alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED IN

COURT OF CRIMINALAPPEALS

August 27, 2015

ABELACOSTA, CLERK

HARLEM HAROLD LEWIS, III

V.

THE STATE OF TEXAS

No. AP-77,045

AP-77,045

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 8/27/2015 3:05:22 PM

Accepted 8/27/2015 4:03:08 PM

ABEL ACOSTA

CLERK

IN THE COURT

OF CRIMINAL APPEALS

AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME

COMES NOW, appellant, by and through his attorney of record, Gerald E. Bourque, and

in accordance with Rule 10.5(b) of The Texas Rules of Appellate Procedure, hereby requests an

extension oftime in which to file his Brief and would respectfully show:

1. Name of Trial Court: 351st District Court

2. Trial Court Style: 1428102, The State ofTexas v. Harlem Harold Lewis, III

3. Offense: Capital Murder

4. Punishment assessed: Death

5. Present Filing Deadline: September 7, 2015

6. Length of Extension Requested: 60 days

7. Number of Previous Extensions: One by current counsel ~~

8. Good Cause for this Extension is as follows: This is a capital murder case and

counsel was not the trial counsel. The record is voluminous and the case is

complex. Counsel was appointed to replace prior appellate counsel and has been

studying the entire record in order to identify potential issues, conduct the necessary

research, and complete the brief for appellant. The voluminous record requires an

inordinate amount of time in order to complete these tasks. These tasks are

necessary to provide the effective assistance of counsel.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully files this motion

before the expiration ofthe filing deadline, and prays for the requested extension.

Respectfully submitted,

/s/Gerald E. Bourque

GERALD E. BOURQUE

Appointed Counsel for Appellant

Attorney at Law

24 Waterway Ave., Suite 660

The Woodlands, TX 77380

(713)862-7766

FAX: (832) 813-0321

gerald@geraldebourque.com

TBL #02716500

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy ofthe foregoing Motion was served upon the

counsel for the State by U.S. Mail on the date offiling hereof.

/s/Gerald E. Bourque

GERALD E. BOURQUE
No. 99-1109.

#### Eimers *v.*New York.

County Ct., Chautauqua County, N. Y. Certiorari denied.
No. 44372.

#### Protest 874967-G of M. Minami & Co., Inc. (New York).

Opinion by

Kincheloe, J.

Following the authorities cited in. Abstract 15400 the court dismissed the protest.
II 

109TH CONGRESS 

1ST SESSION S. 1290

To appropriate $1,975,183,000 for medical care for veterans. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2005

Mrs. MURRAY introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL

To appropriate $1,975,183,000 for medical care for veterans.

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

3 That the following sum is appropriated, out of any money 

4 in the Treasury not otherwise appropriated, for the De5 partment of Veterans Affairs for the fiscal year ending 

6 September 30, 2005, namely: 

7 DEPARTMENT OF VETERANS AFFAIRS 

8 VETERANS HEALTH ADMINISTRATION

9 MEDICAL SERVICES

10 For necessary expenses for furnishing, as authorized 

11 by law, outpatient and inpatient care and treatment to 

12 beneficiaries of the Department of Veterans Affairs and 
2

•S 1290 IS 

1 veterans as described in paragraphs (1) through (8) of 

2 section 1705(a) of title 38, United States Code, including 

3 care and treatment in facilities not under the jurisdiction 

4 of the department and including medical supplies and 

5 equipment and salaries and expenses of health-care em6 ployees hired under title 38, United States Code, and to 

7 aid State homes as authorized under section 1741 of title 

8 38, United States Code; $1,975,183,000 plus reimburse9 ments: Provided, That of the amount under this heading, 

10 $610,183,000 shall be available to address the needs of 

11 servicemembers deployed for Operation Iraqi Freedom and 

12 Operation Enduring Freedom; Provided further, That of 

13 the amount under this heading, $840,000,000 shall be 

14 available, in equal amounts of $40,000,000, for each Vet15 erans Integrated Service Network (VISN) to meet current 

16 and pending care and treatment requirements: Provided 

17 further, That of the amount under this heading, 

18 $525,000,000 shall be available for mental health care and 

19 treatment, including increased funding for centers for the 

20 provision of readjustment counseling and related mental 

21 health services under section 1712A of title 38, United 

22 States Code (commonly referred to as ‘‘Vet Centers’’), in23 creased funding for post traumatic stress disorder 

24 (PTSD) programs, funding for the provision of primary 

25 care consultations for mental health, funding for the provi-
3

•S 1290 IS 

1 sion of mental health counseling in Community Based 

2 Outreach Centers (CBOCs), and funding to facilitate the 

3 provision of mental health services by Department of Vet4 erans Affairs facilities that do not currently provide such 

5 services: Provided further, That the amount under this 

6 heading shall remain available until expended.

