alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## 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

N O . W R - 8 0 , 5 6 1 - 0 1

E X P A R T E J E R R E L L B E L L , A p p l i c a n t

O N A P P L I C A T I O N F O R A W R I T O F H A B E A S C O R P U S C A U S E N O . 1 3 0 5 4 7 0 - A I N T H E 1 7 4 D I S T R I C T C O U R T T H F R O M H A R R I S C O U N T Y

P e r c u r i a m . O P I N I O N Pursuant to the provisions of Article 11.07 of the Texas Code of Crim i n al P ro ce dure, the cler k of the trial court transmitted to this Court this application for writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of less than one g ram of coca ine, a state jail felony , and sentenc ed to 120 day s’ confine ment in the county jail. He did not appea l his conviction. Applicant contends that he is actua lly innocent beca use newly available evidenc e shows he did not possess a controlled substanc e. The State ag ree s that Applicant is entitled to relief. L abora tory tes ting conducte d afte r Applicant’s conviction shows that the substance he2

p o s s essed was not a controlled substance. The trial court has deter mined that the Applica n t h as proven by clea

r and convincing evidenc e that no rea sonable juror would have convicted him in light of the new evidenc e. Ba sed on the trial court’s finding s and conclusions and our own revie w of the entire rec ord, we find that Applicant is entitled to relief

. Ex parte Tuley , 109 S.W .3d 388, 392 (Tex. Crim. App. 2002) (citing Ex parte Elizondo , 947 S.W .2d 202, 207 (Tex. Crim. App. 1996)). R el i ef i s g rante d. The judgme nt in Cause Number 1 3 0 5 4 7 0 in the 174 J udicial District t h Court of Har

ris County is set aside, and Applicant is rema nded to the custody of the Sheriff of Har ris County to answer

the cha rg es as set out in the indictment. T he trial court shall issue any nece ssary bench w arr ant within 10 day s after the mandate of this Court issues. Copies of this opinion shall b e s e n t to th e T e xa s D e p a r tme nt of Criminal J ustice–Corre ctional I nstitut ions Division and Pardons and Paroles Division. Deliver ed: Dec ember

18, 2013 Do Not Publish
#### § 2706.102 Application.

This part applies to all programs or activities conducted by the agency.
§ 4022.101 When do these rules apply? ( a ) *In general.* These rules (§§ 4022.101 through 4022.104) apply only if you die— ( 1 ) *Required payments for future periods.* Without having received all required payments for future periods under a form of annuity promising that, regardless of a participant's death, there will be annuity payments for a certain period of time (e.g., a certain-and-continuous annuity) or until a certain amount is paid (e.g., a cash-refund annuity or installment-refund annuity);
( 2 ) *No surviving beneficiary.* Without a surviving beneficiary designated to receive the payments described in paragraph (a)(1) of this section; and
( 3 ) *Time of death.* ( i ) On or after the date we take over your plan (as trustee); or
( ii ) Before the date we take over your plan, to the extent that, by that date, the plan administrator has not paid any required payments for future periods.
( b ) *Effect of plan or will.* These rules apply even if there is a contrary provision in a plan or will.
( c ) *Payments owed at time of death.* See §§ 4022.91 through 4022.95 for rules that apply to benefits we may owe you at the time of your death, such as a correction for monthly underpayments.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 38 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
S. J. RES. 38

  Waiving certain provisions of the Trade Act of 1974 relating to the 
      appointment of a Deputy United States Trade Representative.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2008

Mr. Grassley introduced the following joint resolution; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Waiving certain provisions of the Trade Act of 1974 relating to the 
      appointment of a Deputy United States Trade Representative.

