alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Louisiana v. Ronald SMITH.

No. 59806.

Supreme Court of Louisiana.

Nov. 14, 1977.

*1192Robert J. Zibilich, Orleans Indigent Defender Program, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Con-nick, Dist. Atty., Louise S. Korns, Asst. Dist. Atty., for plaintiff-appellee.

MARCUS, Justice.

Ronald Smith was indicted by the grand jury for the Parish of Orleans for the crime of first degree murder in violation of La. R.S. 14:30. After trial by jury, he was found guilty as charged and was sentenced to death. On appeal, defendant relies on four assignments of error for reversal of his conviction and sentence.1

We have reviewed the record and find no merit to defendant’s assignments of error. Accordingly, we affirm his conviction.

After defendant was sentenced in this matter, the United States Supreme Court in *Roberts*v. *Louisiana,*428 U.S. 325, 96 S.Ct. 3001, 49 L.Ed.2d 974 (1976), held unconstitutional Louisiana’s mandatory death sentence for first degree murder. In accordance with that decision, this court has vacated death sentences in first degree murder cases but, when no other reversible error has been found, we have remanded the cases to the trial court for resentencing of defendants to the most severe valid penalty established by the legislature for criminal homicide at the time of the offense. *State v. Sheppard,*350 So.2d 615 (La.1977); *State v. Williams,*343 So.2d 1026 (La.1977); *State v. Jenkins,*340 So.2d 157 (La.1976); *State v. Clark,*340 So.2d 208 (La.1976). In the instant case, the crime was committed on January 25, 1974. The most severe valid penalty for criminal homicide applicable on that date was the penalty for second degree murder, life imprisonment at hard labor without eligibility for parole, probation or suspension of sentence for a period of twenty years. Accordingly, even though we affirm the conviction, we vacate and set aside the imposition of the death penalty and remand the case to the trial court for resen-tencing.

DECREE

For the reasons assigned, defendant’s conviction is affirmed, but the death sentence imposed on him is annulled and set aside, and the case is remanded to the district court with instructions to the trial judge to sentence defendant to imprisonment at hard labor for life without eligibility for parole, probation or suspension of sentence for .a period of twenty years.

1

. Defendant has neither briefed nor argued Assignment of Error No. 2. Therefore, we consider this assignment of error to have been abandoned. *State v. Blanton,*325 So.2d 586 (La.1976); *State v. Carlisle,*315 So.2d 675 (La.1975).
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Page 28223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12944]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-1766-000]


Supplemental Notice That Initial Market-Based Rate Filing 
Includes Request for Blanket Section 204 Authorization; Palmer's Creek 
Wind Farm, LLC

    This is a supplemental notice in the above-referenced proceeding 
Palmer's Creek Wind Farm, LLC's application for market-based rate 
authority, with an accompanying rate tariff, noting that such 
application includes a request for blanket authorization, under 18 CFR 
part 34, of future issuances of securities and assumptions of 
liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, in accordance with Rules 211 and 214 of the Commission's 
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone 
filing a motion to intervene or protest must serve a copy of that 
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is July 2, 2018.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
5 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for electronic review in the 
Commission's Public Reference Room in Washington, DC. There is an 
eSubscription link on the website that enables subscribers to receive 
email notification when a document is added to a subscribed docket(s). 
For assistance with any FERC Online service, please email 
<a href="/cdn-cgi/l/email-protection#3c7a796e7f7352505552596f494c4c534e487c5a594e5f125b534a"><span class="__cf_email__" data-cfemail="175152455458797b7e797244626767786563577172657439707861">[email protected]</span></a>. or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.

    Dated: June 12, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-12944 Filed 6-15-18; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Metropolitan Area,Reports per 100K Population"Billings, MT Metropolitan Statistical Area",460"Bozeman, MT Micropolitan Statistical Area",418"Missoula, MT Metropolitan Statistical Area",585,"This chart identifies Metropolitan Areas (Metropolitan and Micropolitan Statistical Areas) with a population of 100,000 or more.  Metropolitan areas are defined by Office of Management and Budget Bulletin No. 15-01, ""Revised Delineations of Metropolitan Statistical Areas, Micropolitan Statistical Areas, and Combined Statistical Areas, and Guidance on Uses of the Delineations of These Areas"" (July 15, 2015).  This chart excludes reports provided by the Montana Attorney General.",
Prepared by MERRILL CORPORATION




