alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Louis Daniel GOLDEN, Appellant, v. The STATE of Oklahoma, Appellee.

No. F-83-584.

Court of Criminal Appeals of Oklahoma.

Jan. 20, 1985.

*7Thomas G. Smith, Jr., Asst. Appellate Public Defender, Norman, for appellant.

Michael C. Turpén, Atty. Gen. of Okl., Tomilou Gentry Liddell, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

BRETT, Judge:

Louis Daniel Golden was charged by Information in Greer County District Court, Case No. CRF-82-17, with the Crime Against Nature (Sodomy), pursuant to 21 O.S.1981, § 886. Appellant waived his right to a trial by jury, and was convicted by the Honorable William Fancher, Associate District Judge, who imposed a five (5) year sentence. We affirm.

S.S., a thirteen-year-old boy, had arranged with appellant to mow a lawn outside Granite, Oklahoma. After appellant and S.S. arrived at the location, they went inside the house. In an upstairs bedroom, appellant forced S.S. onto a mattress by tickling him. Appellant unsnapped the boy’s pants and pulled them down. He placed S.S.’s penis inside his mouth. S.S. immediately jumped out of bed, exclaimed he “wasn’t a fag”, and ran from the home. Appellant eventually found S.S. and drove him back to Granite. The police were later informed of the incident.

Appellant admitted he and S.S. went into the house, but denied unzipping S.S.’s pants, tickling him, or putting S.S.’s penis in his mouth.

Appellant first alleges that 21 O.S. 1981, § 886 is unconstitutionally vague, and appellant’s conviction therefore cannot stand. We disagree. This writer has for many years been of the opinion that section 886 is unconstitutionally vague on its face. *See Canfield v. State,*506 P.2d 987, 989-990 (Okl.Cr.1973) (Brett, J., concurring in part, dissenting in part). However, my colleagues on this Court and the justices of the United States Supreme Court, in construing similar statutes, have disagreed. *See Moore v. State,*501 P.2d 529 (Okl.Cr.1972), and *Wainwright v. Stone,*414 U.S. 21, 94 S.Ct. 190, 138 L.Ed.2d 179 (1973). Therefore, as a matter of stare decisis, I am compelled to uphold the statute and deny this assignment of error. *See Clayton v. State,*695 P.2d 3, 55 O.B.J. 1786 (Okl.Cr.1984).

Appellant’s second assignment of error alleges the evidence was insufficient to support appellant’s conviction. In *Ex Parte DeFord,*14 Okl.Cr. 133, 168 P. 58 (1917), this Court held section 886 includes copulation *per os,*as alleged here. Penetration, however slight, is required to complete the offense. 21 O.S.1981, § 887. S.S. catagorically stated appellant placed S.S.’s penis *in his mouth.*The evidence sup*8ports the trial judge’s finding that appellant engaged in unlawful oral copulation with S.S., and we will not disturb that finding on appeal. *See Hill v. State,*368 P.2d 669 (Okl.Cr.1962). This assignment of error is without merit.

Accordingly, the judgment and sentence of the District Court is AFFIRMED.

PARKS, P.J., concurs.

BUSSEY, J., concurs in result.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Department of the Army, Corps of Engineers

# AGENCY:

U.S. Army Corps of Engineers, DoD.

      ( print page 14007)    

# ACTION:

Extension of public comment period.

# SUMMARY:

                        In the January 20, 2012, issue of the                         **Federal Register**                         (77 FR No. 13), the U.S. Army Corps of Engineers (Corps) published its Notice of Availability for the ASAP DEIS for public comment. In that notice, the Corps stated that written comments must be submitted on or before March 5, 2013. Instructions for submitting comments are provided in the January 20, 2010,                         **Federal Register**                         notice. In response to scheduling conflicts for public meetings, the Corps has decided to extend the public comment period to April 4, 2012.                    

# FOR FURTHER INFORMATION CONTACT:

Ms. Mary Romero, Project Manager, Alaska District Regulatory Division, (907) 753-2773

# SUPPLEMENTARY INFORMATION:

None.

Dated: March 1, 2012.

William Keller, 

North Branch Chief, Alaska District Regulatory Division, JBER, AK 99506, U.S. Army Corps of Engineers.

[FR Doc. 2012-5665 Filed 3-7-12; 8:45 am]

BILLING CODE 3720-58-P
[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Page 14023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5683]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Alcohol Abuse and Alcoholism; Amended 
Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Institute on Alcohol Abuse and Alcoholism Special Emphasis Panel, March 
28, 2012, 4 p.m. to March 29, 2012, 8 p.m., Legacy Hotel and Meeting 
Center, 1775 Rockville Pike, Rockville, MD, 20852 which was published 
in the Federal Register on January 17, 2012, 77 FR 2304.
    This meeting will now be held at 5635 Fishers Lane, Rockville MD 
20852. The meeting is closed to the public.