Æ
[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Notices]
[Page 40403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19896]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES ENRICHMENT CORPORATION


Sunshine Act Meeting

AGENCY: United States Enrichment Corporation Board of Directors.

TIME AND DATE: 8:00 a.m., Wednesday, July 20, 1997.

PLACE: USEC Corporate Headquarters, 6903 Rockledge Drive, Bethesda, 
Maryland 20817.

STATUS: Part of this meeting will be open to the public. The balance of 
the meeting will be closed.

MATTERS TO BE CONSIDERED:

PORTION OPEN
    <bullet> Chairman's Award Presentation
PORTIONS CLOSED
    <bullet> Review of commercial, operational and financial issues of 
the Corporation.

CONTACT PERSON FOR MORE INFORMATION: Barbara Arnold, 301-564-3354.

    Dated: July 23, 1997.
William H. Timbers, Jr.,
President and Chief Executive Officer.
[FR Doc. 97-19896 Filed 7-24-97; 10:54 am]
BILLING CODE 8720-01-M
Exhibit
32.2





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 Quarterly Report of American Spectrum Realty, Inc.(the
“Company”) on Form 10-Q for the period ending March 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony
Eppolito, Chief Financial Officer of the Company, certify, pursuant to and for
purposes of 18 U.S.C. §1350, as adopted pursuant to § 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 of the Company as of the dates indicated
      and results of operations of the Company for the period
      indicated.





Dated:  May
10, 2010





/s/
      G. Anthony EppolitoG.
      Anthony EppolitoVice
      President and Chief Financial
Officer
CERTIFICATION
      OF CHIEF FINANCIAL OFFICER


PURSUANT
      TO 18 U.S.C. SECTION 1350AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the accompanying Quarterly Report On Form 10-QSB of
      Global Wataire,
      Inc. for the quarter ending November 30, 2008, I, Edmund J.
      Gorman, Chief Financial
      Officer of Global Wataire, Inc., hereby certify 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 quarter ending , 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
      quarter ending , fairly presents, in all material respects, the
      financial condition and results of operations of Global Wataire, Inc.





Dated: January
      21, 2008





/s/ Edmund
      J.
      Gorman


Edmund
      J.
      Gorman , Chief Financial Officer of


Global
      Wataire, Inc.
No. 00-6598.

#### Luman *v.*Williams, Warden, et al.

C. A. 10th Cir. Certiorari denied.
#### Joseph FODOR and Helen Fodor, Appellants, v. Claude L. DUVOISIN et al., Appellees.

No. 76-2371.

District Court of Appeal of Florida, Fourth District.

July 1, 1977.

Peter N. Hanna, Fort Lauderdale, for appellants.

William E. Boyle, Buck & Tatum, Fort Lauderdale, for appellee-Duvoisin.

PER CURIAM.

The trial judge in his findings and final judgment specifically stated that he had “ . . . reviewed Circuit Court File No. 74-3233, being Joint Exhibit No. B, received into evidence 10-7-1976 . . ..” Copy of court file No. 74-3233 is not a part of the record on appeal. The trial court’s finding was not based solely upon the agreed stipulation of fact by counsel (Joint Exhibit No. A) which is a part of the record on appeal. We cannot say that the trial court’s finding is wrong unless we have the same record that was before the trial court. *Steinhauer v. Steinhauer,*236 So.2d 665 (Fla. 4th DCA 1976).

AFFIRMED.

DOWNEY, ALDERMAN and DAUKSCH, JJ., concur.
No. 00-718.

#### Knowlton *v.*Bransford et al.

C. A. D. C. Cir. Certiorari denied.
#### Norris H. BARR, Appellant, v. Ruth O. BARR, Appellee.

No. 76-2222.

District Court of Appeal of Florida, Third District.

March 29, 1977.

*1327Weiss & McDonald, Hollywood, for appellant.

Sabatino & Doyle, Bay Harbor Island, for appellee.

Before NATHAN and HUBBART, JJV and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

This is an interlocutory appeal by the husband, Norris H. Barr, from an order of the Dade County Circuit Court denying the husband’s motion to transfer cause to Bro-ward County Circuit Court, and finding that the Dade County Circuit Court has jurisdiction of the parties.

