alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In re Odis N. McMURPHY v. STATE of Alabama. Ex parte Odis N. McMurphy.

77-456.

Supreme Court of Alabama.

May 19, 1978.

Brian W. Dowling, Dothan, for petitioner.

No attys. for the State, respondent.

TORBERT, Chief Justice.

The petition for writ of certiorari to the Court of Criminal Appeals is denied, 358 So.2d 1065.

The denial of this writ should not be construed as approval of the definition of larceny taken from 2 Wharton’s Criminal Law 80, section 452, which is set forth in the majority opinion of the Court of Criminal Appeals. Such definition, which includes as a necessary element that the property be taken “without the consent of the owner or possessor,” is not in accord with the general definition of larceny used by both this court, and the appeals court, to wit:

> “Larceny is the felonious taking and carrying away of the personal property of another with the intent on the part of the taker to convert it to his own use, or to deprive the owner thereof. *Higgs v. State,*113 Ala. 36, 21 So. 353; *Moulden v. State,*47 Ala.App. 573, 258 So.2d 915; *Armstrong*v. *State,*49 Ala.App. 396, 272 So.2d 603.”

*Jones*v. *State,*56 Ala.App. 444, 447, 322 So.2d 735, 737 (1975).

WRIT DENIED.

BLOODWORTH, FAULKNER, ALMON and EMBRY, JJ., concur.
#### John Thomas WILLIAMS, Appellant, v. STATE of Florida, Appellee.

No. L-387.

District Court of Appeal of Florida. First District.

Dec. 23, 1969.

Louis O. Frost, Jr., Public Defender, and Gerald Sohn, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and James McGuirk, Asst. Atty. Gen., for appellee.

PER CURIAM.

The briefs and record on appeal having been read and given full consideration and appellant having failed to demonstrate reversible error, the judgment appealed is hereby affirmed..

JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.
Exhibit 32

CERTIFICATION UNDER SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each
of the undersigned certifies that this periodic report fully
complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained
in this periodic report fairly presents, in all material
respects, the financial condition and results of operations of
Florida Rock Industries, Inc.
				                                     JOHN D. BAKER, II
                                JOHN D. BAKER, II
                                John D. Baker, II
                           President and Chief Executive
                                 Officer


                                JOHN D. MILTON, JR.
                                John D. Milton, Jr.
                                 Executive Vice President,
                                 Treasurer and Chief Financial
                                 Officer


                                WALLACE A. PATZKE, JR.
                                Wallace A. Patzke, Jr.
                                    Vice President, Controller
                                    and Chief Accounting Officer

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

   The foregoing certification accompanies the issuer's Quarterly
   Report on Form 10-Q and is not filed as provided in SEC Release
   Nos. 33-8212, 34-4751 and IC-25967, dated June 30, 2005.


1
----

| Subsidiary  Name                                                                      |   | State  of  Incorporation |   | Location                                                     |
|-------------------------------------------------------------------------------------------------|--------|----------------------------------------------|--------|--------------------------------------------------------------|
| SCS  Corporation                                                                      |   | Delaware                                     |   | Houston,                Texas                                |
| 100%                owned sub of SCS Corporation: SCS Guinea SARL                               |   | Conakry,                Guinea               |   | Conakry,                Guinea                               |
| 50%                owned sub of SCS Corporation: GHRC                                           |   | Belize  City,  Belize    |   | Inactive  Corporation                              |
| HYD                Resources Corporation                                                        |   | Texas                                        |   | Houston,                Texas and Jena, Louisiana            |
| 100%                owned sub of HYD Resources: Trendsetter Production Company                  |   | Mississippi                                  |   | Houston,                Texas and Jena, Louisiana            |
| 100%                owned sub of HYD Resources: Trendsetter Oil Well Service                LLC |   | Louisiana                                    |   | Inactive  Limited                Liability Company |
| 100%                owned sub of HYD Resources: HYD Drilling Company, LLC                       |   | Louisiana                                    |   | Inactive  Limited                Liability Company |

----
About to Deploy?

Keep these tips in mind to get yourself and others 

election ready!

October 2019

Pre-Deployment:

• Have members submit a Federal Post 

Card Application (FPCA) prior to 

deployment to register, request an 

absentee ballot, and update contact 

info with their election office.

