alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### THE FLORIDA BAR, Complainant, v. Steven L. SOMMERS, Respondent.

No. 70973.

Supreme Court of Florida.

Oct. 8, 1987.

John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee, and John B. Root, Jr., Bar Counsel, Orlando, for complainant.

Steven L. Sommers, Orlando, in pro. per.

PER CURIAM.

The Florida Bar petitions the Court for approval of the respondent attorney’s conditional guilty plea for a consent judgment. The plea was filed pursuant to Rule 3-7.-8(a) of the Rules Regulating The Florida Bar.

In his plea respondent states that he neglected legal matters entrusted to him by clients. He describes five separate instances of failure to carry out agreements for professional services. Respondent admits that his misconduct in these matters *666constituted violations of the following Disciplinary Rules of the former Florida Bar Code of Professional Responsibility: D.R. 1-102(A)(1) (violation of a disciplinary rule); D.R. 1-102(A)(6) (conduct adversely reflecting on fitness to practice law); D.R. 6-101(A)(3) (neglecting a legal matter); D.R. 7-101(A)(l) (failure to seek the lawful objectives of a client); and D.R. 7-101(A)(2) (failure to carry out a contract of employment with a client). In one of the instances, respondent admits to a violation of D.R. 9-102(B)(4) (failure to promptly deliver funds or property as requested).

The respondent’s plea states that the factual background and underlying causes of his misconduct are the same as were described in this Court’s opinion in *The Florida Bar v. Sommers,*508 So.2d 341 (Fla.1987). In that proceeding, respondent was found guilty on several counts of neglecting clients’ cases and was subjected to certain specified disciplinary measures. The consent judgment in the instant case, approved by The Florida Bar, provides for a suspension from the practice of law for ninety days, to commence retroactively and run concurrently with the suspension ordered in the earlier proceeding. In addition, respondent is to be placed on probation for three years, to run concurrently with and under the same terms and conditions as the probation imposed in the earlier proceeding.

We accept respondent’s plea and approve the consent judgment. Respondent shall be suspended from the practice of law for ninety days, with retroactive effect, allowing the suspension to run concurrently with the suspension previously imposed. Respondent is placed on probation for three years to run concurrently with and under the same conditions as the probation previously ordered.

It is so ordered.

MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ„ concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-6350

JOHN PAUL TURNER,

Petitioner - Appellant,

versus

SUPERINTENDENT OF ROCKRIDGE REGIONAL JAIL,

Augusta County Sheriff,

Respondent - Appellee.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, District

Judge. (CA-03-761-7-SGW)

Submitted: July 29, 2005 Decided: September 6, 2005

Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Paul Turner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

John Paul Turner appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

Turner’s Fed. R. Civ. P. 60(b) motion. We have reviewed the record

and find no reversible error. Accordingly, we deny a certificate

of appealability and dismiss the appeal. 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. The motion for consolidation is

denied.

DISMISSED
50162.

#### GATTLEN v. THE STATE.

Submitted February 10, 1975

Decided February 20, 1975.

*K. Reid Berglund,*for appellant.

*Lewis R. Slaton, District Attorney, H. Allen Moye, Richard E. Hicks, Joseph J. Drolet, Assistant District Attorneys,*for appellee.

Deen, Presiding Judge.

Defendant Gattlen was convicted of aggravated assault and sentenced to serve five years. He brings his appeal from the judgment and sentence. The only enumeration of error urged is "that the court erred in allowing implications of bad character to be introduced without first having introduced evidence of his good character or reputation.” *Held:*

The record discloses no objection, motion to strike, or motion for a mistrial was made by defendant’s counsel as to the testimony under consideration. A failure to object at the proper time constitutes a waiver of the objection. *Starr v. State,*229 Ga. 181 (190 SE2d 58).

*Judgment affirmed.*

*Evans and Stolz, JJ., concur.*
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40418 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus EDGAR CASTILLO-LUCIO, also known as Jose Lopez Hernandez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-00-CR-488-1

-------------------- April 11, 2002 Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM: * Edgar Castillo-Lucio appeals the sentence imposed following his conviction for illegally reentering the United States after having been deported, a violation of 8 U.S.C. § 1326. He argues that the district court erred by concluding that his prior conviction for unauthorized use of a motor vehicle was an aggravated felony. However, he did not raise his argument in the district court. Castillo-Lucio acknowledges that this court hasNo. 01-40418 -2- held that the offense is an aggravated felony, and avers that he is raising the issue solely to preserve it for further review.This court rejected the precise argument raised by CastilloLucio in United States v. Galvan-Rodriguez , 169 F.3d 217 (5th Cir. 1999). Galvan-Rodriguez is binding precedent; therefore, absent a decision by the Supreme Court or en banc consideration by this Court, it cannot be overturned by another panel of this
court. See United States v. Arce , 118 F.3d 335, 338-39 (5th Cir. 1997). AFFIRMED.
II 