Whereas paragraph (3) of section 141(b) of the Trade Act of 1974 (19 U.S.C. 
        2171(b)(3)) provides certain limitations with respect to the appointment 
        of the United States Trade Representative and Deputy United States Trade 
        Representatives;
Whereas Deanna Tanner Okun has provided significant public service to the United 
        States;
Whereas her years of public service include serving as an aide to a United 
        States Senator with responsibility for international trade and foreign 
        policy issues and, after appointment by the President and confirmation 
        by the Senate, as a Commissioner on the independent United States 
        International Trade Commission, including serving as Chairman of the 
        Commission; and
Whereas it is appropriate to waive the provisions of paragraph (3) of section 
        141(b) of the Trade Act of 1974 with respect to the appointment of 
        Deanna Tanner Okun as Deputy United States Trade Representative: Now, 
        therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That notwithstanding the 
provisions of paragraph (3) of section 141(b) of the Trade Act of 1974 
(19 U.S.C. 2171(b)(3)) or any other provision of law, the President, 
acting by and with the advice and consent of the Senate, is authorized 
to appoint Deanna Tanner Okun as Deputy United States Trade 
Representative.
                                 <all>
```
**EXHIBIT 31.2**
 
 **CERTIFICATION**
 
 I, Jose Perez, certify that:
 
 1. I have reviewed this quarterly report on Form 10-QSB of a21, 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 small business issuer as of, and for, the periods presented in this report;
 
 4. The small business issuers other certifying officers 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 small business issuer and have:
 
 (a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, 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 small business issuer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 small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and
 
 5. The small business issuers other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent functions):
 
 (a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer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 small business issuers internal control over financial reporting.
 
 Date: November 15, 2004
/s/ Jose PerezJose Perez
Vice President of Finance
(Principal Financial Officer)
#### UNITED STATES of America, Appellant, v. Victor John GOMEZ, Appellee.

No. 9125.

United States Court of Appeals Tenth Circuit.

May 31, 1967.

See also, D.C., 243 F.Supp. 145.

J. F. Bishop, Washington, D. C. (Barefoot Sanders, Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty., and Morton Hollander, Atty., Dept, of Justice, were with him on the brief), for appellant.

John S. Carroll, Denver, Colo. (Walter L. Gerash, Denver, Colo., was with him on the brief), for appellee.

Before MURRAH, PICKETT and BREITENSTEIN, Circuit Judges.

PER CURIAM.

Appellee-plaintiff recovered a $15,000 judgment against the United States under the Federal Tort Claims Act, 28 U. S.C. §§ 1346(b), 2671 et seq. The award was for injuries sustained in the operation of a power saw while he was engaged in work on a prison construction crew as a federal prisoner in a federal correctional institution. The trial court concluded that such recovery was proper under United States v. Muniz, 374 U. S. 150, 83 S.Ct. 1850, 10 L.Ed.2d 805. *939After the judgment was entered, the Supreme Court of the United States held in United States v. Demko, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258, that the compensation benefits provided by 18 U.S.C. § 4126 constitute the exclusive remedy for injuries received by federal prisoners while performing assigned prison tasks. That decision precludes recovery under the Federal Tort Claims Act in the instant case.

The judgment is reversed and the case remanded with directions to dismiss the action.
#### In the Matter of the Claim of Ada Robinson, Respondent, v New York City Department of Social Services, Appellant. Workers’ Compensation Board, Respondent.

[697 NYS2d 733]

—Mikoll, J.

Appeal from a decision of the Workers’ Compensation Board, filed April 9, 1998, which ruled that the employer made advance payments of compensation and that, therefore, the claim was not barred by Workers’ Compensation Law § 28.

Claimant, a stenographer/secretary, filed a claim for workers’ compensation benefits based upon work-related carpal tunnel syndrome. It is undisputed that the date of disablement is October 1990 and that claimant failed to file her claim within the two-year limitations period established by Workers’ Compensation Law § 28. It is also undisputed that the employer continued to pay claimant her wages when she was absent from work in the spring of 1991 following sdrgery to relieve the condition. The Workers’ Compensation Board concluded that the payment of wages constituted an advance payment within the meaning of Workers’ Compensation Law § 28, rendering the limitations period inapplicable. The employer appeals.

Workers’ Compensation Law § 28 provides that no case in which an advance payment is made to an employee shall be barred by the employee’s failure to file a claim. Remuneration in the form of wages can constitute an advance payment within the meaning of Workers’ Compensation Law § 28 where the remuneration is provided in recognition of workers’ compensation liability *(see, Matter of Kaschak v IBM Corp.,*256 AD2d 830). Payments made regardless of the cause of injury, however, do not constitute advance payment *(see, Matter of Mortenson v United Parcel Serv.,*185 AD2d 487).

Relying on claimant’s testimony that she could have used sick leave even if her condition had not been work-related, the employer contends that claimant would have been paid regardless of the cause of injury. The record, however, contains a request for leave form created by the employer which requires employees to indicate the type of leave requested and expressly distinguishes sick leave from “Disability (Workers’ Comp)”. In requesting several weeks of leave for her surgery, claimant checked the disability box, not one of the sick leave boxes, and claimant’s supervisor signed and approved the request. The record also contains a weekly time record for an additional week which includes the notation ‘Workers’ Comp” and is also signed by claimant’s supervisor. The documents support the Board’s conclusion that, during the period of claimant’s absence *614following surgery for the work-related, condition, the employer continued to pay claimant’s wages in recognition of its workers’ compensation liability. Even if, as the employer contends, there is evidence in the record which also supports a contrary conclusion, we will not substitute our judgment for that of the Board *(see, Matter of Egloff v Ob-Gyn Assocs.,*245 AD2d 965, 966).

Cardona, P. J., Crew III, Yesawich Jr. and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
