alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Suzanne BROWNSTEIN, Appellant, v. STATE of Florida, Appellee.

No. 86-3268.

District Court of Appeal of Florida, Second District.

March 11, 1988.

James Marion Moorman, Public Defender, and D.P. Chanco, Assistant Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary 0. Welch, Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

Defendant appeals from the denial of her motion to suppress capsules of a controlled substance found by the police in defendant’s purse. We reverse.

The capsules were seen by a police officer in the purse while defendant was looking for her driver’s license after the officer had stopped defendant’s car. The officer had no proper basis to stop defendant. The only justifications for the stop were the officer’s testimony that, “Initially I stopped the vehicle to find out if the person was lost, and to let them know they were in a bad part of town and there was some danger being in that location at that particular time,” that the defendant “was a white female traveling alone,” and that “being a police officer, I was cynical. I figured the person was either lost or there to score some dope.”

The capsules should have been suppressed as the product of an unlawful stop. *See Morris v. State,*519 So.2d 706 (Fla. 2d DCA 1988); *Ward v. State,*453 So.2d 517 (Fla. 2d DCA 1984); *Vollmer v. State,*337 So.2d 1024 (Fla. 2d DCA 1976). That defendant was determined to have been driving with a suspended license is of no moment because that determination also resulted from the improper stop. *See Ward.*

*372Reversed and remanded for proceedings consistent herewith.

SCHEB, A.C.J., and SCHOONOVER, J., concur.
#### MEDICAL ARTS PHARMACY v. Clarence RABUN. Clarence RABUN v. BUQUET ICE CO., INC., Coastal States Life Insurance Company and Mutual Security Life Insurance Company.

No. 88-C-0192.

Supreme Court of Louisiana.

Feb. 12, 1988.

In re Coastal States Life Ins. Co.; applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. CA86 1456; Parish of Terrebonne, 32nd Judicial District Court, Div. “E”, No. 78665.

Prior report: La.App., 517 So.2d 480.

Denied.
#### Melba POWERS, Petitioner-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF LARIMER, Respondent-Appellee.

No. 81CA1089.

Colorado Court of Appeals, Div. III.

Sept. 2, 1982.

Kochenburger & Smith, J. Creig Coogan, Fort Collins, for petitioner-appellant.

Harden, Schmidt & Hass, George H. Hass, Fort Collins, for respondent-appellee.

KELLY, Judge.

Petitioner, Melba Powers, sought certio-rari review in the trial court under C.R.C.P. 106(a)(4) after the Board of County Commissioners of Larimer County (Board) determined that her parcel of land was not a separate and distinct lot under county and state subdivision regulations. Since a residence had already been built on the adjoining lot, the subject lot was rendered unusable by the Board’s action. Powers appeals the trial court’s refusal to permit amendment of her petition and its decision in favor of the Board. We reverse and remand for further proceedings.

The record reveals the following facts. The subject property is described as “Lot 3” on a plat which was prepared prior to 1966 *464but never recorded. Following a series of conveyances of this lot and the adjacent lot, Powers purchased Lot 3 and petitioned the Board to determine that it was separate and distinct from the adjacent lot for purposes of development. The Board denied her petition.

Powers timely filed a C.R.C.P. 106(a)(4) petition with the trial court alleging that the Board had abused its discretion. After the Board had filed a responsive pleading, Powers moved to amend her petition by adding a claim for declaratory relief which challenged the constitutionality of the applicable state and local subdivision regulations. She contends that the trial court erred in denying her motion to amend. We agree.

A petitioner’s constitutional and statutory challenges must be litigated in one action governed by the time limits of C.R.C.P. 106(b). *Snyder v. City of Lake*wood, 189 Colo. 421, 542 P.2d 371 (1975). When a C.R.C.P. 106(a)(4) action is timely filed, public policy requires the joinder of all of the petitioner’s claims in one action. *Norby v. City of Boulder,*195 Colo. 231, 577 P.2d 277 (1978). Thus, since Powers was not merely permitted but was required to bring her declaratory relief claim in the same action as her C.R.C.P. 106(a)(4) claim, the trial court abused its discretion by denying leave to amend.