• If the deployment date is less than 

60 days prior to an election, have 

them also submit a backup ballot, 

the Federal Write-In Absentee Ballot 

(FWAB) before leaving.

• Ensure the Installation Voting 

Assistance Officer (IVAO) participates 

in the pre-deployment brief (if you 

are the IVAO, get on the briefing 

schedule). 

• Bring some hard copy materials to 

provide assistance in-country:

 TIP: If you need hard copies of 

 outreach materials, please contact 

 your respective Service Voting Action 

 Officer. If you need other materials 

 such as the guide, posters, wallet 

 cards, and brochures, please contact 

 vote@fvap.gov, although supplies 

 will be limited.

• Installation Voter Assistance Offices 

should be on the pre-deployment 

checklist for all individuals who are 

deploying for more than six months.

• Assist family members who may be 

moving to another location during 

their spouse’s deployment.

Deployment Tips

For Voting Assistance Officers (VAOs)

Wherever U.S. citizens go, 

FVAP ensures their voices are heard.

The Federal Voting Assistance Program (FVAP) works to 

ensure Service members, their eligible family members 

and overseas citizens are aware of their right to vote and 

have the tools and resources to successfully do so – from 

anywhere in the world.

FPCA FWAB

The

Guide

Poster
During Deployment:

• If the member’s deployment address 

is different from the one previously 

submitted to the election office, have 

them send in a new FPCA.

• Provide proactive assistance to all 

additional unit members (group or 

individual) while deployed.

• Check the recommended absentee 

ballot mailing date for your location. 

(Tip: You can also find it at FVAP.gov or 

email us at vote@fvap.gov!) If members 

haven’t received their ballot by that 

date, tell them to use the backup ballot 

(FWAB) immediately.

Post Deployment:

• Have members submit a new FPCA 

(with their updated mailing address). 

• Installation Voter Assistance Offices 

should be on the post-deployment 

checklist for all individuals returning 

from a 6-month+ deployment. 

• When a member returns from 

deployment to their residence, they 

should make sure to notify their election 

official if they plan to vote locally, as 

they may be on file for requesting an 

absentee ballot. It is also important for 

them to verify their voter registration 

status to avoid problems at their local 

polling place.

October 2019

FVAP.gov 800-438-VOTE (8683) vote@fvap.gov

VISIT CALL EMAIL

CONNECT WITH US

Search for FVAP

Monday-Friday. 7:30 a.m. to 4 p.m. ET | Go to FVAP.gov and click on “contact” to find where to send your election materials. Media inquiries: media@fvap.gov

DSN: 425-1584
#### The People of the State of New York, Respondent, v Juan Hernandez, Appellant.

[722 NYS2d 159]

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered June 16, 1994, convicting defendant, after a jury trial, of two counts each of attempted murder in the second degree and criminal use of a firearm in the first degree, and sentencing him, as a second felony offender, to consecutive terms of 12V2 to 25 years and 9 to 18 years on the attempted murder convictions, to run concurrently with consecutive terms of I2V2 to 25 years and 9 to 18 years on the firearm convictions, unanimously affirmed. Orders, same court and Justice, entered on or about July 12, 1999 and October 16, 1999, which denied defendant’s motions to vacate the judgment, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant’s intent to kill the victim who escaped injury could be reasonably inferred from the totality of defendant’s conduct, particularly with respect to the seriously wounded victim, as well as the surrounding circumstances (see, *People v Cabey,*85 NY2d 417, 422).

Defendant received meaningful representation (see, *People v Benevento,*91 NY2d 708, 713-714). The court, following an extensive hearing, properly denied defendant’s motions made pursuant to CPL 440.10 to vacate his judgment of conviction on the ground of ineffective assistance. Counsel’s decision not to pursue a justification defense was a reasonable choice of possible strategic alternatives (see, *People v Baldi,*54 NY2d 137, 146-148), and counsel’s alleged deficiencies did not deprive defendant of a fair trial (see, *People v Hobot,*84 NY2d 1021, 1024).

The court’s response to a jury note provided a meaningful response (see, *People v Malloy,*55 NY2d 296).

