alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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On respondent’s motion for reconsideration filed January 26,

reconsideration allowed; opinion (132 Or App 478, 888 P2d 1087) modified and adhered to as modified March 22, 1995

#### STATE OF OREGON, *Appellant, v.*WILLARD CLETE CONNER, *Respondent.*

(9311-2280C; CA A83139)

891 P2d 1384

Eric M. Cumfer, Deputy Public Defender, for motion.

Before Richardson, Chief Judge, and De Muniz and Leeson, Judges.

PER CURIAM

*595PER CURIAM

Pursuant to ORAP 6.25, defendant moves for reconsideration of our opinion, *State v. Conner,*132 Or App 478, 888 P2d 1087 (1995), in which we held that the state need not establish the scientific reliability of Horizontal Gaze Nystagmus (HGN) test evidence at trial.

Defendant points out that we failed to address his argument that, even if the results of the HGN test are admissible, the trial court correctly excluded Officer Maddox’s testimony in which he gave an opinion about defendant’s blood alcohol level based on the HGN test. Defendant asserts that Maddox was not qualified to express an expert opinion about defendant’s probable blood level based on the roadside HGN test. *See State v. Jacobs,*109 Or App 444, 819 P2d 766 (1991). At oral argument, the state conceded that the trial court did not err in excluding that evidence on that basis. Accordingly, we allow defendant’s motion and affirm the exclusion of Maddox’s testimony concerning defendant’s blood alcohol level.

Reconsideration allowed; opinion modified and adhered to as modified.
Case 1:22-cv-23046-JEM   Document 33   Entered on FLSD Docket 08/30/2023   Page 1 of 2

Case 1:22-cv-23046-JEM   Document 33   Entered on FLSD Docket 08/30/2023   Page 2 of 2
Presidential Documents

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Presidential Documents 36311

Presidential Determination No. 2000–22 of June 2, 2000

Determination Under Subsection 402(d)(1) of the Trade Act

of 1974, as Amended: Continuation of Waiver Authority for

Belarus

Memorandum for the Secretary of State

Pursuant to the authority vested in me under the Trade Act of 1974,

as amended, Public Law 93–618, 88 Stat. 1978 (the ‘‘Act’’), I have determined,

pursuant to subsection 402(d)(1) of the Act, 19 U.S.C. 2432(d)(1), that the

further extension of the waiver authority granted by subsection 402(c) of

the Act will substantially promote the objectives of section 402 of the

Act. I further determine that continuation of the waiver applicable to the

Republic of Belarus will substantially promote the objectives of section

402 of the Act.

You are authorized and directed to publish this determination in the

Federal Register

THE WHITE HOUSE,

Washington, June 2, 2000.

.

œ–

[FR Doc. 00–14621

Filed 6–7–00; 8:45 am]

Billing code 4710–10–M
Exhibit 32.1



CERTIFICATION



I, Bruce Benn, Principal Executive Officer of Validian Corporation (the Company), in compliance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 hereby certify, to the best of my knowledge, in connection with the Annual Report on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission (the Report) on the date hereof, that:



The Report fully complies with the requirements of Section 13(a) or 15(d), of the Securities Exchange Act of 1934; and



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







Date:  April 15, 2011







/s/Bruce Benn

Bruce Benn

President and Chief Executive Officer
#### In the Matter of the Petition of THE NEW YORK BRIDGE COMPANY, TO ACQUIRE REAL ESTATE.

*Section*15 *of chap.*140, *Laws of*1850 — *Upon whom burden of proof rests in appplications undm'*— *chap.*601, *Lams of*1874.

Where an application is made to take real estate under the general railroad°act (chap. 140, Laws 1850) the burden of proving, by legal evidence, that the facts alleged in the petition are not true, is, by section 15 of the said act, cast upon the owner of the land, and an affidavit or answer is not sufficient for that purpose.

*636
      *Buffalo and State Line R. R. Co.*v. *Reynolds*(6 How., 96) followed.

Section 26 of said act, providing that when the title is vested in any trustee not authorized to sell, or in any infant, idiot or person of unsound mind, the Supreme Court shall have authority to direct the sale of the land, is for the benefit of the trustee and infant or idiot owner, and is not compulsory upon the railroad company.

By chapter 601 of the Laws of -1874, the forfeiture of the charter of the New York Bridge Company, occasioned by its failure to complete the bridge within the time limited by law, was unconditionally waived.

*People*v. *The President, etc., of the Manhattan Co.*(9 Wend., 380, 381) followed.