    Dated: March 1, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy
[FR Doc. 2012-5683 Filed 3-7-12; 8:45 am]
BILLING CODE 4140-01-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Housing and Urban Development

          - [Docket No. FR-5601-N-09]

# AGENCY:

Office of the Assistant Secretary for Community Planning and Development, HUD.

# ACTION:

Notice.

# SUMMARY:

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

# FOR FURTHER INFORMATION CONTACT:

                        Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7262, Washington, DC                               ( print page 12870)                            20410; telephone (202) 708-1234; TTY number for the hearing- and speech-impaired (202) 708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588.                    

# SUPPLEMENTARY INFORMATION:

                    In accordance with the December 12, 1988 court order in                     *National Coalition for the Homeless*                     v.                    *Veterans Administration,*                     No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week.                

Dated: February 23, 2012.

Mark R. Johnston,

Deputy Assistant Secretary for Special Needs.

[FR Doc. 2012-4699 Filed 3-1-12; 8:45 am]

BILLING CODE 4210-67-P
#### Linda MILLICAN and Nigel Clayton, the natural parents of April Lea Clayton, Deceased, Petitioners, v. Rick WOLFE and Shirley Wolfe, individually, and d/b/a The Soda Saloon; Robert Dietz; and J.D. Carelli, Respondents.

No. 85 SC 72.

Supreme Court of Colorado, En Banc.

Oct. 21, 1986.

Upon review of the records and briefs filed herein, and having heard the oral arguments of counsél,

It Is This Day Ordered that the *Writ*of *Certiorari*in the above captioned case shall be, and the same hereby is, *Dismissed as Improvidently granted.*
#### James A. WARNER, Plaintiff and Appellant, v. Lawrence MORRIS, Warden, Utah State Prison, Defendant and Respondent.

No. 20119.

Supreme Court of Utah.

Oct. 4, 1985.

*310J. Bruce Savage, Jr., Park City, for plaintiff and appellant.

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Salt Lake City, for defendant and respondent.

MEMORANDUM OF DECISION

ZIMMERMAN, Justice:

Defendant James A. Warner pleaded guilty to aggravated robbery on June 15, 1981. He was sentenced to five years to life on the charge, with an additional five year consecutive sentence imposed for the use of a firearm in the commission of the events. This appeal is from a denial of his petition for a writ of habeas corpus in which he contended that his plea was not entered knowingly and voluntarily.

We find no merit to defendant’s claim. The trial judge followed the litany required by Utah Rules of Criminal Procedure 11(e), U.C.A., 1953, § 77-35-11 (1982 ed.), except that in his question and answer session with defendant, he did not ask specifically whether defendant was aware that he had a right against compulsory self-incrimination, as required by Rule 11(e)(3). Defendant argues that this omission rendered his pleas involuntary under *Boykin v. Alabama,*395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). Although the letter of Rule 11 was not complied with, we find that the record as a whole affirmatively establishes that defendant entered his plea with full knowledge and understanding of its consequences and of the rights he was waiving, including his right against self-incrimination. *Brady v. United States,*397 U.S. 742, 749, 90 S.Ct. 1463, 1469, 25 L.Ed.2d 747 (1970); *North Carolina v. Alford,*400 U.S. 25, 37-38, 91 S.Ct. 160, 167-168, 27 L.Ed.2d 162 (1970); *Combs v. Turner,*25 Utah 2d 397, 400-01, 483 P.2d 437, 439 (1971).

The decision of the district court is affirmed.

HALL, C.J., and HOWE, STEWART and DURHAM, JJ., concur.
EXHIBIT 32.2CERTIFICATION 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 Caribou Coffee Company, Inc. (the “Company”) onForm 10-Q for the quarter ended March 30, 2008, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Kaye R. O’Leary, Acting Chief Financial Officer ofthe Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-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 SecuritiesExchange Act of 1934; and(2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.May 8, 2008              /s/ Kaye R. O’Leary   Kaye R. O’Leary   Acting Chief Financial Officer
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

In connection with the Quarterly Report of AmREIT Monthly Income &
Growth Fund III, Ltd. (the Company) on Form 10-Q for the period ended
September 30, 2009, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, H. Kerr Taylor, certify, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, in my capacity
as an officer of the General Partner of the company, that, to my knowledge:

| |    |                                                                                                                                                       
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------
| | 1. | The Report fully complies with the requirements of section 13(a) or
 15(d), as applicable, 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: | November 13,
 2009 |  | By:   | /s/ H. Kerr
 Taylor                                                                                                                                             
|      |                    |  | Name: | H. Kerr
 Taylor                                                                                                                                                 
|      |                    |  | Title | President
 and Chief Executive Officer of AmREIT Monthly Income & Growth III
 Corporation, the General Partner of AmREIT Monthly Income & Growth Fund
 III, Ltd.

