alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Samuel Rose, Appellant.

— Judgment, Supreme Court, Bronx County (William T. Martin, J., at *Sandoval*Hearing, jury trial, and sentence), entered April 18, 1988, convicting defendant of the crime of rape in the first degree (Penal Law § 130.35 [1]), and sentencing him, as a second violent felony offender, to an indeterminate term of imprisonment of from eight to sixteen years, is unanimously reversed, on the law and on the facts, judgment vacated, and the matter remanded for a new trial.

By order, entered April 9, 1991, we held this appeal in abeyance and remanded for an evidentiary hearing, as to whether defendant was present at the *Sandoval*Hearing (172 AD2d 230).

Following an investigation, by defense counsel and the office of the District Attorney, those parties filed with this Court, a stipulation, executed by them, dated June 11, 1991, reflecting that defendant was "absent from the courtroom during the *Sandoval*Hearing on March 22, 1988, which preceded his trial”. Specifically, that stipulation states, in paragraph 1: "The 'pen register’ kept by the Department of Corrections in Bronx Supreme Court, which shows when any defendant is taken from the centrally located 'pens’ to a courtroom, shows that appellant was produced in court no earlier than 12:05 p.m. on March 22, 1988. The transcript of the *Sandoval*hearing makes clear that the hearing was concluded before noon on that date (pp. 7-8).”

Since we find, based upon that stipulation, that defendant was unequivocally absent, without waiver *(cf., People v Jordan,*174 AD2d 490), from the *Sandoval*Hearing *(People v Sandoval,*34 NY2d 371 [1974]), we further *33find that his due process right to be personally present at all material stages of the trial *(see, People v Mehmedi,*69 NY2d 759, 760 [1987]; CPL 260.20) was violated.

Accordingly we reverse, and remand for a new trial. Concur —Sullivan, J. P., Rosenberger, Ross, Asch and Smith, JJ.
EXHIBIT 32.1






CERTIFICATION PURSUANT
TO


18 U.S.C. 1350,


AS ADOPTED PURSUANT
TO


SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002






In
connection with the Quarterly Report of  SHELBY GROUP, INC., (the
"Company") on Form 10-Q for the period ended June 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kevin Ericksteen, Chief Executive Officer and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:




The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and




The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.






/s/ Kevin
Ericksteen


Kevin
Ericksteen


Chief
Executive Officer and Chief Financial Officer




Date: September
18, 2008
#### Valdhe F. PITMAN, Plaintiff In Error, v. STATE of Oklahoma, Defendant In Error.

No. A-12119.

Criminal Court of Appeals of Oklahoma.

April 6, 1955.

*248Appeal from the County Court of Cleveland County; Sylvester Grim, Judge.

Valdhe F. Pitman was found guilty dn the County Court of Cleveland County of the crime of driving a motor .vehicle on the public highway while under the influence of intoxicating liquor, and was sentenced to pay a fine of $100. Affirmed.

David Tant, Oklahoma City, for plaintiff in error.

Mac' Q. Williamson, Atty. Gen., for defendant in error.

JONES, Presiding Judge.

Valdhe F. Pitman was charged by an information filed in the County Court of Cleveland County with the offense of driving a motor vehicle on the public highway while under the influence of intoxicating liquor, a jury was waived, the accused was tried, found guilty and sentenced to pay a fine of $100 and has appealed.

No brief has been filed on behalf of the accused and no appearance was made for him at the time the case, was assigned for oral argument. Rule 9 of the Criminal Court of Appeals, 22 O.S.A. c. 18, Appendix, provides:-

> “When no counsel appears and no briefs are filed, the Court will examine the pleadings, the instructions of the court, and the exceptions taken thereto, and the judgment and sentence, and if no prejudicial error appears will affirm the judgment.”

We have examined the pleadings, the evidence and the instructions and found no reversible error;

 Two highway patrolmen testified that they were driving north on the four lane highway near the town of Moore and that defendant passed them driving south by himself at an excessive rate of speed; that'they turned around and chased the accused about four miles before catching him. Both of these witnesses testified that in thei'r opinion,' the defendant 'was intoxicated.