QuickLinks
 -- Click here to rapidly navigate through this document
  



 
 

Exhibit 10.3    
  


 
 

INDEPENDENT AUDITORS' CONSENT    
  


The
Board of Directors

BakBone Software KK: 


    We
consent to the inclusion of our report dated June 8, 2001, with respect to the balance sheets of BakBone Software KK (formerly NetVault Corporation) as of
December 31, 1999 and 1998, and the related statements of operations, shareholders' capital deficiency and cash flows for the year ended December 31, 1999 and for the period from
February 2, 1998 (date of incorporation) through December 31, 1998, which report appears in the registration statement on Form 20-F of BakBone Software Incorporated. 



	 	 	/s/ KPMG
	 	 	 
	Tokyo, Japan

July 11, 2001	 	 




1









QuickLinks



Exhibit 10.3


INDEPENDENT AUDITORS' CONSENT
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-10740

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

STEPHEN MICHAEL EWING, also known as Stephen Michaels,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:07-CR-30-2

Before DAVIS, BARKSDALE and PRADO, Circuit Judges.

PER CURIAM:*

Stephen Michael Ewing appeals his jury trial convictions for conspiracy

to defraud the Internal Revenue Service and multiple counts of tax evasion, mail

fraud, making a false statement to a government agency, and making false

statements in relation to health care matters. On appeal, Ewing argues only

that his previously retained counsel provided ineffective assistance during preindictment discussions with the Government. Ewing asserts that his counsel

United States Court of Appeals

Fifth Circuit

F I L E D

June 26, 2009

Charles R. Fulbruge III

Clerk
No. 08-10740

2

failed to advise him of the risks of his cooperation with the Government and

failed to negotiate any sort of immunity agreement in return for his cooperation.

In the absence of a right to counsel, a defendant has no constitutional right

to the effective assistance of counsel. See Coleman v. Thompson, 501 U.S. 722,

752 (1991); Wainwright v. Torna, 455 U.S. 586, 587-88 (1982). The Supreme

Court has held that the “right to counsel attaches only at or after the initiation

of adversary judicial proceedings against the defendant.” United States v.

Gouveia, 467 U.S. 180, 187 (1984). Adversary judicial proceedings may begin “by

way of formal charge, preliminary hearing, indictment, information, or

arraignment.” Kirby v. Illinois, 406 U.S. 682, 689 (1972).

In the instant case, although Ewing was warned in 2004 that he might

have some criminal exposure, “adversary judicial proceedings” did not commence

until an indictment was filed 2007. See Gouveia, 467 U.S. at 187; Kirby, 406

U.S. at 689. Because Ewing’s Sixth Amendment right to counsel had not yet

attached, he had no constitutional right to the effective assistance of counsel

during his pre-indictment discussions with the Government. See Coleman, 501

U.S. at 752.

AFFIRMED.
Metropolitan Area,Reports per 100K Population"Providence-Warwick, RI-MA Metropolitan Statistical Area",429,"This chart identifies Metropolitan Areas (Metropolitan and Micropolitan Statistical Areas) with a population of 100,000 or more.  Metropolitan areas are defined by Office of Management and Budget Bulletin No. 15-01, ""Revised Delineations of Metropolitan Statistical Areas, Micropolitan Statistical Areas, and Combined Statistical Areas, and Guidance on Uses of the Delineations of These Areas"" (July 15, 2015).",
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StormKlear EPA Case Study

Project: Arbormere, Huntersville, NC

Owner: Hopper Communities,

Charlotte, NC

Current Developer: D.R. Horton, Inc.

Product: StormKlear DPS‐MB Kits

Dose Rate: 5 mg/L

Description: This new residential project features 265 single family lots and is located on Gilead Roa

(Exit 23) in the Town of Huntersville, NC three miles from I‐85 and 16 miles from Center City Charlot

NC; turbidity was an inherent problem due to the high percentage of clay and silt in the soil, and

standard BMP’s did not significantly improve water quality. StormKlear MB Kits were installed in dry 

directly on top of 4’ single net excelsior matting upstream of a basin; 12” x 10’ excelsior logs were u

as check structures. The DBP‐2100 was installed before the 1st check, and the GelFloc before the 2nd

3rd section was for settling and additional filtration.

