alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 9/23/20

IN THE SUPREME COURT OF 

CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

DANIEL TODD SILVERIA and JOHN RAYMOND TRAVIS,

Defendant and Appellant.

S062417

Santa Clara County Superior Court

155731

ORDER MODIFYING OPINION AND DENYING PETITIONS FOR 

REHEARING

THE COURT:

The opinion in this matter filed on August 13, 2020, andappearing 

at 10 Cal.5th 195 is modified as follows:

1. Add a footnote after the sentence spanning pages 209 and 210

reading, “On a Tuesday in January 1991, Silveria showed his friend Gregg 

Orlando a wad of cash, and said, ‘We killed somebody last night.’ ” The 

new footnote should read: 

At the guilt phase, this portion of Orlando’s testimony was heard 

only by Silveria’s jury. Orlando also gave substantially similar 

testimony at defendants’ joint penalty retrial.

2. In the first full paragraph on page 305, delete the sentence and 

citation that read: “We conclude there is no reasonable likelihood that the 

court’s error misled the jury. (See People v. Mitchell (2019) 7 Cal.5th 561, 

579 [248 Cal. Rptr. 3d 587, 443 P.3d 1] [“In reviewing a claim of 
instructional error, the court must consider whether there is a reasonable 

likelihood that the trial court's instructions caused the jury to misapply 

the law in violation of the Constitution.”].) As modified, the replacement

sentence and citation now read: 

We conclude there is no reasonable possibility that the court’s error 

affected the verdict. (See People v. Gomez (2018) 6 Cal.5th 243, 309–

310; see also id. at p. 310 [“We find no reasonable possibility that the 

instructional error affected the jury’s penalty determination.”].)

3. Delete the sentence spanning pages 305 and 306 that reads:

“Given these instructions at the end of the penalty retrial, there is no 

reasonable likelihood that the jurors who may have heard the challenged 

language at the outset of trial failed to understand that they ‘bore the 

ultimate responsibility for choosing between death and life imprisonment 

without parole’ (Ray, supra, 13 Cal.4th at p. 355), and that they could 

consider pity and sympathy for the defendants.” As modified, the

replacement sentence now reads: 

The instructions given at the end of the penalty retrial correctly 

informed them that they “bore the ultimate responsibility for 

choosing between death and life imprisonment without parole” (Ray, 

supra, 13 Cal.4th at p. 355), and that they could consider pity and 

sympathy for the defendants. We therefore conclude there is no 

reasonable possibility that without the erroneous instruction on 

CALJIC 1.00 to some of the jurors during voir dire Silveria would 

have received a more favorable verdict.

These modifications do not affect the judgment. 

The petitions for rehearing are denied.
Honorable E. P. Jennings CountyAuditor Hardin County Kountze,

Texas Dear Sir: opinion Ho. o-1217 Re) Taxation

of rainerals.sevsrddbpy reservation. We are in receiptof your letter of August 1, 1939, in which you request the opinionof this department upon the following question: "In the cese of where one party sells and conveys a tract of land, and the grantor

reservesthe minerals or a part of the mineral, shell the grantor

be assessedfor taxes the whole or pert of such mineral

rights reserved?” III I.exer vs, Gerner (sup. Ct.,1932) 30 S. W. (Q.) 769, it was stated: ?ha authoritative

decisions

of this State esteblimh the following elementary

rules, to-wit: "2 . That a sexerance of minerals

may be made by an exception or reservation

in the deed conveying the land." It Is stated in Humble Oil& RefiningCo. vs. State (T. C. $. 1928, writ refused)3 S. W. (2d) 559, that: "F;t is now a well recognized principle

of law that, after the mineral estate has been severedby the owner from the land, sama is subject to taxes,and the owner of the mineralestate is liable forKtaxes t& the same extent that property owners are liable for any other tax." The Texss SupremeCourt speaking througbJusticeGreenwood in Hoger vs. Stokes, (1927)294 S. W. 835, stated: "Realestate is ordinarily taxed as a unit: yet, where there have been severances

by conveyance;

exception,

or res~ervation,

so that one portion

of realtybelongs to one person and other portionsto others, each owner shouldpay taxes under proper assessment against

him of the portion!

