alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-84,648-01 & -02 & -03

EX PARTE REED LEWIS ROBERTS, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 4909-A & 4954-A & 4953-A 

IN THE 216TH DISTRICT COURT FROM KENDALL COUNTY

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex

parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts

of aggravated sexual assault and one count of indecency with a child by contact and sentenced to

eighty years’ imprisonment in each of the aggravated sexual assault counts, and ten years’

imprisonment in the indecency with a child by contact count. The ten year sentence in Cause No.

4954 was ordered to run consecutively to the eighty yearsentences in Cause No. 4909 and Cause No.

4953. 

On December 28, 2016, the trial court signed findings of fact and conclusions of law

recommended denying relief. Findings of fact numbers eight and fifteen erroneously stated that
2

defense counsel failed to expand his investigation into the mental health history of the Applicant,

and that in failing to file a pretrial motion to suppress evidence with respect to the oral confession

of the Applicant, there is sufficient evidence to support a finding by a preponderance of the evidence

that counsel’s conduct did fall below an objective standard of reasonableness under prevailing

professional norms. These findings are not supported by the record. Therefore, this Court does not

adopt findings eight and fifteen. Applicant’s claim concerning attorney fees is dismissed. In re

Daniel, 396 S.W.3d 545, 548 (Tex. Crim. App. 2013); Ex parte Knight, 401 S.W.3d 60, 67 (Tex.

Crim. App. 2013). Based on this Court’s independent review of the record, and the trial court’s

other findings of fact and conclusions of law, we find that Applicant’s remaining claims are without

merit. Therefore, we deny relief. 

Filed: March 1, 2017

Do not publish
* Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-51195

Summary Calendar

 

OTIS BELSER,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS

DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. W:98-CV-409

- - - - - - - - - -

June 23, 2000

Before JOLLY, DAVIS, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Otis Belser appeals the district court’s denial of his

motion for appointment of counsel. Belser has not demonstrated

the "exceptional circumstances" necessary for appointment of

counsel in a civil rights case. See Ulmer v. Chancellor, 691

F.2d 209, 212 (5th Cir. 1982). The district court’s order

denying appointment of counsel is therefore AFFIRMED.
24633

#### Miner v. State

Affirmed
January 16, 2002

23743

#### State v. Kamisato

Affirmed
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF INCOME FOR THE THREE
MONTHS ENDED SEPTEMBER 30, 1997 INCLUDED IN THE COMPANY'S FORM 10-Q FOR THE
QUARTER ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          27,345
<SECURITIES>                                     7,580
<RECEIVABLES>                                    3,227<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                     15,324
<CURRENT-ASSETS>                                66,923
<PP&E>                                          27,690<F1>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 103,875
<CURRENT-LIABILITIES>                           49,451
<BONDS>                                          5,669
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      48,755
<TOTAL-LIABILITY-AND-EQUITY>                   103,875
<SALES>                                         80,251
<TOTAL-REVENUES>                                86,704
<CGS>                                           80,645
<TOTAL-COSTS>                                   85,500
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 120
<INCOME-PRETAX>                                (7,557)
<INCOME-TAX>                                   (2,940)
<INCOME-CONTINUING>                            (4,617)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,617)
<EPS-PRIMARY>                                    (.22)
<EPS-DILUTED>                                    (.22)
<FN>
<F1>THE ASSET VALUES FOR RECEIVABLES AND PP&E REPRESENT AMOUNTS NET OF ALLOWANCES
AND DEPRECIATION, RESPECTIVELY.
</FN>
        

</TABLE>
Exhibit
10.2


 


AMENDMENT
TO CONVERTIBLE PROMISSORY NOTE


 


THIS
AMENDMENT TO CONVERTIBLE PROMISSORY NOTE (the “Amendment”) is made effective as of June 28, 2018 by and between Ozop
Surgical Corp. (formerly, Newmarkt Corp.), a Nevada corporation (“Borrower”), and Carebourn Capital, L.P., a Delaware
limited partnership (“Holder”). Borrower and Holder may collectively be referred to as the “Parties”.


