alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
A90A0016.

#### GLANTON v. THE STATE.

(394 SE2d 577)

McMurray, Presiding Judge.

Defendant was indicted in four counts for criminal attempt (to commit burglary), possession of a knife during the commission of a *534crime, misdemeanor obstruction of a law enforcement officer and recidivism. The evidence adduced at a jury trial revealed the following:

Decided May 7, 1990.

*James G. Meeks,*for appellant.

*Stephen F. Lanier, District Attorney, Lisa W. Pettit, Assistant*
      *535
      *District Attorney,*for appellee.

*534Two boys, one 13 years of age and the other 7 years of age, observed defendant attempting to gain access to the home of Michael Adcock through a window. The. boys saw that defendant was wielding a knife and the 13-year-old went home and informed his mother of his observations. The police were summoned and Officer Donnie Canada of the Rome Police Department arrived at the scene and observed defendant “walking from the front porch of the [Adcock] residence. . . .” As Officer Canada approached, defendant “uttered a couple of real vulgar words . . . and took off running.” A chase ensued with Sergeant William Hibberts of the Rome Police Department joining Officer Canada. Defendant was ultimately subdued; however, he struggled and resisted “[handcuffing].” A search of defendant revealed “a rather large pocket knife, a tuberculin syringe, a spoon, and ... a couple of gold watches.” It was later determined that a screen had been cut and that a door had been damaged at the Adcock house and that defendant did not have authority to enter the house. Defendant was found guilty of criminal attempt (to commit burglary), possession of a knife during the commission of a crime and misdemeanor obstruction of a law enforcement officer. Defendant’s motion for new trial was denied and this appeal followed. *Held:*

Defendant asserts the general grounds, arguing that the eyewitness testimony of the two minor children was unbelievable; that his explanation of presence at the scene of the crime and flight from law enforcement officers outweighed the State’s inculpatory evidence and that his presence at the scene of the crime was insufficient to support the convictions. These arguments are without merit.

The evidence was more than sufficient to authorize the jury to find the defendant guilty beyond a reasonable doubt of the crimes charged. *Jackson v. Virginia,*443 U. S. 307 (99 SC 2781, 61 LE2d 560). “We will not speculate as to what evidence the jury chose to believe or disbelieve; on appeal we are bound to construe the evidence with every inference and presumption in favor of upholding the jury’s verdict. *Mills v. State,*137 Ga. App. 305, 306 (223 SE2d 498). Where the testimony of the State and that of the defendant is in conflict, the jury is the final arbiter. *Sims v. State,*137 Ga. App. 264 (223 SE2d 468).” *Roberson v. State,*183 Ga. App. 268 (1), 269 (358 SE2d 659).

*Judgment affirmed.*

*Carley, C. J., and Sognier, J., concur.*
#### J. W. Hampton, Jr., & Co., Inc. *v.*United States

No. 6348.

Entry No. 743415.

Invoice dated Stourbridge, England, December 6, 1940

Certified December 11, 1940.

Entered at New York, N. Y., February 17, 1941.

(Decided September 18, 1946)

*J eróme G. Clifford*for the plaintiff.

*Paul P. Bao,*Assistant Attorney General, for the defendant.

Oliver, Presiding Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On-the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the entered values.

Judgment will be rendered accordingly.
Exhibit 32.2



Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The undersigned hereby certifies that, to his or her knowledge, (i) the Form 10-Q
filed by New Century Bancorp, Inc. (the Issuer) for the quarter ended March 31, 2005, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in
that report fairly presents, in all material respects, the financial condition and results of operations of the Issuer on the dates and for the periods presented therein.



|                   |  |     |  |                                                  
|------------------ |  | --- |  | -------------------------------------------------
|Date: May 13, 2005 |  | By: |  | /s/ Lisa F. Campbell                             
|                   |  |     |  | Lisa F. Campbell                                 
|                   |  |     |  | Senior Vice President and Chief Financial Officer
Before the Third Division,

October 30, 1950

No. 54791.

#### D. & A. Sclafani et al. *v.*United States,

protests 145287-K, etc. (New York).

Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
[Federal Register Volume 72, Number 66 (Friday, April 6, 2007)]
[Notices]
[Pages 17091-17092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6471]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Trade Adjustment Assistance for Farmers

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

    On March 22, 2007, the Administrator, Foreign Agricultural Service 
(FAS), denied a petition for trade adjustment assistance (TAA) that was 
filed on February 16, 2007, by the National Grape Cooperative 
Association, representing New York, Pennsylvania, and Ohio Concord 
juice grape producers.

SUPPLEMENTARY INFORMATION: Upon investigation, the Administrator 
determined that imports of grape juice and must, unfermented, not 
concentrated, from Canada did not contribute importantly to a decline 
in producer price. Therefore, the Concord juice grape petition did not 
meet the statutory requirement that imports contributed importantly to 
a decline in producer price.

FOR FURTHER INFORMATION, CONTACT: Jean-Louis Pajot, Coordinator, Trade 
Adjustment Assistance for Farmers, FAS, USDA, (202) 720-2916, e-mail: 
<a href="/cdn-cgi/l/email-protection#7105031015145f10151b0402051c141f05311710025f040215105f161e07"><span class="__cf_email__" data-cfemail="c8bcbaa9acade6a9aca2bdbbbca5ada6bc88aea9bbe6bdbbaca9e6afa7be">[email protected]</span></a>.


[[Page 17092]]


    Dated: March 23, 2007.
W. Kirk Miller,
Administrator, Foreign Agricultural Service.
 [FR Doc. E7-6471 Filed 4-5-07; 8:45 am]
BILLING CODE 3410-10-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
No. 52746.

protests 105897-K, etc. (Los Angeles, etc.).

#### Acme Distributing Co. et al. *v.*United States,

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
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# C_2007183EN.01002401.xml

| 4.8.2007 | EN | Official Journal of the European Union | C 183/24 |
| --- | --- | --- | --- |

4.8.2007

EN

Official Journal of the European Union

C 183/24

---

Action brought on 5 June 2007 — Commission of the European Communities v Portuguese Republic

(Case C-266/07)

(2007/C 183/41)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: A. Caeiros and J.-B. Laignelot, acting as Agents)

Applicant:

Defendant: Portuguese Republic

Defendant:

Form of order sought

| — | declare that, by permitting the incineration of hospital waste in incineration plants which do not have a valid permit, the Portuguese Republic has failed to fulfil its obligations under Article 4 of Directive 2000/76/EC (1) of 4 December 2000 on the incineration of waste or, in the alternative, Article 9 of Directive 2006/12/EC (2) of 5 April 2006 on waste; |
| --- | --- |

—

declare that, by permitting the incineration of hospital waste in incineration plants which do not have a valid permit, the Portuguese Republic has failed to fulfil its obligations under Article 4 of Directive 2000/76/EC (1) of 4 December 2000 on the incineration of waste or, in the alternative, Article 9 of Directive 2006/12/EC (2) of 5 April 2006 on waste;

1

2

| — | order the Portuguese Republic to pay the costs. |
| --- | --- |

—

order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

According to the interpretation of Article 3 of Directive 2000/76/EC read in conjunction with Article 20(2) of that directive, the incinerator in question is a new incinerator for the purposes of the application of Directive 2000/76/EC, with the result that the directive is applicable to the incinerator in the Parque da Saúde in Lisbon. The incinerator could start to function only after a permit was obtained by meeting the conditions laid down in Article 4 of that directive. The Portuguese authorities have not respected that requirement.

In any case, even if it is to be considered, quod non, that the incinerator in question should be classed as an ‘existing incinerator’ for the purposes of Directive 2000/76/EC and that, consequently, that directive was not applicable to it, its functioning was subject to obtaining a permit in advance in accordance with Article 9(1) of Directive 2006/12/EC.

quod non

---

(1)  OJ 2000 L 332, p. 91.

1

(2)  OJ 2006 L 114, p. 9.

2

---
January 17, 1942

No. 46850.