111TH CONGRESS 

1ST SESSION S. 2393 

To extend the temporary suspension of duty on Benzo[1,2-b:4,5-b’]difuran2,6-dione, 3-phenyl-7-(4-propoxyphenyl)-. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mrs. HAGAN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend the temporary suspension of duty on Benzo[1,2- 

b:4,5-b’]difuran-2,6-dione, 3-phenyl-7-(4-propoxyphenyl)-. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. BENZO[1,2-B:4,5-B’]DIFURAN-2,6-DIONE, 3- 

4 PHENYL-7-(4-PROPOXYPHENYL)-. 

5 (a) IN GENERAL.—Heading 9902.24.97 of the Har6 monized Tariff Schedule of the United States (relating to 

7 Benzo[1,2-b:4,5-b’]difuran-2,6-dione, 3-phenyl-7-(4- 

8 propoxyphenyl)-) is amended by striking ‘‘12/31/2009’’ 

9 and inserting ‘‘12/31/2011’’. 


jlentini on DSKJ8SOYB1PROD with BILLS
2 

•S 2393 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


jlentini on DSKJ8SOYB1PROD with BILLS
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 10-KSB/A
 (Amendment No. 1)
 x
    
    ANNUAL REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934For the fiscal year ended December 31, 2007o
    
    TRANSITION REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
  CONSULIER ENGINEERING, INC.
 
  Florida
    
    59-2556878(State or other jurisdiction of incorporation or organization)
    
    (IRS Employer Identification No.)
 2391 Old Dixie Highway, Riviera Beach, Florida
    
    33404(Address of principal executive offices)
    
    (Zip Code)
   
 o
 x o
 x
 o x
   APPLICABLE ONLY TO CORPORATE REGISTRANTS
  DOCUMENTS INCORPORATED BY REFERENCE
 None.
 o x
 EXPLANATORY NOTE




---



##### 



ITEM 13. EXHIBITS
 Number
    
    Description31.1
    
    Section 302 Certification of Chief Executive Officer31.2
    
    Section 302 Certification of Chief Financial Officer
 2




---



##### 



SIGNATURES
  CONSULIER ENGINEERING, INC.Dated:  July 25, 2008
    By:
    /s/ Warren B. MoslerWarren B. MoslerChairman of the Board of Directors,
President and Chief Executive Officer  Name
    
    Title
    
    Date/s/ Warren B. Mosler

Warren B. Mosler
    
    Chairman of the Board of Directors,
President and Chief Executive Officer
    
    July 25, 2008/s/ Alan R. Simon

Alan R. Simon
    
    Secretary, Treasurer
    
    July 25, 2008/s/ James Combias

James Combias
    
    Director
    
    July 25, 2008
 3
[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Notices]
[Page 15759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6474]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Final Effect of Designation of a Class of Employees for Addition 
to the Special Exposure Cohort

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Centers for Disease Control and Prevention, Department of Health and 
Human Services (HHS).

ACTION: Notice.

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

SUMMARY: HHS gives notice concerning the final effect of the HHS 
decision to designate a class of employees from the Savannah River Site 
in Aiken, South Carolina, as an addition to the Special Exposure Cohort 
(SEC) under the Energy Employees Occupational Illness Compensation 
Program Act of 2000. On February 2, 2012, as provided for under 42 
U.S.C. 7384q(b), the Secretary of HHS designated the following class of 
employees as an addition to the SEC:

    All employees of the Department of Energy, its predecessor 
agencies, and their contractors and subcontractors who worked at the 
Savannah River Site from January 1, 1953, through September 30, 
1972, for a number of work days aggregating at least 250 work days, 
occurring either solely under this employment or in combination with 
work days within the parameters established for one or more other 
classes of employees included in the Special Exposure Cohort.

    This designation became effective on March 3, 2012, as provided for 
under 42 U.S.C. 7384l(14)(C). Hence, beginning on March 3, 2012, 
members of this class of employees, defined as reported in this notice, 
became members of the SEC.

