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

OF TEXAS

NO. WR-13,444-17

EX PARTE DARIUS DURON ELAM, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 380350-I IN THE 232 DISTRICT COURT ND

FROM HARRIS COUNTY

Per curiam. Keel, J. not participating.

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 aggravated

robbery and sentenced to life imprisonment. The Fourteenth Court of Appeals affirmed his

conviction. Elam v. State, No. 14-84-00394-CR (Tex. App.—Houston [14 ] June 12, 1986). th

Applicant contends, among other things, that newly available DNA evidence proves he is

actually innocent. He also alleges that the DNA evidence entitles him to relief under Texas Code

of Criminal Procedure §11.073. 

Applicant has alleged facts that, if true, might entitle him to relief. In these circumstances,
2

additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim.

App. 1960), the trial court is the appropriate forum for findings of fact. The trial court may use any

means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d).

The trial court may order depositions, interrogatories or a hearing. It appears that Applicant

is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant

is represented by counsel, and if not, whether Applicant is indigent. If Applicant is indigent and

wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant

at the hearing. TEX. CODE CRIM. PROC. art. 26.04.

The trial court shall make findings of fact and conclusions of law regarding whether new

DNA lab reports support his contention that he is entitled to relief. The trial court shall also make

any other findings of fact and conclusions of law that it deems relevant and appropriate to the

disposition of Applicant’s claim for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time must

be requested by the trial court and shall be obtained from this Court.

Filed: April 3, 2019

Do not publish
§ 3041.510 Renewals of competitive negotiated service agreements. ( a ) A renewal of a negotiated service agreement is deemed a new negotiated service agreement.
( b ) A renewal of a competitive negotiated service agreement will be added to the competitive product list pursuant to the applicable rules for adding a new negotiated service agreement to the competitive product list.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

ROBERT SHELTON BLALOCK, )

DOC #U16481, )

)

Appellant, )

)

v. ) Case No. 2D17-2447

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed June 15, 2018.

Appeal from the Circuit Court for Pinellas 

County; Joseph A. Bulone, Judge.

Robert Shelton Blalock, DOC #U16481, 

pro se Appellant.

Pamela Jo Bondi, Attorney General, 

Tallahassee, and Cornelius C. Demps, 

Assistant Attorney General, Tampa, for

Appellee.

PER CURIAM.

Affirmed.

LaROSE, C.J., and BADALAMENTI and ROTHSTEIN-YOUAKIM, JJ, Concur.
/**
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 *
 * Before using the debounce function wrapper, consider first whether the
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 *
 * @param {function} func
 *   The function to be invoked.
 * @param {number} wait
 *   The time period within which the callback function should only be
 *   invoked once. For example if the wait period is 250ms, then the callback
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 *   The debounced function.
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    return result;
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EXHIBIT 

31.1 

 

CERTIFICATIONS 

 

I, George Lefevre, certify that: 

 

1. I have reviewed this quarterly report on Form 10-QSB of MotivNation Inc. (the "Company") for the quarterly period ended June 30, 2005.

 

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 circumstances under which such statements were made, not misleading with respect to the period covered by the quarterly report; and 

 

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

 

4. The registrant’s other certifying officer(s) and I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the Company 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 Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which the quarterly report is being prepared; 

 

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

 

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

 

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

 

a) all significant deficiencies in the design or operation of internal controls which could adversely affect the Company's ability to record, process, summarize and report financial data and have identified for the Company's auditors any material weaknesses in internal controls; and 

 

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

 

 

 

| Dated:  September 2, 2005 | By:/s/			George Lefevre               			

     George Lefevre CEO |
|--------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 31.1

CERTIFICATION PURSUANT TO

SECTION 302 OF THE

SARBANES-OXLEY ACT OF 2002

I, David P. Storey, Chief Executive Officer of RELM Wireless Corporation, certify that:

1.

I have reviewed this quarterly report on Form 10-Q of RELM Wireless Corporation;

2.

