alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Roger Dean HILL, Appellant, v. STATE of Florida, Appellee.

No. 76-2503.

District Court of Appeal of Florida, Fourth District.

Jan. 17, 1978.

Rehearing Denied March 7, 1978.

Richard L. Jorandby, Public Defender, and Stuart A. Young, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.

BURNSTEIN, MIETTE K., Associate Judge.

This was an appeal from a conviction of appellant for a rape which allegedly occurred on March 3, 1974. Alan Carl McDonald, who was present at the scene during the incident was called as a court’s witness. During the examination of McDonald, the witness stated that he had absolutely no recollection of the incident in question and that he did not remember seeing appellant at the scene on the date in question.

The prosecutor, over strenuous objection by defense counsel, attempted to refresh the recollection of the witness by playing a tape recorded statement made by the witness in September, 1974. The tape was played in the full presence of the jury. The court subsequently instructed the jury that: “The tape itself was not introduced into evidence. The conversation on the tape was presented to refresh the memory of the court witness, and it should be so considered.” Defense counsel moved the trial court for a mistrial which motion was denied. This appeal followed.

A witness’ memory may be jogged by reference to prior statements and a prior statement may be considered for impeachment purposes and not as substantive evidence. *Pitts v. State,*333 So.2d 109 (Fla. 1st DCA 1976). However, prejudicial error may be committed when the contents of a statement are introduced as evidence where a court witness stated that he did not recall making the statement. *Rankin*v. *State,*143 So.2d 193 (Fla.1962). Furthermore, in *Oliver v. State,*239 So.2d 637 (Fla. 1st DCA 1970), the court held that error was committed where the court’s witness testified to *117having no memory of the incident and where the prosecution, under the guise of refreshing his recollection, read questions and answers to the witness from a prior statement. Although in *Oliver,*the error was felt to be harmless, this record does not so reflect. Prosecutor’s closing statements indicate reliance upon the evidence adduced only through the playing of the tape.

Many courts have indicated that the playing of such tapes can be permitted to refresh a witness’ memory — but that such procedure should be utilized outside the presence of the jury. *U. S. v. McKeever,*271 F.2d 669 (2d Cir. 1959); *State v. Gonya,*107 R.I. 594, 268 A.2d 729 (1970); *Breeding v. Reed,*253 Iowa 129, 110 N.W.2d 552 (1961).

Accordingly, we REVERSE and REMAND for new trial consistent with this opinion.

DOWNEY and DAUKSCH, JJ., concur.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 11, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-50081

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAIME MENOTTI-OCHOA, also known as Peralbo Flores-Villa,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas 

USDC No. 3:06-CR-1569-ALL

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

Before JOLLY, CLEMENT, and OWEN, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Jaime MenottiOchoa raises arguments that are foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998), which held that

8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate

criminal offense. The Government’s motion for summary affirmance

is GRANTED, and the judgment of the district court is AFFIRMED.
**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 quarterly report of Magyar Bancorp, Inc. (the “Company”) on
      Form 10-QSB for the quarter ended March 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Elizabeth E.
      Hance, President and Chief Executive Officer of the Company, 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, 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.











Date:
      May
      15, 2006





/s/
      Elizabeth E. Hance


Elizabeth
      E. Hance


President
      and Chief Executive Officer







26
From: "King, Heidi R." <Heidi_R._King@omb.eop.gov>

To: Lydia Wegman/RTP/USEPA/US@EPA

Cc: Bridgid Curry/DC/USEPA/US@EPA, "Mancini, Dominic J. " <Dominic_J._Mancini@omb.eop.gov>, Joseph-J Dou g Crabtree/RTP/USEPA/US@EPA

Date: 01/22/2010 10:49 PM Subject: RE: Further thoughts on econ signif issue

Could EPA share the memo that documents edits prior to publication, just so that I can demonstrate this isn't going to print with that designation?

-----Original Message----- From: Wegman.Lydia@epamail.epa.gov [mailto:Wegman.Lydia@epamail.epa.gov]

Sent: Friday, January 22, 2010 10:46 PM To: King, Heidi R. Cc: Curry.Bridgid@epamail.epa.gov; Mancini, Dominic J.; Dougherty.Joseph-J@epamail.epa.gov; Montoro.Marta@epamail.epa.gov; Jenkins.Scott@epamail.epa.gov; Crabtree.Tricia@epamail.epa.gov Subject: Further thoughts on econ signif issue

I think we should leave it as it is because I'm not honestly sure and I

don't think I can reach Ron now. I don't think it hurts us to leave it as it is, do you?

