alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Philip LEON a/k/a Carlos Harden, Petitioner, v. Michael MOORE, Secretary of Florida Department of Corrections, and State of Florida, Respondents.

No. 99-750.

District Court of Appeal of Florida, Third District.

May 19, 1999.

Philip Leon, in proper person.

Robert A. Butterworth, Attorney General, for respondents.

Before COPE, LEVY and SORONDO, JJ.

*On Motion for Rehearing*

PER CURIAM.

On consideration of the petitioner’s motion for rehearing, we withdraw the ruling issued April 1, 1999, and substitute the following opinion.

Philip Leon, also known as Carlos Harden, petitions for a writ of habeas corpus, asserting that his appellate counsel was ineffective for failing to raise on direct appeal the claim that the evidence of the value of merchandise the defendant was charged with stealing was inadmissible hearsay. Petitioner urges that, had the objection been sustained, there would have been a failure of proof of the value of the merchandise, and that he would have been *514convicted only of a misdemeanor, instead of a third-degree felony. *See*§ 812.014(2)(c),(3).

At the time of petitioner’s direct appeal, *see Harden v. State,*718 So.2d 1248 (Fla. 3d DCA 1998), the Fourth District had squarely held admissible the testimony of a store employee “as to the contents of a price tag that was affixed to an item of merchandise on the day appellant was accused of stealing the merchandise. In our view this testimony did not constitute hearsay as contemplated by the provisions of the Florida Evidence Code.... ” *Watson v. State,*415 So.2d 128 (Fla. 4th DCA 1982). *See generally Scott v. State,*519 So.2d 734 (Fla. 3d DCA 1988). The fact that the First District has recently come to a different conclusion on similar facts, *see Lukaj v. State,*24 Fla. L. Weekly D621, 729 So.2d 965 (Fla. 1st DCA 1999), is immaterial. The effectiveness of appellate counsel is judged as of the time of the appeal. *See Strickland v. Washington,*466 U.S. 668, 689, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). (“A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct *from counsel’s perspective at the time.”)*(emphasis added). “The ineffectiveness of appellate counsel cannot be based upon the failure of counsel to assert a theory of law which was not at the time of the appeal fully articulated or established in the law.” *Alvord v. State,*396 So.2d 184, 191 (Fla.1981); *see also Villavicencio v. State,*719 So.2d 322 (Fla. 3d DCA 1998).

Petition denied.
December 16, 1960

Reap. Dec. 9878.

#### Joseph Tanous *v.*United States,

REHEARING MOTION GRANTED

Entered at Laredo, Tex. Reap. Dec. 9817. Motion by plaintiff.
No. 42084.

#### Protest 102215-G of Abraham & Straus, Inc. (New York).

Opinion by

Tilson, J.

In accordance with stipulation of counsel articles «embroidered and in part of lace, similar to those involved in *Pustet*v. *United States*(13 Ct. Cust. Appls. 530, T. D. 41396), and laces like those the subject of *Amrein*v. *United States*(T. D. 49551) were held dutiable at 75 percent under paragraph 1430 as claimed.
Case No. 14,022.

#### TIBBS et al. v. PARROTT.

[1 Cranch, C. C. 177.] 1

Circuit Court, District of Columbia.

July Term, 1804.

Pleading at Law — Amendment—Inserting Individual Names.

When an action is brought in the name of a mercantile firm, the court will suffer the declaration to be amended by inserting the names of the several persons who compose the firm.

[Cited in Addison v. Duckett. Case No. 77; Georgetown v. Beatty, Id. 5,344.]

Mr. Swann, for plaintiffs,

moved to amend the declaration by specifying the names of the company.

Mr. Mason asked if there was any thing to amend by, and cited the cases of Nicholls v. Harrison, decided at December term, 1802 (not reported), which was a refusal by the court (Marshall, Chief Judge, and Cranch, Circuit Judge, against the opinion of Kilty, *1197Chief Judge), to allow covenant to be changed to case, or case to covenant.

[For subsequent proceedings, see Case No. 14,023.]