ownedby him. The fact that a portion may consist

of minerals, or of a fractional interest

therein

makes no difference, l . ."Hcm.B. P. Jennings, Page 2 O-1217

Articles

### 7151 et seq. R. C. S. 

### 1525, clearly

contemplates

that real estate shallba assessedfor taxes againstthe owner aa of JanuaryI.& in %ha year for which the property is required tobe rendered

or assessed. It is OW! opinionthat when a grantoreells and qanveyaa tract cdf land reeerving

the minerab or a fractional part of the minerals, therein,such grantorah0Kl.d

be aseesaed

for taxsa on tha mineral interest owned or reserved

by him. Very trulyyours ATWRIWGSWWRALOFTEXAS e/Cecil C. Canmmok



### Bs Cecil C. CsJmpaok Amlhant
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

KELLY TERRY, No. CIV S-04-2451-MCE-CMK-P

Plaintiff, 

vs. ORDER

JUSTIN WARD, et al.,

Defendants.

 /

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for appointment of counsel

(Doc. 2).

The United States Supreme Court has ruled that district courts lack authority to

require counsel to represent indigent prisoners in § 1983 cases. See Mallard v. United States

Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may

request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v.

Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36

(9th Cir. 1990). In the present case, the court does not at this time find the required exceptional

circumstances. 

Case 2:04-cv-02451-MCE -CMK Document 26 Filed 08/02/06 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the

appointment of counsel is denied.

DATED: August 2, 2006.

______________________________________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-02451-MCE -CMK Document 26 Filed 08/02/06 Page 2 of 2
2014.12.31 - 10K EX 10.18






December 31, 2014


Re:    Renewal of Amended and Restated Retention Agreement
Dear Shawn:
This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated November 7, 2008 for a period of one year.  As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2015.
Please sign this letter in the space provided below as your acknowledgement and agreement of this Renewal Term agreement and return this original to me, and retain a copy for your own records.
	
		
	 
	Sincerely,

	 
	 

	 
	PLY GEM INDUSTRIES, INC.

	 
	 

	 
	By:  /s/ Gary E. Robinette

	 
	Name:  Gary E. Robinette

	 
	Title:  President and Chief Executive Officer

	 
	 

	 
	 

	 
	 

	Acknowledged and Agreed:
	 

	 
	 

	 
	 

	/s/ Shawn K. Poe


	 

	Shawn K. Poe
Exhibit 32.2


                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Curative Health Services, Inc. (the
"Company") on Form 10-Q for the period ended September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas Axmacher, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge:

     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.


                                        /s/ Thomas Axmacher
                                            -----------------------
                                            Thomas Axmacher
                                            Chief Financial Officer
                                            November 14, 2003
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549



FORM 10-K/A
Amendment No. 1

ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE
ACT OF 1934

For the fiscal year ended December 31, 2001

Commission file number 333-85443-01

ABN AMRO Mortgage Corporation (as depositor under the Pooling and Servicing Agreement,
Dated as of October 1, 1999 providing for, inter alia, the issuance of ABN AMRO Mortgage
Corporation Mortgage Pass-Through Certificates Series 1999-7)
(Exact name of registrant as specified in its charter)

Delaware
(State or other jurisdiction of  incorporation or organization)

363886007
(I.R.S. Employer  Identification No.)

181 West Madison Street, Chicago, Illinois  60602
(Address of principal executive offices)

60602
(Zip Code)

Registrant's telephone number, including area code:  (248)  643-2530

Securities registered pursuant to Section 12(b) of the Act: None

Indicate by check mark whether the registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during
the preceding 12 months (or for such shorter period that the registrant was
required to file such reports), and (2) has been subject to such filing
requirements for the past 90 days.
           Yes [X]       No  [ ]

This Amendment No. 1 on Form 10-K/A amends Item 14 of the original Form
10-K which was filed on March 26, 2002


      Item 14.	Exhibits, Financial Statement Schedules, and Reports on Form 8-K.

