alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SCWC-12-0001121

IN THE SUPREME COURT OF THE STATE OF HAWAI ʻ I

STATE OF HAWAI ʻ I, Respondent/Plaintiff-Appellee,

vs.

RAYMOND S. DAVIS, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0001121; CASE NO. 1DTA-12-01623)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioner/Defendant-Appellant Raymond S. Davis’s

Application for Writ of Certiorari, filed on September 24, 2015,

is hereby accepted and will be scheduled for oral argument. The

parties will be notified by the appellate clerk regarding

scheduling.

DATED: Honolulu, Hawai ʻ i, November 6, 2015.

John M. Tonaki and Phyllis J. Hironaka for petitioner /s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson Electronically Filed Supreme Court SCWC-12-0001121 06-NOV-2015 02:15 PM
<PAGE>


                               POWER OF ATTORNEY
                               -----------------

     KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
Director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints R. Lee Wilson, Anne M. Katcher, Stuart L. Faust, Nik Malvania, Pauline
Sherman, Naomi J. Weinstein, Mary A. Hyland, Maureen K. Wolfson, Mildred
Oliver, Robin Wagner and each of them (with full power to each of them to act
alone), his or her true and lawful attorney-in-fact and agent, with full power
of substitution to each, for him or her and on his or her behalf and in his or
her name, place and stead, to execute and file any of the documents referred to
below relating to registrations under the Securities Act of 1933, the
Securities Exchange Act of 1934 and the Investment Company Act of 1940 with
respect to any insurance or annuity contracts or other agreements providing for
allocation of amounts to Separate Accounts of the Company, and related units or
interests in Separate Accounts: registration statements on any form or forms
under the Securities Act of 1933 and the Investment Company Act of 1940 and
annual reports on any form or forms under the Securities Exchange Act of 1934,
and any and all amendments and supplements thereto, with all exhibits and all
instruments necessary or appropriate in connection therewith, each of said
attorneys-in-fact and agents and his, her or their substitutes being empowered
to act with or without the others, and to have full power and authority to do
or cause to be done in the name and on behalf of the undersigned each and every
act and thing requisite and necessary or appropriate with respect thereto to be
done in and about the premises in order to effectuate the same, as fully to all
intents and purposes as the undersigned might or could do in person, hereby
ratifying and confirming all that said attorneys-in-fact and agents, or any of
them, may do or cause to be done by virtue hereof.



     IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand this
12th day of February, 2001.



                                        /s/ Claus-Michael Dill
                                            -----------------------------------
                                            Claus-Michael Dill
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

ROBERT ROBINSON, AKA Bob Cool,

 Defendant - Appellant. 

No. 10-55934

D.C. Nos. 2:08-cv-05267-WDK

 2:06-cr-00216-WDK-1

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

William D. Keller, Senior District Judge, Presiding

Submitted February 8, 2013** 

Pasadena, California

Before: O’SCANNLAIN, TROTT, and CLIFTON, Circuit Judges.

Robert Robinson timely raises five challenges to the denial of his § 2255

motion by the district court. We have jurisdiction under 28 U.S.C. §§ 1291 and

2253, and we affirm.

FILED

FEB 28 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

Because Robinson’s original appellate counsel decided not to challenge the

use of the extrapolation method or the preponderance of the evidence standard on

direct appeal, his first two claims have been procedurally defaulted. See United

States v. Johnson, 988 F.2d 941, 945 (9th Cir. 1993). Robinson does not attempt

to demonstrate cause and prejudice to excuse this default, as he must. United

States v. Frady, 456 U.S. 152, 166-67 (1982). Therefore, we reject his first two

challenges.

 Robinson was not denied his right to effective assistance of counsel at his

sentencing or on appeal. The legal arguments he desired his attorneys to make had

no reasonable likelihood of success. This court has approved of the extrapolation

method, United States v. Lopes-Montes, 165 F.3d 730, 732 (9th Cir. 1999), and

Robinson’s arguments do not cast doubt on its validity. Furthermore, the

preponderance of the evidence standard was the correct standard to apply at his

sentencing. United States v. Harrison-Philpot, 978 F.2d 1520, 1523-24 (9th Cir.

1992). Therefore, Robinson’s attorneys were not ineffective, and he was not

prejudiced by their performance. See Miller v. Keeney, 882 F.2d 1428, 1435 (9th

Cir. 1989). 

