alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. NO. 28,424 

5 LUCIO NOYOLA,

6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY

8 Douglas R. Driggers, District Judge

9 Gary K. King, Attorney General

10 Santa Fe, NM

11 for Appellee

12 Hugh W. Dangler, Chief Public Defender

13 Stephanie Erin Brunson

14 Santa Fe, NM

15 for Appellant

16 MEMORANDUM OPINION

17 FRY, Chief Judge.

18 Defendant appeals his conviction of forgery contending that he received

19 ineffective assistance of counsel. In our notice, we proposed to affirm the conviction.

20 Defendant has timely responded. We have considered his arguments and not being

21 persuaded, we affirm.
2

1 In our notice, we set forth the standard for a claim of ineffective assistance of

2 counsel. We proposed to conclude that Defendant was not denied effective assistance

3 of counsel because his claims of deficient performance are viewed as trial tactics and

4 strategy, which this Court will not second guess. Lytle v. Jordan, 2001-NMSC-016,

5 ¶ 43, 130 N.M. 198, 22 P.3d 666. Defendant continues to argue that counsel’s actions

6 present a prima facie showing of ineffective assistance of counsel.

7 We are unconvinced. With regard to the failure to use a peremptory challenge

8 to exclude a potential juror, he simply argues that defense counsel should have used

9 it. He does not explain why. Nor does he tell us that the juror actually considered his

10 case. We conclude that he has failed to show any prejudice from the failure to exclude

11 a particular juror. See State v. Sanchez, 120 N.M. 247, 254, 901 P.2d 178, 185 (1995).

12 Therefore, this cannot support a claim of ineffective assistance of counsel.

13 With regard to Defendant’s other two claims, Defendant appears to

14 acknowledge that these are matters of tactic and strategy, but nevertheless support a

15 claim of ineffective assistance of counsel because the result might have been different

16 if counsel had acted differently. That the result might have been different is not the

17 standard for establishing prejudice. Rather, there must be “a reasonable probability

18 that, but for counsel’s unprofessional errors, the result of the proceeding would have
3

1 been different.” State v. Akers, 2005-NMCA-063, ¶ 34, 137 N.M. 561, 113 P.3d 384

2 (internal quotation marks and citation omitted). Defendant has not shown a

3 reasonable probability that the result would have been different here if counsel had

4 acted differently.

5 We conclude for the reasons stated herein and in the notice of proposed

6 disposition that there was no showing of ineffective assistance of counsel. Therefore,

7 we affirm.

8 IT IS SO ORDERED.

9 

10 CYNTHIA A. FRY, Chief Judge

11 WE CONCUR:

12 

13 JAMES J. WECHSLER, Judge

14 

15 CELIA FOY CASTILLO, Judge
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6203

ANTHONY L. PERRY, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-01-475-2) Submitted: April 25, 2002 Decided: May 8, 2002 Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Anthony L. Perry, Appellant Pro Se. Steven Andrew Witmer, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Anthony Perry seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001). We have reviewed the record and the district court’s order accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Perry v. Angelone , No. CA-01-475-2 (E.D. Va. Jan. 18, 2002). 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.

DISMISSED
**Exhibit 32(a)**

 

**DPL Inc.**

** **

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO SECTION 906

OF THESARBANES-OXLEY ACT OF 2002

 

The undersigned officerof DPL Inc. (the “Issuer”) hereby certifies pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Issuer’s Annual Report on Form 10-K for the period ended December 31,2009, which this certificate accompanies, fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934and that the information contained therein fairly presents, in all materialrespects, the financial condition and results of operations of the Issuer as ofthe dates and for the periods expressed therein.

 

A signed original of thiswritten statement required by Section 906 of the Sarbanes-Oxley Act of2002, or other document authenticating, acknowledging, or otherwise adoptingthe signature that appears in typed form within the electronic version of thisstatement required by Section 906 of the Sarbanes-Oxley Act of 2002, hasbeen provided to the Issuer and will be retained by the Issuer and furnished tothe Securities and Exchange Commission or its staff upon request.

 
| Signed:                                |   |
|----------------------------------------|--------|
|                                   |   |
|                                   |   |
| /s/ Paul M. Barbas                     |   |
| Paul M. Barbas                         |   |
| President and Chief  Executive Officer |   |

 

Date: February 11,2010

 

The foregoing certificateis being furnished solely pursuant to 18 U.S.C. Section 1350 and is notbeing filed as part of the Issuer’s Annual Report or as a separate disclosuredocument.

 

----
# C_2013080EN.01001002.xml

| 19.3.2013 | EN | Official Journal of the European Union | C 80/10 |
| --- | --- | --- | --- |

19.3.2013

EN

Official Journal of the European Union

C 80/10

---

Non-opposition to a notified concentration

(Case COMP/M.6809 — Daimler/Mercedes-Benz Österreich Vertriebsgesellschaft/Mercedes-Benz Financial Services Austria/Mercedes-Benz Hungaria)

(Text with EEA relevance)

2013/C 80/04

On 12 March 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in German and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6809. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6809. EUR-Lex is the on-line access to the European law.