FOR FURTHER INFORMATION CONTACT: Stuart L. Hinnefeld, Director, 
Division of Compensation Analysis and Support, National Institute for 
Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, 
Cincinnati, OH 45226, Telephone 877-222-7570. Information requests can 
also be submitted by email to <a href="/cdn-cgi/l/email-protection#d09493918390939493fe979f86"><span class="__cf_email__" data-cfemail="36727577657675727518717960">[email protected]</span></a>.

John Howard,
Director, National Institute for Occupational Safety and Health.
[FR Doc. 2012-6474 Filed 3-15-12; 8:45 am]
BILLING CODE 4163-19-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### Paul M. HIGGS, Appellant, v. STATE of Alaska, Appellee.

No. A-46.

Court of Appeals of Alaska.

Feb. 17, 1984.

James L. Johnston, Anchorage, for appellant.

Elizabeth H. Sheley, Asst. Dist. Atty., Victor C. Krumm, Dist. Atty., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

Paul M. Higgs was convicted of three counts of sexual abuse of a minor, AS 11.41.440(a)(1), and one count of contributing to the delinquency of a minor, AS 11.51.130(a)(4). He received a sentence of four years’ imprisonment on each count of sexual abuse. The sentences on the two remaining counts were consecutive to count I but concurrent to each other. Part of the total sentence was suspended. Higgs received a total sentence of eight years’ imprisonment with four years suspended. He appeals, contending that the sentence is excessive. We disagree and affirm.

The record establishes that Higgs twice performed anal intercourse on M.S., his thirteen-year-old nephew. In addition, Higgs performed fellatio on M.S. between twelve and fifteen times, and had the boy perform fellatio on him and engage in mutual masturbation on numerous occasions during a two-month period. No force or threat of force was used.

At the time Higgs sexually abused M.S. his crimes were class C felonies with maximum penalties of five years’ imprisonment. Presumptive sentences were two and three years for second and third offenders, respectively. AS 12.55.125(e). Judge Ripley specifically found that the circumstances of Higgs’s offenses warranted a sentence exceeding the statutory presumptive sentences for recidivists. *See Austin v. State,*627 P.2d 657 (Alaska App.1981).

Under current law, Higgs’s primary offenses would be class B felonies. AS 11.-41.436. Had his victim been a year younger, Higgs’s conduct would have constituted class A felonies. AS 11.41.434. Given the number of incidents, the relative ages of the parties, and the fact that Higgs’s conduct bordered on more serious offenses, we have concluded that a total sentence of eight years with four years suspended was not clearly mistaken. *See Goulden v. State,*656 P.2d 1218, 1221-22 (Alaska App. 1983).

The sentence of the superior court is AFFIRMED.
#### STATE of Louisiana v. Roland RANKER.

No. 88-KH-2386.

Supreme Court of Louisiana.

April 21, 1989.

Reconsideration Denied June 30, 1989.

In re Ranker, Roland; — Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “D”, No. 223-188.

Denied.
#### STATE of Louisiana v. Derrick WHONDER.

No. 89-KH-0122.

Supreme Court of Louisiana.

Feb. 17, 1989.

In re Whonder, Derrick; Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “F”, No. 299-064.

Denied. The order by the 4th Circuit Court of Appeal is appropriate.
SECTION 1350 CERTIFICATIONS




This Certificate is being delivered pursuant to the requirements of Section 1350 of Chapter 63 (Mail Fraud) of Title 18 (Crimes and Criminal Procedures) of the United States Code and shall not be relied on by any person for any other purpose.




The undersigned, who are (i) the Chief Executive Officer of UMTH Land Development, L.P., the general partner of United Development Funding III, L.P. (the “Partnership”) and (ii) the Chief Financial Officer of UMTH Land Development, L.P., the general partner of the Partnership, each hereby certify as follows:




The Quarterly Report on Form 10-Q of the Partnership (the “Report”), which accompanies this Certificate, fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and all information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Partnership.









Dated this 15th day of November, 2010.











/s/ Hollis M. Greenlaw


Hollis M. Greenlaw


Chief Executive Officer of UMTH Land Development, L.P., sole general partner of the Registrant, and President and Chief Executive Officer of UMT Services, Inc., sole general partner of UMTH Land Development, L.P.








/s/ Cara D. Obert


Cara D. Obert


Chief Financial Officer of UMTH Land Development, L.P., sole general partner of the Registrant








A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the registrant and will be retained by the registrant and furnished to the Securities and Exchange Commission or its staff upon request.
#### Patricia Jean PERDUE, Appellant, v. J.T. PERDUE, Appellee.