#### Protests 834263-G, etc., of M. A. Katz & Co.

Motion of Government for rehearing denied.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

February 27, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 131336 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 131336 

 COA: 258401 

Antrim CC: 03-003686-FC 

WALTER EDWARD HARRINGTON,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the February 21, 2006 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

d0220 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

February 27, 2007 

 Clerk
**Exhibit 32**

Via EDGARSecurities and Exchange CommissionJudiciary Plaza450 Fifth Street, N.W.Washington, D.C. 20549

Re:   Certificationpursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002

Ladies and Gentlemen:

In connection withthe Quarterly Report of TEL Offshore Trust (the “Trust”) on Form 10-Q forthe three months ended June 30, 2004 as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned, not inits individual capacity but solely as the trustee of the Trust, certifiespursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to its knowledge:

(1)         The Report fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2)         The information containedin the Report fairly presents, in all material respects, the financialcondition and results of operations of the Trust.

Theabove certification is furnished solely pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part ofthe Report or as a separate disclosure document.
|                        | JPMorgan Chase Bank,  Corporate Trustee for TEL Offshore Trust |
|------------------------|----------------------------------------------------------------|
| November 12, 2004 | By:                                                            |   | /s/  MIKE ULRICH |
|                   |                                                           |   | Mike Ulrich |
|                   |                                                           |   | *Vice President and Trust Officer* |

 

----
CERTIFICATION OF
          CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report on Form 10-QSB of Serie,
Inc. for the quarter ended March 31, 2004, I, Gerard Stephan, Chief Executive
Officer and Chief Financial Officer of Serie, Inc. hereby certifies pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of my knowledge and belief, that:

     1.   Such Quarterly Report on Form 10-QSB for the period ended March 31,
          2004, 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-QSB for
          the period ended March 31, 2004, fairly presents, in all material
          respects, the financial condition and results of operations of Serie,
          Inc.

Dated:  May 17, 2004

Serie, Inc.


By: /s/ Gerard Stephan
-------------------------------------
Chief Executive Officer
Chief Financial Officer
# C_2007235EN.01001302.xml

| 6.10.2007 | EN | Official Journal of the European Union | C 235/13 |
| --- | --- | --- | --- |

6.10.2007

EN

Official Journal of the European Union

C 235/13

---

Action brought on 18 July 2007 — Ebro Puleva v OHIM — Berenguel (BRILLO'S)

(Case T-275/07)

(2007/C 235/24)

Language in which the application was lodged: Spanish

Parties

Applicant: Ebro Puleva, SA (Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Luis Berenguel, S.L.

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | annul the decision of the Second Board of Appeal of the OHIM of 21 May 2007 in case No R 493/2006-2 (concerning opposition proceedings No B 705 790). |
| --- | --- |

—

annul the decision of the Second Board of Appeal of the OHIM of 21 May 2007 in case No R 493/2006-2 (concerning opposition proceedings No B 705 790).

Pleas in law and main arguments

Applicant for a Community trade mark: LUIS BERENGUEL, S.L.

Applicant for a Community trade mark:

Community trade mark concerned: the word mark ‘BRILLO'S’ for goods in classes 29, 30 and 31 (application No 2.984.995).

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: the Spanish figurative mark ‘brillante’ (mark No 922.772) for products in class 30 and the Spanish figurative mark ‘brillante’ (mark No 2.413.459) for goods in class 29.

Mark or sign cited in opposition:

Decision of the Opposition Division: opposition dismissed.

Decision of the Opposition Division:

Decision of the Board of Appeal: appeal dismissed.

Decision of the Board of Appeal:

Pleas in law: incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark (1), inasmuch as it found that the signs in conflict are phonetically, conceptually and visually different.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

1

---
1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

WILLIAM MORRISON, 

 

 Petitioner, Case No. 2:13-CV-00188 

 Crim. No. 2:11-CR-0023 

 v. JUDGE GREGORY L. FROST 

Magistrate Judge Norah McCann King 

UNITED STATES OF AMERICA, 

 Respondent. 