The accused testified in his own behalf that he had just come from a meeting of the Junior Chamber of Commerce in Oklahoma City which he had attended as a guest because he was a member of the Legislature. That at this meeting he had drunk one can of beer and a part of another can of beer but that said beer did not cause him to become in the least bit intoxicated. He further testified that he was in a small Crosley automobile and that it would not drive to exceed 55 miles per hour and that the testimony of the highway patrolmen that he was driving in excess of 70 miles per hour was false. Defendant produced three other witnesses who saw him at the Chamber of Commerce meeting just before he left to go home to Norman and they testified that he was not under the influence of intoxicating liquor, but appeared to be perfectly sober. This conflict in the evidence presented an issue of fact for the determination of the court. The judgment and sentence of the County Court of Cleveland County is affirmed.

POWELL and BRETT, JJ., concur.
123456
Exhibit 13.1



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



I, Patricio Contesse, Chief Executive Officer
of Sociedad Química y Minera de Chile S.A. (“SQM”), a corporation incorporated under the laws of the Republic
of Chile, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to my knowledge:



| | 1. | The Annual Report of SQM on Form 20-F for the fiscal year ended December 31, 2012, as filed with
the Securities and Exchange Commission, 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 20-F fairly presents, in all material respects,
the financial condition and results of operations of SQM.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------



|/s/ Patricio Contesse G.        | 
|------------------------------- | 
|Name:  Patricio Contesse G.     | 
|Title:  Chief Executive Officer | 
|Date: April 22, 2013            |
# C_2012109EN.01001103.xml

| 14.4.2012 | EN | Official Journal of the European Union | C 109/11 |
| --- | --- | --- | --- |

14.4.2012

EN

Official Journal of the European Union

C 109/11

---

Order of the General Court of 14 February 2012 — AJD Tuna v Commission

(Case T-329/08) (1)

1

(Action for annulment - Regulation (EC) No 530/2008 - Recovery plan for bluefin tuna - Setting of TACs for 2008 - Act of general application - Lack of individual concern - Inadmissible)

2012/C 109/25

Language of the case: Italian

Parties

Parties

Applicant: AJD Tuna Ltd (St Paul's Bay, Malta) (represented by: J. Refalo, R. Mastroianni and M. Annoni, lawyers)

Applicant:

Defendant: European Commission (represented by: K. Banks and D. Nardi, acting as Agents)

Defendant:

Re:

Re:

Application for annulment of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9).

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | AJD Tuna Ltd is to bear its own costs and to pay those incurred by the European Commission. |
| --- | --- |

2.

AJD Tuna Ltd is to bear its own costs and to pay those incurred by the European Commission.

---

(1)  OJ C 272, 25.10.2008.

1

---
```

[Congressional Record Volume 158, Number 121 (Tuesday, September 11, 2012)]
[Senate]
[Page S6075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              S E N A T E

Vol. 158

WASHINGTON, TUESDAY, SEPTEMBER 11, 2012

No. 121
```
```

[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[Senate]
[Page S6055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                      MEASURES READ THE FIRST TIME

  The following bills were read the first time:

       H.R. 8. An act to extend certain tax relief provisions 
     enacted in 2001 and 2003, and to provide for expedited 
     consideration of a bill providing for comprehensive tax 
     reform, and for other purposes.
       S. 3522. A bill to provide for the expansion of affordable 
     refinancing of mortgages held by the Federal National 
     Mortgage Association and the Federal Home Loan Mortgage 
     Corporation.
       S. 3525. A bill to protect and enhance opportunities for 
     recreational hunting, fishing, and shooting, and for other 
     purposes.

                          ____________________
```
<PAGE>
                                                                    EXHIBIT 99.2

                            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 Huntington Preferred
Capital, Inc. (the "Company") on Form 10-Q for the quarter ending September 30,
2002, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, John D. Van Fleet, Vice President of the Company, 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 result of operations of
the Company.

                                     /s/  John D. Van Fleet
                                     ----------------------------------------
                                          John D. Van Fleet, Vice President
                                          (chief financial officer)
                                          November 14, 2002
# Braxton - Appalachian Regional Commission

- On the Road to Recovery with Reintegrate Appalachia Individuals overcoming substance use disorder (SUD) often face a series of overwhelming obstacles when reentering their communities. Workplace stigmas around addiction, a lack of transportation to services and unsupportive living situations can all stand in the way of successful long-term recovery. To help individuals navigate these types of barriers, Reintegrate Appalachia &#8211; a unique job [&#8230;]The post On the Road to Recovery with Reintegrate Appalachia appeared first on Appalachian Regional Commission.
- Region 7–Planning and Development Council Executive Director Shane Whitehair Email &#x73;&#x77;&#x68;&#x69;&#116;&#101;&#104;ai&#x72;&#x40;&#x72;&#x65;&#x67;&#105;&#111;&#110;vi&#x69;&#x2e;&#x63;&#x6f;&#x6d;The post Region 7–Planning and Development Council appeared first on Appalachian Regional Commission.
No. 99-60633