Based on my knowledge, this 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 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 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)

isclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) 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 the registrant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 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 control over financial reporting.

Date:  May 2, 2006

| |                                      
| | -------------------------------------
| | /s/ DAVIDP. STOREY                   
| | David P. Storey                      
| | President and Chief Executive Officer
#### § 337.3 Transfer of the section 404 program to the states.

Section 404(g-1) of the CWA allows the Administrator of the EPA to transfer to qualified states administration of the section 404 permit program for discharges into certain waters of the U.S. Once a state's 404 program is approved, the district engineer will follow state procedures developed in accordance with section 404(g-1) of the CWA for all on-going Corps projects involving the discharge of fill material in transferred waters to the state agency responsible for administering the program. Corps projects involving the discharge of dredged or fill material in waters not transferred to the state will be processed in accordance with this regulation.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### F LORIDA 

### S ECOND 

### D ISTRICT

CHANDL E R ALEXANDER a/k/a KELLIS JACKSON
,

Petitioner
,

v.

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
, Respondent

.

No. 2D 20 23

- 1079

May 29, 2024

Petition for Writ of Certiorari to the Circuit Court for the Thirteenth Judicial Circuit for Hillsborough County; sitting in its appellate capacity.

Chandler Alexander a/k/a Kellis Jackson , pro se.

Kathy A. Jimenez

- Morales
, Chief Counsel , Driver License s, Office of General Counsel
, Department of Highway Safety and Motor Vehicles
, Tallahassee
, for Respondent

.

PER CURIAM

.

Dismissed.

NORTHCUTT, VILLANTI, and ROTHSTEIN

- YOUAKIM, JJ., Concur.

Opinion subject to revision prior to official publication.
#### HENRY H. MORANGE, Appellant, v. ALBERT B. WALDRON, Impleaded, Respondent.

*Order of arrest*— *Oode,*§ 179.

The complaint in this action alleged that the defendants were auctioneers, and as such “ sold and delivered, for the account of the plaintiff, divers pieces of furniture; ” that they “ received for the account and benefit of the plaintiff, in their *530capacity of auctioneers, the sum of $271.78, and that there remains due and owing from the defendants to the plaintiff the sum of $210.67, with the interest from 26th April, 1872, and which said sum hath been often demanded but refused.” Judgment having been entered by default, an execution against the person was issued, no order of arrest having been made in the action. *Held,*that the execution was properly set aside; that it did not appear from the complaint that it was the .duty of the defendant to pay over the identical money received, but simply that he had received a certain sum of money, on account, of the plaintiff, which he could pay with any funds, subject to his use and control.

To render a person liable to arrest, under subdivision 2 of section 179 relating to money received in a fiduciary capacity, the identical money received must be the property of the creditor. *(State*v. *Kmg,*8 How., 298; *Republic of Mexico*v. *Arungois,*5 Duer, 634; *BuqwiclY. Kckoa/rds,*50 Barb., 288; *Wood*v. *Henry,*40 N. Y., 124; *Lewis*v. *Passer,*58 id., 260; 1 Wait’s Prac., 612-622.)

Appeal from an order made at the Special Term setting aside an execution against the person, and discharging the defendant from custody.

*Henry H.*Morcmge, appellant, in person. *John D. Shedloclc,*for the respondent.

Opinion by

Daniels, J.

Davis, P. J., and Brady, J., concurred.

Order modified by requiring defendant to stipulate not to bring an action for false imprisonment; and as so modified affirmed, with ten dollars costs and disbursements.
Exhibit 10.2


 


	 	Bill Griffiths


Chairman, President &


Chief Executive Officer







 


1800 West Loop South


Suite 1500


Houston, Texas 77027


Main: 713-961-4600


 


CONFIDENTIAL


 


 


November 1, 2019


 


Mark Livingston


6702 Woodbend Park N


Houston TX 77055


 


Dear Mark,


 


I am pleased to offer you the position
of Vice President – Chief Accounting Officer & Controller for Quanex Building Products Corporation (the “Company”),
reporting directly to the Chief Financial Officer, effective on November 1, 2019 (“Effective Date”). Responsibilities
of this position will be consistent with what was discussed with you during our meeting.


