alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-21-00448-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

MIGUEL DIAZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 28th District Court

of Nueces County, Texas.

O R D E R

Before Justices Hinojosa, Tijerina, and Silva

Order Per Curiam

Appellant, Miguel Diaz, has filed a notice of appeal with this Court from his 

conviction in trial court cause number 21FC-0944A. The trial court’s certification of the 

defendant’s right to appeal shows that the defendant does not have the right to appeal. 

See TEX. R. APP. P. 25.2(a)(2). The Texas Rules of Appellate Procedure provide that an 

appeal must be dismissed if a certification showing that a defendant has a right of 
2

appeal is not made a part of the record. Id. R. 25.2(d); see id. R. 37.1, 44.3, 44.4. The 

purpose of the certification requirement is to efficiently sort appealable cases from nonappealable cases so that appealable cases can “move through the system unhindered 

while eliminating, at an early stage, the time and expense associated with nonappealable cases.” Greenwell v. Ct. of Apps. for the Thirteenth Jud. Dist., 159 S.W.3d 

645, 649 (Tex. Crim. App. 2005); see Hargesheimer v. State, 182 S.W.3d 906, 912 

(Tex. Crim. App. 2006).

Within thirty days of this notice, appellant’s lead appellate counsel, Sandra 

Eastwood, is hereby ORDERED to: 1) review the record; 2) determine whether 

appellant has a right to appeal; and 3) forward to this Court, by letter, counsel’s findings 

as to whether appellant has a right to appeal and/or advise this Court as to the 

existence of any amended certification.

If appellant’s counsel determines that appellant has a right to appeal, counsel is 

further ORDERED to file a motion with this Court within thirty days of this notice, 

identifying and explaining substantive reasons why appellant has a right to appeal. See 

TEX. R. APP. P. 44.3, 44.4; Dears v. State, 154 S.W.3d 610, 614–15 (Tex. Crim. App. 

2005); see also, e.g., Carroll v. State, 119 S.W.3d 838, 841 (Tex. App.—San Antonio 

2003, no pet.) (certification form provided in appendix to appellate rules may be 

modified to reflect that defendant has right of appeal under circumstances not 

addressed by the form). The motion must include an analysis of the applicable case 

law, and any factual allegations therein must be true and supported by the record. See 

Dears, 154 S.W.3d at 614–15; cf. Woods v. State, 108 S.W.3d 314, 316 (Tex. Crim. 

App. 2003) (construing former appellate rule 25.2(b)(3) and holding that recitations in 

the notice of appeal must be true and supported by the record). Copies of record 
3

documents necessary to evaluate the alleged error in the certification affecting 

appellant’s right to appeal shall be attached to the motion. See TEX. R. APP. P. 10.1,

10.2.

PER CURIAM

Do not publish. 

TEX. R. APP. P. 47.2(b).

Delivered and filed on the

16th day of December 2021.
No. 11-8318.

#### Clemente *v.*New York.

App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.
###### Editorial Note on Part 74

#### Editorial Note:

Nomenclature changes to part 74 appear at 64 FR 4055, Jan. 27, 1999.

#### § 74.600 Eligibility for license.

A license for a station in this subpart will be issued only to a television broadcast station, a Class A TV station, a television broadcast network-entity, a low power TV station, or a TV translator station.

[ 65 FR 30011, May 10, 2000]
No. 11-9449.