BACKGROUND


A.
Holder and Borrower are the parties to that certain Convertible Promissory Note in the principal amount of $442,175.00 issued
on April 13, 2018 (the "Promissory Note"); and


B.
The parties desire to amend certain parts of the Promissory Note as set forth below.


NOW,
THEREFORE, in consideration of the execution and delivery of this Amendment and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:


1.
Section 4.13 – ACH Payment Authorization of the Promissory Note is hereby amended to increase the amount of the
Specific Daily Repayment Amount from $1,100.00 to $1,750.00 effective as of the first business day following the date of this
Amendment.


2.
This Amendment shall be deemed part of, but shall take precedence over, and supersede any provisions to the contrary contained
in the Promissory Note. All initial capitalized terms used in this Amendment shall have the same meaning as set forth in the Promissory
Note unless otherwise provided. Except as specifically modified hereby, all of the provisions of the Promissory Note which are
not in conflict with the terms of this Amendment shall remain in full force and effect.


IN
WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.


	Ozop
                                         Surgical Corp. 

         

         

        By:   /s/ Michael Chermak

        Michael
        Chermak

        Chief
        Executive Officer
	CAREBOURN
                                         CAPITAL, L.P. 

        By:
        Carebourn Partners, LLC,

        a Minnesota limited liability
        company,

        its General Partner

         

         

        By:
        /s/ Chip Rice

        Name:
        Chip Rice

        Title:
        Managing Member
20948

#### Government Employees Ins. Co., Inc. v. Alamo Rent-A-Car Inc.

Affirmed
<PAGE>

                                                                    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

I, Geoffrey G. Meyers, Executive Vice President and Chief Financial Officer of
Manor Care, Inc. (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:

      (1)   The Quarterly Report of the Company on Form 10-Q/A for the period
            ended June 30, 2005 as filed with the Securities and Exchange
            Commission on the date hereof (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 as of, and for, the periods presented in the Report.

/s/ Geoffrey G. Meyers

Geoffrey G. Meyers
Executive Vice President and Chief Financial Officer
September 27, 2005
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 24, 2023.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 17, 2023, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 22 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-64, CP2024-65.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2023-25900 Filed 11-22-23; 8:45 am]

BILLING CODE 7710-12-P
#### Estill BARNETT, Taylor Barnett, Donald Strong, French Combs, M. C. Noble, R. B. Barnett, W. J. Turner, Thomas Haddix, F. M. Miller and Farris Hays, Appellants, v. UNITED STATES of America, Appellee.

No. 8449.

Circuit Court of Appeals, Sixth Circuit.

Nov. 7, 1939.

Chester A. Bach and O. J. Cockrell, both of Jackson, Ky., for appellants.

John T. Meltcalf, of Lexington, Ky., for appellee.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

PER CURIAM.

Came John T. Metcalf, United States Attorney for the Eastern District of Kentucky, and moved the Court to docket and dismiss the appeal in this case, for the reason that'the appellants have not perfected same, and the parties having indicated, by counsel, that they desire to take no further steps in the appeal of this case, and the Court being advised;

It is ordered and adjudged that this case be and the same is hereby docketed and dismissed at the cost of the appellants, Es-till Barnett, Taylor Barnett, Donald Strong, French Combs, M. C. Noble, R. B. Barnett, W. J. Turner, Thomas Haddix, F. M. Miller and Farris Hays.'
20693

#### State v. Beebe

Vacated
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4745-DR; Docket ID FEMA-2023-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Montana (FEMA-4745-DR), dated October 11, 2023, and related determinations.

# DATES:

This change occurred on October 25, 2023.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Kenneth G. Clark, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Alana B. Kuhn as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2023-26289 Filed 11-29-23; 8:45 am]

BILLING CODE 9111-23-P
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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

July 29, 2014

t0721 

# Order

Clerk July 29, 2014

148826

PEOPLE OF THE STATE OF MICHIGAN,

P laintiff

- Appellee,

v SC: 148826

COA: 310330

Wayne CC: 11

- 012848

- FH

NAKILA KANYATTA KING,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the January 14, 2014

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
27604, 27605

#### Siminski v. Kihei Youth Center

Affirmed
SUPREME COURT — SPECIAL TERM — KINGS COUNTY.