---
#### FLORIDA BOARD OF REGENTS, for the Use and Benefit of ACME ELECTRICAL CONTRACTORS, INC., Appellant, v. EDWARD M. FLEMING CONSTRUCTION CO., Inc., and Federal Insurance Company, Appellees.

No. 67-130.

District Court of Appeal of Florida. Third District.

Nov. 21, 1967.

Rehearing Denied Dec. 12, 1967.

Moore & Moore, Miami, for appellant.

Shutts & Bowen and Herbert L. Nadeau, Miami, for appellees.

Before PEARSON, BARKDULL and SWANN, JJ.

*229PER CURIAM.

Affirmed on the authority of McCrimmon v. Brundage, 53 Fla. 478, 43 So. 431; Strong & Trowbridge Co. v. H. Baars & Co., 60 Fla. 253, 54 So. 92; Vaughn-Griffin Packing Co. v. Fisher, 141 Fla. 428, 193 So. 553; Winn-Dixie Stores, Inc. v. Sellers, Fla.App. 1964, 161 So.2d 251; Orbit Construction Company v. Trail Development Corporation, Fla.App.1967, 198 So.2d 341; Simmons v. Peavy-Welsh Lumber Co., 5th Cir.1940, 113 F.2d 812; Nolan Brothers, Inc. v. Century Sprinkler Corp., 4th Cir.1955, 220 F.2d 726; Russell v. The Praetorians, Inc., 248 Ala. 576, 28 So.2d 786; 7 Fla.Jur., Contracts, §33.
#### Hilda Taylor, wife of and Russell TAYLOR v. AUDUBON INSURANCE COMPANY.

No. 62439.

Supreme Court of Louisiana.

June 30, 1978.

In re: Audubon Insurance Company, applying for certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 357 So.2d 912.

Writ denied.
<PAGE>

                                                                    EXHIBIT 99.1

    CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
         RELATING TO A PERIODIC REPORT CONTAINING FINANCIAL STATEMENTS

     I, Glen T. Meakem, Chief Executive Officer, and I, Joan S. Hooper, Chief
Financial Officer, of FreeMarkets, Inc., a Delaware Corporation, hereby certify
that:

        (a) The Company's periodic report on Form 10-Q for the quarterly period
            ended September 30, 2002 (the "Form 10-Q"), fully complies with the
            requirements of Section 13 (a) of the Securities Exchange Act of
            1934, as amended; and

        (b) The information contained in the Form 10-Q fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.

                                     * * *

CHIEF EXECUTIVE OFFICER
/s/ Glen T. Meakem
-------------------------------------------------------
Glen T. Meakem
Date: November 14, 2002

CHIEF FINANCIAL OFFICER
/s/ Joan S. Hooper
-------------------------------------------------------
Joan S. Hooper
Date: November 14, 2002
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              An official website of the United States government Skip to main content   end of header Census.gov Newsroom Releases 2010 Census
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Frankly
Co.


333
Bryant Street, Suite 240


San
Francisco, CA 94107


 


Dated
as of August 15, 2016


 


Harrison
Shih


1180
Filbert Street, Apt 503


San
Francisco, CA 94109


 


Re:       Amendment
of Employment Agreement


 


Dear
Harrison,


 


Reference
is made to the Employment Agreement between you (“Employee”) and Frankly Co. (Company”) dated 8/15/2014 (the
“Agreement”). In exchange for consideration, the receipt and sufficiency of which are hereby acknowledged, when signed
below, the Agreement will be further amended as follows:


 


Salary
Adjustment – For the period commencing on August 16, 2016 and ending on December 31, 2016, the salary payable to Employee
under the Agreement will be reduced from the annual rate of $300,000.00 to the annual rate of $273,333.00. Commencing on January
1, 2017, Employee’s salary rate will return to the $300,000.00 annual rate. The foregoing reduction in salary will not be
factored into the calculation of any bonus for which Employee may be eligible.


 


Except
as amended herein, the Agreement will continue in full force and effect.


 


If
the foregoing is acceptable, please return a signed copy of this Amendment to us at your earliest convenience, and we will return
a fully-executed copy to you.


 


	 	Sincerely,
	 	 	 
	 	Frankly
     Co.
	 	 	 
