alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Derrick Leverne SMITH and Fred Lee Brown, Petitioners, v. STATE of Florida, Respondent.

No. JJ-122.

District Court of Appeal of Florida, First District.

March 23, 1978.

Rehearing Denied April 4, 1978.

Clinton H. Coulter, Jr. of Duvall & Coulter, Tallahassee, for petitioners.

*428Robert L. Shevin, Atty. Gen., and Charles Musgrove, Asst. Atty. Gen., Tallahassee, for respondent.

SMITH, Judge.

Petitioners are charged with the life felony of committing a sexual battery by penile-vaginal penetration of a woman aged 25, without her consent, and in the process using or threatening to use a deadly weapon or using actual physical force likely to cause serious personal injury. Sec. 794.-011(3), Florida Statutes (1977). The circuit court denied petitioners release on reasonable bail on the ground that the proof of guilt is evident or the presumption great. Petitioners went forward with the evidence before the trial court and adduced the testimony of all likely witnesses. No weapon was involved. The complaining witness testified:

> Q. You said that your arm was behind you?

> A. Oh, yes. All of the time. And I said, “Oh, my God.” And Derrick [Smith] had his arms, you know, around my head. And this arm was behind me all of the time. And I said, “Oh, my God, please don’t hurt me.”

> Q. Were they holding your arm behind you?

> A. Yes, they was.

> Q. What is wrong with your arm, Audrey?

> A. I had a stroke when I was in the ninth grade.

> Q. Did they hurt you?

> A. Yes, they really did. They bruised me and, you know, I saw a welt when I was — let me see, that night Mama said, — I took a bath and I saw a welt, you know, on me, I couldn’t bear it.

The officer who witnessed and interrupted the assault by the third of three men testified that the victim’s “crying and begging him to stop” could be heard throughout the house over music which was “playing real loud.”

Force likely to produce “serious personal injury” is defined by Section 794.-011(1)(e) as force likely to cause “great bodily harm or pain, permanent disability, or permanent disfigurement.” In their application for bail on this alleged life felony, the burden was on petitioners to show from the evidence that the proof is not evident or the presumption great. “If [the evidence] establishes no more than a probability of guilt bail should be granted.” *Larkin*v. *State, 51*So.2d 185 (Fla.1951).

There is no evidence of the use of force likely to cause permanent disability or disfigurement. The question is whether there was evident proof of force likely to cause great bodily injury or great pain. A welt is not great bodily injury, and there is no evidence of force having a likelihood to cause great bodily injury. There was evident proof of great pain — proof given by the woman and corroborated by the officer. Given the triple assault, the victim’s physical impairment, and the wrenching of her lame arm, there was evident proof of great bodily pain. The measure of proof required by *State ex rel. Hyde v. Thursby,*184 So.2d 505 (Fla. 1st DCA 1966) was satisfied.

The petition is DENIED.

McCORD, C. J., and ERVIN, J., concur.
# C_2023339EN.01000801.xml

| 26.9.2023 | EN | Official Journal of the European Union | C 339/8 |
| --- | --- | --- | --- |

26.9.2023

EN

Official Journal of the European Union

C 339/8

---

COUNCIL DECISION

of 18 September 2023

adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2023

(2023/C 339/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,

Whereas:

| | |
| --- | --- |

HAS DECIDED AS FOLLOWS:

Sole Article

The Council’s position on draft amending budget No 3 of the European Union for the financial year 2023 was adopted on 18 September 2023.

The full text (3) is available for consultation or download on the Council’s Internet: https://www.consilium.europa.eu/documents-publications/public-register/public-register-search/.

Done at Brussels, 18 September 2023.

For the Council

The President

L. PLANAS PUCHADES

---

(1)  
  OJ L 193, 30.7.2018, p. 1.

1

(2)  
  OJ L 58, 23.2.2023, p. 1.

2

(3)  Doc. 12435/23 + ADD 1.

3

---
No. 9328.