#### Garrett *v.*Runnels, Warden.

C. A. 9th Cir. Certiorari denied.
§ 73.295 FM subsidiary communications services. ( a ) Subsidiary communication services are those transmitted on a subcarrier within the FM baseband signal, but do not include services which enhance the main program broadcast service, or exclusively relate to station operations (see § 73.293). Subsidiary communications include, but are not limited to services such as functional music, specialized foreign language programs, radio reading services, utility load management, market and financial data and news, paging and calling, traffic control signal switching, bilingual television audio, and point to point or multipoint messages.
( b ) FM subsidiary communications services that are common carrier in nature are subject to common carrier regulation. Licensees operating such services are required to apply to the FCC for the appropriate authorization and to comply with all policies and rules applicable to the service. Responsibility for making the initial determinations of whether a particular activity is common carriage rests with the FM station licensee. Initial determinations by licensees are subject to FCC examination and may be reviewed at the FCC's discretion.
( c ) Subsidiary communications services are of a secondary nature under the authority of the FM station authorization, and the authority to provide such communications services may not be retained or transferred in any manner separate from the station's authorization. The grant or renewal of an FM station permit or license is not furthered or promoted by proposed or past services. The permittee or licensee must establish that the broadcast operation is in the public interest wholly apart from the subsidiary communications services provided.
( d ) The station identification, delayed recording and sponsor identification announcements required by §§ 73.1201, 73.1208, and 73.1212 are not applicable to material transmitted under an SCA.
( e ) The licensee or permittee must retain control over all material transmitted in a broadcast mode via the station's facilities, with the right to reject any material that it deems inappropriate or undesirable.
[48 FR 28454, June 22, 1983, as amended at 48 FR 44805, Sept. 30, 1983; 49 FR 33663, Aug. 15, 1984; 50 FR 32416, Aug. 12, 1985; 57 FR 48333, Oct. 23, 1992]
`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4595 Enrolled Bill (ENR)]

        H.R.4595

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To designate the building located at 4021 Laclede in St. Louis, 
Missouri, for the period of time during which it houses operations of 
the United States Postal Service, as the ``Marian Oldham Post Office''.

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

SECTION 1. DESIGNATION.

    The building located at 4021 Laclede in St. Louis, Missouri, shall, 
for the period of time during which it houses operations of the United 
States Postal Service, be known and designated as the ``Marian Oldham 
Post Office''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the building referred to in section 1 
shall, with respect to the period referred to in section 1, be deemed 
to be a reference to the Marian Oldham Post Office.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`
Certification
      of Chief Executive Officer of


Commercial
      National Financial Corporation


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 annual report on Form 10-K of Commercial National Financial
      Corporation (the “Corporation”) for the period ending December 31, 2005 (the
“Report”), I, Thomas Watters, Chief Financial Officer of the Corporation
      certify, pursuant to 18 U.S.C. Section 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 Commercial
                National Financial Corporation.








/s/
                Thomas WattersThomas
                WattersChief
                Financial OfficerMarch
                29, 2006








A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Commercial National Financial Corporation and will be retained by Commercial
      National Financial Corporation and furnished to the Securities and Exchange
      Commission or its staff upon request.
<PAGE>

                                                                    Exhibit 99.1

     Certifications of the Chief Executive Officer and Chief Financial Officer
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

     Certification of Chief Executive Officer

     Pursuant to 18 U.S.C. (Section) 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of US SEARCH.COM Inc., a
Delaware corporation (the "Company") hereby certifies, to such officer's
knowledge, that:

     (i)the amended Quarterly Report on Form 10-Q/A of the Company for the
quarterly period ended September 30, 2002 (the "Report") fully complies with the
requirements of Section 13(a) or Section 15(d), as applicable, of the Securities
Exchange Act of 1934, as amended; and

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


Dated: May 23, 2003
/s/Brent N. Cohen



Brent N. Cohen

Chief Executive Officer

     The foregoing certification is being furnished solely to accompany the
Report pursuant to 18 U.S.C. (Section) 1350, and is not being filed for purposes
of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to
be incorporated by reference into any filing of the Company, whether made before
or after the date hereof, regardless of any general incorporation language in
such filing.

<PAGE>
Certification of Chief Financial Officer

     Pursuant to 18 U.S.C. (Section) 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of US SEARCH.COM Inc., a
Delaware corporation (the "Company") hereby certifies, to such officer's
knowledge, that:

     (i)the amended Quarterly Report on Form 10-Q/A of the Company for the
quarterly period ended September 30, 2002 (the "Report") fully complies with the
requirements of Section 13(a) or Section 15(d), as applicable, of the Securities
Exchange Act of 1934, as amended; and

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

Dated: May 23, 2003
/s/Jeffrey R. Watts



Jeffrey R. Watts

Chief Financial Officer

     The foregoing certification is being furnished solely to accompany the
Report pursuant to 18 U.S.C. (Section) 1350, and is not being filed for purposes
of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to
be incorporated by reference into any filing of the Company, whether made before
or after the date hereof, regardless of any general incorporation language in
such filing.
Rockingham

No. 81-199

#### The State of New Hampshire v. Dennis Brady

February 12, 1982

*Gregory H. Smith,*attorney general *(Loretta S. Platt,*attorney, on the brief), by brief for the State.