No. 86-1007.

District Court of Appeal of Florida, Fifth District.

April 30, 1987.

*73Grady W. White and George E. McCarthy, Melbourne, for appellant.

James R. Dressier, Cocoa Beach, for ap-pellee.

ORFINGER, Judge.

In this modification proceeding, we reject the former wife’s contention that the trial court should have granted her more alimony than the 100% increase which was given. We find no abuse of the trial court’s discretion in that regard.

We do agree, however, with her contention that the increased award should have been made retroactive to the time when the petition for modification was filed. The record supports her position that her needs and the former husband’s ability to pay have been continuously present since that time, and under these circumstances, the award should have been made effective as of the date of the filing of the petition. *Fotorny v. Fotorny,*397 So.2d 329 (Fla. 4th DCA 1981); *Meltzer v. Meltzer,*356 So.2d 1263 (Fla. 3d DCA 1978). We therefore affirm the award but reverse the order appealed from insofar as it orders the husband to make the increased payments only from the time that the judgment was entered. We remand the cause to the trial court with directions to correct its order so as to make the increased alimony payments retroactive to the date of the filing of the petition for modification.

AFFIRMED in part; REVERSED in part; REMANDED.

UPCHURCH, C.J., and COBB, J., concur.
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 accompanying Annual Report On Form 10-KSB of Charys
Holding Company, Inc. for the fiscal year ending April 30, 2006, I, Raymond J.
Smith, Chief Financial Officer of Charys Holding Company, Inc., hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     1.     Such Annual Report on Form 10-KSB for the fiscal year ending April
30, 2006, 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 such Annual Report on Form 10-KSB for
the fiscal year ending April 30, 2006, fairly presents, in all material
respects, the financial condition and results of operations of Charys Holding
Company, Inc.


     Dated: August 23, 2006.

                                    /s/  Raymond J. Smith
                                    --------------------------------------------
                                    Raymond J. Smith, Chief Financial Officer of
                                    Charys Holding Company, Inc.
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 Fund.com Inc. (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, Michael Hlavsa, Chief
Financial Officer, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant
to ss. 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.





Date:
            November
      23, 2009By:
            /s/
      Michael HlavsaName:
            Michael
      HlavsaTitle:
            Chief
      Financial Officer (Principal Accounting and Financial
    Officer)
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 19-0120

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

DOUGLAS EUGENE INGRAM,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable Matthew J. Cuffe, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

September 23 2020

09/23/2020

Case Number: DA 19-0120
#### Willie Earl SHAFFER, a/k/a Moody v. STATE of Mississippi.

No. 91-KA-0980.

Supreme Court of Mississippi.

Dec. 23, 1993.

Stan Perkins, Greenville, for appellant.

Michael C. Moore, Atty. Gen., Deirdre McCrory, Sp. Asst. Atty. Gen., Jackson, for appellee.

Appeal No. 22037 from Judgment dated Sept. 18, 1991, Eugene M. Bogen, Ruling Judge, Washington County Circuit Court.

Before HAWKINS, C.J., and SULLIVAN and SMITH, JJ.

Affirmed.

DAN M. LEE and PRATHER, P.JJ., and BANKS, McRAE and JAMES L. ROBERTS, Jr., JJ., concur.

PITTMAN, J., not participating.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           3,186
<SECURITIES>                                         0
<RECEIVABLES>                                    1,998
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          60,551
<DEPRECIATION>                                   7,235
<TOTAL-ASSETS>                                  63,593
<CURRENT-LIABILITIES>                                0
<BONDS>                                         38,957
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            15
<OTHER-SE>                                      22,366
<TOTAL-LIABILITY-AND-EQUITY>                    63,593
<SALES>                                              0
<TOTAL-REVENUES>                                 8,666
<CGS>                                                0
<TOTAL-COSTS>                                    4,358
<OTHER-EXPENSES>                                 1,128
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,629
<INCOME-PRETAX>                                  (568)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (568)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (568)
<EPS-PRIMARY>                                    (.37)
<EPS-DILUTED>                                    (.37)
        

</TABLE>
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00243-CV

James L. Mundie Jr.

v.

The State of Texas

§

§

§

§

From the 211th District Court

of Denton County (F-2001-0230-C)

December 22, 2016

Opinion by Justice Meier

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s order. It is ordered that the order of the trial 

court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By /s/ Bill Meier 

 Justice Bill Meier