#### The Cleveland, Cincinnati, Chicago & St. Louis Railway Co. *v.*Bost.

(Decided February 20, 1906.)

Error to Circuit Court of Clark county.

*Messrs. Bowman & Bowman,*for plaintiff in error.

*Mr. John L. Zimmerman*and *Mr. W. W. Witmeyer,*for defendant in error.

Judgment affirmed.

Shauck, C. J., Price and Crew, JJ., concur.
**EXHIBIT
      23.1**





**Consent
      of Independent Registered Public Accounting Firm**











The
      Board
      of Directors


Stewardship
      Financial Corporation





We
      consent to incorporation by reference in the Registration Statements on Form
      S-8
      (File Nos. 333-20793, 333-31245, 333-87842 and 333-135462) and the Registration
      Statements on Form S-3 (File Nos. 333-20699, 333-54738 and 333-133632) of
      Stewardship Financial Corporation on our report dated March 28, 2007, on the
      consolidated financial statements of Stewardship Financial Corporation which
      report is included in Form 10-K for Stewardship Financial Corporation for the
      year ended December 31, 2006.








/s/
      Crowe Chizek and Company LLC


Livingston,
      New Jersey


March
      28,
      2007
```
[Federal Register Volume 62, Number 169 (Tuesday, September 2, 1997)]
[Notices]
[Page 46251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23163]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. TM98-1-115-000]

Sumas International Pipeline Inc.; Notice of Rate Filing

August 26, 1997.
    Take notice that on August 22, 1997, Sumas International Pipeline 
Inc. (SIPI), tendered for filing as part of its FERC Gas Tariff, 
Original Volume No. 2, the following tariff sheets, with a proposed 
effective date of October 1, 1997:

Seventh Revised Sheet No. 4

    SIPI states that the above tariff sheet reflects the new ACA unit 
surcharge rate of $.0021 per DKTh.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 385.214). All such motions 
or protests must be filed in accordance with Section 154.210 of the 
Commission's Regulations. Protests will be considered by the Commission 
in determining the appropriate action to be taken, but will not serve 
to make protestants parties to the proceeding. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public 
inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-23163 Filed 8-29-97; 8:45 am]
BILLING CODE 6717-01-M
```
```
[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Notices]
[Page 47073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23614]

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

PHYSICIAN PAYMENT REVIEW COMMISSION

Commission Meeting

AGENCY: Physician Payment Review Commission.

ACTION: Notice of meeting.

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

SUMMARY: The Commission will hold its next public meeting on Thursday, 
September 18, 1997 and Friday, September 19, 1997, at the Sheraton City 
Centre, 1143 New Hampshire Avenue, NW., Washington, DC. The meeting 
will be in the New Hampshire One and Two rooms. The meetings are 
tentatively scheduled to begin at 9 a.m. on September 18th and 19th.
    Among the topics the Commission will discuss are:

 its work plan for the coming year,
 key provisions of the Balanced Budget Act of 1997,
 access to care for Medicare beneficiaries,
 implementation of practice expense relative values,
 development of resource-based malpractice expense relative 
values,
 risk adjustment,
 Medicare spending, and
 federal premium contribution.

    The Commission will also be briefed by John Eisenberg, M.D. 
concerning the agenda of the Agency for Health Care Policy and 
Research, and Janet Corrigan, Ph.D. concerning the work of the 
President's Advisory Commission on Consumer Protection and Quality. A 
panel on the progress of AHCPR's Consumer Assessment of Health Plans is 
also planned.
    Final agendas will be mailed on September 12, 1997 and will be 
available on the Commission's web site (www.pprc.gov) at that time.

ADDRESSES: 2120 L Street, NW.; Suite 200; Washington, DC 20037. The 
telephone number is 202/653-7220.

FOR FURTHER INFORMATION CONTACT:
Ann Johnson, Executive Assistant, at 202/653-7220.

SUPPLEMENTARY INFORMATION: If you are not on the Commission mailing 
list and wish to receive an agenda, please call 202/653-7220 after 
September 12, 1997.
Lauren LeRoy,
Executive Director.
[FR Doc. 97-23614 Filed 9-4-97; 8:45 am]
BILLING CODE 6820-SE-M
```
#### William JENNINGS, Jr., Appellant, v. STATE of Florida, Appellee.

