alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Joseph O’Kane, Appellant.

[655 NYS2d 476]

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered January 16, 1996, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the fourth degree, and resentencing him to concurrent prison terms of 4 to 12 years, 4 to 12 years, 3 to 9 years and 1 year, respectively, unanimously affirmed.

The count charging criminal possession of a weapon in the fourth degree, which related to the recovery of a knife from the codefendant after defendant displayed it while huddled in conversation with the codefendant and two other men, was based on legally sufficient evidence, and was properly joined pursuant to CPL 200.20 (2) (b). This incident was probative of defendant’s consciousness of guilt with respect to the shooting four months earlier *(People v Bongarzone,*69 NY2d 892) and the shooting incident in turn helped explain defendant’s motive in displaying the knife to the shooting victim’s brother *(see, People v Zorilla,*211 AD2d 582, 583).

*206The court properly exercised its discretion in refusing to grant defendant’s mid-trial request for a continuance to await the arrival of a retired detective who was then out of the jurisdiction, in order to elicit testimony which the court properly found to be insufficiently material to warrant such a continuance *(see, People v Foy,*32 NY2d 473; *People v Covington,*233 AD2d 169).

Where the codefendant was being tried *in absentia,*the court properly declined to allow defendant to elicit evidence of his flight as indicative of his consciousness of guilt since, under the facts, the codefendant’s guilt did not tend to exculpate defendant *(compare, People v Ofunniyin,*114 AD2d 1045).

The court properly responded to jury notes. The court was not required to inform defendant of its intention to seek a clarification about a note from the jury which it showed to counsel, and the court appropriately advised the jurors to narrow their request for readback, if they so desire *(People v Lykes,*81 NY2d 767; *People v Hollis,*216 AD2d 17, *lv denied*86 NY2d 796). Moreover, given the specificity of the subsequent notes, the court "was not obligated to accede to counsel’s request to provide information beyond that requested by the jury” *(People v Bernard,*224 AD2d 192, 193, *lv denied*88 NY2d 964).

We have considered defendant’s remaining contentions and find them to be without merit. Concur—Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.
#### Joanne FLOYD and John E. Floyd, her husband, Petitioners, v. Dr. S. A. GOSS, and Orange Memorial Hospital, Respondents.

No. 76-1650.

District Court of Appeal of Florida, Fourth District.

Nov. 9, 1977.

Rehearing Denied Jan. 9, 1978.

Michael P. Falkowski of Parker, Conrad, Falkowski, Johnson & Owen, P. A., Orlando, for appellants.

Howard R. Marsee of Pitts, Eubanks, Ross & Rumberger, P. A., Orlando, for ap-pellee-Orange Memorial Hospital.

Janis M. Halker of Gurney, Gurney & Handley, P. A., Orlando, for appellee-Dr. S. A. Goss.

DAUKSCH, Judge.

We take this matter as a Petition for Writ of Certiorari to the Circuit Court in order to review an Order of a circuit judge sitting as a judicial referee in a medical mediation panel as provided in Section 768.-133, Florida Statutes (1975), now Section 768.44, Florida Statutes (Supp.1976). Because the statutory creation of the medical mediation panel provides very narrowly what the duties of the judicial referee are, and the case law consistently supports the narrow construction, we must quash the Order of the judicial referee because it was not within his authority to dismiss the case or enter a Judgment on the Pleadings. In *Koota*v. *Parkway,*346 So.2d 124 (Fla.3d DCA 1977), it was held “ . . .a judicial referee of a medical panel under Section 768.44 Florida Statutes (Supp.1976) is not a ‘judge of a lower court’ within the meaning of Fla.App.Rule 4.6(a).” Also see *State ex rel. Mercy Hospital, Inc. v. Vann,*342 So.2d 1073 (Fla.3d DCA 1977).

We hold that a circuit judge sitting as a judicial referee in a medical mediation panel is limited to act as a member of the panel with his or her authority limited by the act, supra, creating the panel and *In re Transition Rule 21,*316 So.2d 38 (Fla. 1975). Such judicial referee has no authority to enter a judgment on the pleadings when the statute of limitations is pleaded and not contravened.

The Amended Judgment on the pleadings is quashed and this cause remanded to the medical mediation panel for disposition of its duties within the statutorily mandated time.

QUASHED and REMANDED.

CROSS and MOORE, JJ., concur.
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EXHIBIT 32.2


                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 Quarterly  Report of Golden  Enterprises,  Inc. (the
"Company") on Form 10-Q for the third quarter ended  February 27, 2009, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Patty Townsend, Chief Financial Officer of the Company,  certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley Act of
2002, that, to the best of my knowledge:

     (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.