In view of our disposition of the amendment issue, we need not consider Powers’ other contentions of error.

The judgment is reversed and the cause is remanded with directions to grant Powers’ motion to amend her complaint.

SMITH and KIRSHBAUM, JJ., concur.
**EXHIBIT 31.2****Certification of the Chief Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act.**I, Donna G. Lee, Chief Financial Officer of Xenonics Holdings, Inc. certify that: 1. I have reviewed this Quarterly Report on Form 10-QSB of Xenonics Holdings, Inc.;  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, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining 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 suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controlsand 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 registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recentfiscal quarter that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or persons performingthe equivalent functions): a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.           /s/ Donna G. Lee  Date: August 18, 2006    Name: Donna G. Lee      Title: Chief Financial Officer
| 1.   | DEFINITIONS |
|----------------|-------------|

| (a)   | Cause |
|-----------------|-------|

| (b)   | Good      Reason |
|-----------------|------------------|

| 2.   | TERM |
|----------------|------|

| 3.   | DUTIES      AND SERVICES |
|----------------|--------------------------|

| 4.   | COMPENSATION      AND OTHER BENEFITS |
|----------------|--------------------------------------|

| (a)   | Salary |
|-----------------|--------|

| (b)   | Annual      Bonus |
|-----------------|-------------------|

| (c)   | Benefits |
|-----------------|----------|

| (d)   | Equity |
|-----------------|--------|

| 5.   | NON-COMPETITION |
|----------------|-----------------|

| 6.   | CONFIDENTIAL      INFORMATION |
|----------------|-------------------------------|

| 7.   | TERMINATION |
|----------------|-------------|

| (a)   | Termination      by the Company for Cause |
|-----------------|-------------------------------------------|

| (b)   | Termination      Without Cause or Termination For GoodReason |
|-----------------|--------------------------------------------------------------|

| (c)   | Termination      Due to Death or Disability |
|-----------------|---------------------------------------------|

| (d)   | Voluntary      Termination |
|-----------------|----------------------------|

| (e)   | Termination      by the Company at End of EmploymentPeriod |
|-----------------|------------------------------------------------------------|

| 8.   | SURVIVAL |
|----------------|----------|

| 9.   | NOTICES |
|----------------|---------|

| 10.   | WAIVER |
|-----------------|--------|

| 11.   | SUCCESSORS |
|-----------------|------------|

| (a)   | Effect      on Employee |
|-----------------|-------------------------|

| (b)   | Effect      on Company |
|-----------------|------------------------|

| 12.   | NO      THIRD PARTY BENEFICIARIES |
|-----------------|-----------------------------------|

| 13.   | GOVERNING      LAW |
|-----------------|--------------------|

| 14.   | SEVERABILITY |
|-----------------|--------------|

| 15.   | NO      VIOLATION OF OUTSTANDINGAGREEMENT(S) |
|-----------------|----------------------------------------------|

|                                                                     |   |   |                                          |   |
|--------------------------------------------------------------------------|--------|--------|-----------------------------------------------|--------|
|  NEUROGEN      CORPORATION                                          |   |   |  EMPLOYEE                                |   |
|                                                                     |   |   |                                          |   |
| /s/Stephen      R. Davis                                                 |   |   | /s/      George Maynard                       |   |
| Name:       Stephen R. Davis                                        |   |   | Name:  George      Maynard     |   |
| Title          President and Chief Executive Officer |   |   | Title;      Vice President, Earch Development |   |
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 Macquarie Infrastructure Company LLC
(the “Company”) on Form 10-Q for the quarterly period ended March 31, 2010,
as filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Todd Weintraub, Chief Financial 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, to the best of my
knowledge and belief:





(1) the
Report 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 Report fairly presents, in all material respects,
the financial condition and result of operations of the Company.




/s/ Todd
      WeintraubTodd
      WeintraubChief
      Financial OfficerMay
      5, 2010




A signed
original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
#### STATE HIGHWAY COMMISSION OF MISSISSIPPI v. Bishop L. STRONG, et al.