Robinson’s inability to pay his trial counsel created only the potential for a

conflict of interest. Williams v. Calderon, 52 F.3d 1465, 1473 (9th Cir. 1995). As
3

such, he must show that his attorney’s performance was objectively unreasonable

and that he was prejudiced as a result. Bonin v. Calderon, 59 F.3d 815, 827 (9th

Cir. 1995). Robinson cannot demonstrate prejudice in the face of the

overwhelming evidence of his guilt and the reduced sentence he received. 

AFFIRMED.
Order filed November 10, 2016

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 16

- 00166

- CV

____________ RICHARD A. DUNSMORE , Appellant

V.
THE UNIVERSITY OF TE XAS, ET AL, Appellee s

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 78057

- I



### O R D E R
Appellant’ s brief was due October 11, 2016

. No brief or motion for extension
of time has been filed.
Unless appellant files a brief with this court on or before December 12 , 2016
, the court will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

PER CURIAM
**Exhibit 15.1**

**Han Kun Law Offices**

**Suite 906, Office Tower C1, Oriental Plaza**

**No. 1 East Chang An Ave.**

**Beijing 100738**

**The People’s Republic of China**

**Tel: (86 10) 8525 5500**

**Fax: (86 10) 8525 5511**

Date: April 26, 2012 

Bitauto Holdings Limited 

New Century Hotel Office Tower, 6/F 

No. 6 South Capital Stadium Road 

Beijing, 100044 

The People’s Republic of China 

Ladies and Gentlemen: 

We hereby consent to the use of our nameunder the captions “REGULATION”, “RISK FACTORS” and “MAJOR SHAREHOLDERS AND RELATED PARTY TRANSACTIONS” included in the Form 20-F, which will be filed by Bitauto Holdings Limited, on April 26, 2012, with theSecurities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 for the fiscal year ended December 31, 2011. 

Sincerely yours, 

/s/ Han Kun Law Offices
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# How to fill out your application for a social security card

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                    -           Subject: Time        
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Before the Second Division,

April 13, 1944

No. 49326.

#### Protests 38363-K, etc., of Aster Flower Co. et al. (New York).

Opinion by

Kincheloe, J.

Following the authorities cited in Abstract 15400 ' the court dismissed the protests.
ex_10-2.htm


    
      
        

        

      

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I 

118TH CONGRESS 

2D SESSION H. R. 9152 

To amend the Internal Revenue Code of 1986 to clarify that determinations 

regarding whether an individual who is a contractor providing services 

to an educational organization is a full time employee for purposes 

of requirements relating to an employer’s responsibility to provide health 

coverage are subject to rules that apply to employees of educational 

organizations. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2024 

Mr. HORSFORD (for himself, Mr. NORCROSS, Mr. POCAN, and Mrs. DINGELL) 

introduced the following bill; which was referred to the Committee on 

Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to clarify 

that determinations regarding whether an individual who 

is a contractor providing services to an educational organization is a full time employee for purposes of requirements relating to an employer’s responsibility to provide 

health coverage are subject to rules that apply to employees of educational organizations. 

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


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 9152 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing Continued 

3 Healthcare for Our Operations and Logistics Profes4 sionals Act of 2024’’ or the ‘‘SCHOOL Professionals Act 

5 of 2024’’. 

6 SEC. 2. CLARIFICATION REGARDING SHARED RESPONSI7 BILITY OF EMPLOYERS OF CERTAIN CON8 TRACTORS OF EDUCATIONAL ORGANIZA9 TIONS RELATING TO HEALTH COVERAGE. 

10 (a) IN GENERAL.—Section 4980H(c)(4)(B) of the 

11 Internal Revenue Code of 1986 is amended by inserting 

12 ‘‘Such rules shall provide that individuals who primarily 

13 provide contract services to an educational organization 

14 shall be subject to rules similar to rules that apply to em15 ployees of an educational organization for purposes of de16 termining whether such individual is a full-time employee 

17 for purposes of this section.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 this section shall apply to months beginning after the date 

20 of the enactment of this Act. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
Case No. 5,449.

#### GILPIN v. CRANDELL.

[2 Cranch, C. C. 57.] 1

Circuit Court, District of Columbia.

Nov. Term, 1812.

Action on Administkation Bond.

An action cannot be maintained, under the laws of Virginia, upon an administration bond, until a devastavit shall have been established in a suit against the administrator.