THE COURT

(nem. con.) allowed Mr. Swann to amend, it being a different amendment from the one mentioned by Mr. Mason, and not changing the cause of action; but THE COURT expressed an unwillingness to extend the rule further than it had been.
99-1008 (La. 4/23/99)

#### STATE ex rel. Garry Neil PRATER v. STATE of Louisiana.

No. 99-KH-1008.

Supreme Court of Louisiana.

April 23, 1999.

IN RE: Prater, Garry Neil; — Plaintiffs); Applying for Supervisory and/or Remedial Writ; to the Court of Appeal, Third Circuit, Number KW98-0285; Parish of Beauregard 36th Judicial District Court Div. “B” Number CR320-96

Denied.

CALOGERO, C.J. not on panel.
II 

112TH CONGRESS 

1ST SESSION S. 1717 

To prevent the escapement of genetically altered salmon in the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 17, 2011 

Mr. BEGICH (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To prevent the escapement of genetically altered salmon in 

the United States, and for other purposes. 

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 ‘‘Prevention of 

5 Escapement of Genetically Altered Salmon in the United 

6 States Act’’. 

7 SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED 

8 SALMON. 

9 It shall be unlawful for a person to— 


SMARTINEZ on DSK6TPTVN1PROD with BILLS
2 

•S 1717 IS

1 (1) ship, transport, offer for sale, sell, or pur2 chase genetically altered salmon or other marine 

3 fish, or a product containing genetically altered 

4 salmon or other marine fish, in interstate or foreign 

5 commerce; or 

6 (2) have custody, control, or possession of, with 

7 the intent to ship, transport, offer for sale, sell, or 

8 purchase genetically altered salmon or other marine 

9 fish, or a product containing genetically altered 

10 salmon or other marine fish, in interstate or foreign 

11 commerce. 

12 SEC. 3. ENFORCEMENT AND PENALTIES. 

13 (a) ENFORCEMENT.—The Secretary of Commerce 

14 may enforce section 2 in the same manner, by the same 

15 means, and with the same jurisdiction, powers, and duties 

16 provided under sections 308, 309, 310, and 311 of the 

17 Magnuson-Stevens Fishery Conservation and Manage18 ment Act (16 U.S.C. 1858, 1859, 1860, 1861). 

19 (b) PENALTIES.—A person who violates section 2 

20 shall be subject to the penalties, and entitled to the privi21 leges and immunities, under sections 308, 309, 310, and 

22 311 of the Magnuson-Stevens Fishery Conservation and 

23 Management Act (16 U.S.C. 1858, 1859, 1860, 1861). 

24 SEC. 4. DEFINITIONS. 

25 In this Act— 


SMARTINEZ on DSK6TPTVN1PROD with BILLS
3 

•S 1717 IS

1 (1) the term ‘‘allotransgenic’’ means a geneti2 cally modified organism produced with genes from 

3 another species; 

4 (2) the term ‘‘autotransgenic’’ means a geneti5 cally modified organism produced by rearranging a 

6 species’ own genome; and 

7 (3) the term ‘‘genetically altered salmon or 

8 other marine fish’’ means transgenic, 

9 autotransgenic, or allotransgenic salmon or other 

10 marine fish. 

Æ 


SMARTINEZ on DSK6TPTVN1PROD with BILLS
#### In the Matter of Joan Gatto et al., Appellants, v Suffolk County Department of Social Services et al., Respondents.

[701 NYS2d 100]

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Health, dated December 24, 1996, which, after a fair hearing, found that neither the petitioner Jeanette Cotraro, nor her husband Vincent Cotraro could deduct the taxes and maintenance on their marital premises from the payments they made for their nursing home care.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The respondent New York State Department of Health (hereinafter the NYSDOH) determined after a fair hearing that the petitioner Jeanette Cotraro, and Vincent Cotraro (hereinafter the Cotraros) could not deduct the taxes and maintenance on their marital premises from the payments they made for their nursing home care. The petitioners do not dispute that the Cotraros were required to pay all of their rental income toward the cost of their nursing home care, but argued that they could deduct the taxes and maintenance on the marital premises from the calculation of their rental *386income. The NYSDOH determined at the fair hearing that the Cotraros were not responsible for paying the taxes and maintenance on the marital premises after they entered the nursing home. Therefore, those expenses could not be deducted from their rental income, and they were required to pay their entire rental income toward their nursing home care.