No. 68-1093.

District Court of Appeal of Florida. Third District.

Nov. 4, 1969.

Rehearing Denied Dec. 8, 1969.

*118Robert L. Koeppel, Public Defender, and Robert E. Metzker, and Arthur L. Rothen-berg, Asst. Public Defenders, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and SWANN, JJ.

HENDRY, Judge.

The appellant was informed against for the crime of armed robbery; he stood trial with a co-defendant, Grady Jenkins, and both defendants pleaded not guilty to the charges and were tried without a jury. They were both adjudicated guilty and sentenced for the crime charged. Co-defendant Jenkins has prosecuted a separate appeal which has been heard by this court, Jenkins v. State, Fla.App.1969, Third District Court of Appeal, 228 So.2d 114, released on this date.

Appellant Jennings poses as his first point on appeal the same contention advanced by his co-defendant, to-wit: whether the trial court erred by failing to appoint separate counsel for himself and his co-defendant. We hereby hold, as we do in the appeal taken by this appellant’s co-defendant, that no error was committed. See Jenkins v. State, supra; Belton v. State, Fla. 1968, 217 So.2d 97; State v. Youngblood, Fla.1968, 217 So.2d 98; Jackson v. State, Fla.App.1969, 221 So.2d 222.

As his second point on appeal, the appellant contends that the court erred in denying defense counsel’s motion for continuance. Since such motion is addressed to the sound judicial discretion of the trial court, we have searched the record and have concluded that none of the acts complained of would support a finding that the court’s judicial discretion was abused. Therefore, we hold that the appellant has failed to carry his burden of demonstrating such abuse.

Accordingly, the judgment and conviction being appealed is affirmed.

Affirmed.
No. 40545.

#### Protests 887291-G, etc., of Greenberg & Josefsberg et al. (New York).

Opinion by

Dallinger, J.

In accordance with stipulation of counsel the paper weights in question were held dutiable at 40 percent under paragraph 339 as claimed.
EXHIBIT 99.2

                            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 accompanying Quarterly Report of CyberAds, Inc.
(the "Company") on Form 10-Q for the period ending September 30, 2002, as filed
with the Securities and Exchange commission on the date hereof (the "Report"),
I, Robert B. Kline, principal accounting 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, to the best of my knowledge, 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 fully presents, in all
material respects, the financial condition and results of operations of the
Company.


By:  /s/ Robert B. Kline
     -------------------
     December 26, 2002
IN THE SUPREME COURT OF THE STATE OF DELAWARE

VARIS AIZUPITIS,

Defendant Below,

Appellant,

v.

STATE OF DELAWARE,

Plaintiff Below,

Appellee.

§

§ 

§ No. 107, 2019

§

§ Court Below—Superior Court

§ of the State of Delaware

§ 

§ Cr. ID No. 9507001267 (N)

§

§

§

Submitted: September 20, 2019

Decided: November 27, 2019

Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.

ORDER

After careful consideration of the parties’ briefs and the record on appeal, we 

conclude that the judgment below should be affirmed on the basis of the Superior 

Court’s well-reasoned opinion, dated February 19, 2019 and corrected on March 6, 

2019,

1 denying the appellant’s first motion for postconviction relief.