Defendant’s remaining contentions, including those contained in his *pro se*supplemental brief, are unpreserved and we decline to review them in the interest of justice. Were we to *338review these claims, we would reject them. Concur — Rosenberger, J. P., Williams, Tom, Lerner and Buckley, JJ.
U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

APR 1 9 2016 

Mr. Victor Burnett 

Director of Engineering 

Pemco World Air Services, Inc. 

4102 N. Westshore Blvd. 

Tampa, FL 33614 

Dear Mr. Burnett: 

Transport Airplane Directorate 

1601 Lind Avenue, S.W. 

Renton. Washington 98057-3356 

We have received your petition letter no. PEMC0-01252016-00004 dated January 24, 2016, 

requesting an amendment to exemption no. 8625. Your request would allow carriage of two 

additional crewmembers (supernumeraries) aboard Boeing Model 737-400 airplanes. 

This request, which you submitted to the Department ofTransportation's Federal Docket 

Management System (rOMS), is located in regulations.gov docket no. F AA-2005-22869. 

We are in the process of reviewing your request, and will contact you if we need additional 

information. 

If you have any questions or concerns regarding your petition or the petition process, please 

contact John Shelden at 425-227-2785, or e-mail, john.shelden@faa.gov. 

Sincerely, 

,J/ru{_~ Mark Forseth 

Transport Airplane Directorate 

Aircraft Certification Service
#### STATE of Florida, Petitioner, v. Peter M. ENOS, Respondent.

No. 43390.

Supreme Court of Florida.

April 25, 1973.

Certiorari denied. 272 So.2d 847.

CARLTON, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.

ROBERTS and ADKINS, JJ., dissent.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
condensed financial statements included in the Company's Form 10-Q and is
qualified in its entirety by reference to such condensed financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               JAN-30-1996
<CASH>                                          37,721
<SECURITIES>                                    29,820
<RECEIVABLES>                                   12,822
<ALLOWANCES>                                       768
<INVENTORY>                                          0
<CURRENT-ASSETS>                                83,172
<PP&E>                                           6,397
<DEPRECIATION>                                   2,505
<TOTAL-ASSETS>                                  87,064
<CURRENT-LIABILITIES>                           13,248
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        56,549
<OTHER-SE>                                       (405)
<TOTAL-LIABILITY-AND-EQUITY>                    87,064
<SALES>                                         21,932
<TOTAL-REVENUES>                                30,013
<CGS>                                            1,202
<TOTAL-COSTS>                                    5,293
<OTHER-EXPENSES>                                 5,492
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  31
<INCOME-PRETAX>                                  8,823
<INCOME-TAX>                                     3,176
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,647
<EPS-PRIMARY>                                     0.22
<EPS-DILUTED>                                     0.19


</TABLE>
* 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

October 24, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-11422

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DAVID WAYNE WRIGHT,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:04-CR-22-ALL

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

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

David Wayne Wright appeals from the 24-month sentence

imposed following the revocation of his supervised release. 

Wright contends that the sentence was unreasonable and that the

district court failed to consider the sentencing factors set

forth at 18 U.S.C. § 3553(a). This court must examine the basis

of its jurisdiction on its own motion if necessary. Mosley v.

Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Article III, § 2, of

the Constitution limits federal court jurisdiction to actual

cases and controversies. See Spencer v. Kemna, 523 U.S. 1, 7
No. 04-11422

-2-

(1998). The case-or-controversy requirement demands that “some

concrete and continuing injury other than the now-ended

incarceration or parole -- some ‘collateral consequence’ of the

conviction -- must exist if the suit is to be maintained.” Id.

Wright has served the sentence that was imposed upon the

revocation of his supervised release. The order revoking

Wright’s term of supervised release imposed no further term of

supervised release. Accordingly, there is no case or controversy

for this court to address, and the appeal is dismissed as moot. 

