001, which report is incorporated in the Company's Form
                  10-KSB of CGB&L Financial Group, Inc.

                  By:  /s/ BKD LLP
                  Formerly known as Olive LLP
                  Decatur, Illinois
                  June 26, 2001


                                       66
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENTS OF INCOME AND CONSOLIDATED BALANCE SHEETS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-29-1997
<PERIOD-START>                             FEB-01-1996
<PERIOD-END>                               JAN-29-1997
<CASH>                                             381
<SECURITIES>                                        25
<RECEIVABLES>                                      441
<ALLOWANCES>                                         0
<INVENTORY>                                      6,354
<CURRENT-ASSETS>                                 7,733
<PP&E>                                          10,768
<DEPRECIATION>                                   5,028
<TOTAL-ASSETS>                                  14,286
<CURRENT-LIABILITIES>                            3,602
<BONDS>                                          2,121
<PREFERRED-MANDATORY>                              980
<PREFERRED>                                          0
<COMMON>                                           486
<OTHER-SE>                                       4,606
<TOTAL-LIABILITY-AND-EQUITY>                    14,286
<SALES>                                         31,437
<TOTAL-REVENUES>                                31,437
<CGS>                                           24,390
<TOTAL-COSTS>                                   24,390
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 453
<INCOME-PRETAX>                                    330
<INCOME-TAX>                                        68
<INCOME-CONTINUING>                                231
<DISCONTINUED>                                   (451)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (220)
<EPS-PRIMARY>                                    (.45)
<EPS-DILUTED>                                    (.45)
        

</TABLE>
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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  accompanying  Annual  Report On Form 10-KSB/A of
Gateway  Distributors,  Ltd.  for  the  fiscal year ending December 31, 2005, I,
Richard A. Bailey, Chief Executive Officer of Gateway Distributors, Ltd., hereby
certify  pursuant  to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     1.     Such  Annual  Report  on  Form  10-KSB/A  for the fiscal year ending
December  31,  2005,  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  such Annual Report on Form 10-KSB/A
for  the  fiscal year ending December 31, 2005, fairly presents, in all material
respects,  the  financial  condition  and  results  of  operations  of  Gateway
Distributors,  Ltd.

     Dated:  July 21, 2006.
                                         /s/  Richard A Bailey
                                         ---------------------------------------
                                         Richard A. Bailey, Chief Executive
                                         Officer of Gateway Distributors, Ltd.
# EUR-Lex - 31998R0385 - EN

Avis juridique important

*|*

# 31998R0385

**Commission Regulation (EC) No 385/98 of 18 February 1998 fixing the minimum selling prices for beef put up for sale under the invitation to tender referred to in Regulation (EC) No 187/98 **

*
Official Journal L 048 , 19/02/1998 P. 0032 - 0033 *

COMMISSION REGULATION (EC) No 385/98 of 18 February 1998 fixing the minimum selling prices for beef put up for sale under the invitation to tender referred to in Regulation (EC) No 187/98

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal (1), as last amended by Regulation (EC) No 2634/97 (2), and in particular Article 7(3) thereof,

Whereas tenders have been invited for certain quantities of beef fixed by Commission Regulation (EC) No 187/98 (3);

Whereas, pursuant to Article 9 of Commission Regulation (EEC) No 2173/79 (4), as last amended by Regulation (EC) No 2417/95 (5), the minimum selling prices for meat put up for sale by tender should be fixed, taking into account tenders submitted;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

The minimum selling prices for beef for the invitation to tender held in accordance with Regulation (EC) No 187/98 for which the time limit for the submission of tenders was 5 February 1998 are as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 February 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 148, 28. 6. 1968, p. 24.

(2) OJ L 356, 31. 12. 1997, p. 13.

(3) OJ L 19, 24. 1. 1998, p. 65.

(4) OJ L 251, 5. 10. 1979, p. 12.

(5) OJ L 248, 14. 10. 1995, p. 39.

