alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Joe Nathan CLOWERS, Appellant, v. STATE of Florida, Appellee.

No. 39284.

Supreme Court of Florida.

Feb. 3, 1971.

John Gale, of Gale & Goldman, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for ap-pellee.

PER CURIAM.

This cause is before us on appeal from the Circuit Court, Dade County. Our jurisdiction arises under Section 4, Article V, of the Florida Constitution, F.S.A., *141which gives this Court jurisdiction of direct appeals from “judgments imposing the death penalty.”

Appellant, Joe Nathan Clowers, was convicted of murder in the first degree without recommendation of mercy in the death by strangulation and poisoning of one Tracy Eric Vellner. The deceased was a young child and the appellant forced him to drink poison for the avowed purpose of revenge against the child’s mother. The appellant not only confessed to the authorities but told his aunt and his cousin as well of the foul deed.

The sole point raised on appeal is the alleged error of the trial court in admitting into evidence appellant’s written statement. At the time the statement was taken, appellant was in the custody of the Dade County Sheriff’s Department and was not represented by counsel. Appellant had admittedly been fully advised of his rights, including the right to have counsel provided. Appellant contends, however, that even though he refused the offer of counsel, the statement he made should not have been admitted into evidence because at the time he made the statement he was not in fact assisted by counsel. This contention is obviously without merit. The State may not force a person to be represented by counsel, any more than it can deny counsel. The right to counsel can be waived.

The evidence shows that appellant is of “high average intelligence” and the record reveals that he freely and voluntarily waived counsel at the time he made the statement in question.

The sufficiency of the evidence is not expressly made a ground of the appeal, but we have reviewed the evidence as required by Florida Statutes § 924.32, F.S.A., to determine whether the interests of justice require a new trial. We find that apel-lant’s five-day trial was singularly free of error and that the evidence more than amply sustains and merits the conviction.

Accordingly, the judgment of the trial court is affirmed.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD and DREW (Retired), JJ., and MURPHREE, Circuit Judge, concur.
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#### Elsie KRAMER, as Administratrix of the Estate of George Kramer, Deceased, and Elsie Kramer, individually, Appellant, v. Richard J. SMITH, Appellee.

No. 70-520.

District Court of Appeal of Florida, Third District.

May 4, 1971.

Rehearing Denied June 11, 1971.

PER CURIAM.

Affirmed.
#### Laverne Lee GRANDE, Riggs Lilly v. Cecil C. BARNES, Sr. and Catherine Barnes, In the interest of the Minor, Martha Gay Riggs.

No. 4276.

Court of Appeal of Louisiana, Fourth Circuit.

July 6, 1970.

William N. Landry, Jr., Gretna, for plaintiff-appellant.

William R. Martin, New Orleans, for defendant-appellee.

Before REGAN, CHASEZ and D0-MENGEAUX, JJ.

DOMENGEAUX, Judge.

This matter came before us on a motion to dismiss the appeal herein filed by defendants-appellees on the grounds that the appeal was not lodged in the court of appeal on or after the return date set by the trial court of April 22, 1970, due to the failure of the plaintiff-appellant to pay the costs of the appeal in the Juvenile Court for the Parish of Jefferson. No mention is made, however, in either the motion to dismiss or in the answer to the motion to dismiss of whether the appellant timely *64filed the appeal bond of $500.00 required by the trial court’s order granting the appeal.

Under these circumstances, we look to article 2088 of the Louisiana Code of Civil Procedure which in relevant part provides:

> “The jurisdiction of the trial court over all matters in the case reviewable under the appeal is divested, and that of the appellate court attaches, on the timely filing of the appeal bond, or if no bond is required, on the granting of the order of appeal. * * * ”

It follows quite obviously that if we are not informed of whether the appeal bond was timely filed we cannot assert jurisdiction over this matter.

Accordingly, the motion to dismiss the appeal is denied.

Motion denied.
EXHIBIT 32.2


                   CERTIFICATION PURSUANT TO RULE 13a-14(b) OR

                      RULE 15d-14(b) and 18 U.S.C. ss.1350,

                             AS ADOPTED PURSUANT TO

                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the quarterly  report of Pangea  Petroleum  Corporation  (the
"Company")  on Form 10-QSB for the period ended March 31, 2005 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Scott
Duncan, Chief Financial Officer of the Company,  certify,  pursuant to 18 U.S.C.
ss.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.

Date: May 11, 2005                  By: /s/ Scott Duncan
                                        ----------------
                                        Scott Duncan
                                        Chief Financial Officer
#### Bertha B. LEE, Plaintiff-Appellant, v. F. C. DOYAL, Jr., Administrator of the Department of Employment Security, State of Louisiana, et al., Defendants-Appellees.

No. 11476.

Court of Appeal of Louisiana, Second Circuit.

Sept. 15, 1970.

Ike F. Hawkins, Jr., Shreveport, for plaintiff-appellant.

Marion Weimer, James A. Piper, James A. McGraw, Baton Rouge, for defendants-appellees.

Before AYRES, DIXON and PRICE, JJ-

DIXON, Judge.

