alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-11199

(Summary Calendar)

JAMES EDWARD HIGHTOWER,

Petitioner-Appellant, 

versus

GARY L. JOHNSON, Director, 

Texas Department of Criminal 

Justice, Institutional Division, 

Respondent-Appellee. 

Appeal from the United States District Court

for the Northern District of Texas

(3:96-CV-913)

April 15, 1997

Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges. 

BY THE COURT:*

ON REHEARING

Following execution of our order granting respondentappellee’s motion to expand the record on appeal to include state
2

court records, we granted respondent-appellee’s petition for panel

rehearing. We have now revisited the record as thus expanded and

considered it in light of respondent-appellee’s said motion and

petition, as well as petitioner-appellant’s motion for Certificate

of Probable Cause, which we construed and continue to construe as

a motion for a Certificate of Appealability (COA). Our review and

the now-complete record on appeal satisfies us that our original

grant of COA was erroneous, as was our vacatur of the judgment of

the district court and our remand to that court with instructions,

particularly in light of the revelation that the district court had

the state court records before it when it denied COA to petitionerappellant. 

We therefore vacate and withdraw our judgment filed February

12, 1997, thereby revoking our grant of COA to petitionerappellant, our vacatur of the judgment of the district court, and

our remand to that court; and we now affirm the original judgment

of the district court in all respects. 

AFFIRMED.
# EUR-Lex - 22003D0122 - EN

Avis juridique important

*|*

# 22003D0122

**Decision of the EEA Joint Committee No 122/2003 of 26 September 2003 amending Annex XVIII (Health and safety at work, labour law and equal treatment for men and women) to the EEA Agreement **

*
Official Journal L 331 , 18/12/2003 P. 0048 - 0049 *

Decision of the EEA Joint Committee

No 122/2003

of 26 September 2003

amending Annex XVIII (Health and safety at work, labour law and equal treatment for men and women) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as "the Agreement", and in particular Article 98 thereof,

Whereas:

(1) Annex XVIII to the Agreement was amended by Decision of the EEA Joint Committee No 54/2003 of 16 May 2003(1).

(2) Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer(2), is to incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 24 (Council Directive 80/987/EEC) of Annex XVIII to the Agreement:

"- 32002 L 0074: Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 (OJ L 270, 8.10.2002, p. 10)."

Article 2

The texts of Directive 2002/74/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 27 September 2003, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee(3).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 26 September 2003.

For the EEA Joint Committee

The President

H. S. H. Prinz Nikolaus von Liechtenstein

(1) OJ L 193, 31.7.2003, p. 32.

(2) OJ L 270, 8.10.2002, p. 10.

(3) Constitutional requirements indicated.
#### Jacob AUER v. Raymond James NITKEY et al.

No. 8465.

Circuit Court of Appeals, Sixth Circuit.

Nov. 16, 1939.

Kieran P. O’Gallagher, of Chicago, Ill., for appellant.

George E. Alcorn, of Dayton, Ohio, for appellees.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

PER CURIAM.

It is ordered that the motion of the Guardian Securities Company and the S. T. McKnight Company for leave to file motion to dismiss herein be and the same is granted.

It is further ordered that said motion to dismiss appeal be and the same is granted and the appeal is hereby dismissed.
Affirmed and Memorandum Opinion filed October 2, 2012.

In The

Fourteenth Court of Appeals

NO. 14-11-00627-CV

IN THE MATTER OF T.T.L., a Juvenile

On Appeal from the County Court at Law

Waller County, Texas

Trial Court Cause No. JV08-17

M E M O R A N D U M O P I N I O N

On January 13, 2009, appellant, a juvenile, was adjudicated delinquent on a 

determinate-sentence petition alleging the first-degree felony offense of aggravated 

sexual assault of a child for which he was sentenced to ten years' confinement in the 

Texas Youth Commission with possible transfer to the adult system. See Tex. Penal Code 

Ann. § 29.03 (West 2011); Tex. Fam. Code Ann. §§ 51.03, 53.045(a) (West Supp. 2012). 