A petition for dissolution of marriage was filed by the wife, Ruth 0. Barr, in Dade County Circuit Court. The husband was served in Broward County, and he proceeded to file a sworn “motion to dismiss and/or transfer for improper venue”, stating that the parties were married in Hollywood, Broward County, Florida, on December 20, 1975; that in April of 1976, they separated, the separation being effectuated at Bro-ward County; that when the marriage became irretrievably broken and at the time of the separation, the parties were living in Broward County; that at all times material, the husband was and is a bona fide resident of Broward County; that in accordance with Section 47.011, Florida Statutes, venue would only be proper in the Broward County Circuit Court; and that jurisdiction does not lie in Dade County.

The wife then filed an affidavit of domicile stating that at the time of the filing of the petition for dissolution of marriage, she was a resident of Dade County; and that she is and has been employed at Mount Sinai Medical Center in the recovery room, Miami Beach, Florida.

There was a hearing on the husband’s “motion to dismiss and/or transfer for improper venue.” The trial court entered its order denying the motion, and this interlocutory appeal ensued.

As held in *Carroll v. Carroll,*322 So.2d 53, 57 (Fla. 1st DCA 1975), for purposes of Section 47.011, Florida Statutes (1975), which provides that,

> “Actions shall be brought only in the county where the defendant resides, *where the cause of action accrued,*or where the property in litigation is located. . . .” (emphasis supplied)

a cause of action for dissolution of marriage arises in the Florida county in which the parties were last present with a common intent to remain married. In our opinion, this holding is dispositive of the venue issue in this case, and we find that the only county in which venue is proper is Broward. See *Winter v. Curtis,*311 So.2d 815 (Fla. 3d DCA 1975), and *Auritt v. Auritt,*334 So.2d 68 (Fla. 3d DCA 1976).

Therefore, the trial court erred in denying the husband’s motion to transfer to Broward County, and we reverse. This cause is remanded to the trial court with directions to enter an order transferring the action to the Circuit Court of Broward County as provided for by Rule 1.060, Fla.R. Civ.P.

Reversed and remanded.
**Exhibit 23.0**

**Consent of Independent Registered Public Accounting Firm**

The Boardof Directors and Shareholders 

Planar Systems, Inc. and subsidiaries: 

We consent to the incorporation by reference in the registration statements (File Nos. 33-82696, 33-82688, 33-90258, 333-45191, 333-37502, 333-86886, 333-101145, 333-101147, 333-101148, 333-123684,333-138064, and 333-138063) on Form S-8 of Planar Systems, Inc. of our report dated December 1, 2009, with respect to the consolidated balance sheets of Planar Systems, Inc. as of September 25, 2009 and September 26, 2008, and therelated consolidated statements of operations, shareholders’ equity and comprehensive loss and cash flows for each of the years in the three-year period ended September 25, 2009, which report appears in the September 25, 2009 annualreport on Form 10-K of Planar Systems, Inc. 

Our report dated December 1, 2009, on the consolidated financial statements, contains anexplanatory paragraph that states, as discussed in Note 18 to the consolidated financial statements, in the year ended September 28, 2007, Planar Systems, Inc. and subsidiaries adopted SEC staff Accounting Bulletin (SAB) No. 108, which wasincorporated into the Codification within ASC Topic 250, “Accounting Changes and Error Corrections” (“ASC Topic 250”). 

/s/ KPMG LLP 

December 1, 2009
Back to Contents

**Exhibit 32.2**

**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 Savient Pharmaceuticals, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Lawrence A. Gyenes, ChiefFinancial Officer and Treasurer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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. |
|   |   |                                                                                                                                                 |

|   | By:                                                                        | /s/ Lawrence A. Gyenes               |
|--------|----------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------|
|   | Lawrence A. GyenesChief Financial Officer and TreasurerMarch 30, 2005 |

A signed original of this written statement required by Section 906 has been provided to Savient Pharmaceuticals, Inc. and will be retained by Savient Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

----
Exhibit 32.2



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 Quarterly Report of Big Sky Industries III, Inc. (the Company) on Form 10-Q for the period ending December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ramon Chimelis, Treasurer of the Company, certify, pursuant to 18 U.S.C. 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: January 27, 2009



/s/ Ramon Chimelis

Ramon Chimelis, Treasurer

Big Sky IndustriesI II, Inc.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>  
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM ADVANCED NMR SYSTEMS, INC. FORM 10-K FOR
THE PERIOD ENDED SEPTEMBER 30, 1996, AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS. 
</LEGEND>        
        