From: "King, Heidi R." <Heidi_R._King@omb.eop.gov>

To: Lydia Wegman/RTP/USEPA/US@EPA, "Mancini, Dominic J."

<Dominic_J._Mancini@omb.eop.gov>

Cc: Bridgid Curry/DC/USEPA/US@EPA, Marta Montoro/DC/USEPA/US@EPA, Joseph-J Dougherty/DC/USEPA/US@EPA, Scott Jenkins/RTP/USEPA/US@EPA,

Tricia Crabtree/RTP/USEPA/US@EPA

Date: 01/22/2010 10:36 PM

Subject: RE: Updated version of the NO2 final noticeLydia, does EPA want to retain "economically significant" designation in Section VIII? As strange as it seems to say this about a NAAQS, I don't

believe this rule meets the definition.

h

-----Original Message----- From: Wegman.Lydia@epamail.epa.gov [mailto:Wegman.Lydia@epamail.epa.gov]

Sent: Friday, January 22, 2010 10:33 PM To: King, Heidi R.; Mancini, Dominic J. Cc: Curry.Bridgid@epamail.epa.gov; Montoro.Marta@epamail.epa.gov; Dougherty.Joseph-J@epamail.epa.gov; Jenkins.Scott@epamail.epa.gov; Crabtree.Tricia@epamail.epa.gov Subject: Fw: Updated version of the NO2 final notice

Here's the track changes version.

(See attached file: NO2 primary NAAQS-final (1-22-2010 track changes).doc.docx)
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Exhibit 32.1

** **

** **

 

 

 

In connection with theAnnual Report on Form 10-K of Davidson Diversified Real Estate I, L.P. (the"Partnership"), for the fiscal year ended December 31, 2008 as filed with theSecurities and Exchange Commission on the date hereof (the "Report"), Steven D.Cordes, as the equivalent of the chief executive officer of the Partnership, andStephen B. Waters, as the equivalent of the chief financial officer of thePartnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of his knowledge:

 

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)   Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Partnership.

 

 

This certification isfurnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of2002 and shall not be deemed filed by the Partnership for purposes of Section 18of the Securities Exchange Act of 1934, asamended.
```
[Federal Register Volume 62, Number 151 (Wednesday, August 6, 1997)]
[Notices]
[Page 42262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20683]

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

INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

Overseas Private Investment Corporation

Submission for OMB Review; Comment Request

AGENCY: Overseas Private Investment Corporation, IDCA.

ACTION: Request for comments.

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

SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. 
Chapter 35), agencies are required to publish a Notice in the Federal 
Register notifying the public that the Agency is preparing an 
information collection request for OMB review and approval and to 
request public review and comment on the submission. Comments are being 
solicited on the need for the information, its practical utility, the 
accuracy of the Agency's burden estimate, and on ways to minimize the 
reporting burden, including automated collection techniques and uses of 
other forms of technology. The proposed form under review is summarized 
below.

DATES: Comments must be received on or before October 6, 1997.

ADDRESSES: Copies of the subject form and the request for review 
prepared for submission to OMB may be obtained from the Agency 
Submitting Officer. Comments on the form should be submitted to the 
Agency Submitting Officer.

FOR FURTHER INFORMATION CONTACT:
OPIC Agency Submitting Officer: Lena Paulson, Manager, Information 
Center, Overseas Private Investment Corporation, 1100 New York Avenue, 
N.W., Washington, D.C. 20527; 202/336-8565.
    Summary Of Form Under Review:
    Type of Request: Revised form.
    Title: OPIC Expedited Screening Questionnaire--Downstream 
Investments.
    Form Number: OPIC-168.
    Frequency of Use: Once per project submission.
    Type of Respondents: OPIC fund managers.
    Standard of Industrial Classification Codes: All.
    Description of Affected Public: OPIC fund managers.
    Reporting Hours: 1 hour per form.
    Number of Responses: 150 per year.
    Federal Cost: $918 per year.
    Authority for Information Collection: Section 231 (a-l) of the 
Foreign Assistance Act of 1961, as amended.
    Abstract (Need and Uses): This application will be sent to OPIC's 
fund managers. The fund managers will complete the information for 
companies in which the Fund proposes to invest. The information 
collected will be reviewed to determine the expected effects of the 
projects on the U.S. economy and employment, as well as on the 
environment, economic development, and worker rights abroad.

    Dated: August 1, 1997.
James R. Offut,
Assistant General Counsel, Department of Legal Affairs.
[FR Doc. 97-20683 Filed 8-5-97; 8:45 am]
BILLING CODE 3210-01-M
```
Exhibit 32.2 - SECTION 906 CFO CERTIFICATION


                        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 Absolute Glass Protection, Inc.
(the "Company") on Form 10-QSB for the period ending December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report").
I, Michael I. Kling, Chief Financial Officer 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, to the best of my knowledge and belief:

               (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
                     result of operations of the Company.