	 	By:	/s/ John
    F. Wilk 
	 	Name:	John
    F. Wilk
	 	Title:	General
    Counsel


 


Accepted
and Agreed:


 


	/s/
    Harrison Shih 	 


Harrison
Shih
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              An official website of the United States government





---

close


Iran
 Basic Facts Population
 People per sq. km
 Males per 100 females
 Children per woman
 Goods exported from U.S.
 Goods imported to U.S.
 Change in exports from U.S. for 2013 to 2022
 A Closer Look Source
 Comparisons
 Compared to the U.S.
 Compared to the World
 K = Thousands
				M = Millions
				B = Billions
  Merchandise Trade U.S. Trade in Manufactured Goods
 Top Exported Goods by U.S. State or Territory
 Population Current and Projected Population
 Population by Age and Sex
 Source and Notes Source: U.S. Census Bureau, International Database (demographic data) and USA Trade Online (trade data); Central Intelligence Agency, The World Fact Book (country reference maps). This application presents data for 228 countries and areas of the world with a 2024 population of 5,000 or more. For eleven of those countries and areas, only demographic data are presented. "Data not available" indicates that data are not available from this application.  In such instances, data may be available elsewhere at the census.gov website. Trade figures presented for France do not include data for overseas departments French Guiana, Guadeloupe, Martinique, Mayotte, and Reunion but do include data for dependencies Saint Barthelemy and Saint Martin.  Trade figures for the United Kingdom include data for crown dependencies Guernsey, Isle of Man, and Jersey. To learn more about world population projections, go to Notes on the World Population Clock. To learn more about international trade data, go to Guide to Foreign Trade Statistics. All trade figures are in U.S. dollars on a nominal basis.


CONNECT WITH US
 Information Quality
                    Data Linkage Infrastructure
                    Data Protection and Privacy Policy
                    Accessibility      
                    FOIA
                    Inspector General
                    No FEAR Act
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                    USA.gov
  Measuring America's People, Places, and Economy
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Jeffrey J. ONeill, Chief Executive Officer, Emanuel P.N. Hilario, Chief Financial Officer, and Robert E. Gowdy, Jr., Controller and Chief Accounting Officer of Einstein Noah Restaurant Group, Inc.
(the Company), certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | the Quarterly Report of the Company on Form 10-Q for the quarter ended March 29, 2011, as filed with the Securities and Exchange Commission (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: May 5, 2011 |  | By: /s/ Jeffrey J. ONeill                                            
|                   |  | Jeffrey J. ONeill                                                    
|                   |  | Chief Executive Officer
(Principal Executive Officer)                 
|                   | 
|Dated: May 5, 2011 |  | By: /s/ Emanuel P.N. Hilario                                          
|                   |  | Emanuel P.N. Hilario                                                  
|                   |  | Chief Financial Officer
(Principal Financial Officer)                 
|                   | 
|Dated: May 5, 2011 |  | By: /s/ Robert E. Gowdy, Jr.                                          
|                   |  | Robert E. Gowdy, Jr.                                                  
|                   |  | Controller and Chief Accounting Officer (Principal Accounting Officer)
yearID sourceTypeID sourceTypePopulation 2013 11 5184.76 2013 21 65262.5 2013 31 49233.3 2013 32 25883.1 2013 41 131.97 2013 42 69.0758 2013 43 895.947 2013 51 75.7816 2013 52 5186.65 2013 53 666.614 2013 54 1199.42 2013 61 1106.05 2013 62 1323.2
# C_2014026EN.01000102.xml

| 29.1.2014 | EN | Official Journal of the European Union | C 26/1 |
| --- | --- | --- | --- |

29.1.2014

EN

Official Journal of the European Union

C 26/1

---

Non-opposition to a notified concentration

(Case COMP/M.7133 — Investindustrial/KKR/Resort Holdings)

(Text with EEA relevance)

2014/C 26/02

On 22 January 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32014M7133. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32014M7133. EUR-Lex is the online access to the European law.

---
# C_2012330EN.01000401.xml

| 27.10.2012 | EN | Official Journal of the European Union | C 330/4 |
| --- | --- | --- | --- |

27.10.2012

EN

Official Journal of the European Union

C 330/4

---

Special Report No 14/2012 ‘Implementation of EU hygiene legislation in slaughterhouses of countries that joined the EU since 2004’

2012/C 330/05

The European Court of Auditors hereby informs you that Special Report No 14/2012 ‘Implementation of EU hygiene legislation in slaughterhouses of countries that joined the EU since 2004’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu

A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Unit ‘Audit: Production of Reports’ |
| 12, rue Alcide de Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel. +352 4398-1 |
| E-mail: eca-info@eca.europa.eu |

European Court of Auditors

Unit ‘Audit: Production of Reports’

12, rue Alcide de Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: eca-info@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

---
EPA - 452 / R - 11 - 011 December 2011 Regulatory

I mpact Analysis for the Final Mercury and Air Toxics Standards

U.S. Environmental Protection Agency Office of Air Quality

Planning and Standards Health and Environmental Impacts Division Research Triangle Park , NC