<S>                                  <C>
<MULTIPLIER>				     1	
<PERIOD-TYPE>                           12-MOS
                    <FISCAL-YEAR-END>                      SEP-30-1996
                    <PERIOD-END>                           SEP-30-1996
                    <CASH>                              3,287,880
                    <SECURITIES>                                0
                    <RECEIVABLES>                      10,474,083
                    <ALLOWANCES>                        2,459,000
                    <INVENTORY>                           526,597
                    <CURRENT-ASSETS>                   12,832,406
                    <PP&E>                             12,341,475
                    <DEPRECIATION>                      2,759,911
                    <TOTAL-ASSETS>                     50,724,530
                    <CURRENT-LIABILITIES>              19,568,395
                    <BONDS>                            20,178,356
                    <PREFERRED-MANDATORY>                       0
                    <PREFERRED>                                22
                    <COMMON>                              341,808
                    <OTHER-SE>                         23,476,593
                    <TOTAL-LIABILITY-AND-EQUITY>       50,724,530
                    <SALES>                                     0
                    <TOTAL-REVENUES>                   26,134,238
                    <CGS>                                       0
                    <TOTAL-COSTS>                      16,205,961
                    <OTHER-EXPENSES>                    4,254,964
                    <LOSS-PROVISION>                    2,126,471
                    <INTEREST-EXPENSE>                  1,847,910
                    <INCOME-PRETAX>                      (798,702)
                    <INCOME-TAX>                           42,288 
                    <INCOME-CONTINUING>                  (840,990)
                    <DISCONTINUED>                     (7,439,269)          
                    <EXTRAORDINARY>                             0
                    <CHANGES>                                   0
		                  <NET-INCOME>                      (8,280,259)
                    <EPS-PRIMARY>                           (.27)
                    <EPS-DILUTED>                           (.01)
                             



</TABLE>
[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Pages 4311-4312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2086]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
[ORD-081-CN; ORD-082-CN; ORD-083-CN; ORD-091-CN; ORD-094-CN]


Medicaid Program; New and Pending Demonstration Project Proposals 
Submitted Pursuant to Section 1115(a) of the Social Security Act: 
August and September 1995; October 1995; November 1995; July 1996; and 
October 1996; Correction

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Correction.

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

SUMMARY: In the following Federal Register documents delete the entry 
and description for the Montana Mental Health Access Plan as a 
``pending'' section 1115 demonstration proposal.
    <bullet> Federal Register document 95-30066, in the issue of 
December 11, 1995, page 63535, second column.
    <bullet> Federal Register document 95-30559, in the issue of 
December 15, 1995, page 64443, first column.
    <bullet> Federal Register document 96-824, in the issue of January 
23, 1996, page 1772, first column.
    <bullet> Federal Register document 96-23116, in the issue of 
September 11, 1996, page 47949 third column.
    <bullet> Federal Register document 96-31237, in the issue of 
December 9, 1996, page 64916, third column.
    In Federal Register document No. 95-30066, in the issue of December 
11, 1995, on page 63536, first column, the narrative information under 
the heading ``5. Disapproval Proposals'' should read as follows:
    ``5. Disapproval Proposals

[[Page 4312]]

    The Montana Mental Health Access Plan Section 1115 Demonstration 
Proposal was disapproved on September 13, 1995 for the following 
reasons:
    <bullet> It would not have provided a comprehensive range of 
services to the expansion population, that is, the expansion population 
would not be eligible to receive physical health benefits under the 
demonstration; and
    <bullet> It would have shifted the costs of state-funded mental 
health services to the Federal Government.''

(Catalog of Federal Domestic Assistance Program, No. 93.779; Health 
Financing Research, Demonstrations, and Experiments)

    Dated: January 23, 1997.
Barbara Cooper,
Acting Director, Office of Research and Demonstrations.
[FR Doc. 97-2086 Filed 1-28-97; 8:45 am]
BILLING CODE 4120-01-P
EXHIBIT 32.1

NOBEL LEARNING COMMUNITIES, INC.

CERTIFICATIONS PURSUANT TO

SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE

In connection with the Annual Report of Nobel Learning Communities, Inc. (the Company) on Form 10-K for the year ended July 1, 2006, as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, George H. Bernstein, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that based on my knowledge:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ George H. Bernstein                          
|Name: George H. Bernstein Chief Executive Officer

Date: September 15, 2006