BY THE COURT:

/s/Gary F. Traynor

Justice

 

1 Aizupitis v. State, 2019 WL 1077687 (Del. Super. Ct. Feb. 19, 2019).
II 

109TH CONGRESS 

1ST SESSION S. 1762 

To establish a first responder interoperable communications grant program. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2005 

Mrs. BOXER (for herself, Mr. LAUTENBERG, and Mr. DAYTON) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To establish a first responder interoperable communications 

grant 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 ‘‘First Responders 

5 Interoperable Communications Act of 2005’’. 

6 SEC. 2. COMMUNICATION SYSTEM GRANTS. 

7 (a) IN GENERAL.—The Secretary of Homeland Secu8 rity is authorized to make grants, on a competitive basis, 

9 to States, local governments, local law enforcement agen10 cies, and local fire departments to assist in— 
2 

•S 1762 IS

1 (1) improving communication systems to allow 

2 for real-time, interoperable communication between 

3 State and local first responders; or 

4 (2) the purchase of communication systems that 

5 allow for real-time, interoperable communication be6 tween such State and local first responders. 

7 (b) APPLICATION.—Any State, local government, 

8 local law enforcement agency, or local fire department that 

9 desires to receive a grant under subsection (a) shall sub10 mit an application to the Secretary, in such form and con11 taining such information as prescribed by the Secretary. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary in each of fiscal years 2006 through 2010, to carry 

15 out this section. 

Æ
Order filed February 6, 2018. 

In The

Fourteenth Court of Appeals

____________

NO. 14-18-00057-CV

____________

OSCAR ROMERO III, Appellant

V.

D. R. KIDD COMPANY, INC. D/B/A KIDD ROOFING, Appellee

On Appeal from the 200th District Court

Travis County, Texas

Trial Court Cause No. D-1-GN-17-001123

O R D E R

The clerk’s record was filed December 22, 2017. Our review has determined 

that a relevant item has been omitted from the clerk’s record. See Tex. R. App. P.

34.5(c). The record does not contain the Notice of Nonsuit as to Defendant, 

Connie Romero Favella, dated October 9, 2017.
The Travis County District Clerk is directed to file a supplemental clerk’s 

record on or before February 16, 2018, containing the Notice of Nonsuit as to 

Defendant, Connie Romero Favella, dated October 9, 2017.

If the omitted item is not part of the case file, the district clerk is directed to 

file a supplemental clerk’s record containing a certified statement that the omitted 

item is not a part of the case file.

PER CURIAM
EX-10.5



 Exhibit 10.5 

PROMISSORY NOTE 
  

			
	$600,000.00	  	September 30, 2015

 FOR VALUE RECEIVED, Unilife Corporation, a corporation organized under the laws of the Commonwealth of
Pennsylvania (the “Payor”), hereby promises to pay to Alan Shortall (the “Payee”), the principal amount of $600,000.00, together with interest on the unpaid balance of the principal amount from time to time outstanding, from
September 30, 2015 until repayment in full of the principal amount, at a rate equal to the minimum applicable federal rate. 
 The
principal amount of this Promissory Note, together with interest accrued and unpaid through the date of payment, shall be payable on demand, subject to the right of the Company’s lender to consent to the repayment. All such amounts shall be
payable at 250 Cross Farm Lane, York, Pennsylvania 17406 or such other place as the Payee shall specify to the Payor. 
 The Payor may at
any time and from time to time prepay all or any portion of the principal sum of this Promissory Note without penalty or premium. 
 The
Payor hereby waives presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Promissory Note, and all other notices in connection with the delivery, acceptance, performance, default,
or enforcement of the payment of this Promissory Note. 
 If any provision of this Promissory Note is held to be invalid or unenforceable by
a court of competent jurisdiction, the other provisions of this Promissory Note shall remain in full force and effect in order to give effect to the provisions of this Promissory Note. 

This Promissory Note is made and delivered in and shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to choice
of law rules. 
 IN WITNESS WHEREOF, the undersigned has caused this Promissory Note to be executed the day and year first above written.