#### § 4047.2 Definitions.

The following terms are defined in § 4001.2 of this chapter: controlled group, ERISA, IRS, PBGC, plan, plan administrator, plan year, and single-employer plan.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF COMMUNITY CAPITAL BANCSHARES, INC. FOR THE SIX MONTHS
ENDED JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                         456,150
<INT-BEARING-DEPOSITS>                          61,100
<FED-FUNDS-SOLD>                             8,720,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    768,325
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                      6,151,859
<ALLOWANCE>                                     90,000
<TOTAL-ASSETS>                              17,075,332
<DEPOSITS>                                   8,025,304
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                             46,033
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,050,000
<OTHER-SE>                                   7,953,995
<TOTAL-LIABILITIES-AND-EQUITY>              17,075,332
<INTEREST-LOAN>                                 66,927
<INTEREST-INVEST>                               43,095
<INTEREST-OTHER>                                61,365
<INTEREST-TOTAL>                               171,387
<INTEREST-DEPOSIT>                              29,998
<INTEREST-EXPENSE>                              41,330
<INTEREST-INCOME-NET>                          130,057
<LOAN-LOSSES>                                   90,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                465,025
<INCOME-PRETAX>                               (421,795)
<INCOME-PRE-EXTRAORDINARY>                    (421,795)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (421,795)
<EPS-BASIC>                                       (.40)
<EPS-DILUTED>                                     (.40)
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                     0
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                               90,000
<ALLOWANCE-DOMESTIC>                            90,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
#### In the Matter of the Claim of The Commissioner of Taxation and Finance against Brookshire Construction Co., Inc., et al., Respondents. State Industrial Board, Appellant.

Argued September 28, 1937;

decided October 12, 1937.

*579
      *John J. Bennett, Jr., Attorney-General (Leon Freedman*of counsel), for appellant.

*William S. Sinclair*and *James J. Mahoney*for respondents.

Order affirmed, with costs against the State Industrial Board. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
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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.                  

###### Small Business Administration

# AGENCY:

Small Business Administration. 

# ACTION:

Notice of reporting requirements submitted for OMB review. 

# SUMMARY:

                        Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the                         **Federal Register**                         notifying the public that the agency has made such a submission.                     

# DATES:

Submit comments on or before June 22, 2000. If you intend to comment but cannot prepare comments promptly, please advise the OMB Reviewer and the Agency Clearance Officer before the deadline. 

# COPIES:

Request for clearance (OMB 83-1), supporting statement, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer. 

# ADDRESSES:

                        Address all comments concerning this notice to:                         *Agency Clearance Officer,*                         Jacqueline White, Small Business Administration, 409 3rd Street, S.W., 5th Floor, Washington, D.C. 20416; and OMB Reviewer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, D.C. 20503.                     

# FOR FURTHER INFORMATION CONTACT:

Jacqueline White, Agency Clearance Officer, (202) 205-7044. 

# SUPPLEMENTARY INFORMATION:

*Title:*                     Amendments to License Application.                 

*Form No.:*                     SBA Form-415C.                 

*Frequency:*                     On Occasion.                 

*Description of Respondents:*                     SBIC Investment Companies.                 

*Annual Responses:*                     1,200.                 

*Annual Burden:*                     300.                 

Jacqueline White, 

Chief, Administrative Information Branch. 

[FR Doc. 00-12925 Filed 5-22-00; 8:45 am] 

BILLING CODE 8025-01-U
§ 37.3 How does this part affect a recipient's other obligations? ( a ) A recipient's compliance with this part will satisfy any obligation of the recipient to comply with 29 CFR part 31, the Department of Labor's regulations implementing Title VI of the Civil Rights Act of 1964, as amended (Title VI), and with Subparts A, D and E of 29 CFR part 32, the Department's regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended (Section 504).
( b ) 29 CFR part 32, Subparts B and C and Appendix A, the Department's regulations which implement the requirements of Section 504 pertaining to employment practices and employment-related training, program accessibility, and reasonable accommodation, are hereby incorporated into this part by reference. Therefore, recipients must comply with the requirements set forth in those regulatory sections as well as the requirements listed in this part.
( c ) Recipients that are also public entities or public accommodations, as defined by Titles II and III of the Americans with Disabilities Act of 1990 (ADA), should be aware of obligations imposed by those titles.
( d ) Similarly, recipients that are also employers, employment agencies, or other entities covered by Title I of the ADA should be aware of obligations imposed by that title.
( e ) Compliance with this part does not affect, in any way, any additional obligation that a recipient may have to comply with the following laws and their implementing regulations: ( 1 ) Executive Order 11246, as amended;
( 2 ) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 793 and 794);
( 3 ) The affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212);
( 4 ) The Equal Pay Act of 1963, as amended (29 U.S.C. 206d);
( 5 ) Titles VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d *et seq.* and 2000e *et seq.*);
( 6 ) The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101);
( 7 ) The Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. 621);
( 8 ) Title IX of the Education Amendments of 1972, as amended (Title IX) (20 U.S.C. 1681);
( 9 ) The Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 *et seq.*); and
( 10 ) The anti-discrimination provision of the Immigration and Nationality Act, as amended (8 U.S.C. 1324b).
( f ) This rule does not preempt consistent State and local requirements.
#### § 32.7 Designation of responsible employee.

A recipient, other than a small recipient shall designate at least one person to coordinate its efforts to comply with this part.