alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,357

EX PARTE DERRICK COLLINS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 31423CR IN THE 40 DISTRICT COURT TH

FROM ELLIS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a

controlled substance with intent to deliver and sentenced to eight years’ imprisonment. He did not

appeal his conviction.

Applicant contends that his trial counsel rendered ineffective assistance because she did not

take the appropriate steps to ensure that the trial court considered shock probation while it had

jurisdiction to do so. As part of an agreement with the State, Applicant pleaded true to the State’s
2

motion to revoke his communitysupervision in exchange for, inter alia, the State’s recommendation

that he be considered for shock probation. On the same day, he pleaded true to a motion to adjudicate

in Ellis County Case No. 31659CR and entered into an identical agreement with the State for that

case. Counsel filed a timely motion for shock probation in Case No. 31659CR and the trial court

issued a “Judgment for Shock Probation: Placing Defendant on Community Supervision.” However,

in the instant case, no such motion was made and no such judgment was signed, foreclosing

applicant’s release to community supervision in the Case No. 31659CR. 

Trial counsel filed an affidavit responding to applicant’s ineffective assistance of counsel

allegation. According to counsel, the failure to file the appropriate motion to bring this case to the

trial court’s attention was due to an “accident or mistake.” The trial court found that counsel filed

a motion for imposition of shock probation in Case No. 31659CR, but did not do so in the instant

case due to “accident and mistake.” The trial court made no conclusions of law or recommendations.

After a review of the habeas record, this Court has determined that trial counsel was

ineffective in that counsel did not move for consideration ofshock probation in a timely fashion and

that such ineffective representation prejudiced applicant. We find, therefore, that applicant is

entitled relief. 

Relief is granted. The trial court’s May 21, 2008 judgment revoking community supervision

in Case No. 31423CR in the 40th Judicial District Court of Ellis County is set aside, and applicant

is remanded to the custody of the sheriff of Ellis County to answer the State’s motion to revoke

community supervision. 

Copies of this opinion shall be sent to the Texas Department of Criminal JusticeCorrectional Institutions Division and Pardons and Paroles Division.
3

Delivered: May 26, 2010

Do Not Publish
#### § 458.87 Proposed findings and conclusions.

Within fifteen (15) days following the close of the hearing, the parties may submit proposed findings and conclusions to the Administrative Law Judge, together with supporting reasons therefor, which shall become part of the record.
EXHIBIT 32



The following statement is being furnished to the Securities and Exchange Commission solely for purposes of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350),
which carries with it certain criminal penalties in the event of a knowing or willful misrepresentation.



Securities and Exchange Commission

450 Fifth Street, NW

Washington, DC 20549



RE: Lee Enterprises, Incorporated



Ladies and Gentlemen:



In accordance with the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), each of the undersigned hereby certifies that to our knowledge:



|(i) | this annual report on Form 10-K for the period ended September 28, 2008 (Annual Report), fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m or 78o(d)); and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(ii) | the information contained in this Annual Report fairly presents, in all material respects, the financial condition and results of operations of Lee Enterprises, Incorporated for the periods
presented in the Annual Report.
|---- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Dated as of this 31stday of December 2008.

|                                                |  |  |  |                                                      
|----------------------------------------------- |  |  |  | -----------------------------------------------------
|                                                |  | 
|/s/ Mary E. Junck                               |  |  |  | /s/ Carl G. Schmidt                                  
|Mary E. Junck                                   |  |  |  | Carl G. Schmidt                                      
|Chairman, President and Chief Executive Officer |  |  |  | Vice President, Chief Financial Officer and
Treasurer



A signed original of this written statement
required by Section 906 has been provided to Lee Enterprises, Incorporated and will be retained by Lee Enterprises, Incorporated and furnished to the Securities and Exchange Commission upon request.
§ 2570.132 Service: Copies of documents and pleadings. For 502(c)(7) penalty proceedings, this section shall apply in lieu of § 18.3 of this title. ( a ) *General.* Copies of all documents shall be served on all parties of record. All documents should clearly designate the docket number, if any, and short title of all matters. All documents to be filed shall be delivered or mailed to the Chief Docket Clerk, Office of Administrative Law Judges, 800 K Street, NW., Suite 400, Washington, DC 20001-8002, or to the OALJ Regional Office to which the proceeding may have been transferred for hearing. Each document filed shall be clear and legible.
( b ) *By parties.* All motions, petitions, pleadings, briefs, or other documents shall be filed with the Office of Administrative Law Judges with a copy, including any attachments, to all other parties of record. When a party is represented by an attorney, service shall be made upon the attorney. Service of any document upon any party may be made by personal delivery or by mailing a copy to the last known address. The Department shall be served by delivery to the Associate Solicitor, Plan Benefits Security Division, ERISA section 502(c)(7) Proceeding, P.O. Box 1914, Washington, DC 20013. The person serving the document shall certify to the manner and date of service.
( c ) *By the Office of Administrative Law Judges.* Service of orders, decisions and all other documents shall be made by regular mail to the last known address.
( d ) *Form of pleadings.* ( 1 ) Every pleading shall contain information indicating the name of the Employee Benefits Security Administration (EBSA) as the agency under which the proceeding is instituted, the title of the proceeding, the docket number (if any) assigned by the Office of Administrative Law Judges and a designation of the type of pleading or paper (e.g., notice, motion to dismiss, etc.). The pleading or paper shall be signed and shall contain the address and telephone number of the party or person representing the party. Although there are no formal specifications for documents, they should be typewritten when possible on standard size 81 ⁄ 2 × 11 inch paper.
( 2 ) Illegible documents, whether handwritten, typewritten, photocopied, or otherwise, will not be accepted. Papers may be reproduced by any duplicating process provided all copies are clear and legible.
**EXHIBIT
      32.2**