Appeal from an order appointing commissioners to determine the compensation to be made by the Hew York Bridge Company for certain lands proposed to be taken by it.

*Wm. F. Shepard,*for the appellant.

*Edgar McCullen,*for the respondent.

Opinion by

Brady, J.

Davis, P. J., and Daniels, J., concurred.

Order affirmed.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5060 Introduced in House (IH)]

106th CONGRESS
  2d Session
                                H. R. 5060

 To amend title 49, United States Code, to waive federal preemption of 
State law providing for the awarding of punitive damages against motor 
  carriers for engaging in unfair or deceptive trade practices in the 
  processing of claims relating to loss, damage, injury, or delay in 
   connection with transportation of property in interstate commerce.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

 Ms. Lofgren introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To amend title 49, United States Code, to waive federal preemption of 
State law providing for the awarding of punitive damages against motor 
  carriers for engaging in unfair or deceptive trade practices in the 
  processing of claims relating to loss, damage, injury, or delay in 
   connection with transportation of property in interstate commerce.

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

SECTION 1. STATE COURT AWARDS OF PUNITIVE DAMAGES FOR UNFAIR OR 
              DECEPTIVE PRACTICES OF MOTOR CARRIERS IN CONNECTION WITH 
              CLAIMS FOR LOSS, DAMAGE, INJURY, OR DELAY OF TRANSPORTED 
              PROPERTY.