*Dennis Brady,*by brief, pro se.

Memorandum Opinion

Dennis Brady was found guilty of a parking violation in New-market District Court. The Superior Court *(Contas,*J.) accepted a de novo appeal, but denied the defendant’s motion to waive the $8 appeal entry fee. This appeal challenges the constitutionality of the appellate filing fee.

A violation is *not*a criminal offense. RSA 625:9 11(b). We see no reason to alter our holding in *State v. Basinow,*117 N.H. 176, 178, 371 A.2d 458, 460 (1977), upholding such a fee.

*Affirmed.*
§ 80.133 Private coast stations using facsimile in Alaska. Facsimile techniques may be implemented in accordance with the following paragraphs. ( a ) Private coast stations in Alaska are eligible to use facsimile techniques with associated ship stations and other private coast stations in accordance with § 80.505(b).
( b ) The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile transmissions.
( c ) Equipment used for facsimile operations is subject to the applicable provisions of subpart E of this part.
[62 FR 40305, July 28, 1997]
I

103D CONGRESS

2D SESSION H. R. 4852

To provide congressional approval of a governing international fishery

agreement.

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 1994

Mr. MANTON (for himself, Mr. YOUNG of Alaska, and Mr. STUDDS) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

A BILL

To provide congressional approval of a governing

international fishery agreement.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That notwithstanding section 203 of the Magnuson Fish4 ery Conservation and Management Act (16 U.S.C. 1823),

5 the governing international fishery agreement between the

6 Government of the United States of America and the Gov7 ernment of the Republic of Lithuania, as contained in the

8 message to Congress from the President of the United

9 States dated July 18, 1994, is approved by the Congress

10 as a governing international fishery agreement for the
2

HR 4852 IH

1 purposes of such Act and shall enter into force and effect

2 with respect to the United States on the date of enactment

3 of this Act.

Æ
<TABLE> <S> <C>

<ARTICLE> 5

<S>                                       <C>
<PERIOD-TYPE>                                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       4,126,637
<SECURITIES>                                 1,278,601
<RECEIVABLES>                                  530,185
<ALLOWANCES>                                    30,000
<INVENTORY>                                    250,208
<CURRENT-ASSETS>                             6,645,331
<PP&E>                                       4,120,619
<DEPRECIATION>                               2,710,159
<TOTAL-ASSETS>                               8,097,003
<CURRENT-LIABILITIES>                          583,140
<BONDS>                                        240,859
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       110,567
<OTHER-SE>                                   7,273,004
<TOTAL-LIABILITY-AND-EQUITY>                 8,097,003
<SALES>                                      3,787,868
<TOTAL-REVENUES>                             3,787,868
<CGS>                                          880,682
<TOTAL-COSTS>                                4,438,759
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              33,706
<INCOME-PRETAX>                             (1,919,991)
<INCOME-TAX>                                  (472,935)
<INCOME-CONTINUING>                         (1,447,056)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,447,056)
<EPS-BASIC>                                    (1.32)
<EPS-DILUTED>                                    (1.32)


</TABLE>
EXHIBIT 31.2


<PAGE>

                                  EXHIBIT 31.2

                        CERTIFICATION PURSUANT TO SECTION
                          302 OF THE SARBANES OXLEY ACT

I, Ernest Cheung, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Xin Net Corp.;

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 quarterly
report;

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
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures 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 quarterly report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant'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 registrant's ability to record, process,
summarize and report financial data and have identified for the registrant'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 registrant's internal controls; and

6. The registrant's other certifying officers and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:  May 24, 2004


/s/ Ernest Cheung
-----------------------
Ernest Cheung, CFO
#### § 32.2680 Amortizable tangible assets.

