alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 03-16-00272-CR

 

IN THE COURT OF APPEALS 

FOR THE 

THIRD SUPREME JUDICIAL DISTRICT 

AT AUSTIN, TEXAS 

Jaime Alejos Yanez, 

Appellant 

vs. 

THE STATE OF TEXAS, 

Appellee 

Appeal from the 33rd Judicial District Court 

Cause No. 35606B 

Burnet County, Texas 

The Honorable J. Allan Garrett, Judge Presiding 

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME 

Eddie G. Shell

State Bar No. 18191650 

6000 N US Hwy 281 

Marble Falls, Texas 78654 

(830) 798-1690

Fax: (830) 798-0328 

ATTORNEY FOR APPELLANT 

ORAL ARGUMENT IS NOT REQUESTED 

ACCEPTED

03-16-00272-CR

13928022

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/22/2016 12:07:23 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/22/2016 12:07:23 PM JEFFREY D. KYLE Clerk
APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME 

TO FILE BRIEF

Appellant, Jaime Alejos Yanez, files this, his “Second Motion for Extension 

of Time to File Brief,” and in support thereof shows as follows.

I.

1. Appellant's Motion is brought pursuant to TEX.R.APP.P 10.5(b).

2. Appellant has once requested previously an extension of time within which 

to file his brief.

3. Appellant's brief is due on November 23, 2016. 

4. Appellant's attorney had a very busy trial schedule in October and into 

November 2016.

5. In order to address the issues raised in the present appeal thoroughly, 

Appellant's attorney will require more time to complete his brief. Appellant’s 

attorney will require until January 23, 2016 to complete his brief.

6. Accordingly, Appellants request that this Court allow him until January 23, 

2016 to file his brief.
Respectfully submitted,

/s/ Eddie G. Shell

Eddie G. Shell

State Bar No. 18191650

6000 N US Hwy 281

Marble Falls, Texas 78654

(830) 798-1690

Fax: (830) 798-0328

CERTIFICATE OF SERVICE

In compliance with Rule 9.5(d) of the Texas Rules of Appellate Procedure, 

the undersigned attorney certifies that a true and correct copy of the foregoing 

Motion was served Mr. Gary Bunyard of the 33rd and 424th District Attorney’s 

Office via electronic service through efile.txcourts.gov on this 22nd day of

November, 2016 .

/s/ Eddie G. Shell

Eddie G. Shell

CERTIFICATE OF CONFERENCE

In compliance with Rule 10.1(a)(5) of the Texas Rules of Appellate 

Procedure, the undersigned attorney certifies he conferred with the 33rd and 424th 

District Attorney’s Office via email communication concerning this motion.

/s/ Eddie G. Shell

Eddie G. Shell

CERTIFICATE OF COMPLIANCE

Pursuant to TEX. R. APP. PROC. 9.4(i)(3), I hereby certify this brief contains 

125 words. This is a computer-generated document created in Microsoft word, 

using 14-point typeface. In making this this certificate, I rely on the word county 

provided by the software use to prepare the document.

/s/ Eddie G. Shell

Eddie G. Shell
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

APRIL 4, 2007

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 06-12114

Non-Argument Calendar

________________________

BIA No. A95-220-997

ROMAN ASHNUROV, 

Petitioner, 

versus 

U.S. ATTORNEY GENERAL, 

Respondent. 

________________________

No. 06-12115

Non-Argument Calendar

________________________

BIA No. A95-220-998

VIRA KOSTINA, 

Petitioner, 

versus 

U.S. ATTORNEY GENERAL, 

Respondent. 
2

________________________

Petitions for Review of a Decision of the

Board of Immigration Appeals

_________________________

(April 4, 2007)

Before BLACK, MARCUS and PRYOR, Circuit Judges.

PER CURIAM:

Vira Kostina, as lead petitioner for herself and her husband, Roman

Ashnurov, petitions for review of the decisions of the Board of Immigration

Appeals that denied her second motion to reconsider and her motion to reopen her

petition for asylum under the Immigration and Nationality Act. Kostina argues

that the denial of her motion to reopen by the BIA was arbitrary and capricious

because she demonstrated meaningful change in the country conditions of Ukraine

that support a well-founded fear of future persecution. Because Kostina makes no

argument with regard to her appeal of the denial of her motion to reconsider, that

issue is waived. See Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1228 n.2 (11th

Cir. 2005).