Subsequently, the State requested the trial court to conduct a hearing for the purpose of 

considering the transfer of appellant from the custody of the Texas Youth Commission to 

the custody of the Texas Department of Criminal Justice–Institutional Division (TDCJ–

ID) for the remainder of his sentence. See Tex. Fam. Code Ann. § 54.11 (West Supp. 
2

2012). The trial court ordered appellant transferred to TDCJ–ID for the remainder of his 

sentence. See Tex. Fam. Code Ann. § 54.11(k) (West Supp. 2012). Appellant appeals the 

trial court's order transferring his custody to TDCJ–ID. We affirm.

Appellant’s appointed counsel filed a brief in which he concludes the appeal is 

wholly frivolous and without merit. The brief meets the requirement of Anders v. 

California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by advancing contentions which counsel 

says might arguably support the appeal. See High v. State, 573 S.W.2d 807 

(Tex.Crim.App.1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App.1974); Jackson v. 

State, 485 S.W.2d 553 (Tex.Crim.App.1972); Gainous v. State, 436 S.W.2d 137 

(Tex.Crim.App.1969); see also In re D.A.S., 973 S.W.2d 296, 298 (Tex.1998) (Texas 

Supreme Court held that the Anders procedure applies to juvenile appeals and noted that, 

although juvenile-delinquency proceedings are classified as civil, their nature is quasicriminal). A copy of counsel’s brief was delivered to appellant. Appellant was advised 

of the right to examine the appellate record and file a pro se response. See Stafford v. 

State, 813 S.W.2d 503, 510 (Tex. (Tex. Crim. App.1991). As of this date, no pro se 

response has been filed.

We have carefully reviewed the record and counsel’s brief and agree the appeal is 

wholly frivolous and without merit. Further, we find no reversible error in the record. 

We are not to address the merits of each claim raised in an Anders brief or a pro se 

response when we have determined there are no arguable grounds for review. See 

Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Panel consists of Justices Frost, Christopher, and Jamison.
#### The People of the State of New York, Appellant, v Miguel Pena, Respondent.

—Order, Supreme Court, New York County (Jay Gold, J.), entered June 20, 1990, which granted defendant’s motion to suppress physical evidence, unanimously affirmed.

Police officers, part of a team assigned to execute a warrant, *306arrived in their vehicle at 1320 Riverside Drive, where the defendant was standing on the sidewalk. As part of their duties relating to the execution of the warrant, the officers had their guns drawn and shields displayed. According to one of the officers, his attention was drawn to the defendant, who appeared nervous. According to the hearing court, whose findings of fact should not be lightly disturbed on appeal *(People v Eleby,*137 AD2d 707, *lv denied*71 NY2d 1026), the officer immediately approached the defendant, who dropped a brown paper bag from under his jacket. As the defendant turned, as if to walk away, the officer pointed his gun at defendant and called, "Excuse me.” When the defendant failed to respond immediately, and before he took a step, he was physically restrained, and the bag then searched, uncovering a quantity of cocaine.

We find that the police had no reasonable suspicion to restrain or otherwise interfere with defendant prior to searching the paper bag. Because defendant was arrested before the bag was searched, we affirm the grant of suppression on this basis alone, and do not reach the issue whether there was an abandonment of the bag.

The suppression court found that, as the People conceded, there was no probable cause to arrest defendant before the bag was searched, and therefore, the search could not be valid as a search incident to arrest. The suppression court then considered the issue of abandonment, and concluded that, under the circumstances, given the precipitous conduct of the officers, the evidence did not demonstrate an abandonment. Concur—Murphy, P. J., Wallach, Asch, Kassal and Smith, JJ.
OMB Control Number: 2060-0482

Expiration Date: 6/30/15 

EPA Form # 5900-143, Revised 7/14

 U.S. Environmental Protection Agency

 STRATOSPHERIC OZONE PROTECTION PROGRAM

CLASS I CONTROLLED SUBSTANCE

METHYL BROMIDE

SECOND-PARTY TRANSFORMATION ANNUAL REPORT

(40 CFR 82.13)