	(a)	Exhibits

		(99.1)	Annual Independent Accountant's Servicing Report

		(99.2)	Annual Statement of Compliance

	(b) 	Reports on Form 8-K were filed during the last quarter of 2001 in order to provide
statements for the monthly distributions to investors on September 27, 2001,
October 25, 2001, November 27, 2001, and December 26, 2001.

Exhibits 99.1 and 99.2 are not filed herewith since documents were not received at least
three business days prior to the due date of this report.  The documents will be included in the
Form 10-K/A to be filed within 30 days of the receipt of such documents.



				SIGNATURES

Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange
Act of 1934, the registrant has duly caused this report to be signed on its
behalf by the undersigned, thereunto duly authorized.

LaSalle Bank National Association, in its
capacity as Agent for the Trustee under the Pooling and
Servicing Agreement on behalf of  ABN AMRO Mortgage
Corporation, Registrant


By:	/s/  	Cynthia Reis
	---------------------------
		Cynthia Reis
		First Vice President

Date:	May 21, 2002
446 A.2d 698

#### Commonwealth v. Brown, Appellant.

Submitted June 3, 1981.

Andrew K. Parker, for appellant;

Kenneth Brown, District Attorney, for Commonwealth, appellee.

Before ROWLEY, McEWEN and MONTEMURO, JJ.

The order is affirmed.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JAMES THOMAS RODGERS,

Plaintiff, No. CIV S-04-2661 FCD JFM P

vs.

OFFICER HAMPTON,

Defendant. ORDER

 /

Plaintiff, a state prisoner proceeding pro se, has requested that this action be

dismissed. 

Accordingly, IT IS HEREBY ORDERED that defendant shall notify this court,

within ten days, whether he has any objection to the dismissal of this action. Should defendant

fail to respond, plaintiff's request will be granted pursuant to Fed. R. Civ. P. 41(a)(2).

DATED: May 10, 2006.

/mp

rodg2661.59a

Case 2:04-cv-02661-FCD-JFM Document 37 Filed 05/11/06 Page 1 of 1
DexMedia 2014 10K EX 10.31__DirectorComp




                                    
COMPENSATORY ARRANGEMENTS OF DIRECTORS


The Compensation and Benefits Committee of the Board of Directors of Dex Media, Inc. (the “Corporation”) approved non-management director compensation, effective as of July 1, 2014, as follows:




	
		
	Service
	Fee Amount

	Cash Fees

	Annual Retainer for Board Service       
	$120,000*

	Annual Chairman of the Board Retainer       
	$160,000*

	Annual Audit and Finance Committee Membership Retainer          
	$7,500*

	Annual Audit and Finance Committee Chairman Retainer  
	$25,000*

	Annual Compensation and Benefits Committee Membership Retainer
	$7,500*

	Annual Compensation and Benefits Committee Chairman Retainer            
	$25,000*

	Annual Corporate Governance Committee Membership Retainer   
	$5,000*

	Annual Corporate Governance Committee Chairman Retainer        
	$15,000*

	Board and Committee Meeting Fee   
	$2,000*

	Equity Awards

	Annual Equity Retainer for Board Service
	$30,000**

	Annual Equity Retainer for Chairman of the Board Service
	$40,000**




            
*    Annual non-management director retainers are paid at the beginning of each quarter and include Board and Committee retainers. Board and Committee meeting fees are paid on a quarterly basis in arrears based on attendance.


**    Non-management directors receive an annual award of the Corporation’s common stock equal to $30,000 ($40,000 in case of the Board Chairman) divided by the closing price of the Corporation’s common stock.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

KEVIN J. IKES,

Plaintiff, No. CIV S-04-2747 FCD KJM P

vs.