No. 57736.

Supreme Court of Mississippi.

Nov. 16, 1988.

Appeal from Special Court of Eminent Domain, Leake County; Marcus D. Gordon, Judge.

*1125A.R. Wright, Jr., Morris C. Phillips, Jr., Wright & Phillips, Carthage, for appellant.

Dexter C. Nettles, Jr., Smith *&*Smith, Carthage, for appellees.

Before DAN M. LEE, P.J., and ANDERSON and ZUCCARO, JJ.

AFFIRMED.
EXHIBIT 31.2



Certification



I, Joseph Stein, certify that:



1. I have reviewed this quarterly report on Form 10-Q of El Pollo Loco, Inc. (the Company);



2. Based on my knowledge, this 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 report fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report;



4. The Company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 Company 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 Company, 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;



(b) Evaluated the effectiveness of the
Company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 Companys internal control over financial reporting that occurred during the Companys most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Companys internal control over
financial reporting; and



5. The Companys other
certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and the audit committee of the Company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 Company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 Companys internal control over financial reporting.



|                   |  |  |  |  |  |                     |  |                                     
|------------------ |  |  |  |  |  | ------------------- |  | ------------------------------------
|                   |  |  | 
|Date: May 13, 2004 |  |  |  |  |  | /s/    Joseph Stein
|                   |  |  |  |  |  |                     | 
|                   |  |  |  |  |  |                     |  | Joseph Stein 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 accompanying Annual Report on Form 10-KSB (the "Report")
      of
      Diamond Entertainment Corporation (the "Company") for the year ended March
      31,
      2006, as filed with the Securities and Exchange Commission on the date
      hereof  (the “Report”), I, James K.T. Lu, President and Co-Chief Executive
      Officer of the Company, hereby certify pursuant to 18 U.S.C. Section 1350
      as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my
      knowledge, 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.








/s/
                James K.T. LuJames
                K.T. LuTitle:
                President and Co-Chief Executive OfficerDate:
                July 14, 2006
#### In re Frances Ellen Hewitt STRANGE.

No. 87-OB-1392.

Supreme Court of Louisiana.

June 12, 1987.

In re Strange, Frances E. Hewitt; applying for permission to take the Louisiana State Bar Examination.

*77Permission granted to take the LA Bar Exam in July, 1987.
<PAGE>
                                                                    EXHIBIT 99.1

                 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

I hereby certify that this Annual Report on Form 10-K for the annual period
ended December 31, 2002, as filed with the Securities and Exchange Commission on
the date hereof, to the best of my knowledge, fully complies with the
requirements of section 13(a) or 15(d) of the Securities and Exchange Act of
1934 and that the information contained in this report fairly presents, in all
material respects, the financial condition and results of operations of Allied
Waste Industries, Inc.

                                             ALLIED WASTE INDUSTRIES, INC.

                                             By:   /s/ THOMAS H. VAN WEELDEN
                                                ________________________________
                                                      Thomas H. Van Weelden
                                              Chairman of the Board of Directors
                                                   and Chief Executive Officer

      Date:  March 26, 2003
Order issued September 2.4:>, 2012 

In The 

<!rnurt nf l\ppeals 

lf.ifth, 1ilistrict nf Qrexas at 1ilallas 

No. 05-12-00057-CR 

No. 05-12-00058-CR 

LARRY EUGENE FINNEY, Appellant 

v. 

THE STATE OF TEXAS, Appellee 

ORDER 

004209 

On August 22, 2012, this Court notified appellant that his briefwas overdue. To date, the 

Court has not received appellant's brief. 

We ORDER Riann C. Moore, Dallas County Public Defender's Office, to file appellant's 

briefwithin FIFTEEN DAYS from the date of this order. If the brief is not filed within the 

specified time period, we may remove Ms. Moore as appointed counsel for appellant and order 

the trial court to appoint new counsel to represent appellant on appeal. 