SECTION 1 COMPANY IDENTIFICATION

1.1 Date of Submission 1.2 Year to Which This Report Applies

1.3 Original Submittal Re-submittal

1.4 Have you submitted an IRS certificate of intent to transform to the producer or importer 

(per 40 CFR 82.13)? Yes No

1.5 Company Information

Company Name 

Street Address 

City State Zip Code 

1.6 Company Contact Identification

Reporting Company Contact Person 

E-mail Address 

Phone Number Fax Number 

1.7 Transformation Total

Second-Party Transformation of Methyl Bromide (kg): 

1.8 Signature of Reporting Company Representative

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached 

documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the 

submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information,

including the possibility of fine and imprisonment.

Name 

Title 

Signature Date 

SEND COMPLETED FORMS TO: For U.S. Postal Service:

U.S. EPA

Stratospheric Protection Division

Office of Atmospheric Programs

Mail Code: 6205T

1200 Pennsylvania Avenue, NW

Washington, D.C. 20460

For Private Courier:

U.S. EPA

Stratospheric Protection Division

Office of Atmospheric Programs

Room 4355CC

1201 Constitution Avenue, NW

Washington, D.C. 20004

A company may assert a claim of confidentiality for information submitted in this form by clearly marking that information as confidential. Such information shall 

be treated in accordance with EPA’s procedures for information claimed as confidential at 40 CFR Part 2, Subpart B, and will only be disclosed by the means

set forth in the subpart. If no claim of confidentiality accompanies the report when it is received by EPA, it may be made public without further notice to the 

company (40 CFR 2.203).

The public reporting and recordkeeping burden for this collection of information is estimated to average 1.3 hours per response. Send comments on the 

Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including 

through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 

Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.
FILED IN 12th COURT OF APPEALS TYLER, TEXAS 4/16/2015 11:38:06 AM CATHY S. LUSK Clerk
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1996
<PERIOD-START>                             JAN-01-1997             JAN-01-1996
<PERIOD-END>                               MAR-31-1997             MAR-01-1996
<CASH>                                         118,478                  50,209
<SECURITIES>                                         0                       0
<RECEIVABLES>                                1,015,155               1,518,385
<ALLOWANCES>                                         0                       0
<INVENTORY>                                    163,314                 257,005
<CURRENT-ASSETS>                             1,428,992               1,936,721
<PP&E>                                       1,748,432               1,819,811
<DEPRECIATION>                               (145,022)               (128,432)
<TOTAL-ASSETS>                               3,622,784               4,186,810
<CURRENT-LIABILITIES>                      (1,194,846)             (1,548,987)
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                   (75,418)                (75,418)
<COMMON>                                       (1,503)                 (1,498)
<OTHER-SE>                                 (1,049,187)             (1,039,817)
<TOTAL-LIABILITY-AND-EQUITY>               (3,622,784)             (4,186,810)
<SALES>                                    (3,272,080)             (1,647,123)
<TOTAL-REVENUES>                           (3,272,080)             (1,647,123)
<CGS>                                        3,204,733               1,557,041
<TOTAL-COSTS>                                3,204,733               1,557,041
<OTHER-EXPENSES>                                15,719                   2,493
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              14,624                  10,653
<INCOME-PRETAX>                                  4,429                  46,621
<INCOME-TAX>                                     (185)                  16,293
<INCOME-CONTINUING>                              4,614                  30,328
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     4,614                  30,328
<EPS-PRIMARY>                                     0.03                    0.26
<EPS-DILUTED>                                     0.03                    0.26
        

</TABLE>
Navigate to Homepage
Search
Main navigation
  

        
              Explore the Capitol Campus
                          Art
                            Buildings & Grounds
                            Capitol Hill Facts
                            Visitor Resources
                            Our Blog
                            What We Do
                          Areas of Expertise
                            Programs & Ceremonies
                            Projects
                            Publications
                            Strategic Objectives
                            About Us
                          Who We Are
                            History of the AOC
                            News & Notices
                            Organizational Structure
                            Partnerships & Recognition
                            Work With UsSearch Breadcrumb
    HomeExplore the Capitol CampusThe Art Collection
Arthur H. Vandenberg Room Plaque Serve. Preserve. Inspire.