This account shall be used by companies to record amounts for property acquired under finance leases and the original cost of leasehold improvements of the type of character detailed in Accounts 2681 and 2682.

[84 FR 4729, Feb. 19, 2019]
#### § 73.514 Protection from interference.

Permittees and licensees of NCE FM stations are not protected from interference which may be caused by the grant of a new LPFM station or of authority to modify an existing LPFM station, except as provided in subpart G of this part.

[65 FR 67299, Nov. 9, 2000]
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

GEORGE DAVID MOBERLY,

Claimant-Appellant

v.

DENIS MCDONOUGH, SECRETARY OF 

VETERANS AFFAIRS,

Respondent-Appellee

______________________ 

2022-1885

______________________ 

Appeal from the United States Court of Appeals for 

Veterans Claims in No. 20-5353, Senior Judge Mary J. 

Schoelen. 

______________________ 

JUDGMENT

______________________ 

KENNETH DOJAQUEZ, Carpenter Chartered, Topeka, 

KS, argued for claimant-appellant. 

 KYLE SHANE BECKRICH, Commercial Litigation Branch, 

Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by BRIAN M. BOYNTON, WILLIAM JAMES GRIMALDI,

PATRICIA M. MCCARTHY; CHRISTOPHER O. ADELOYE, Y. KEN 

Case: 22-1885 Document: 38 Page: 1 Filed: 02/09/2024
LEE, Office of General Counsel, United States Department 

of Veterans Affairs, Washington, DC. 

 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (MOORE, Chief Judge, STOLL and 

BENCIVENGO, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

February 9, 2024

Date

Case: 22-1885 Document: 38 Page: 2 Filed: 02/09/2024
#### In the Matter of the Application of William A. Kirk for a Peremptory Writ of Mandamus directed to John T. Dooling, Charles B. Page, James Kane and John E. Smith, Commissioners of the Board of Elections of the City of *New*York.

(Supreme Court, Kings Special Term,

March, 1910.)

Election of officers — Nominations and preparation of official ballot — Primary — Enrollment — Marking enrollment blanks.

The provision of section 26 of the Election Law for marking an enrollment blank with a pencil having black lead is directory merely, and although a voter used a fountain pen he may compel the board of elections to place his party affiliation upon the enrollment book of his election district.

Application for a writ of mandamus.

Edward L. Collier, for petitioner.

James L. Bell (Assistant Corporation Counsel), for Board of Elections.

Aspinall, J.

This motion is brought to compel the hoard of elections of the city of Kew York to convene and place the party affiliation of the said William A. Kirk upon the enrollment hook of the twentieth election district of the tenth Assembly district of the borough of Brooklyn. It appears from, the moving papers that the petitioner used a fountain pen instead of a pencil having black lead in marking a cross within the circle beneath the emblem of the party in which *536he desired to enroll, thereby failing to follow the directions of the statute in relation to this subject. In my opinion the intent of the statute is to secure a statement of party affiliation for public use, as the statute directs the board of elections to publish for general use after election day the declaration of every citizen as to his party affiliation. In this respect it clearly differs from the provision of the statute relating to marking ballots. There the form used is to maintain absolute secrecy as to the manner in which the citizen voted, and directs the use of a pencil having black lead to maintain a uniformity of procedure, so as to prevent the marking of a ballot in any manner which might lead to its subsequent identification. It is, therefore, evident, and it has been so held in this court in numerous proceedings of a similar character in the past, without a written opinion, however, that the law relating to the use of a pencil having black lead on enrollment blanks is merely directory and not mandatory; and where the board cf elections is enabled by the marking to determine the intention of the citizen with reference to his party affiliation it should so record the intent of the citizen.

Motion granted.
No. 10-10875.

#### Williams *v.*Astrue, Commissioner of Social Security.

C. A. 2d Cir. Certiorari denied.

Justice Soto-mayor took no part in the consideration or decision of this petition.