 


Your total compensation will include the
following:


 


		1.	Base Salary. Your base salary will be $9,230.76 paid bi-weekly (annualized at $240,000).



 


		2.	Annual Incentive Award (AIA). The AIA target for your position will be 50% of your base
salary and a maximum of 100%.



 


		3.	Long Term Incentive Award (LTI). You will also be eligible to continue to receive a Long
Term Incentive Award in December 2019 based upon approval of the Compensation and Management Development Committee. The LTI target
value for your position will be $160,000. The LTI award is comprised of grants from the Omnibus Incentive Plan that typically include
a mix of restricted stock, Performance Restricted Stock and Performance Shares.



 


		4.	Stock ownership. You will have 3 years from your date of promotion to accumulate 100% of
your base salary in Quanex shares.



 


		5.	Benefits. You will be entitled to the level of company health and welfare benefits that
you currently participate in today.



 


		6.	Principal Office. The Quanex Building Products Corporation corporate headquarters, located
at 1800 West Loop South, Suite 1500 Houston, Texas 77027 will be your principal office.



 


Your entitlement to any of the benefits
outlined herein is contingent on your continued employment at the time. Your employment may be terminated by either you or the
Company at any time. This agreement is governed by the laws of the State of Texas.


 






     


     


    

 


Mark, I believe that you will help provide
the leadership we need to meet the long-term needs of our team to deliver the results our owners deserve. I look forward to working
with you in your new role.


 


	Sincerely,	 	 
	 	 	 
	 	 	 
	/s/ Bill
    Griffiths	 	 
	Bill Griffiths	 	 
	Chairman, President & Chief Executive
    Officer	 	 




 


 


	ACCEPTANCE OF OFFER	 	 
	 	 	 
	 	 	 
	/s/
    Mark Livingston	 	November 1, 2019
	Mark Livingston	 	Date
Opinion issued December 10, 2020

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-20-00019-CV

———————————

BARBARA VAN CAMP DANIELS, Appellant

V.

PASADENA INTERFAITH HOUSING FOUNDATION, INC., Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Case No. 1134548

MEMORANDUM OPINION

Appellant, Barbara Van Camp Daniels, has failed to timely file a brief. See

TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of 

appellant to file brief). On July 3, 2020, we issued a notice to appellant that the 

appeal was subject to dismissal for failing to file a brief. Appellant neither responded 
2

to our notice, nor has a brief been filed. See TEX. R. APP. P. 42.3(b) (allowing 

involuntary dismissal of case).

We dismiss the appeal for want of prosecution for failure to timely file a brief. 

We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Kelly and Hightower.
§ 3013.2 Terms defined for purposes of this part. ( a ) *Administrative law judge* means an administrative law judge appointed by the Commission under 5 U.S.C. 3105.
( b ) *Chairman* means the Chairman of the Commission.
( c ) *Covered person* means an officer, employee, agent, or contractor of the Postal Service.
( d ) *Designated Commissioner* means any Commissioner who has been designated by the Chairman to act under this part.
|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|             | RELM      Wireless Corporation |                                       |
|------------------|--------------------------------|--------------------------------------------|
|             |                           |                                       |   |
| May      5, 2010 |                           | /s/      David P. Storey                   |   |
|             |                           | David      P. Storey                       |   |
|             |                           | President      and Chief Executive Officer |   |
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              																	United States. Bureau of Labor Statistics					 and 	Weinberg, Nathan. 						*Worker's Experiences During First Phase of Reconversion : Bulletin of the United States Bureau of Labor Statistics, No. 876*,												Washington, D.C: 								U.S. Govt. Print. Off., 										1946,									https://fraser.stlouisfed.org/title/4333,			accessed on September 19, 2024.						    

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