“We review the BIA’s denial of a motion to reopen for abuse of discretion. 

Our review is limited to determining whether there has been an exercise of

administrative discretion and whether the matter of exercise has been arbitrary or

capricious.” Ali v. U.S. Att’y Gen., 443 F.3d 804, 808 (11th Cir. 2006) (internal
3

quotation marks and citations omitted). The BIA may grant a motion to reopen if

the movant presents new evidence that is material and was not available and could

not have been discovered or presented at the removal hearing. See 8 C.F.R.

§ 1003.2(c)(1). A petitioner is ordinarily permitted to file one motion to reopen

within 90 days of the date of the final order of removal, see 8 U.S.C.

§ 1229a(c)(7)(C)(i), but the time and numerical limitations do not apply to the

filing of a motion to reopen based on changed country conditions if supported by

evidence that is “material and was not available and would not have been

discovered or presented at the previous proceeding,” 8 U.S.C. § 1229a(c)(7)(C)(ii);

see also 8 C.F.R. § 1003.2(c)(3)(ii). 

Kostina argues that the country conditions in Ukraine have changed and that

there is increased persecution of ethnic minorities in Ukraine, but her evidence

failed to prove materially changed country conditions. Although more detailed,

Kostina’s evidence was substantially the same as the evidence presented to the

Immigration Judge during the asylum hearing. The discrimination alleged in the

evidence, while harassing, also did not rise to the level of persecution. See

Gonzalez v. Reno, 212 F.3d 1338, 1355 (11th Cir. 2000). The BIA did not abuse

its discretion when it denied the motion to reopen. 

PETITION DENIED.
#### STATE ex rel. Karl L. ARMSTRONG v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.

No. 86-KH-2028.

Supreme Court of Louisiana.

June 19, 1987.

In re Armstrong, Karl L.; applying for writ of certiorari, prohibition, mandamus and habeas corpus; Parish of Jefferson, 24th Judicial District Court, Div. “H”.

Denied.
Exhibit 32.1

 

**STATEMENT OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with the Quarterly Report on Form 10-Q of Village Bank and Trust Financial Corp. (the “Company”) for the period ended September 30, 2009, the undersigned Chief Executive Officer and Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that based on their knowledge and            belief: (1) the Form 10-Q for the quarter ended September 30, 2009 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (2) the information contained in the Form 10-Q for the period ended September 30, 2009 fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods presented.

 

 

 

| /s/ Thomas W. Winfree | Date November 13, 2009 |
|-----------------------|------------------------|

| Thomas W. Winfree |
|-------------------|

Chief Executive Officer

 

 

 

| /s/ C. Harril Whitehurst, Jr. | Date November 13, 2009 |
|-------------------------------|------------------------|

| C. Harril Whitehurst, Jr. |
|---------------------------|

Chief Financial Officer
Exhibit 23.1

                         INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Avado Brands, Inc:

     We consent to the incorporation by reference in the registration statements
on Form  S-8  (Nos.  33-49748,  33-68978,  333-3764,  333-3736,  333-56138,  and
333-74422) and the registration  statement on Form S-3 (No.  333-25205) of Avado
Brands, Inc. (the "Company") of our report dated February 27, 2003, with respect
to the consolidated balance sheets of Avado Brands, Inc. as of December 29, 2002
and  December  30,  2001,  and the  related  consolidated  statements  of  loss,
shareholders'  equity (deficit) and comprehensive  loss, and cash flows for each
of the years in the  three-year  period ended  December  29, 2002,  which report
appears in the  December  29, 2002 annual  report on Form 10-K of Avado  Brands,
Inc.

     Our report dated February 27, 2003 contains an  explanatory  paragraph that
states that the Company has suffered  recurring  losses from  operations,  has a
working capital deficit, an accumulated  deficit,  and a secured credit facility
which is due May 25,  2003 that  raise  substantial  doubt  about the  Company's
ability to continue as a going concern.  The consolidated  financial  statements
and do not include any  adjustments  that might  result from the outcome of that
uncertainty.


KPMG LLP

Atlanta, Georgia
February 27, 2003
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-13-00352-CR

Charles R. MCFALL,

Appellant

v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR10746

Honorable Maria Teresa Herr, Judge Presiding

BEFORE CHIEF JUSTICE STONE, JUSTICE ANGELINI, AND JUSTICE MARION

In accordance with this court’s opinion of this date, this appeal is DISMISSED.