SACRAMENTO COUNTY SHERIFF’S

DEPARTMENT, et al.,

Defendants. FINDINGS AND RECOMMENDATIONS

 /

By an order filed January 20, 2005, plaintiff was ordered to file an in forma

pauperis affidavit or pay the appropriate filing fee within thirty days and was cautioned that

failure to do so would result in a recommendation that this action be dismissed. The thirty day

period has now expired, and plaintiff has not responded to the court’s January 20, 2005 order 

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

These findings and recommendations are submitted to the United States District

Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty

days after being served with these findings and recommendations, any party may file written

objections with the court and serve a copy on all parties. Such a document should be captioned

“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections

shall be served and filed within ten days after service of the objections. The parties are advised

Case 2:04-cv-02747-FCD-KJM Document 6 Filed 05/11/05 Page 1 of 2
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that failure to file objections within the specified time may waive the right to appeal the District

Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

DATED: May 10, 2005.

______________________________________

UNITED STATES MAGISTRATE JUDGE

1

ikes2747.fifp

Case 2:04-cv-02747-FCD-KJM Document 6 Filed 05/11/05 Page 2 of 2
SCALE 1:24,000

WINCHENDON QUADRANGLE

1 0.5 0 1 MILE

1 0.5 0 1 KILOMETER

U.S. DEPARTMENT OF THE INTERIOR

U.S. GEOLOGICAL SURVEY

Prepared in cooperation with the OPEN-FILE REPORT 2006-1260-I

Explanatory pamphlet accompanies map

Surficial Geologic Map of the Winchendon Quadrangle, Massachusetts

Compiled by Janet R. Stone

2013

Base from U.S. Geological Survey, 1971.

Map was scanned, processed, georeferenced,

rectified, and cropped by the Massachusetts

Geological Survey.

Geology mapped by J.R. Stone in 1979 (unpublished).

CONTOUR INTERVAL 10 FEET

(SHEET 3 of 24)

(R

O

YALS

TO

N)

(A

S

HB

U

R

N

HA

M)

(TEMPLETON) 72°0'0"W

72°0'0"W

72°7'30"W

72°7'30"W

42°45'0"N

42°45'0"N

42°37'30"N

42°37'30"N

Stone, J.R., compiler, 2013, Surficial geologic map

of the Mount Grace-Ashburnham-Monson-Webster

24-quadrangle area in central Massachusetts:

U.S. Geological Survey Open-File Report 2006-1260-I

Available online at http://pubs.usgs.gov/of/2006/1260/I.

COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETTS GEOLOGICAL SURVEY

AND OFFICE OF GEOGRAPHIC INFORMATION (MassGIS),

INFORMATION TECHNOLOGY DIVISION
# C_2007186EN.01005901.xml

| 9.8.2007 | EN | Official Journal of the European Union | C 186/59 |
| -------- | -- | -------------------------------------- | -------- |

---

Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers( 1 )
( 2 )

(Text with EEA relevance)

(2007/C 186/08)

SPAIN

Operating licences granted

Category A:   Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

| Name of air carrier | Address of air carrier | Permitted to carry | Decision effective since |
| --------------------------------------------------- | ----------------------------------------------------------------------------- | ------------------------------------------------ | ------------------------------ |
| NAVEGACION Y SERVICIOS AÉREOS CANARIOS S.A. (NAYSA) | Aeropuerto de Gando Oficina NAYSA Plataforma Sur E-35230 Telde (Gran Canaria) | Aeropuerto de Gando Oficina NAYSA Plataforma Sur | E-35230 Telde (Gran Canaria) |
| Aeropuerto de Gando Oficina NAYSA Plataforma Sur | | | |
| E-35230 Telde (Gran Canaria) | | | |
| HELIPISTAS S.L | Helipuerto de Ullastrell E-08231 Ullastrell (Barcelona) | Helipuerto de Ullastrell | E-08231 Ullastrell (Barcelona) |
| Helipuerto de Ullastrell | | | |
| E-08231 Ullastrell (Barcelona) | | | |
| GADAIR EUROPEAN AIRLINES S.L | Complejo Mirall Balear Bloque A — 1aplanta E-07007 Palma de Mallorca | Complejo Mirall Balear Bloque A — 1aplanta | E-07007 Palma de Mallorca |
| Complejo Mirall Balear Bloque A — 1aplanta | | | |
| E-07007 Palma de Mallorca | | | |