January, 1923.

#### THE PEOPLE v. LILLIAN S. RAIZEN.

(120 Misc. 182.)

Procedure — When special panel op jurors ordered por trial por MURDER, PIRST DEGREE.

Under the statute (Laws of 1901, chap. 602, as amd. by Laws of 1904, chap. 458) a motion by the district attorney for a special panel of jurors for the trial of a,n indictment for murder in the first degree will be granted, though no facts or circumstances beyond the bald statement that the defendant has been indicted for the crime charged are shown by the moving affidavit.

Application for special panel of jurors.

*Charles J. Dodd, District Attorney (William F. X. Geoghan,Assistant District Attorney,*of counsel), for People.

*Hirsh, Newman & Reass (Albert Conway*and A. *H. Kesselman,*of counsel), for defendant.

Callaghan, J.:

This application is by the district attorney, for a special panel of jurors, under the provisions'of chapter 602 of'the Laws of'1901, as amended by chapter 458 of the Laws of 1904, section 5, for the trial of an indictment against the defendant which charges her with the crime of murder in the first degree.

*261So much of the statute as is pertinent is as follows: “ Where, upon such application, it appears to the court that by reason of the importance or intricacy of the case, a special jury is required, or that the subject matter of the indictment or the issue to be tried has been so widely commented upon that the court is satisfied that an ordinary jury cannot without delay and difficulty be obtained to try such issue, * * * the court to which the motion is made may make an order directing that such trial be had by a special jury, and such trial shall be had accordingly.”

This motion is resisted upon the ground that facts and circumstances have not been adduced by the affidavit in support of this motion showing the necessity for a trial by a special jury.

The moving affidavit simply recites the indictment and the plea thereto, but the reasons alleged are simply a recapitulation of the language of the statute, no facts or circumstances being shown beyond the bald statement that the defendant has been indicted for the crime of murder in the first degree.

In People v. Hall (169 N. Y. 184) the affidavit supporting a similar application was in substantially the same language as is employed here. The order granting a special jury in that case was reviewed by the Court of Appeals upon an appeal from the verdict of guilty, and the court there held (at p. 191) that inasmuch as the subject of the indictment was for murder in the first degree, that was sufficient to bring the application within the statute.

So that when it is made to appear that the subject-matter of the indictment is of sufficient importance to so warrant, a special jury may be authorized.

Since no action is more important to a defendant or to the People of the State of Hew York than that of the proper dis-people of the Stateof Hew York than that of the proper disposition of an indictment charging murder in the first degree, this motion must be granted.

Settle order on one day’s notice.

Ordered accordingly.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 2 02 3

- 3020

_____________________________
E FRE M J OHNSON , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. Joshua Hawkes
, Judge

. April 9, 2024

P ER C URIAM

.
A FFIRMED

.
R AY , K ELSEY , and L ONG , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Efrem Johnson, pro se, Appellant

. Ashley Moody, Attorney General, Tallahassee, for Appellee

.
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

					NO. 2-02-351-CR

JASON ALAN SAVELL 	 						APPELLANT

	V.

THE STATE OF TEXAS	STATE

	----------

	FROM THE 97TH DISTRICT COURT OF ARCHER COUNTY

	----------

	MEMORANDUM OPINION1 AND JUDGMENT

	----------

	We have considered appellant's “Rule 42.2(a) Withdrawal Motion For Voluntary Dismissal Of Appeal.”  The motion complies with rule 42.2(a) of the rules of appellate procedure.  Tex. R. App. P. 42.2(a).  No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal.  See id.; Tex. R. App. P. 43.2(f).

								PER CURIAM

PANEL D:	DAY, LIVINGSTON, and DAUPHINOT, JJ.

		DO NOT PUBLISH

		Tex. R. App. P. 47.2(b)