SIGNED July 31, 2013.

_________________________________

Catherine Stone, Chief Justice
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-18-00179-CR

VICTOR ORTIZ GONZALEZ, Appellant

V.

THE STATE OF TEXAS

§

§

§

§

§

On Appeal from the 432nd District Court

of Tarrant County (1497894D)

March 11, 2021

Memorandum Opinion by Justice Kerr

(nfp)

JUDGMENT ON REMAND

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

was error in one of the trial court’s judgments. The trial court’s aggravated-assault 

judgment is affirmed. The trial court’s evading-arrest judgment is modified to delete 

one of the $10,000 fines. The trial court’s inmate-funds withdrawal order that is 

incorporated into both judgments is modified to delete $10,000. It is ordered that the 

trial court’s evading-arrest judgment is affirmed as modified.
SECOND DISTRICT COURT OF APPEALS

By _/s/ Elizabeth Kerr_________________

 Justice Elizabeth Kerr
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          Submit
#### Wanda Camille YARBROUGH v. STATE of Mississippi.

No. 57695.

Supreme Court of Mississippi.

July 20, 1988.

Richard P. Ballard, McNeel & Ballard, Louisville, for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Jack B. Lacy, Jr., Asst. Dist. Atty., Eupora, for appellee.

Before HAWKINS, PRATHER and ANDERSON, JJ.

ANDERSON, Justice,

for the Court:

This is an appeal from the Circuit Court of Winston County wherein Wanda Camille Yarbrough was indicted, tried and convicted by a jury of the crime of murder. She was sentenced to life imprisonment. Finding no error sufficient to warrant reversal, we must affirm the judgment and sentence.

Less than two weeks after her return to school from Christmas vacation Yarbrough, a 15-year-old student, stabbed to death a classmate in a fight at the end of the school day. The record reflects a history of hallucinations, paranoia, and other mental problems. It was the finding of the jury that she was not insane at the time of the murder. The issue of insanity is for the jury to determine and we must abide by its verdict. *Hunter v. State,*489 So.2d 1086, 1090-981 (Miss.1986); *Gill v. State,*488 So.2d 801, 802 (Miss.1986); *Gerlach v. State,*466 So.2d 75, 79 (Miss.1985); *Frost v. State,*453 So.2d 695, 698 (Miss.1984); *Hollins v. State,*340 So.2d 438, 440 (Miss.1976).

It is tragic that we are sending to Parch-man a young girl, with an I.Q. of 65, whose mental age is 10, and one who has suffered from mental problems for most of her life.

We know in a few years Yarbrough, who will then be only in her late-20’s, will be eligible for parole. Will she be prepared to return to society? Would she be better prepared had she been sent to Whitfield instead of Parchman?

Be that as it may, finding no error, we must affirm the conviction and sentence of Wanda Camille Yarbrough.

AFFIRMED.

ROY NOBLE LEE, C.J., HAWKINS and DAN M. LEE, P.JJ., and PRATHER, ROBERTSON, SULLIVAN, GRIFFIN and ZUCCARO, JJ., concur.
**EXHIBIT 32.2**

 

**REAL MEX RESTAURANTS, INC.**

**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 theQuarterly Report of Real Mex Restaurants, Inc (the “Company”) on Form 10-Qfor the fiscal quarter ended March 27, 2005, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Steven Tanner,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.§1350, asadopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to myknowledge:

 

(1) The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.

 

May 10, 2005 

 

 
|   |   | By:  | /s/ STEVEN  TANNER                     |   |
|--------|--------|-----------|----------------------------------------|--------|
|   |   |      | Steven Tanner*Chief Financial Officer* |

 

----
Exhibit 31.2

CERTIFICATION



In connection with the Annual Report of Vulcan International Corporation on Form 10-K for the period ending December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Vernon E. Bachman, Vice President and Secretary-Treasurer of Vulcan International Corporation, certify, that:



(1)

I have reviewed this annual report on Form 10-K of Vulcan International Corporation;



(2)

Based on my knowledge, this annual report does not contain any untrue statement of a material 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 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 annual report, fairly present in 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 defined in 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
, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; and



b.

Evaluated the effectiveness of the Registrant's
disclosure controls and procedures and presented in this report our conclusions about the effectiveness 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
most recent 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.



(1)

The Registrant's other certifying officer and I have disclosed, 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 in the 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 other employees who have a significant role in the Registrant's
internal control over financial reporting.