Results – Influent: 950 NTU, After 3rd Check: 425 NTU

Residual Biopolymer Test: Negative
No. 10686.

#### The Standard Distilling & Distributing Co. *v.*Block et al.

Decided June 23, 1908.

Error to Superior Court of Cincinnati.

*Mr. William Worthington; Mr. Levy Mayer; Messrs. Worthington & Strong*and *Messrs. Moran, Mayer & Meyer,*for plaintiff in error.

*449*Mr: Thornton M. Hinkle,*for defendants in error.

Judgment reversed and judgment for plaintiff in error.

Shauck, Summers, Spear and Davis, JJ., concur.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10** 
**- 7650** 

THOMAS HARLEY ,
Petitioner

– Appellant ,

v.

WARDEN, BROAD RIVER CORRECTIONAL INSTITUTION , Respondent

– Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Columbia

. R. Bryan Harwell , District Judge. ( 3 : 10

- cv
- 0 2296

- RBH )

Submitted : March 15, 2011 Decided: March 18, 2011

Before MOTZ and WYNN , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Dismissed by un p ublished per curiam opinion

.

Thomas Harley, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Thomas Harley seeks to appeal the district court ’ s
order denying relief on his 28 U.S.C. § 2254 (2006) petiti on.
The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. A. § 636(b)(1)(B) (West 2006 & Supp. 2010)

. The magistrate judge recommended that relief be denied and

advised Harley that failure to file timely and specific
objections to this recommendation could waive appellate review
of a district court order based upon the recommendation.
The timely filing of specific objections to a

m agistrate judge ’ s recommendation is necessary to preserve
appellate review of the substance of that recommendation when
the parties have been warned of the consequences of
noncompliance. Wright v. Collins , 766 F.2d 841, 845

- 46 (4th
Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Harley
has waived appellate review by failing to file objections after
receiving proper notice. *

* The district court granted Harley one extension of time in which to file his objections, and did not abuse its discretion in denying a second extension. Accordingly, we deny a certificate of
appealability and dismiss the appeal.3 We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument wo uld not aid the decisional

process.

DISMISSED
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 7670** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. CURTIS ARNOLD , Defendant

- Appellant
.

Appeal from the United States District Court for the Western Distr ict of North Carolina , at Charlotte
. Robert J. Conrad, Jr. , Chief District Judge. ( 3:05

- cr - 00046

- RJC

- DSC

- 2 )

Submitted : March 29, 2012 Decided: April 3, 2012

Before WILKINSON, KING, and KEENAN , Circuit Judges.

Affirm ed by un published per curiam opinion
.
Curtis Arnold , Appellant Pro Se. Thomas A. O’Malley , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina , for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Curtis Arnold appeals the distri ct court ’s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Arnold , No. 3:05

- cr - 00046

- RJC

- DSC

- 2 (W.D.N .C. Nov. 23, 2011) . 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.

AFFIRMED
#### Nathaniel FLOWERS, Appellant, v. STATE of Florida, Appellee.

No. 69-866.

District Court of Appeal of Florida, Fourth District.

May 28, 1971.

Appeal from Court of Record, Broward County; Humes T. Lasher, Judge.

Appeal dismissed.
#### David Wayne BOYD v. STATE of Mississippi.

No. 50734.

Supreme Court of Mississippi.

July 19, 1978.

Morgan & Price, John P. Price, G. Terrell Morgan, McComb, for appellant.

A. F. Summer, */My.*Gen. by Robert D. Findley, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROBERTSON, P. J., and WALKER and COFER, JJ.

AFFIRMED.
Exhibit 23.1



INDEPENDENT AUDITORS CONSENT



We consent to the incorporation by reference in Registration Statement Nos. 333-69616, 333-49027, 333-69618, and 333-89496 on Forms S-8 and Registration Statement No.
333-13431 on Form S-3 of our report dated March 12, 2004, (which expresses an unqualified opinion and includes an explanatory paragraph relating to the adoption of Statement of Financial Accounting Standards No. 142 Goodwill and Other
Intangible Assets as of January 1, 2002) appearing in this Annual Report on Form 10-K of Speedway Motorsports, Inc. for the year ended December 31, 2003.