**Certification
      Pursuant to 18 U.S.C. Section 1350**








I,
      Peter-Mark Vogel, Chief Financial Officer of Manas Petroleum Corporation (the
      "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      18 U.S.C. Section 1350, that:





(1) the
      Quarterly Report on Form 10-QSB of the Company for the quarter ended June 30,
      2007 (the "Report") fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934, as amended; and





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








Date:
      August 17, 2007





/s/
      Peter-Mark Vogel


Peter-Mark
      Vogel


Chief
      Financial Officer
§ 4221.5 Powers and duties of the arbitrator. ( a ) *Arbitration hearing.* Except as otherwise provided in this part, the arbitrator shall conduct the arbitration hearing under § 4221.6 in the same manner, and shall possess the same powers, as an arbitrator conducting a proceeding under title 9 of the United States Code. ( 1 ) *Application of the law.* In reaching his or her decision, the arbitrator shall follow applicable law, as embodied in statutes, regulations, court decisions, interpretations of the agencies charged with the enforcement of ERISA, and other pertinent authorities.
( 2 ) *Prehearing discovery.* The arbitrator may allow any party to conduct prehearing discovery by interrogatories, depositions, requests for the production of documents, or other means, upon a showing that the discovery sought is likely to lead to the production of relevant evidence and will not be disproportionately burdensome to the other parties. The arbitrator may impose appropriate sanctions if he or she determines that a party has failed to respond to discovery in good faith or has conducted discovery proceedings in bad faith or for the purpose of harassment. The arbitrator may, at the request of any party or on his or her own motion, require parties to give advance notice of expert or other witnesses that they intend to introduce.
( 3 ) *Admissibility of evidence.* The arbitrator determines the relevance and materiality of the evidence offered during the course of the hearing and is the judge of the admissibility of evidence offered. Conformity to legal rules of evidence is not necessary. To the extent reasonably practicable, all evidence shall be taken in the presence of the arbitrator and the parties. The arbitrator may, however, consider affidavits, transcripts of depositions, and similar documents.
( 4 ) *Production of documents or other evidence.* The arbitrator may subpoena witnesses or documents upon his or her own initiative or upon request by any party after determining that the evidence is likely to be relevant to the dispute.
( b ) *Prehearing conference.* If it appears that a prehearing conference will expedite the proceedings, the arbitrator may, at any time before the commencement of the arbitration hearing under § 4221.6, direct the parties to appear at a conference to consider settlement of the case, clarification of issues and stipulation of facts not in dispute, admission of documents to avoid unnecessary proof, limitations on the number of expert or other witnesses, and any other matters that could expedite the disposition of the proceedings.
( c ) *Proceeding without hearing.* The arbitrator may render an award without a hearing if the parties agree and file with the arbitrator such evidence as the arbitrator deems necessary to enable him or her to render an award under § 4221.8.
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Home                 > Browse by Title > Women Workers in Paraguay

              																	United States. Women's Bureau					 and 	Cannon, Mary M. (Mary Minerva). 						*Women Workers in Paraguay : Women's Bureau Bulletin, No. 210*,												Washington: 								Govt. Print. Off., 										[1946],									https://fraser.stlouisfed.org/title/5481,			accessed on September 25, 2024.						    

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**CERTIFICATIONS**

 

**Exhibit 31.1**

 

 

            I, Harry LeeWaterfield II, certify that:

 

1.         I have reviewed this annual report on Form 10-K of KentuckyInvestors, Inc.;

 

2.         Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this annualreport;

 

3.         Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this annual report;

 

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

 

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

 

(b) Evaluatedthe effectiveness of the registrant's disclosure controls and procedures andpresented in this annual report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisannual report based on such evaluation, and

 

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

 

5.         The registrant's other certifying officers and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant's auditors and the audit committee of theregistrant's board of directors:

 

(a) Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant's ability to record, process, summarize, andreport financial information; and

 

(b) Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant's internal control over financial reporting.