March 31, 2005

/s/Vernon E. Bachman



Vernon E. Bachman

Vice President and

Secretary-Treasurer
EX-10.11





 Exhibit 10.11 

November 6, 2019 
 Jim Shaw 

Re: Summary of Employment Terms 
 Dear Jim, 

This letter is intended to memorialize the understanding of the changes to your employment arrangement with Montauk Energy Holdings, LLC (the
“Company”) from North Regional Operations Manager to your new position as Vice President of Operations. All other terms of your employment will remain unchanged. 

To that end, I am very pleased to offer you the position of Vice President of Operations based on the key terms as outlined below. 

Position: Vice President of Operations 

Key Responsibilities: Reporting to the President & CEO, Sean McClain, with the key responsibilities outlined on the attachment.

 Employment Start Date: Promotion Effective September 24, 2019 

Primary Job Location: Pittsburgh Corporate Office 

Base Salary: $190,000 annually. You will be paid bi-weekly on alternating Fridays via direct
deposit. 
 Bonus Target: 30% of Base Salary in accordance with the Company incentive plan. 

This offer letter does not confer any contractual right, either express or implied, to remain in the Company’s employ. Your employment is
not for any specific time and may be terminated at will, with or without cause and without prior notice, by the Company or you may resign for any reason at any time. 

Finally, I am very excited about the prospect of having you continue with our team and look forward to having your innovative ideas and
energies assist us with the challenges and opportunities ahead. If you agree with the terms set forth in this offer letter, please indicate your acceptance by signing and returning this letter as soon as possible. If you have any questions, please
feel free to contact me at [redacted]. I look forward to your positive response. 













							
	 Sincerely,
	  		  		  	
				
	 /s/ Shannon R. Lewis
	  		  		  	
	 Shannon R. Lewis
	  		  		  	
	 Human Resources Manager
	  		  		  	


							
				
	 Accepted by:
	  	/s/ Jim Shaw	  		  	 Date: December 10, 2019

		  	 Jim Shaw
	  		  	


  
 - 2 -
IV

107TH CONGRESS

1ST SESSION H. CON. RES. 138

Supporting the goals and ideas of National Community Residential Care

Month.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 2001

Mr. OSE submitted the following concurrent resolution; which was referred to

the Committee on Government Reform

CONCURRENT RESOLUTION

Supporting the goals and ideas of National Community

Residential Care Month.

Whereas the need for quality and dependable health care for

the elderly, disabled, and mentally ill increases every

year;

Whereas community residential care provides medical, social,

and nutritional assistance to those in need who cannot

provide for themselves;

Whereas both the national and international community residential care industry is deserving of recognition and appreciation;

Whereas the community residential care industry is staffed

by committed, hardworking professionals who dedicate
2

•HCON 138 IH

their working lives to the care of the elderly, disabled,

and mentally ill;

Whereas those providing community residential care must

meet stringent licensing requirements;

Whereas the community residential care industry provides a

workable and homelike environment for those unable to

care for themselves at home, in a manner which promotes

confidence, support, and self-esteem; and

Whereas the Community Residential Care Association of California recognizes the month of May as ‘‘National Community Residential Care Month’’: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress supports the goals and

3 ideas of National Community Residential Care Month and

4 requests that the President issue a proclamation calling

5 on the people of the United States to observe such a

6 month with appropriate programs and activities.

Æ
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United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

June 11, 2009

Before

FRANK H. EASTERBROOK, Chief Judge

DIANE P. WOOD, Circuit Judge

ANN CLAIRE WILLIAMS, Circuit Judge

No. 07‐3399

UNITED STATES OF AMERICA,

Plaintiff‐Appellee,

v.

BRANDON L. SINGLETON,

Defendant‐Appellant.

Appeal from the United States District

Court for the Southern District of Illinois.

No. 07 CR 30030

Michael J. Reagan,

Judge.

O R D E R

On November 24, 2008, we issued a limited remand under United States v. Taylor, 520

F.3d 746 (7th Cir. 2008), asking the district court to inform us whether it wished to

resentence Brandon Singleton in light of Kimbrough v. United States, 552 U.S. 85 (2007).  See

United States v. Singleton, 548 F.3d 589 (7th Cir. 2008).  The district court has now advised us

that it is inclined to resentence Singleton.  Therefore, we VACATE Singleton’s sentence and

REMAND for resentencing.

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

 Fed. R. App. P. 32.1