Contrary to the petitioners’ contention, the determination was supported by substantial evidence. It is well settled that an administrative determination is supported by substantial evidence when the evidence consists of “such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” *(300 Gramatan Ave. Assocs. v State Div. Human Rights,*45 NY2d 176, 180). There was substantial evidence at the fair hearing to support the determination that the Cotraros were not responsible for paying the taxes and maintenance on the marital premises after they entered the nursing home. O’Brien, J. P., Ritter, Santucci and Florio, JJ., concur.
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# Pacer Classic III mods give T-38 new life

By Alex R. LloydOgden Air Logistics Complex

                HILL AIR FORCE BASE, Utah  –              *Editor's note: The original story can be viewed on the Hill Air Force Base website.*

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T-38aircraftmaintenancePacer Classic IIIsustainmentmodificationsOgden Air Logistics Complex575th Aircraft Maintenance Squadronpartsaircraft partsrepair
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# New pump house supplies fuel directly to flightline

By Senior Airman Ridge Shan56th Fighter Wing Public Affairs

                LUKE AIR FORCE BASE, Ariz.  –              *Editor's note: The original story can be viewed on the Luke Air Foce Base website.*

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fuelrefuel56th Logistics Readiness SquadronLuke Air Force Basepump house
EXHIBIT 32.1



CERTIFICATION 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 of The McClatchy Company
(the Company) on Form 10-K for the fiscal year ended December 28, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gary B. Pruitt, 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 the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |     |  |                       |  |                                       
|-------------------- |  |  |  | --- |  | --------------------- |  | --------------------------------------
|                     |  |  | 
|Dated: March 2, 2009 |  |  |  | By: |  | /s/    GARY B. PRUITT
|                     |  |  |  |     |  |                       |  | Gary B. Pruitt Chief Executive Officer
P.1 

OAR Box 1830 

Prepped by Ollie Stewart 

Document Number: 

53) IV-C-19 

Docket Number: 

A-87-11 

Printed 11/13/2008 7:20:53 AM Sheet 53 of 232 
P.2 

*> -T__ \ 

8 ^SB-? I UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

V^W ^ WASHINGTON, D.C. 20460 

JAN - 4 1988 

OFFICE OF 

AIR AND RADIATION 

Honorable Harold L. Volkmer 

House of Representatives 

Washington, DC 20515 

Dear Mr. Volkmer: 

Thank you for passing along the comments of Mr. Tom Boland 

concerning EPA's proposal to require onboard refueling emission 

controls. Be assured that these comments will be considered as 

we proceed with a final decision. We will also be placing the 

correspondence in the public docket for the Rule (Docket No. 

A-87-11). 

Thank you again for your concern in this matter. 

Sincerely vours, 

ORIGINAL SIGNED BY 

RICHARD a miso n 

Richard D. Wilson 

Director, Office of Mobile Sources 
P.3 

ENVIRONMENTAL PROTECTION 

AGENCY 

JAN 2 5 1988 

»yyKgT
No. 48119.

#### Protest 943400-G of Quong Wo Cheung (New York).

Opinion by

Cline, J.