-1-

* 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. 99-60633 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

BERNARD SANGS,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 2:97-CR-96-4-S-B

-------------------- May 5, 2000

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

PER CURIAM: *

Bernard Sangs (federal prisoner #10671-042) appeals the

district court’s order denying his motion for new trial premised on

newly discovered evidence of juror misconduct. Sangs has moved for

leave to file an out-of-time reply brief, which is GRANTED. Sangs

has also moved for leave to supplement the record, which is DENIED.

See Thompson v. Chrysler Motors Corp.

, 755 F.2d 1162, 1174 (5th

Cir. 1985).

In his appellate brief, Sangs argues that the district court

erred in denying his motion for new trial without conducting anNo. 99-60633

-2-

evidentiary hearing. Sangs, however, failed to show that Patricia

Thomas, one of the jurors at his trial, answered a material

question dishonestly at voir dire or that a correct response at

voir dire would have provided a valid basis to challenge her for

cause. See United States v. Doke , 171 F.3d 240, 246 (5th Cir.),

cert. denied , 120 S. Ct. 250 (1999). Sangs also failed to make a

colorable showing that an extrinsic influence tainted the jury’s

deliberations. S ee United States v. Kelley

, 140 F.3d 596, 608 (5th

Cir.), cert. denied

, 119 S. Ct. 186, 247 (1998). Accordingly, the

district court did not abuse its discretion in denying Sangs’

motion for new trial without an evidentiary hearing. U nited States

v. Jobe , 101 F.3d 1046, 1057-58 (5th Cir. 1996).

AFFIRMED.
# C_2009032EN.01004101.xml

| 7.2.2009 | EN | Official Journal of the European Union | C 32/41 |
| --- | --- | --- | --- |

7.2.2009

EN

Official Journal of the European Union

C 32/41

---

Action brought on 14 November 2008 — Ryanair/Commission

(Case T-495/08)

(2009/C 32/79)

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida, I. Metaxas-Maragkidis, lawyers)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | declare in accordance with Articles 230 and 231 EC that the Commission's implied decision refusing access to the documents for which access was requested by the applicant in an application dated 25 June 2008 is void and that the Commission's decision of 8 October 2008 refusing access to the same documents is non-existent; |
| --- | --- |

—

declare in accordance with Articles 230 and 231 EC that the Commission's implied decision refusing access to the documents for which access was requested by the applicant in an application dated 25 June 2008 is void and that the Commission's decision of 8 October 2008 refusing access to the same documents is non-existent;

| — | alternatively, declare in accordance with Articles 230 and 231 EC that the Commission's decision of 8 October 2008 refusing access to the documents for which access was requested by the applicant in an application dated 25 June 2008 is void; |
| --- | --- |

—

alternatively, declare in accordance with Articles 230 and 231 EC that the Commission's decision of 8 October 2008 refusing access to the documents for which access was requested by the applicant in an application dated 25 June 2008 is void;

| — | order the Commission to pay the costs incurred by the applicant in the proceedings; and |
| --- | --- |

—

order the Commission to pay the costs incurred by the applicant in the proceedings; and

| — | take such further action as the Court may deem appropriate. |
| --- | --- |

—

take such further action as the Court may deem appropriate.

Pleas in law and main arguments

By means of this application the applicant seeks annulment of the Commission implied decision rejecting the applicant's request, pursuant to Regulation No 1049/2001 (1), of the access to documents relating to State aid procedures concerning the presumed State aid granted through an agreement with the operator of Alghero airport. The said decision was followed by the express decision of 8 October 2008. The annulment of the express decision is alternatively sought by the applicant in the present case.

1

The pleas in law and main arguments relied on by the applicant are identical to those relied on in Case T-494/08 Ryanair v Commission.

Ryanair

Commission

---

(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ 2001 L 145, p. 43.

1

---
# Guernsey - Appalachian Regional Commission

- Ohio Mid-Eastern Governments Association Executive Director Dr. Vicki King-Maple Email &#x76;m&#x61;&#112;l&#x65;&#64;&#x6f;&#x6d;e&#x67;&#97;d&#x69;&#115;&#x74;&#114;i&#x63;&#116;&#46;&#x6f;&#114;&#x67;The post Ohio Mid-Eastern Governments Association appeared first on Appalachian Regional Commission.
Exhibit (10) S.