ORDER 

 On April 4, 2014, the United States Magistrate Judge recommended 

that counsel be appointed to represent Petitioner at an evidentiary 

hearing on his claims that he was denied the effective assistance of 

counsel because his attorney failed to file an appeal on his behalf 

and failed to consult with him regarding the filing of an appeal, and 

because he performed in a constitutionally ineffective manner during 

pre-trial proceedings. (ECF 68.) The Magistrate Judge further 

recommended that the remainder of Petitioner’s claims be dismissed. 

Id.

 Although the parties were advised of the right to object to the 

Report and Recommendation and of the consequences of their failure to 

do so, no objections have been filed. The Report and Recommendation

is therefore ADOPTED and AFFIRMED. (ECF No. 68.) 

Counsel shall be appointed to represent Petitioner at an 

evidentiary hearing on his claims that he was denied the effective 

assistance of counsel because his attorney failed to file an appeal on 

his behalf and failed to consult with him regarding the filing of an 

Case: 2:11-cr-00023-GLF-NMK Doc #: 69 Filed: 04/25/14 Page: 1 of 2 PAGEID #: <pageID>
2 

appeal, and because he performed in a constitutionally ineffective 

manner during pre-trial proceedings. The remainder of Petitioner’s 

claims are DISMISSED. 

IT IS SO ORDERED. 

 

 

 /s/ Gregory L. Frost 

 GREGORY L. FROST 

 UNITED STATES DISTRICT JUDGE 

 

Case: 2:11-cr-00023-GLF-NMK Doc #: 69 Filed: 04/25/14 Page: 2 of 2 PAGEID #: <pageID>
Case No. 9,878.

#### In re MOTT et al.

[N. Y. Times.

Dec. 8, 1863.]

Circuit Court, S. D. New York.

Nov. 28, 1863.

Bankruptcy — Jurisdiction of District Court— Setting Aside Conveyance by Assignee.

[Cited in Re Hyde, 6 Fed. 594, to the point that the district court in bankruptcy has the power to set aside by summary process a conveyance executed by the assignee in bankruptcy which was improvidently, irregularly, or without due authority, executed by the assignee, or which was procured to be executed by fraud upon the court or upon the assignee, while the property so conveyed is still in the hands of the partv to whom so conveyed by the assignee.]

[This case is first reported as heard upon objections to petition of Jacob H. Mott to be decreed a bankrupt Case No. 9,878b. It is next reported as heard in the district court upon application to set aside the sale by the assignee to Isaac C. Delaplaine of the bankrupts’ interest íd the estate of their grandfather John Hopper. The petitioners were allowed to move it into this court. Case No. 9.87Sa. It is now heard upon this removal.]

Judge Foote, for motion.

Mr. Betts, opposed.

NELSON, Circuit Justice.

We have looked into the papers in this case, and are satisfied that the two orders entered by the district court, on the report of the general assignee, for a private sale of the assets of the bankrupts, on the 28th of February, 1860, were improvidently granted, and that they should be set aside, and, also, that the conveyance under them by the assignee to Isaac C. Dela-plaine should be delivered up and canceled, and the monies paid by him, and deposited in the district court, be refunded to him, and those received by the assignee, and not so deposited, be refunded by the said assignee. We do not doubt but that the district court has full power and jurisdiction to make an order to the above effect. As to the prayer of the petitioners that conveyances of the property made by the assignee to Delaplaine be made to them, we are of opinion that the district court has no power to make such an order, or that it would be right or proper to make it, even if it had the power. In the existing condition of. the matter in controversy, a proper and equitable disposition of them; in our judgment, would be an order directing a sale of these assets at public auction, giving ample notice of the time and place of sale, with a particular description of the nature, locality and boundaries of the property, it being real estate; or, at least, as full and particular a description as practicable. As to the question of the two years' *902limitation in the bankrupt statute, it has heretofore been adjourned to this court by the district court, and by this court held not to apply. Let the above be certified by the clerk to the district court.

[NOTE. Subsequently the administrators of Isaac O. Delaplaine petitioned to have the amount paid by him refunded to them. Case No. 9,879. At the public sale of this interest it vras purchased by James M. Smith, Jr. A petition was filed to set aside this last sale. Petition dismissed. 6 Fed. 685.]