    (a) Punitive Damages Authorized.--Section 14706 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(h) Punitive Damages for Unfair or Deceptive Practices.--Nothing 
in this section limits the liability of a carrier for punitive damages 
authorized under applicable State law for any act or omission of the 
carrier in connection with the investigation, settlement, adjudication, 
or other aspect of the processing of a claim under this section that 
constitutes an unfair or deceptive trade practice under such State 
law.''.
    (e) Retroactive Effective Date and Applicability.--Subsection (h) 
of section 14706 of title 49, United States Code (as added by 
subsection (a)), shall take effect as of January 1, 1990, and shall 
apply with respect to receipts and bills of lading referred to in 
subsection (a)(1) of such section that are issued on or after that 
date.
                                 <all>
```
§ 8.1 Functions of the Coast Guard Reserve. ( a ) The Coast Guard Reserve is a component of the Coast Guard. The Coast Guard Reserve trains personnel for mobilization and for augmentation of the regular Coast Guard.
( b ) Members of the Coast Guard Reserve can be used for: 1. Partial or full mobilization under 10 U.S.C. 12301; ( 2 ) Voluntary or involuntary call-up for emergency augmentation of the regular Coast Guard during time of serious natural or man-made disaster under 14 U.S.C. 3713; and
( 3 ) Augmentation of the regular Coast Guard during active duty or inactive duty for training.
( c ) A member of the Reserve on active duty or inactive duty training has the same authority, rights, and privileges in the performance of that duty as a member of the regular Coast Guard of corresponding grade or rating.
[CGD 79-105, 48 FR 36449, Aug. 11, 1983, as amended by CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2020-0304, 85 FR 58276, Sept. 18, 2020]
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

###### National Institutes of Health

Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the National Cancer Institute Board of Scientific Advisors.

                    The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation of other reasonable accommodations, should                           ( print page 36836)                        notify the Contact Person listed below in advance of the meeting.                

*Name of Committee:*                         National Cancer Institute Board of Scientific Advisors.                    

*Date:*                         June 22, 2000.                    

*Time:*                         8:30 AM to 6:00 PM.                    

*Agenda:*                         Report of the Director, NCI; Ongoing and New Business, Special Initiative Updates, Budget Presentation, and RFA Concept Reviews.                    

*Place:*                         900 Rockville, Pike, Building 31, Conference Room 10, Bethesda, MD 20892.                    

*Contact Person:*                         Paulette S. Gray, PhD, Executive Secretary, Division of Extramural Activities, National Cancer Institute, National Institutes of Health, 6116 Executive Boulevard, Rm. 8141, Bethesda, MD 20892.                    

This notice is being published less than 15 days prior to the meeting due to scheduling changes.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)

Dated: June 2, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 00-14747  Filed 6-9-00; 8:45 am]

BILLING CODE 4140-01-M
135 San Lorenzo Avenue, Suite 770, Coral Gables, Florida 33146

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

EXHIBIT

“B”

EXHIBIT “B”

Case 1:22-cv-23074-BB Document 127-2 Entered on FLSD Docket 04/21/2023 Page 1 of 5
#### § 66.01-12 May I continue to use the private aid to navigation I am currently using?

If, after March 8, 2004, you modify, replace, or install any light that requires a new application as described in § 66.01-5, you must comply with the rules in this part.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-85,986-01

EX PARTE JOHN DAVID WAGUESPACK, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2012-46-C1A IN THE 19TH DISTRICT COURT

FROM MCLENNAN COUNTY

Per curiam.

O R D E R

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 a writ of habeas corpus. Ex parte

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

and sentenced to imprisonment for life. The Tenth Court of Appeals affirmed his conviction. 

Waguespack v. State, No. 10-13-00416-CR (Tex. App.—Waco June 18, 2015)(not designated for

publication).

Applicant contends, among other things, that his trial counsel rendered ineffective assistance

because counsel failed to object to the testimony from psychologist, Dr. William Lee Carter, who

described the characteristics of a person who commits sexual assault and the characteristics of a
2

person who becomes a victim of sexual assault. 

On May 16, 2017, the trial court signed findings of fact and conclusions of law and

recommended denying relief. This Court denies relief, but declines to adopt the trial court’s findings

of fact and conclusions of law numbers seven, eight, and nine as they state that Dr. Carter’s expert

testimony was not character evidence and was not objectionable. These findings are not supported

by any legal authority from this Court. This Court does not adopt findings number seven, eight, and

nine, but based on the trial court’s other findings of fact and conclusions of law, we deny relief.

Filed: January 24, 2018

Do not publish
Exhibit 32(e)

                                  CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report on Form 10-Q of Mississippi
Power Company for the quarter ended June 30, 2003, we, the undersigned, hereby
certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best
of our knowledge and belief, that:

     (1)  such Quarterly Report on Form 10-Q of Mississippi Power Company for
          the quarter ended June 30, 2003, which this statement accompanies,
          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 Quarterly Report on Form 10-Q of
          Mississippi Power Company for the quarter ended June 30, 2003, fairly
          presents, in all material respects, the financial condition and
          results of operations of Mississippi Power Company.

                                             /s/Michael D. Garrett
                                              Michael D. Garrett
                                     President and Chief Executive Officer

                                            /s/Michael W. Southern
                                              Michael W. Southern
                                         Vice President, Treasurer and
                                            Chief Financial Officer

Date:  August 13, 2003
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket No. ER00-2555-000]

Take notice that on May 22, 2000, Kansas City Power & Light Company (KCPL), tendered for filing Service Agreements dated May 2, 2000, between KCPL and British Columbia Power Exchange Corporation (Powerex).

KCPL proposes an effective date of May 3, 2000 and requests a waiver of the Commission's notice requirement to allow the requested effective date. This Agreements provide for the rates and charges for Non-Firm and Short-term Firm Transmission Service.

In its filing, KCPL states that the rates included in the above-mentioned Service Agreement are KCPL's rates and charges in the compliance filing to FERC Order 888-A in Docket No. OA97-636-000.

Any person desiring to be heard or to protest such filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). All such motions and protests should be filed on or before June 12, 2000. Protests will be considered by the Commission to determine the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the Internet at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance).

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00-14134  Filed 6-5-00; 8:45 am]

BILLING CODE 6717-01-M
#### § 6.18-1 Violations.

Section 2, Title II of the act of June 15, 1917, as amended, 46 U.S.C. 70052, provides as follows:

If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this title, or obstructs or interferes with the exercise of any power conferred by this title, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.

(a) If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this title, or knowingly obstructs or interferes with the exercise of any power conferred by this title, he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000.

[E.O. 10173, 15 FR 7012, Oct. 20, 1950, as amended by USCG-2020-0304, 85 FR 58276, Sept. 18, 2020]
#### JAMES H. MILLIMAN, Respondent, v. THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY, Appellant.

Negligence.

This action was brought to recover for injuries sustained by the plaintiff in leaving the cars of the defendant. The plaintiff claimed that after the train had stopped and he had reached the door of the car and was about to leave the same, the train was backed by a sudden jerk and with great force, without warning to him, and that he was thereby thrown out and injured.

Upon the trial the court charged that if, after the train had been stopped to enable passengers to alight, it was suddenly and without warning moved and the plaintiff thrown out and injured, the defendant was liable ; that it made no difference whether it was a motion backward or forward which occasioned the injury. *Held,*that the charge was correct.

Appeal from an order denying a motion for a new trial.

*E. G. Lapham,*for the appellant.

*J. H.*Camp, for the respondent.

Opinion by

Smith, J.

Present — Mullin, P. J., Smith and Morgan, JJ.

Order affirmed.