AMENDMENT TO EXECUTIVE COMPENSATION FOR EXCELLENCE AND LEADERSHIP PLAN

Effective as of January 1, 2005, the Executive Compensation for Excellence and Leadership Plan (the “Plan”) is amended to delete Section 1.3 thereof in its entirety.

Except as specifically modified hereby, the Plan shall remain in full force and effect in all respects.
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 City Network, Inc. (the "Company") on
Form 10-QSB for the period ended March 31, 2006 as filed with the Securities and
Exchange  Commission on the date hereof (the "Report"),  I, Yun-Yi Tseng,  Chief
Financial  Officer of the  Company,  certify,  pursuant  to 18 U.S.C.  1350,  as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1)  The  Report  fully  complies,  in  all  material  respects,  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/ Yun-Yi Tseng
                                          ---------------------------------
                                          Yun-Yi Tseng
                                          Chief Financial Officer
                                          May 22, 2006


This  Certification  is made  solely for  purposes  of 18 U.S.C.  Section  1350,
subject  to the  knowledge  standard  contained  therein,  and not for any other
purpose.

A signed  original  of this  written  statement  required  by Section 906 of the
Sarbanes-Oxley  Act 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.  This written  statement shall not be deemed to be "filed" as part
of the quarterly report on Form 10-QSB that it accompanies.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 07-7464
UNITED STATES OF AMERICA, Plaintiff - Appellee,
v. ALPHONSO BUSTER GILBERT, SR., Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:03-cr-00109-jct-1; 7:06-cv-00740-jct) Submitted: March 27, 2008 Decided: April 2, 2008 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Alphonso Buster Gilbert, Sr., Appellant Pro Se. Ronald Andrew Bassford, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Alphonso Buster Gilbert, Sr., seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Gilbert has not made the requisite showing. 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.

DISMISSED
Exhibit 23.01


CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of our
report dated January 22, 2001 included in this Form 10-K, into Franchise Finance
Corporation of America's  previously filed  Registration  Statements on Form S-8
(File  No.  333-00123),  Form S-8  (File  No.  333-92897),  Form S-8  (File  No.
333-30139) Form S-3 (File No. 333-26437), and Form S-3 (File No. 33-62769).


/s/ Arthur Andersen LLP


Phoenix, Arizona
March 15, 2001
```

[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)]
[Senate]
[Page S6389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                                PROGRAM

  Mr. DURBIN. The Senate will be in pro forma session on Monday and out 
of session on Tuesday in order to accommodate Rosh Hashanah. The next 
rollcall vote will be at noon on Wednesday. There will also be a 
cloture vote on the motion to proceed to the continuing resolution at 
2:15 p.m. next Wednesday.

                          ____________________
```
# Hancock - Appalachian Regional Commission

- First Tennessee Development District Executive Director Chris Craig &#160;Email &#99;&#99;&#x72;a&#105;&#x67;&#x40;f&#116;&#x64;&#x64;&#46;&#111;&#x72;&#x67;The post First Tennessee Development District appeared first on Appalachian Regional Commission.
# Harlan - Appalachian Regional Commission

- $1 Million Awarded to Five Projects Through Joint Appalachian Regional Commission, U.S. Department of Energy Advanced Welding Workforce Initiative Recipients will use funds to expand skilled workforce capacity for Appalachia’s Energy, Aerospace, Aviation, Automotive, and Petrochemical Industries Washington, D.C., March 2, 2021&#160;– Today, the Appalachian Regional Commission (ARC) and the U.S. Department of Energy’s (DOE) National Energy Technology Laboratory (NETL) announced five grant awards for the&#160;Advanced Welding Workforce Initiative&#160;(AWWI), a partnership to invest $1 [&#8230;]The post $1 Million Awarded to Five Projects Through Joint Appalachian Regional Commission, U.S. Department of Energy Advanced Welding Workforce Initiative appeared first on Appalachian Regional Commission.
- Cumberland Valley Area Development District Executive Director Whitney Chesnut Email &#x77;c&#x68;&#101;s&#x74;&#110;&#x75;&#116;&#64;&#x63;&#118;&#x61;&#100;d&#x2e;&#111;&#x72;&#x67;The post Cumberland Valley Area Development District appeared first on Appalachian Regional Commission.