*419Debt [by Gilpin, judge of the orphans’ court, for the use of Faxon] on the administration bond of Crandell, who was a surety in Dyson’s administration bond, for the non-payment of a debt due from Dyson, the intestate, and for which a judgment had been recovered by Faxon against Dyson’s administratrix. The defendant pleaded that Dyson’s administratrix had performed the conditions of the administration bond. The plaintiff replied that she had not, in this: that Faxon had recovered judgment against 'her de bonis intestatoris, for ¡foil, upon which a fieri facias was returned nulla bona, and that she had assets, but wasted them; to which there was a general replication and issue.

K. J. Lee, for defendant,

contended that he had a right to prove a devastavit in this case, in the same manner as if the plea had been pleaded by Dyson’s administratrix herself in a suit against her.

Hut

THE COURT

(nem. con.) was of opinion, under the decisions in Virginia, that this suit was not maintainable; as no devas-tavit had been established in a suit against Dyson’s administratrix.

[See Case No. 4,705.]
#### UNITED STATES, Appellee v JERRY L. HENRY, Sergeant, U. S. Air Force, Appellant

No. 30,492

August 29, 1975

*Colonel William E. Cordingly*and *Major Bruce R. Houston*were on the pleadings for Appellant, Accused.

*Colonel C. F. Bennett*and *Captain Alvin E. Schlechter*were on the pleadings for Appellee, United States.

OPINION OF THE COURT

Per Curiam:

The appellant stands convicted by general court-martial before members of assault with the intent to commit voluntary manslaughter in violation of Article 134, Uniform Code of Military Justice, 10 USC §934.1 We granted review to determine whether the military judge’s instructions to the court on that offense were prejudicially erroneous.

When setting forth the various elements of assault with intent to commit voluntary manslaughter, including the necessity to find that the appellant intended to commit voluntary manslaughter, the military judge defined voluntary manslaughter in a manner which allowed the court to find the appellant guilty if he intended either to kill the victim or to inflict great bodily harm. This instruction was erroneous because only an intent to kill will suffice. *United States v Pitts,*12 USCMA 634, 31 CMR 220 (1962). *See United States v Malone,*4 USCMA 471, 16 CMR 45 (1954).

The decision of the United States Air Force Court of Military Review is reversed. The record of trial is returned to the Judge Advocate General of the Air Force. A rehearing may be ordered.

1

 The appellant was charged with an assault with the intent to commit murder but was found guilty of only the lesser included offense.
May 16, 1946

No. 51145.

Suit 4500.

#### United *States*v. *J. E. Bernard & Co., Inc.*

C. D. 887 reversed March 30, 1946. C. A. D. 331.
#### Wovencraft Hosiery Co., Inc. *v.*United States

No. 7381.

Invoice dated Shepshed, England, May 9, 1946.

Certified May 15, 1946.

Entered at New York, N. Y., June 6, 1946.

Entry No. 766541 #2.

(Decided September 15, 1947)

*Herman Goldman (Bahette Kurtz*of counsel) for the plaintiff.

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

Cole, Judge

(Abstract): This appeal for reappraisement of various items of merchandise concerns the so-called British purchase tax, described in the law of the United Kingdom entitled, “Finance (No. 2) Act 1940 3 & 4 Geo. 6 Ch. 48.” The said tax was held not to be an item to be included in foreign value as defined in section 402 (c) of the Tariff Act of 1930 as amended by the Customs Administrative Act of 1938 (19 U. S. C. § 1402 (cl). *United States*v. *Wm S. Pitcairn Corp.,*33 C. C. P. A. 183, C. A. D. 334.

The agreed set of facts, embodied in the stipulation of submission, establishes that export value, section 402 (d) of the Tariff Act of 1930 (19 U. S. C. § 1402 (d)) is the proper basis for appraisement of the instant merchandise, and that such statutory values of the articles in question are the appraised values, less additions made by the importer on entry because of advances in similar cases.
# C_2007297EN.01001801.xml

| 8.12.2007 | EN | Official Journal of the European Union | C 297/18 |
| --- | --- | --- | --- |

8.12.2007

EN

Official Journal of the European Union

C 297/18

---

Judgment of the Court (Seventh Chamber) of 27 September 2007 — Commission of the European Communities v French Republic

(Case C-9/07) (1)

1

(Failure of a Member State to fulfil obligations - Directive 2002/74/EC - Protection of employees in the event of the insolvency of their employer - Failure to transpose within the prescribed period)

(2007/C 297/28)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: J. Enegren and G. Rozet, acting as Agents)

Applicant:

Defendant: French Republic (represented by: G. de Bergues and O. Christmann, acting as Agents)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Failure to adopt within the prescribed period the provisions necessary to comply with Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 2002 L 270, p. 10)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, the French Republic has failed to fulfil its obligations under that directive. |
| --- | --- |

1.