This is an appeal by a claimant for unemployment compensation benefits (under R.S. 23:1630) from an adverse ruling in the district court. The district court upheld the Louisiana Board of Review, which had previously affirmed the decision of the Referee.

The findings of the Referee are as follows :

> “The claimant worked for this employer a period of five and one-half months. Her work duties consisted of various duties in a laundry type establishment. She is five feet, seven inches tall, weighs 160 pounds and thirty four years of age. On her last day of work the claimant was assigned to filling a laundry tumbler with wet clothes and she told the employer that she would not do the specific task. She gave as the reason that she had pulled a muscle in her side and her side was sore. She had not been to a doctor. This was not the first occasion the claimant had refused to do an assigned duty. She was terminated.”

The Referee’s opinion pointed out that the claimant introduced no medical evidence to support her claim that she was *20physically unable to perform the work she was instructed to do. Her employer testified that filling the laundry tumbler with wet clothes was understood to be a part of her regular employment, because the employees were required to perform more than one particular task in the laundry work. This was not the first time the claimant had failed to perform the work as instructed.

There is ample evidence to support the findings of the Louisiana Board of Review. R.S. 23:1634 provides in part:

> “In any proceeding under this Section the findings of the board of review as to the facts, if supported by sufficient evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law.”

Appellant has cited no authority, and we know of none, under which we could hold that the failure of an employee to perform the tasks assigned in the regular course of employment, without just cause, is not “misconduct connected with his employment.”

The judgment of the district court is affirmed.
#### Jonathan C. HARRIS and all other residents and taxpayers of the State of Louisiana v. The TRUSTEES OF the LOUISIANA PUBLIC FACILITIES AUTHORITY, Public Facilities Corporation, et al.

No. 61672.

Supreme Court of Louisiana.

March 17, 1978.

In re: Jonathan C. Harris applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 356 So.2d 1039.

Writ denied.
#### Bohumil STICHA, Appellant, v. Zana SANDERS, Appellee.

No. 69-748.

District Court of Appeal of Florida, Third District.

April 7, 1970.

PER CURIAM.

Affirmed.
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-717.1 

________________________________________________________________________ 

DEFENSE 

Joint Strike Fighter Program 

 Agreement Between the 

UNITED STATES OF AMERICA 

and ITALY Supplementing the 

Memorandum of Understanding of 

January 17, 2001 

Signed at Washington June 24, 2002 

 

with 

Annexes 

 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 ITALY 

Defense: Joint Strike Fighter Program 

 Agreement supplementing memorandum of 

 understanding of January 17, 2001. 

 Signed at Washington June 24, 2002; 

 Entered into force July 17, 2002. 

 With annexes.
EMPLOYEE SOLUTIONS, INC.

                                 EXHIBIT 10.11.1
                             TO REPORT ON FORM 10-K


                     Amendment No. 1 to Employment Agreement


         This  Amendment  is made  this 9th day of  March,  1999 by and  between
Employee Solutions,  Inc., an Arizona  corporation (the "Company"),  and Mark J.
Gambill ("Employee") and amends the Employment Agreement between the Company and
Employee dated as of April 16, 1998.

         The  parties  consent  to the  following  amendment:  Section  1 of the
Agreement is replaced with the following:

                  1.  EMPLOYMENT.  Subject to the terms and  conditions  of this
         Agreement,  the  Company  employs  Employee  to serve  in an  executive
         capacity and Employee  accepts such  employment  and agrees to dedicate
         all of his  business  time and effort to Company  business  and perform
         such reasonable  responsibilities  and duties as may be assigned to him
         from time to time by the Company's Chief Executive  Officer,  President
         and/or  Board of Directors  (the  "Board").  Employee's  title shall be
         Senior Vice President and Chief Marketing Officer,  with responsibility
         for the Company's  marketing and related  functions and such  executive
         responsibilities  as may be assigned  from time to time by, and subject
         to the direction of, the Board, the Chief Executive  Officer and/or the
         President.  Employee  shall  report  directly  to the  Chief  Executive
         Officer or  President.  Subject to  Sections  7.f and 8, such title and
         duties  may be  changed  from  time to time  by the  Board,  so long as
         Employee is maintained in an executive capacity  throughout the term of
         his employment


"COMPANY"
                                                        "EMPLOYEE"
EMPLOYEE SOLUTIONS, INC.,
an Arizona corporation



By /s/ Quentin P. Smith                                 By /s/ Mark J. Gambill
   ----------------------------------                      ---------------------
   Quentin P. Smith, President and                         Mark J. Gambill
   Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
STATEMENTS  FOR THE TWELVE  MONTHS ENDED MARCH 31, 1999 AND AS OF MARCH 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
 STATEMENTS.
</LEGEND>
<CIK>                    0000904145
<NAME> EMERGING DELTA CORPORATION
<MULTIPLIER>                    1
<CURRENCY>                      US dollars

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              Mar-31-1999
<PERIOD-START>                                 Apr-01-1998
<PERIOD-END>                                   Mar-31-1999
<EXCHANGE-RATE>                                1
<CASH>                                         298,416
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               298,416
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 298,416
<CURRENT-LIABILITIES>                          1,800
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       43,600
<OTHER-SE>                                     250,016
<TOTAL-LIABILITY-AND-EQUITY>                   298,416
<SALES>                                        0
<TOTAL-REVENUES>                               15,950
<CGS>                                          0
<TOTAL-COSTS>                                  14,131
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                1,819
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            1,819
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,819
<EPS-BASIC>                                  .042
<EPS-DILUTED>                                  .042











</TABLE>
#### STATE of Louisiana ex rel. Junious JONES v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.