              Contact Us
                            Accountability
                            Hill Staff Resources
                            AOC Staff Resources
Utility
  

        
              Privacy Policy
                            Image Terms of Use
                            Inspector General
                            U.S. Botanic Garden
                            U.S. Capitol Visitor CenterFacebook
	Twitter
	Flickr
	YouTube
	Instagram
	Subscribe
August 5, 1998

21137

#### Foster v. Hutchinson

Affirmed
EXHIBIT 23
**INDEPENDENT AUDITORS’ CONSENT**
We consent to the incorporation by reference in Registration Statement Nos.333-106500, 333-106493, and 333-88984 on Form S-4 and Registration StatementNos. 033-64984 and 333-61689 on Form S-3 of Dole Food Company, Inc. of ourreport dated March 17, 2004 (which report expresses an unqualified opinion andincludes an explanatory paragraph relating to a change in the method ofaccounting for goodwill), appearing in this Annual Report on Form 10-K of DoleFood Company, Inc. for the year ended January 3, 2004.
DELOITTE & TOUCHE LLP
Los Angeles, California
September 18, 2003

23703

#### State v. Watson

Affirmed
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1995
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   MAR-31-1996
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 3
<TOTAL-ASSETS>                                 7
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       10,000,000
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   7
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               3
<LOSS-PROVISION>                              (3)
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                               (3)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                  (3)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        

</TABLE>
Navigate to Homepage
Search
Main navigation
  

        
              Explore the Capitol Campus
                          Art
                            Buildings & Grounds
                            Capitol Hill Facts
                            Visitor Resources
                            Our Blog
                            What We Do
                          Areas of Expertise
                            Programs & Ceremonies
                            Projects
                            Publications
                            Strategic Objectives
                            About Us
                          Who We Are
                            History of the AOC
                            News & Notices
                            Organizational Structure
                            Partnerships & Recognition
                            Work With UsSearch Breadcrumb
    HomeExplore the Capitol CampusThe Art Collection
Sequoyah Statue
        
                  The Basics
      
Artist
      
Vinnie Ream

(Completed by G. Julian Zolnay)

Materials
    Bronze

Year
    1917

Location
      
National Statuary Hall

This statue of Sequoyah was given to the National Statuary Hall Collection by Oklahoma in 1917.

Sequoyah, inventor of the Cherokee alphabet, was probably born in 1770 in the Indian town of Taskigi, Tennessee. He was raised by his mother as part of the Cherokee community, with no knowledge of the English language, and he became a hunter and fur trader. After being permanently crippled in a hunting accident, he developed his talent for craftsmanship, making silver ornaments and blacksmithing. Convinced that "talking leaves" would benefit his people, he began in 1809 to devise a table of symbols for the 86 sounds in the Cherokee language. The tribal council approved his work in 1821. Within a few years, thousands of Cherokees learned to read and write in their own language. His alphabet was also adopted by the missionaries.

In 1822 Sequoyah visited Cherokees in Arkansas, and in 1828 he moved with them to Oklahoma. He was active in the political life of the tribe, serving as envoy to Washington in 1828 and helping Cherokees displaced from eastern lands. The National Cherokee Council honored him with a medal, which he proudly wore for the rest of his life, and later with an annuity of $300, which his widow continued to receive after his death.

Sequoyah fell ill and died in 1843 while searching for a band of Cherokees who, by tradition, had moved into Mexico before the revolution. The location of his grave is unknown. His memory is perpetuated in the names of two species of redwood trees. Serve. Preserve. Inspire.

              Contact Us
                            Accountability
                            Hill Staff Resources
                            AOC Staff Resources
Utility
  

        
              Privacy Policy
                            Image Terms of Use
                            Inspector General
                            U.S. Botanic Garden
                            U.S. Capitol Visitor CenterFacebook
	Twitter
	Flickr
	YouTube
	Instagram
	Subscribe