Dated: April 16, 2009



/s/ Patty Townsend
------------------
Patty Townsend
Vice-President and Chief Financial Officer

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



                                       23
In the Missouri Court of Appeals 

Eastern District 

JANUARY 28, 2014 

THE FOLLOWING CASES WERE AFFIRMED IN ACCORDANCE WITH RULE 

84.16(b) OR RULE 30.25(b). 

1. ED98622 ALAN W. COHEN, APP V. LORRAINE M. COHEN, RES 

2. ED99175 STATE OF MISSOURI, RES V ARTHUR F. WEPPNER, APP 

3. ED99236 WILLIAM MEYERS, APP V STATE OF MISSOURI, RES 

4. ED99395 L. BEVINEAU-DICKSON, APP V STATE OF MISSOURI, RES 

5. ED99674 HALVOR B. ANDERSON, RES V. SIEGEL-ROBERT, INC, APP 

6. ED99693 MARTYN ADAMS, APP V STATE OF MISSOURI, RES
<PAGE>   1








                                                                    EXHIBIT 21.0

                         UNISTAR FINANCIAL SERVICE CORP.
                              LIST OF SUBSIDIARIES

                       (All subsidiaries are wholly-owned)



<TABLE>
<CAPTION>
                                                              State of Incorporation
         Name                                                    or Organization
         ----                                                    ----------------   
<S>                                                           <C>
International Fidelity Holding Corp.                                   Delaware

International Surety & Casualty Company (whose name                    Texas
         is in the process of being changed to Unistar
         Insurance Company)

Eagle Premium Finance Corp.                                            Texas

U.S. Fidelity Insurance Services, Inc.                                 Texas

Great Southern General Agency                                          Texas

First Choice Underwriters, Inc.                                        Texas

Peak Underwriters, Inc.                                                Texas

Advanced Underwriters, Inc.                                            Texas

Eagle Claims Corp.                                                     Texas

National Automobile Appraisal Services, L.L.C.                         Texas

Estate Paint & Body                                                    Texas

Mirror Finishes & Collision of Texas, L.L.C.                           Texas

American Automobile Claims & Appraisals                                Texas

Talon Financial Services, Ltd.                                         Texas

Unistar Auto Insurance Agencies                                        Texas

Unistar Florida Holdings, Inc.                                         Florida

Unistar Select Insurance Managers, Inc.                                Texas
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 
the Statement of Financial Condition at March 31, 1997 (Unaudited)
and the Statement of Operation for the three months ended March 31, 
1997 (Unaudited) and is qualified in its entirety by reference to 
such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                       1,934,585
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,974,529
<PP&E>                                          51,902
<DEPRECIATION>                                  18,901
<TOTAL-ASSETS>                               2,073,686
<CURRENT-LIABILITIES>                          296,482
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       107,660
<OTHER-SE>                                   1,669,544
<TOTAL-LIABILITY-AND-EQUITY>                 2,073,686
<SALES>                                              0
<TOTAL-REVENUES>                                15,444
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               761,331
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (745,887)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (745,887)
<EPS-PRIMARY>                                   (0.07)
<EPS-DILUTED>                                   (0.07)
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                       3,226,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,697,000
<ALLOWANCES>                                 (425,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                             7,900,000
<PP&E>                                     338,917,000
<DEPRECIATION>                             (6,231,000)
<TOTAL-ASSETS>                             345,084,000
<CURRENT-LIABILITIES>                       11,863,000
<BONDS>                                     89,594,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      2,000
<COMMON>                                        14,000
<OTHER-SE>                                 243,611,000
<TOTAL-LIABILITY-AND-EQUITY>               345,084,000
<SALES>                                              0
<TOTAL-REVENUES>                            11,852,000
<CGS>                                                0
<TOTAL-COSTS>                                5,871,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,624,000
<INCOME-PRETAX>                              4,357,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                428,000
<CHANGES>                                            0
<NET-INCOME>                                 4,785,000
<EPS-PRIMARY>                                     0.30
<EPS-DILUTED>                                     0.29
        