---
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
 
 
 In connection with the Quarterly Report of Resource Capital Corp. (the "Company") on Form 10-Q for the quarterly period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jonathan Z. Cohen, Chief Executive Officer of 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 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.
 
 
 November 5, 2010
/s/ Jonathan Z. CohenJonathan Z. CohenChief Executive Officer
Exhibit 23.1


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

Board of Directors and Stockholders
Schein Pharmaceutical, Inc.

We hereby consent to the incorporation by reference in the Prospectus
constituting a part of the Registration Statement on Form S - 8 (No. 333-49827)
dated April 9, 1998 of our reports dated February 10, 1999, relating to the
consolidated financial statements and schedule of Schein Pharmaceutical, Inc.
appearing in the Company's Annual Report on Form 10-K for the year ended
December 26, 1998.

We also consent to the reference to us under the caption "Experts" in the
Prospectus.


/s/ BDO Seidman, LLP

BDO SEIDMAN, LLP

New York, New York
March 24, 1999
**Exhibit 31.1****CERTIFICATION**I, David M. Kepler, certify that: 1. I have reviewed this Quarterly Report on Form 10-QSB of Greenville FederalFinancial Corporation;  2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made,in light of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the small business issueras of, and for, the periods presented in this report;  4. The small business issuer’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:   (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the small business issuer,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;    (b) Evaluated the effectiveness of the small business issuer’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and    (c) Disclosed in this report any change in the small business issuer’sinternal control over financial reporting that occurred during the smallbusiness issuer’s most recent fiscal quarter (the small business issuer’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the small businessissuer’s internal control over financial reporting; and 5. The small business issuer’s other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financial reporting, tothe small business issuer’s auditors and the audit committee of the small businessissuer’s board of directors (or persons performing the equivalent functions):   (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the small business issuer’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 small business issuer’s internalcontrol over financial reporting.        Date: November 6, 2007 /s/David M. Kepler   David M. Kepler   President and Chief Executive Officer
EMERGENCY ACTION ON REGULATIONS 

263 

MARYLAND REGISTER, VOLUME 38, ISSUE 4, FRIDAY, FEBRUARY 11, 2011 

Title 14 

INDEPENDENT AGENCIES 

Subtitle 01 STATE LOTTERY AGENCY 

14.01.10 Video Lottery Terminals 

Authority: State Government Article, Title 9, Subtitle 1A, Annotated Code of 

Maryland 

Notice of Emergency Action 

[11-075-E] 

The Joint Committee on Administrative, Executive, and 

Legislative Review has granted emergency status to amendments to 

Regulation .20 under COMAR 14.01.10 Video Lottery Terminals. 

Emergency status began: January 20, 2011. 

Emergency status expires: July 19, 2011. 

Editor’s Note: The text of this document will not be printed here 

because it appeared as a Notice of Proposed Action in 38:3 Md. R. 

206 — 207 (January 28, 2011), referenced as [11-075-P]. 

STEPHEN L. MARTINO 

Director 

State Lottery Agency 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 09 MARYLAND CO2 BUDGET 

TRADING PROGRAM 

Notice of Emergency Action 

[11-029-E] 

The Joint Committee on Administrative, Executive, and 

Legislative Review has granted emergency status to amendments to: 

(1) Regulation .02 under COMAR 26.09.01 General 

Administrative Provisions; and 

(2) Regulation .08 under COMAR 26.09.02 Applicability, 

Determining Compliance, and Allowance Distribution. 

Emergency status began: February 1, 2011. 

Emergency status expires: July 30, 2011. 

Editor’s Note: The text of this document will not be printed here 

because it appeared as a Notice of Proposed Action in 38:2 Md. R. 

96—100 (January 14, 2011), referenced as [11-029-P]. 

ROBERT M. SUMMERS, Ph.D. 

Acting Secretary of the Environment 

Subtitle 11 AIR QUALITY 

Notice of Emergency Action 

[11-030-E] 

The Joint Committee on Administrative, Executive, and 

Legislative Review has granted emergency status to amendments to: 

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; 

(2) Regulations .01 and .12 under COMAR 26.11.02 Permits, 

Approvals, and Registration; and 

(3) Regulation .14 under COMAR 26.11.06 General Emission 

Standards, Prohibitions, and Restrictions. 

Emergency status began: January 2, 2011, 

Emergency status expires: June 30, 2011. 

Editor’s Note: The text of this document will not be printed here 

because it appeared as a Notice of Proposed Action in 38:2 Md. R. 

101—104 (January 14, 2011), referenced as [11-030-P]. 

ROBERT M. SUMMERS, Ph.D. 

Acting Secretary of the Environment