APPEAL DISMISSED.
**Exhibit 31(a)**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. § 7241) 

 

I, Pierre-Olivier Beckers, certify that: 

 

1) I have reviewed this Quarterly Report on Form 10-Q of Delhaize America, Inc.; 

 

2) Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a materialfact 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 report; 

 

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

 

4) The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

b) evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about theeffectiveness 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 mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an Annual Report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5) The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

 

a) all significant deficiencies and material weaknesses inthe design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: November 15, 2005
SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

                                    FORM 8-K

                                 CURRENT REPORT

     Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

      Date of Report: (Date of earliest event reported) November 19, 2004


                                THE BEARD COMPANY
             (Exact name of registrant as specified in its charter)


          Oklahoma                    001-12396                  73-0970298
(State or other jurisdiction         (Commission               (IRS Employer
     of incorporation)               File Number)            Identification No.)


                                     Enterprise Plaza
                                    5600 N. May Avenue
                                         Suite 320
                                    Oklahoma City, Oklahoma           73112
                           (Address of principal executive offices) (Zip Code)

                                 (405) 842-2333
              (Registrant's telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:

[  ]   Written communications pursuant to Rule 425 under the Securities Act (17
       CFR 230.425)

[  ]   Soliciting material pursuant to Rule 14a-12(b) under the Exchange Act
       (17 CFR 240.14a-12(b))

[  ]   Pre-commencement communications pursuant to Rule 14d-2(b) under the
       Exchange Act (17 CFR 240.14d-2(b))

[  ]   Pre-commencement communications pursuant to Rule 13e-4(c) under the
       Exchange Act (17 CFR 240.13e-4(c))

<PAGE>

Information to be Included in the Report

Item 2.02 Results of Operations and Financial Condition

     On November 19, 2004, the Company issued a press release announcing its
third quarter and nine months results. A copy of the press release is attached
hereto as Exhibit 99.

Item 9.01 Financial Statements and Exhibits

     (c) The following exhibits are filed with the Form 8-K and are identified
by the numbers indicated:

Exhibit No.             Description
-----------             -----------

99              Press Release dated November 19, 2004

<PAGE>

                                   SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.

                                        THE BEARD COMPANY

                                        /s/ HERB MEE, JR.
                                        ______________________________________
                                        Herb Mee, Jr., President

November 22, 2004

<PAGE>

                                INDEX TO EXHIBITS

Exhibit
  No.       Description                        Method of Filing
  ---       -----------                        ----------------

99      Press Release dated November       Filed herewith electronically
        19, 2004
#### Freddie SIMS, Jr., Appellant, v. STATE of Florida, Appellee.

No. O-159.

District Court of Appeal of Florida, First District.

Jan. 28, 1971.

Freddie Sims, Jr., in pro. per.

Earl Faircloth, Atty. Gen., and Nelson E. Bailey, Asst. Atty. Gen., for appellee.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the order of the lower court is affirmed. See Shifrin v. State, 210 So.2d 18 (Fla.App. 1968), and Ward v. State, 236 So.2d 187 (Fla.App. 1970).

JOHNSON, C. J., and CARROLL, DONALD K. and RAWLS, JJ., concur.
Exhibit 23.3
  
 FAX
      (713) 651-08491100
      LOUISIANA SUITE 3800
                HOUSTON,
      TEXAS 77002-5218
                TELEPHONE
      (713) 651-9191
 
 
 CONSENT OF RYDER SCOTT
COMPANY, L.P.
 
 
 We hereby
consent to: (i) the use in the Form 10-K under the Securities Exchange Act of
1934 of Hyperdynamics Corporation, a Delaware corporation (the "Company") under,
of information contained in our reserve report letter relating to the reserves
and revenue, as of June 30, 2008, of certain interests held by HYD Resources
Corporation, a subsidiary of the Company; (ii) all references to such reserve
report letter and/or to this firm in the Form 10-K; (iii) our being named as an
expert in the Form 10-K; and (iv) the incorporation of this consent into the
Form 10-K.
 
 
 /s/
      Ryder Scott Company, L.P.RYDER
      SCOTT COMPANY, L.P.
 
 
 Houston,
Texas
 September
30, 2008
 
 
 1200,
      530 8TH AVENUE, S.W.
              CALGARY,
      ALBERRTA T2P 3S8
              TEL
      (403) 262-2799
              FAX
      (403) 262 2790621
      17TH SSTREET, SUITE 1550
              DENVER,
      COLORADO 80293-1501
              TEL
      (303) 623-9147
              FAX
      (303) 623-4258