</TABLE>
H. Res. 535

In the House of Representatives, U. S.,

September 22, 1994.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule

XXIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 4422) to authorize appropriations for fiscal

year 1995 for the Coast Guard, and for other purposes. The

first reading of the bill shall be dispensed with. All points of

order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one

hour equally divided and controlled by the chairman and

ranking minority member of the Committee on Merchant Marine and Fisheries. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be

in order to consider as an original bill for the purpose of

amendment under the five-minute rule the amendment in the

nature of a substitute recommended by the Committee on

Merchant Marine and Fisheries now printed in the bill. The

committee amendment in the nature of a substitute shall be
2

HRES 535 EH

considered by title rather than by section. Each title shall be

considered as read. All points of order against the committee

amendment in the nature of a substitute are waived. All

points of order against amendments printed in the report of

the Committee on Rules accompanying this resolution are

waived. At the conclusion of consideration of the bill for

amendment the Committee shall rise and report the bill to

the House with such amendments as may have been adopted.

Any Member may demand a separate vote in the House on

any amendment adopted in the Committee of the Whole to

the bill or to the committee amendment in the nature of a

substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage

without intervening motion except one motion to recommit

with or without instructions.

Attest:

Clerk.
```

[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Notices]
[Page 2603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-873]

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

DEPARTMENT OF STATE

[Public Notice 7769]

Culturally Significant Objects Imported for Exhibition 
Determinations: ``Princes and Painters in Mughal Delhi, 1707-1857''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority 
No. 257 of April 15, 2003), I hereby determine that the objects to be 
included in the exhibition ``Princes and Painters in Mughal Delhi, 
1707-1857,'' imported from abroad for temporary exhibition within the 
United States, are of cultural significance. The objects are imported 
pursuant to loan agreements with the foreign owners or custodians. I 
also determine that the exhibition or display of the exhibit objects at 
the Asia Society, New York, NY from on or about February 7, 2012, until 
on or about May 6, 2012, and at possible additional exhibitions or 
venues yet to be determined, is in the national interest. I have 
ordered that Public Notice of these Determinations be published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Ona M. Hahs, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: (202) 
632-6473). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: January 11, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2012-873 Filed 1-17-12; 8:45 am]
BILLING CODE 4710-05-P
```
* Pursuant to 5th Cir. 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. 02-30408

_________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GENARO EDGARDO CORTES-URBINA, also known as Hernando Cortez, 

also known as Eddie Urbina-Cortez, also known as Geraldo Garcia,

also known as Jose Jimenez

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court

for the Eastern District of Louisiana

(01-CR-293-ALL)

_________________________________________________________________

December 11, 2002

Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Genaro Edgardo Cortes-Urbina pleaded guilty to being found

unlawfully in the United States, in violation of 8 U.S.C. § 1326,

after being deported subsequent to an aggravated felony conviction.

In challenging sentence enhancements he received, pursuant to the

United States Sentencing Guidelines, for several prior convictions,

Cortes-Urbina contends those convictions were improperly considered
2

because they were not imposed within ten years of commencement of

the instant offense. See U.S.S.G. § 4A1.2(e)(2) and (3).

We have read the briefs and the applicable law, have heard the

arguments of counsel, and have considered pertinent parts of the

record. Our court has held that a “found in” violation is a

continuing offense that commences when an illegal alien

surreptitiously reenters the United States. United States v.

Santana-Castellano, 74 F.3d 593 (5th Cir. 1996). As such, CortesUrbina’s prior convictions were within ten years of the

commencement of the instant offense.

AFFIRMED
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET FOR JUNE 30, 1997 AND THE STATEMENT OF OPERATIONS FOR THE SIX MONTHS ENDED
JUNE 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                      10,642,034
<SECURITIES>                                 2,998,913
<RECEIVABLES>                               14,273,250
<ALLOWANCES>                                 1,717,425
<INVENTORY>                                    496,118
<CURRENT-ASSETS>                            28,735,013
<PP&E>                                      10,370,828
<DEPRECIATION>                               3,480,521
<TOTAL-ASSETS>                              50,413,647
<CURRENT-LIABILITIES>                        2,358,821
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       101,711
<OTHER-SE>                                  47,560,950
<TOTAL-LIABILITY-AND-EQUITY>                50,413,647
<SALES>                                              0
<TOTAL-REVENUES>                            15,873,272
<CGS>                                                0
<TOTAL-COSTS>                                5,904,936
<OTHER-EXPENSES>                             8,065,952
<LOSS-PROVISION>                               835,614
<INTEREST-EXPENSE>                              92,930
<INCOME-PRETAX>                              1,841,414
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,841,414
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,841,414
<EPS-PRIMARY>                                     0.17
<EPS-DILUTED>                                     0.17
        

</TABLE>