|                          |  | 
|------------------------- |  | 
|/s/ Deloitte & Touche LLP
|DELOITTE & TOUCHE LLP    
|Charlotte, North Carolina



March
15, 2004
**EXHIBIT 21.01**

**SUBSIDIARIESOF THE REGSITRANT**
| SUBSIDIARY                  | ** ** | **JURISDICTION OF INCORPORATION** |
|-----------------------------|------------|-----------------------------------|
| Poet Holdings, Inc          |       | Delaware                          |
| Poet Software  Corporation  |       | Massachusetts                     |
| Versant Gmbh                |       | Germany                           |
| Versant Ltd.                |       | United Kingdom                    |
| Mokume  Software, Inc. |       | California                        |
| FastObjects, Inc.      |       | California                        |
| Versant India               |       | India                             |

 

----
# Fourth Court of Appeals

**San Antonio, Texas**

July 19, 2018

No. 04

- 18

- 00093

- CR

Ryan RODRIGUEZ

, Appellant

v.

The STATE of Texas,

Appellee

From the 437th Judicial District Court, Bexar County, Texas

Trial Court No. 2016CR11801

Honorable Lo ri I. Valenzuela, Judge Presiding



### ORDER

After this court granted two prior extension of time, appellant’s brief was due July 18,

2018. On the due date, appellant filed his third motion for extension of time, asking for an

additional thirty days in which to file his brief. After review, we GRANT appellant’s motion

and ORDER appellant to file his brief in this court on or before August 17, 2018. Appellant is

advised that no further extension of time to file the brief will be granted absent written

proof of extraordinary circumstances.

We order the clerk of this court to serve a copy of this order on all counsel.

_________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set m y hand and affixed the seal of the said

court on this 19th day of July, 2018

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
EXHIBIT 10.30

                                 (SEAL)
                                            UNITED STATES DEPARTMENT OF COMMERCE
                                            PATENT AND TRADEMARK OFFICE
FILING RECEIPT                              ASSISTANT SECRETARY AND COMMISSIONER
CORRECTED                                   OF PATENTS AND TRADEMARKS
                                            WASHINGTON, D.C. 20231

<TABLE>
<CAPTION>
<S>                  <C>          <C>             <C>             <C>                 <C>     <C>     <C>
APPLICATION NUMBER   FILING DATE  GRP ART UNIT    FIL FEE REC'D   ATTORNEY DOCKET NO.  DRWGS  TOT CL  IND CL
                                      1313           $385.00        MANSPA396            5      19       3
</TABLE>

ROBERT M DOWNEY
701 BRICKELL AVENUE SUITE 1480
MIAMI FL 33131

Receipt is acknowledged of this nonprovisional Patent Application. It will be
considered in its order and you will be notified as to the results of the
examination. Be sure to provide the U.S. APPLICATION NUMBER, FILING DATE, NAME
OF APPLICANT, and TITLE OF INVENTION when inquiring about this application. Fees
transmitted by check or draft are subject to collection. Please verify the
accuracy of the data presented on this receipt. If an error is noted on this
Filing Receipt, please write to the Application Processing Division's Customer
Correction Branch within 10 days of receipt. Please provide a copy of the Filing
Receipt with the changes noted thereon.

APPLICANT(S)       PIERRE G. MANSUR, MIAMI, FL.

CONTINUING DATA AS CLAIMED BY APPLICANT--
             THIS APPLN IS A CON OF
                  WHICH IS A CIP OF


FOREIGN FILING LICENSE GRANTED 02/26/97     * SMALL ENTITY *
TITLE
PROCESS FOR INTEGRATED RECYCLING OF CLEANING SOLUTION IN INDUSTRIAL
WASHING EQUIPMENT

PRELIMINARY CLASS: 134

                                 (SEE REVERSE)
<PAGE>


                                                                    EXHIBIT 32.2

                      CERTIFICATION PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

         I, Michael T. Vesey, certify, pursuant to 18 U.S.C.ss.1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

                  1. This Quarterly Report on Form 10-Q of Orleans Homebuilders,
Inc. (the "Company") for the period ended March 31, 2004 (the "Report") fully
complies with the requirements of Section 13(a) 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 13, 2004

                                                   Michael T. Vesey
                                                   ----------------
                                                   Michael T. Vesey
                                                   President and Chief Operating
                                                   Officer