 

 

| Date: March 13, 2008
By: /s/ Harry Lee Waterfield II
 
Harry Lee Waterfield II
 
President
  |
|-------------------------------------------------------------------------------------------------------------|
**                Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF2002**

 

 

In connection with theQuarterly Report of Crdentia Corp. (the “Company”) on Form 10-QSB for theperiod ended June 30, 2005 as filed with the Securities and ExchangeCommission (the “Report”), I, James J. TerBeest, Chief Financial Officer of theCompany, hereby certify as of the date hereof, solely for the purposes of Title18, Chapter 63, Section 1350 of the United States Code, that to myknowledge:

 

1.                                       the Report fully complies with therequirements of Section 13(a) or 15(d), as applicable, of theSecurities Exchange Act of 1934; and

 

2.                                       theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company at the datesand for the periods indicated.

 

 

This Certification has not been, and shallnot be deemed, “filed” with the Securities and Exchange Commission.

 

 
| Date:  August 15, 2005 | By:                      |   /S/  James  J. TerBeest |   |
|-----------------------------|--------------------------|-----------------------------------------------|--------|
|                        | James J.  TerBeest       |
|                        | Chief  Financial Officer |

 

1

----
§ 5.33 Administrative expenses of a contractor or subcontractor. ( a ) *Creditable costs.* The costs incurred by a contractor's insurance carrier, third-party trust fund, or other third-party administrator that are directly related to the administration and delivery of bona fide fringe benefits to the contractor's laborers and mechanics can be credited towards the contractor's obligations under a Davis-Bacon wage determination. Thus, for example, a contractor may take credit for the premiums it pays to an insurance carrier or the contributions it makes to a third-party trust fund that both administers and delivers bona fide fringe benefits under a plan, where the insurance carrier or third-party trust fund uses those monies to pay for bona fide fringe benefits and for the administration and delivery of such benefits, including evaluating benefit claims, deciding whether they should be paid, approving referrals to specialists, and other reasonable costs of administering the plan. Similarly, a contractor may also take credit for monies paid to a third-party administrator to perform tasks that are directly related to the administration and delivery of bona fide fringe benefits, including under an unfunded plan.
( b ) *Noncreditable costs.* A contractor's own administrative expenses incurred in connection with the provision of fringe benefits are considered business expenses of the firm and are therefore not creditable towards the contractor's prevailing wage obligations, including when the contractor pays a third party to perform such tasks in whole or in part. For example, a contractor may not take credit for the costs of office employees who perform tasks such as filling out medical insurance claim forms for submission to an insurance carrier, paying and tracking invoices from insurance carriers or plan administrators, updating the contractor's personnel records when workers are hired or separate from employment, sending lists of new hires and separations to insurance carriers or plan administrators, or sending out tax documents to the contractor's workers, nor can the contractor take credit for the cost of paying a third-party entity to perform these tasks. Additionally, recordkeeping costs associated with ensuring the contractor's compliance with the Davis-Bacon fringe benefit requirements, such as the cost of tracking the amount of a contractor's fringe benefit contributions or making sure contributions cover the fringe benefit amount claimed, are considered a contractor's own administrative expenses and are not considered directly related to the administration and delivery of bona fide fringe benefits. Thus, such costs are not creditable whether the contractor performs those tasks itself or whether it pays a third party a fee to perform those tasks.
( c ) *Questions regarding administrative expenses.* Any questions regarding whether a particular cost or expense is creditable towards a contractor's prevailing wage obligations should be referred to the Administrator for resolution prior to any such credit being claimed.
[88 FR 57747, Aug. 23, 2023]
**Exhibit 32.2**

 

**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 Quarterly Report of Triad Hospitals, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2003 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Burke W. Whitman, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirements of section13(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/ Burke W. Whitman

Burke W. Whitman 

Chief Financial Officer 

August 12, 2003 

 

This certification shall not be deemed “filed” for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to liability pursuant to that section. This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, asamended, or the Securities Exchange Act of 1934, as amended, except to the extent that the Company specifically incorporates it by reference. A signed original of this written statement required by Section 906 has been provided to the Company andwill be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
§ 37.42 What are a recipient's responsibilities under this part to provide universal access to WIA Title I-financially assisted programs and activities? Recipients must take appropriate steps to ensure that they are providing universal access to their WIA Title I-financially assisted programs and activities. These steps should involve reasonable efforts to include members of both sexes, various racial and ethnic groups, individuals with disabilities, and individuals in differing age groups. Such efforts may include, but are not limited to: ( a ) Advertising the recipient's programs and/or activities in media, such as newspapers or radio programs, that specifically target various populations;
( b ) Sending notices about openings in the recipient's programs and/or activities to schools or community service groups that serve various populations; and
( c ) Consulting with appropriate community service groups about ways in which the recipient may improve its outreach and service to various populations.
[No. 20524-0-III.

Division Three.

November 21, 2002.]

#### *In the Matter of the Estate of*Robert Allen Willingham. Margaret Willingham, *Individually and as Personal Representative, Appellant,*v. Mid-Columbia Mental Health Center, *Respondent.*

Appeal from a judgment of the Superior Court for Benton County, No. 89-2-01390-5, Craig J. Matheson, J., entered September 26, 2001. *Reversed*by unpublished opinion per Kato, A.C.J., concurred in by Sweeney and Schultheis, JJ.