It was stipulated that the merchandise consists of candied, crystallized, or glace fruits not *eo nomine*provided for in the Tariff Act of 1930, imported from China after June 15, 1936. In accordance therewith, the claim at 25 percent under paragraph 752 and T. D. 48316 was sustained as to certain of the items.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 34 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
H. CON. RES. 34

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas Percy Julian was born on April 11, 1899, in Montgomery, Alabama, the son 
        of a railway clerk and the first member of his family to attend college, 
        graduating from DePauw University in 1920, receiving a M.S. degree from 
        Harvard University in 1923 and a Ph.D. from the University of Vienna in 
        1931;
Whereas in 1935 Dr. Julian became the first to discover a process to synthesize 
        physostigmine, the drug used in the treatment of glaucoma;
Whereas Dr. Julian later pioneered a commercial process to synthesize cortisone 
        from soy beans and yams, enabling the widespread use of cortisone as an 
        affordable treatment of arthritis;
Whereas Dr. Julian was the first African American chemist elected to the 
        National Academy of Sciences in 1973 for his lifetime of scientific 
        accomplishments, held over 130 patents at the time of his death in 1975, 
        and dedicated much of his life to the advancement of African Americans 
        in the sciences; and
Whereas Dr. Julian's life story has been documented in the PBS NOVA film 
        ``Forgotten Genius'': Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring),  
That the Congress honors the life of Percy Lavon Julian, a pioneer in 
the field of organic chemistry research and development and the first 
and only African American chemist to be inducted into the National 
Academy of Sciences.

            Passed the House of Representatives January 31, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                            H. CON. RES. 34

_______________________________________________________________________

                         CONCURRENT RESOLUTION

  Honoring the life of Percy Lavon Julian, a pioneer in the field of 
   organic chemistry research and development and the first and only 
 African American chemist to be inducted into the National Academy of 
                               Sciences.
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-1472

ROLINDIS NGWEMENCHU ATANGA, 

 Petitioner, 

 v. 

ERIC H. HOLDER, JR., Attorney General, 

 Respondent. 

On Petition for Review of an Order of the Board of Immigration 

Appeals.

Submitted: November 18, 2009 Decided: December 18, 2009 

Before MICHAEL, MOTZ, and SHEDD, Circuit Judges. 

Petition denied by unpublished per curiam opinion. 

Peter Nyoh, PETER NYOH & ASSOCIATES, Silver Spring, Maryland, 

for Petitioner. Tony West, Assistant Attorney General, Jennifer 

L. Lightbody, Senior Litigation Counsel, Channah M. Farber, 

Office of Immigration Litigation, UNITED STATES DEPARTMENT OF 

JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. 
PER CURIAM: 

 Rolindis Ngwemenchu Atanga, a native and citizen of 

Cameroon, petitions for review of an order of the Board of 

Immigration Appeals dismissing her appeal from the immigration 

judge’s denial of her requests for asylum, withholding of 

removal, and protection under the Convention Against Torture. 

 Atanga first challenges the determination that she 

failed to establish her eligibility for asylum. To obtain 

reversal of a determination denying eligibility for relief, an 

alien “must show that the evidence [s]he presented was so 

compelling that no reasonable factfinder could fail to find the 

requisite fear of persecution.” INS v. Elias-Zacarias, 502 U.S. 

478, 483-84 (1992). We have reviewed the evidence of record and 

conclude that Atanga fails to show that the evidence compels a 

contrary result. We therefore find that substantial evidence 

supports the denial of relief. 

 Additionally, we uphold the denial of Atanga’s request 

for withholding of removal. “Because the burden of proof for 

withholding of removal is higher than for asylum--even though 

the facts that must be proved are the same--an applicant who is 

ineligible for asylum is necessarily ineligible for withholding 

of removal under [8 U.S.C.] § 1231(b)(3).” Camara v. Ashcroft, 

378 F.3d 361, 367 (4th Cir. 2004). Because Atanga failed to 

2 
3 

show that she is eligible for asylum, she cannot meet the higher 

standard for withholding of removal. 

 Accordingly, we deny the petition for review.∗ We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

PETITION DENIED

 ∗

 Atanga has failed to raise any challenges to the denial of 

her request for protection under the Convention Against Torture. 

She has therefore waived appellate review of this claim. See

Ngarurih v. Ashcroft, 371 F.3d 182, 189 n.7 (4th Cir. 2004) 

(finding that failure to raise a challenge in an opening brief 

results in abandonment of that challenge); Edwards v. City of 

Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999) (same).