No. 61653.

Supreme Court of Louisiana.

March 3, 1978.

In re: Junious Jones applying for writs of habeas corpus/remedial writs. Parish of Orleans.

Granted. Evidentiary hearing ordered.

SANDERS, C. J., and SUMMERS, J. dissent.
II 

Calendar No. 465 

109TH CONGRESS 

2D SESSION S. 2041 

[Report No. 109–260] 

To provide for the conveyance of a United States Fish and Wildlife Service 

administrative site to the city of Las Vegas, Nevada. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2005 

Mr. REID (for himself and Mr. ENSIGN) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

JUNE 6, 2006 

Reported by Mr. INHOFE, without amendment 

A BILL 

To provide for the conveyance of a United States Fish and 

Wildlife Service administrative site to the city of Las 

Vegas, Nevada. 

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 ‘‘Ed Fountain Park Ex5 pansion Act’’. 


ycherry on PROD1PC64 with BILLS
2 

•S 2041 RS 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATIVE SITE.—The term ‘‘admin4 istrative site’’ means the parcel of real property 

5 identified as ‘‘Lands to be Conveyed to the City of 

6 Las Vegas; approximately, 7.89 acres’’ on the map 

7 entitled ‘‘Ed Fountain Park Expansion’’ and dated 

8 November 1, 2005. 

9 (2) CITY.—The term ‘‘City’’ means the city of 

10 Las Vegas, Nevada. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior, acting through the Di13 rector of the United States Fish and Wildlife Serv14 ice. 

15 SEC. 3. CONVEYANCE OF UNITED STATES FISH AND WILD16 LIFE SERVICE ADMINISTRATIVE SITE, LAS 

17 VEGAS, NEVADA. 

18 (a) IN GENERAL.—The Secretary shall convey to the 

19 City, without consideration, all right, title, and interest of 

20 the United States in and to the administrative site for use 

21 by the City— 

22 (1) as a park; or 

23 (2) for any other recreation or nonprofit-related 

24 purpose. 

25 (b) ADMINISTRATIVE EXPENSES.—As a condition of 

26 the conveyance under subsection (a), the Secretary shall 


ycherry on PROD1PC64 with BILLS
3 

•S 2041 RS 

1 require that the City pay the administrative costs of the 

2 conveyance, including survey costs and any other costs as3 sociated with the conveyance. 

4 (c) REVERSIONARY INTEREST.— 

5 (1) IN GENERAL.—If the Secretary determines 

6 that the City is not using the administrative site for 

7 a purpose described in paragraph (1) or (2) of sub8 section (a), all right, title, and interest of the City 

9 in and to the administrative site (including any im10 provements to the administrative site) shall revert, 

11 at the option of the Secretary, to the United States. 

12 (2) HEARING.—Any determination of the Sec13 retary with respect to a reversion under paragraph 

14 (1) shall be made— 

15 (A) on the record; and 

16 (B) after an opportunity for a hearing. 


ycherry on PROD1PC64 with BILLS
Calendar No. 465 

109TH CONGRESS 

2D SESSION S. 2041 

[Report No. 109

–260] 

A BILL 

To provide for the conveyance of a United States 

the city of Las Vegas, Nevada. Fish and Wildlife Service administrative site to 

JUNE 6, 2006 

Reported without amendment 


ycherry on PROD1PC64 with BILLS
Exhibit
23.1
 
 Consent
of  Independent Registered Public Accounting Firm
 
 The Board
of Directors
 TranSwitch
Corporation:
  We
consent to the incorporation by reference in the registration statements (Nos.
333-114238, 333-69005, 333-105332, 333-109102, 333-109571, 333-131772,
333-145336 and 333-162609) on Form S-3 and (Nos. 333-75800, 333-70344,
333-44032, 333-83187, 33-94234, 333-89798, 333-131773, 333-126129, 333-151113
and 333-161231) on Form S-8 of TranSwitch Corporation and subsidiaries of our
report dated March 16, 2010, relating to the consolidated balance sheets of
TranSwitch Corporation and subsidiaries as of December 31, 2009 and 2008, and
the related consolidated statements of operations, stockholders’ equity and
comprehensive loss, and cash flows for each of the years in the three-year
period ended December 31, 2009, and the related financial statement schedule,
and the effectiveness of internal control over financial reporting as of
December 31, 2009, which report appears in the December 31, 2009 annual report
on Form 10-K of TranSwitch Corporation and subsidiaries.
  /s/
      UHY LLPNew
      Haven, ConnecticutMarch
      16, 2010