  

			
	UNILIFE CORPORATION
		
	By:	 	 /s/ David Hastings

	Name:	 	David Hastings
	Title:	 	Senior Vice President & Chief Financial Officer
[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Proposed Rules]
[Page 44435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22110]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 97-176; RM-9141]


Radio Broadcasting Services; Roscoe, SD

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: The Commission requests comments on a petition filed by West 
Wind Broadcasting proposing the allotment of Channel 287A at Roscoe, 
South Dakota, as the community's first local aural transmission 
service. Channel 287A can be allotted to Roscoe in compliance with the 
Commission's minimum distance separation requirements at city reference 
coordinates. The coordinates for Channel 287A at Roscoe are North 
Latitude 45-27-00 and West Longitude 99-20-12.

DATES: Comments must be filed on or before October 6, 1997, and reply 
comments on or before October 21, 1997.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, his counsel, or consultant, as follows: Victor A. 
Michael, Jr., President, West Wind Broadcasting, c/o Magic City Media, 
1912 Capitol Avenue, Suite 300, Cheyenne, Wyoming 82001 (Petitioner).

FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 97-176, adopted August 6, 
1997, and released August 15, 1997. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room 239), 1919 M Street, NW., 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., (202) 857-3800, 1231 20th Street, NW., 
Washington, DC 20036.
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 97-22110 Filed 8-20-97; 8:45 am]
BILLING CODE 6712-01-P
254 La. 641

#### STATE of Louisiana v. Lawrence “Bob” GREEN.

No. 50070.

Supreme Court of Louisiana.

Sept. 4, 1969.

In re: Lawrence “Bob” Green applying for writs of certiorari, mandamus and prohibition.

The application is denied. The showing made does not warrant the exercise of our supervisory jurisdiction.
Exhibit 21

US ONCOLOGY HOLDINGS, INC. AND US ONCOLOGY, INC.

Subsidiaries of the Registrant

(All are Delaware entities unless otherwise indicated)

US Oncology, Inc.

AccessMed Holdings, LLC

AccessMed, LLC

US Oncology Corporate, Inc.

AOR Real Estate, LLC

RMCC Cancer Center, LLC

AOR Management Company of Indiana, LLC

AOR Holding Company of Indiana, LLC

AOR of Indiana Management Partnership

AOR Management Company of Missouri, LLC

AOR Management Company of Arizona, LLC

AOR Management Company of Oklahoma, LLC

AOR Management Company of Pennsylvania, LLC

AOR Management Company of Virginia, LLC

AOR of Texas Management, LLC (1)

AORT
Holding Company, Inc.

AOR Synthetic Real Estate, LLC

Physician Reliance Network, LLC

US Oncology Research, LLC (1)

Physician Reliance, LLC (1)

Iowa
Pharmaceutical Services, LLC

New Mexico Pharmaceutical Services, LLC

North Carolina Pharmaceutical Services, LLC

SelectPlus Oncology, LLC

Nebraska Pharmaceutical Services, LLC

US
Oncology Pharmaceutical Services, LLC

East Indy CC, LLC (2)

Greenville Radiation Care, Inc.

St. Louis Pharmaceutical Services, LLC

Texas Pharmaceutical Services, LLC

TOPS
Pharmacy Services, Inc. (1)

Cancer Treatment Associates of Northeast Missouri, Ltd., LP

Southeast Texas Cancer Centers, LP (1)

AOR
Real Estate of Greenville, LP

KCCC JV, LLC

Oregon Cancer Center, Ltd. (4)

Colorado Cancer Centers, L.L.C.

The Carroll County Cancer Center, LP (3)

MDH-USO Management Company, LP

MDH-USO General, LLC

Metropolitan Integrated Cancer Care, LCC

Pharmacy Holdings, LLC

US Oncology Specialty, LP

Oncology Rx Care
Advantage, LP

Oncology Market Focus, LP

Oncology Today, LP

USON Insurance Company

USON Risk Retention Company, Inc.

US Oncology Reimbursement Solutions, LLC



|(1) | Organized in the State of Texas
|--- | -------------------------------



|(2) | Organized in the State of Indiana
|--- | ---------------------------------



|(3) | Organized in the State of Maryland
|--- | ----------------------------------



|(4) | Organized in the State of Oregon
|--- | --------------------------------