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, the French Republic has failed to fulfil its obligations under that directive.

| 2. | Orders the French Republic to pay the costs. |
| --- | --- |

2.

Orders the French Republic to pay the costs.

---

(1)  OJ C 69 of 24.3.2007.

1

---
null

440.6329
I 

118TH CONGRESS 

2D SESSION H. R. 9280 

To amend title 10, United States Code, to include the program of advanced 

training in the Senior Reserve Officers’ Training Corps in the computation of the length of service in the Armed Forces of an individual 

appointed as an officer on the basis of satisfactorily completing the 

requirements of such program. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2024 

Mr. PAPPAS (for himself, Mr. MOYLAN, and Mr. GOLDEN of Maine) introduced the following bill; which was referred to the Committee on Armed 

Services 

A BILL 

To amend title 10, United States Code, to include the program of advanced training in the Senior Reserve Officers’ Training Corps in the computation of the length 

of service in the Armed Forces of an individual appointed 

as an officer on the basis of satisfactorily completing 

the requirements of such program. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Save the Green to Gold 

5 Program Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 9280 IH

1 SEC. 2. INCLUSION OF SERVICE IN SROTC IN THE COM2 PUTATION OF LENGTH OF SERVICE AN OFFI3 CER APPOINTED FOR COMPLETING SROTC. 

4 Subsection (c) of section 2106 of title 10, United 

5 States Code, is amended— 

6 (1) by striking ‘‘August 1, 1979, as a member 

7 of the Selected Reserve.’’ and inserting an em dash; 

8 and 

9 (2) by adding at the end the following new 

10 paragraphs: 

11 ‘‘(1) August 1, 1979, as a member of the Se12 lected Reserve; or 

13 ‘‘(2) the date of the enactment of the Save the 

14 Green to Gold Program Act, regardless of the com15 ponent in which the officer performed such enlisted 

16 service.’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Amendment to the Outstanding Option Grant Agreements--Henry R. Wolfe


 Exhibit 10.11 
 CONFIDENTIAL AND PRIVILEDGED 
 August 11, 2008 
 Henry R. Wolfe, Ph.D. 
 c/o Genaera Corporation 
 5110 Campus Drive 
 Plymouth Meeting, PA 19462 
  

	Re:	Amendment to Outstanding Option Grant Agreements  

 Dear Hank:

 Genaera is amending the outstanding Option Grant Agreements awarded to you, as listed on Schedule A, to hereby add the following language as new
Item 12 to the Option Grant Agreements pertaining to the Amended 2004 Stock-Based Incentive Compensation Plan and the Amended 1998 Equity Compensation Plan: 
 Employment Agreement. In the event of any conflict between the terms of this Agreement and Grantee’s existing or future employment agreement with the Company, if any, the terms of such employment agreement
shall control. 
 Except as amended above, all other terms and conditions of your Option Grant Agreements shall remain in full force and effect. 

Please indicate your acceptance of this amendment by your signature below and return to Human Resources by August 15, 2008. 
  

	
	 /s/ John L. Armstrong, Jr.

	John L. Armstrong, Jr.
	President and Chief Executive Officer

  

			
	Accepted:	 	 /s/ Henry R. Wolfe

		
	Date:	 	August 13, 2008







 Schedule A 
  


								
	 Grant Date
	  	 Option Plan
	  	Grant Price	  	Granted
	 5/18/2007
	  	1998 Plan	  	$	2.75	  	100,000
	 9/26/2007
	  	1998 Plan	  	$	2.98	  	275,000
	 4/8/2005
	  	2004 Plan	  	$	13.32	  	1,677
	 4/8/2005
	  	2004 Plan	  	$	31.32	  	8,334
	 7/14/2005
	  	2004 Plan	  	$	10.02	  	2,500
	 12/8/2005
	  	2004 Plan	  	$	8.13	  	4,167
	 7/17/2006
	  	2004 Plan	  	$	3.12	  	4,167
	 7/27/2006
	  	2004 Plan	  	$	2.88	  	4,167
	 12/12/2006
	  	2004 Plan	  	$	2.22	  	12,500