Category B:   Operating licences including the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

| Name of air carrier | Address of air carrier | Permitted to carry | Decision effective since |
| ----------------------------------------- | --------------------------------------------------------------- | ----------------------------------------- | ---------------------------------------- |
| HELITRANS PYRINEES S.L | Aeropuerto del Alt Urgell E-25797 Adrall-Lleida | Aeropuerto del Alt Urgell | E-25797 Adrall-Lleida |
| Aeropuerto del Alt Urgell | | | |
| E-25797 Adrall-Lleida | | | |
| CORPORATEJETS XXI, S.A | c/de Amposta, 22 E-08173 San Cugat del Vallés (Barcelona) | c/de Amposta, 22 | E-08173 San Cugat del Vallés (Barcelona) |
| c/de Amposta, 22 | | | |
| E-08173 San Cugat del Vallés (Barcelona) | | | |
| AEROTAXIS DEL MEDITERRÁNEO S.L | c/Alferez Abad Ponjoan 14 E-52005 Melilla | c/Alferez Abad Ponjoan 14 | E-52005 Melilla |
| c/Alferez Abad Ponjoan 14 | | | |
| E-52005 Melilla | | | |
| AIR TAXI & CHARTER INTERNATIONAL S.L | c/Pardales, 30 (Urbanización Serra Brava) E-17310 Lloret de Mar | c/Pardales, 30 (Urbanización Serra Brava) | E-17310 Lloret de Mar |
| c/Pardales, 30 (Urbanización Serra Brava) | | | |
| E-17310 Lloret de Mar | | | |

---

( 1 )  OJ L 240, 24.8.1992, p. 1.

( 2 )  Communicated to the European Commission before 31.8.2005.

---
No. 54086.

#### John Alban & Co., Inc. *v.*United States,

protests 147825-K and 148202-K (New York).

Opinion by

Johnson, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report of Kimball International,Inc. (the "Company") on Form 10-K for the period ending June 30, 2009 as filedwith the Securities and Exchange Commission on the date hereof (the "Report"),I, James C. Thyen, President and Chief Executive Officer of the Company, certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

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

(2)  The information contained in the Report fairlypresents, in all material respects, the financial condition and result ofoperations of the Company.

 

 

|   | /s/ James C. Thyen                                      |   |
|--------|---------------------------------------------------------|--------|
|   | JAMES C. THYEN    President,    Chief Executive Officer |   |
|   | August 31, 2009                                         |   |
# C_2006320EN.01000301.xml

| 28.12.2006 | EN | Official Journal of the European Union | C 320/3 |
| --- | --- | --- | --- |

28.12.2006

EN

Official Journal of the European Union

C 320/3

---

Notice for the attention of those persons/groups/entities that have been included by Council Decision 2006/1008/EC of 21 December on the list of persons, groups and entities to which Regulation 2580/2001 applies

(2006/C 320/02)

The following information is brought to the attention of the persons, groups or entities listed in the Annex to Council Decision 2006/1008/CE of 21 December. (1)

1

The Council of the European Union has determined that the persons, groups or entities that appear on the above-mentioned list are involved in terrorist acts within the meaning of the relevant EU legal instruments, and they have consequently been included, by the decision referred to above, on the list of persons, groups and entities subject to the restrictive measures provided for under Council Regulation (EC) 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (2). This Regulation provides for a freezing of all funds, other financial assets and economic resources belonging to the persons, groups or entities concerned and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly.

2

The attention of the persons, groups or entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as listed in the Annex to the Regulation, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 5 of the Regulation).

The persons, groups or entities concerned may submit a request to obtain the Council's statement of reasons for their inclusion on the above-mentioned list (unless the statement of reasons has already been communicated to them). They may also submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered.

Any such requests should be sent to the following address: Council of the European Union (Attn.: UNSCR 1373 designations), Rue de la Loi 175, B-1048 Brussels.

Attn.

Attention is also drawn to the possibility for each person, group or entity concerned of challenging the Council's decision before the Court of First Instance of the European Communities, in accordance with the conditions laid down in Article 230 (4) and (5) of the Treaty establishing the European Community.

---

(1)  OJ L 379, 28.12.2006.

1

(2)  OJ L 344 of 28.12.2001, p. 71.

2

---