/s/ Michael I. Kling
----------------------------
    Michael I. Kling
    Chief Financial Officer


Date  February 20, 2003
      -----------------
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00657-CV

Sue A. Taylor, Appellant

v. The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW OF COMAL COUNTY NO. 2003CV-0194, HONORABLE BRENDA CHAPMAN, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N
Appellant Sue A. Taylor appeals from the judgment entered against her by the trial
court on a bail bond she signed as agent for A merican Contractors Indemnity Co. d/b/a Texas Bonding Co. Appellee the State of Texas has filed a letter brief conceding that appellant did not sign the bond as a surety herself and is not liable o n the bond. The State having confessed error, we

reverse the trial court’s judgment and render judgment that the State take nothing in its action against appellant.

__________________________________________ Jan P. Patterson, Justice Before Chief Justice Law, Justices Patterson and Puryear Reversed and Rendered Filed: May 27, 2004
<Page>

                                                                    EXHIBIT 31.1

                                  CERTIFICATION

I, OC Kim, certify that:

1. I have reviewed this annual report on Form 10-KSB of Franklin Wireless Corp.;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with
respect to the period covered by this annual report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act rules 13a-14 and 15d-14) for the registrant and we have:

         a. Designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;

         b. Evaluated the effectiveness of the registrant's disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures as of the end of the
period covered by this report based on such evaluation; and

        c. Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting.

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

         a. All significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

         b. Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls.


Date: March 30, 2007                                      /s/ OC Kim
                                                              -----------------
                                                              OC Kim, President
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# Army, DLA officials plan way ahead for equipment reductions, sustained readiness 

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Army/DLA Daydisposition servicesdemilwarfighter support
122 STAT. 4336 PUBLIC LAW 110–412—OCT. 14, 2008 

Public Law 110–412 

110th Congress 

An Act 

To amend the Homeland Security Act of 2002 to improve the financial assistance 

provided to State, local, and tribal governments for information sharing activities, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Personnel Reimbursement for 

Intelligence Cooperation and Enhancement of Homeland Security 

Act of 2008’’ or the ‘‘PRICE of Homeland Security Act’’. 

SEC. 2. CLARIFICATION ON USE OF FUNDS. 

Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 

609) is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘Grants’’ and all that follows through ‘‘used’’ and inserting 

the following: ‘‘The Administrator shall permit the recipient 

of a grant under section 2003 or 2004 to use grant funds’’; 

and 

(B) in paragraph (10), by inserting ‘‘, regardless of 

whether such analysts are current or new full-time 

employees or contract employees’’ after ‘‘analysts’’; and 

(2) in subsection (b)— 

(A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and 

(B) by inserting after paragraph (2) the following: 

‘‘(3) LIMITATIONS ON DISCRETION.— 

‘‘(A) IN GENERAL.—With respect to the use of amounts 

awarded to a grant recipient under section 2003 or 2004 

for personnel costs in accordance with paragraph (2) of 

this subsection, the Administrator may not— 

‘‘(i) impose a limit on the amount of the award 

that may be used to pay for personnel, or personnelrelated, costs that is higher or lower than the percent 

limit imposed in paragraph (2)(A); or 

‘‘(ii) impose any additional limitation on the portion of the funds of a recipient that may be used 

for a specific type, purpose, or category of personnel, 

or personnel-related, costs. 

‘‘(B) ANALYSTS.—If amounts awarded to a grant 

recipient under section 2003 or 2004 are used for paying 

salary or benefits of a qualified intelligence analyst under 

subsection (a)(10), the Administrator shall make such 

Personnel 

Reimbursement 

for Intelligence 

Cooperation and 

Enhancement of 

Homeland 

Security Act 

of 2008. 

6 USC 101 note. 

Oct. 14, 2008 

[H.R. 6098] 


dkrause on GSDDPC44 with PUBLIC LAWS
PUBLIC LAW 110–412—OCT. 14, 2008 122 STAT. 4337 

LEGISLATIVE HISTORY—H.R. 6098: 

HOUSE REPORTS: No. 110–752 (Comm. on Homeland Security). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

July 29, considered and passed House. 

Sept. 27, considered and passed Senate, amended. 

Sept. 29, House concurred in Senate amendment. 

Æ 

amounts available without time limitations placed on the 

period of time that the analyst can serve under the grant.’’. 

Approved October 14, 2008. 


dkrause on GSDDPC44 with PUBLIC LAWS