ANEXO - BILAG - ANHANG - ÐÁÑÁÑÔÇÌÁ - ANNEX - ANNEXE - ALLEGATO - BIJLAGE - ANEXO - LIITE - BILAGA

>TABLE>
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Income  &  Growth
Fund  23 LLC (the "Company") on Form 10-QSB for the period  ended
September  30,  2005, as filed with the Securities  and  Exchange
Commission  on  the date hereof (the "Report"), the  undersigned,
Robert  P.  Johnson, President of AEI Fund Management XXI,  Inc.,
the  Managing Member of the Company, and Patrick W. Keene,  Chief
Financial Officer of AEI Fund Management XXI, Inc., each certify,
pursuant  to  18 U.S.C. 1350, as adopted pursuant to Section  906
of the Sarbanes-Oxley Act of 2002, 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
          condition and results of operations of the Company.


                          /s/ ROBERT P JOHNSON
                              Robert P. Johnson, President
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              November 4, 2005



                          /s/ PATRICK W KEENE
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              November 4, 2005
<PAGE>

Exhibit 31.1

                                  CERTIFICATION

I, Woody M. McGee, certify that:

1. I have reviewed this quarterly report on Form 10-Q for the quarter ended
September 30, 2004 of Davel Communications, Inc.;

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

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

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

(a) designed such disclosure controls and procedures, or caused such disclosure
controls to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this report is being prepared;

(b) evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

(c) disclosed in this report any change in the registrant's internal control
over financial reporting that occurred during the registrant's most recent
fiscal quarter that has materially affected or is reasonably likely to
materially affect the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent function):

(a) all significant deficiencies and material weaknesses in the design or
operation of internal controls over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

(b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls over
financial reporting.

Date: November 15, 2004

                                             /s/ WOODY M. MCGEE
                                            ------------------------------
                                             Woody M. McGee
                                             Chief Executive Officer

                                       26
§ 10.56 Petition for review. ( a ) Within 30 calendar days after the date of the decision of the Administrative Law Judge (or such additional time as is granted by the Administrative Review Board), any party aggrieved thereby who desires review thereof shall file a petition for review of the decision with supporting reasons. Such party shall transmit the petition in writing to the Administrative Review Board with a copy thereof to the Chief Administrative Law Judge. The petition shall refer to the specific findings of fact, conclusions of law, or order at issue. A petition concerning the decision on debarment shall also state the disregard of obligations to workers and/or subcontractors, or lack thereof, as appropriate. A party must serve the petition for review, and all briefs, on all parties and the Chief Administrative Law Judge. It must also timely serve copies of the petition and all briefs on the Administrator, Wage and Hour Division, and on the Associate Solicitor, Division of Fair Labor Standards, Office of the Solicitor, U.S. Department of Labor, Washington, DC 20210.
( b ) *Effect of filing.* If a party files a timely petition for review, the Administrative Law Judge's decision shall be inoperative unless and until the Administrative Review Board issues an order affirming the letter or decision, or the letter or decision otherwise becomes a final order of the Secretary. If a petition for review concerns only the imposition of debarment, however, the remainder of the decision shall be effective immediately. No judicial review shall be available unless a timely petition for review to the Administrative Review Board is first filed.
**Exhibit 23**

 

 

**Consent ofIndependent Registered Public Accounting Firm**

 

 

We consent to the incorporation by reference in theRegistration Statement (Form S-8 No. 33-46722-01) pertaining to the IHCCRetirement Savings Plan and Trust (formerly the Kentucky Investors, Inc. andAffiliated Companies 401(k) Savings Plan and Trust) of our report dated March19, 2010, with respect to the consolidated financial statements of InvestorsHeritage Capital Corporation included in this Annual Report (Form 10-K) for theyear ended December 31, 2009.

 

 

 

 

/s/Ernst & Young LLP

Cincinnati, Ohio

March 19, 2010

----

----
<PAGE>
                                                                    EXHIBIT 32.2



                            SECTION 906 CERTIFICATION



I, Donald C. White, the Chief Financial Officer of Intrepid Capital Corporation
(the "Company"), do hereby certify in accordance with 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my
knowledge:

         1.       The Quarterly Report on Form 10-QSB of the Company for the
                  quarter ended June 30, 2003 (the "Periodic Report") fully
                  complies with the requirements of Section 15(d) of the
                  Securities Exchange Act of 1934, as amended; and

         2.       The information contained in the Periodic Report fairly
                  presents, in all material respects, the financial condition
                  and results of operations of the Company.

Dated:  September 19, 2003

                                   By: /s/ Donald C. White
                                      ------------------------------------------
                                        Donald C. White, Chief Financial Officer