LAN~~~ JUSTICE
<TABLE> <S> <C>


<ARTICLE>                          5
       
<S>                                <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>                  DEC-31-1998
<PERIOD-END>                       DEC-31-1998

<CASH>                             19,975
<SECURITIES>                       0
<RECEIVABLES>                      76,808
<ALLOWANCES>                       0
<INVENTORY>                        92,763
<CURRENT-ASSETS>                   319,871
<PP&E>                             405,495
<DEPRECIATION>                     229,611
<TOTAL-ASSETS>                     827,015
<CURRENT-LIABILITIES>              2,093,599
<BONDS>                            0
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<COMMON>                           2,380
<OTHER-SE>                         (1,268,964)
<TOTAL-LIABILITY-AND-EQUITY>       827,015
<SALES>                            162,021
<TOTAL-REVENUES>                   162,021
<CGS>                              135,988
<TOTAL-COSTS>                      0
<OTHER-EXPENSES>                   2,654,658
<LOSS-PROVISION>                   0
<INTEREST-EXPENSE>                 138,441
<INCOME-PRETAX>                    (2,762,066)
<INCOME-TAX>                       0
<INCOME-CONTINUING>                0
<DISCONTINUED>                     0
<EXTRAORDINARY>                    0
<CHANGES>                          0
<NET-INCOME>                       (2,762,066)
<EPS-PRIMARY>                      (1.49)
<EPS-DILUTED>                      (1.49)

        

</TABLE>
Fourth Court of Appeals

San Antonio, Texas

January 11, 2023

No. 04-22-00421-CR

Aaron POUCH,

Appellant

v.

The STATE of Texas,

Appellee

From the 198th Judicial District Court, Kerr County, Texas

Trial Court No. B19622-1

Honorable M. Rex Emerson, Judge Presiding

ORDER

After Appellant’s court-appointed counsel filed an Anders brief, on November 22, 2022, 

we notified Appellant that if he desired to file a pro se brief, he must file it by January 3, 2023. 

See TEX. R. APP. P. 38.6(a). On January 3, 2023, Appellant filed a pro se motion for access to 

the appellate record. 

We direct the clerk of this court to send Appellant, by first-class mail, a printed copy of 

the clerk’s and reporter’s records at no cost to Appellant, and to mail the records within one day 

of the date of this order.

Appellant also requested additional time to file a pro se brief. The request is granted. 

We order Appellant to file his brief within forty days of the date of this order. See TEX. R. APP.

P. 38.6(d). If Appellant files a pro se brief, the State may file a responsive brief not later than 

thirty days after the date Appellant’s pro se brief is filed in this court. See id. R. 38.6(b).

If this court determines Appellant’s appeal is frivolous, Appellant may file a petition for 

discretionary review with the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.4. 

Appellant must file the petition with the Clerk of the Court of Criminal Appeals within thirty 

days after this court issues its judgment. See TEX. R. APP. P. 68.2(a). The petition should be 

addressed to Clerk of the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711. 

Counsel’s motion to withdraw is held in abeyance pending further order of this court.
_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 11th day of January, 2023.

___________________________________

MICHAEL A. CRUZ, Clerk of Court
TO: RCRA Docket EPA

- HQ

- RCRA

- 2012

- 0426

FROM: Richard Huggins Jr.
On January 18, 2012 , Office of Resource Conservation and Recovery (ORCR) staff toured a Lowe’s, Advanced Auto Parts and Walmart store with representatives and members of the Retail Industry Leaders Association (RILA) to see firsthand how these retailers are complying with the Resource Conservation and Recovery Act (RCRA). ORCR staff were able to see technology used to map products, how hazardous wastes are accumulate d , how hazardous waste are prepared to be sent off site and learn ed about a store’s hazardous waste program

.

Attendees:
Richard Huggins Jr., Jamie Piziali, Kristin Fitzgerald, Priscilla Halloran, Tiffany Kohler, Jim O’Leary, Jessica Young (ORCR) , David Nicho las (PARMS)
Adam Siege l, Kelly Kolb, Ben Hobbs (RILA)
Rob Gass, (Lowe’s)
Mike Stephenson (Walmart)
Micah Thompson (Advance Auto Parts)