alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Application of Billy Joe KUNKEL for Writ of Habeas Corpus.

No. A-12757.

Court of Criminal Appeals of Oklahoma.

Nov. 25, 1959.

*231Billy Joe Kunkel, petitioner, pro se.

Mac Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., for respondent.

BRETT, Judge.

This is an original proceeding by pro se petition for habeas corpus brought by Billy Joe Kunkel. In said petition he alleges that he is being unlawfully detained by the Warden of the Oklahoma State Penitentiary, Hon. Robert R. Raines, by virtue of a judgment and sentence of fifty years for robbery with firearms entered against him in the District Court of Muskogee County, Oklahoma, by Hon. E. G. Carroll, Judge thereof, on the second day of July, 1954. He alleges the judgment is void for the reason the court was without jurisdiction to receive his plea of guilty since it was entered without the aid of counsel, and his plea of guilty was not freely and voluntarily entered in that it was made only after threats by the county attorney that if he did not plead guilty he would receive a sentence of life imprisonment.

To the petition the attorney general has made response, denying generally the allegations of the petition. Specifically, he denies the court was without jurisdiction to enter the judgment and sentence. He affirmatively alleges the petitioner was advised of his constitutional rights to aid of counsel and trial by jury, both of which petitioner waived. He attaches to the response the trial court minutes, judgment and sentence, both of which support the allegation of waiver of counsel and trial by jury by the petitioner. He further attaches proof from the Oklahoma State Penitentiary that the petitioner was not ignorant of such proceedings, but was experienced therein, he having been twice convicted prior to the case herein complained of.

In said response it is further made to appear by the affidavit of Hon. Paul Gotcher that he, Gotcher, prosecuted the petitioner in said case and that at no time was the petitioner ever subjected to threats, promises, or inducements by him or any other .county authority as-a means of obtaining his plea of guilty, but to the contrary, the petitioner entered his plea of guilty freely and voluntarily and without persuasion.

Under the facts thus presented .the petition fails for want of proof to sustain its allegations. The information being sufficient to state the charge of robbery with firearms, was sufficient to vest jurisdiction in the trial court to proceed, and nothing transpired to cause the trial court to lose jurisdiction. The judgment and sen-*232fence was less than the maximum as provided by statute, 21 O.S.1951 § 801, and the same is in all respects valid. In re Eidenmueller, Okl.Cr., 341 P.2d 920.

The petition for habeas corpus is accordingly denied.

POWELL, P. J., and NIX, J., concur.
#### Ex parte OVERTURFF.

No. A-11860.

Criminal Court of Appeals of Oklahoma.

Jan. 7, 1953.

*510Jimmie Whiteley, Tulsa, M. S. Simms, Sand Springs, for petitioner.

Mac Q. Williamson, Atty. Gen., Fred Hansen, First Asst. Atty. Gen., Charles E. Steele, County Atty., Okmulgee County, Okmulgee, and O. E. Rieheson, Asst. County Atty., Okmulgee County, Henryetta, for respondent.

POWELL, Judge.

The defendant below, petitioner herein, 'Orbia Overturff, was charged and convicted in the Superior Court of Okmulgee County, Henryetta Division, for the crime of public drunkenness, second and subsequent conviction, under Title 37 O.S. 1951 § 12, and was sentenced to serve a term of two years in the State Penitentiary. The sentence was suspended but subsequently revoked and the defendant ordered incarcerated under the original judgment and sentence. The defendant has applied for a writ of habeas corpus, seeking release from imprisonment.

This is a companion case of Ex parte Barnett, Okl.Cr.App., 252 P.2d 496, was argued along with said case, and the same assignments of error are presented in this case.

For thé reasons stated in the opinion in the case of' Ex parte Barnett, supra, the conviction of the defendant below, petitioner herein, in the Superior Court of Okmul-gee County, sitting at Henryetta, is hereby set aside, the judgment and sentence entered is found to be full and void, and said Orbia Overturff is hereby ordered released from the sentence and judgment imposed.

BRETT, P. J., and JONES, J., concur.
Exhibit 31.4



CERTIFICATIONS



I, Frank E. Fusco, certify that:



| | 1. | I have reviewed this Amendment No. 1 on Form 10-K/A to the Annual Report on Form 10-K of Astoria Financial Corporation for the year ended December 31, 2016; and
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | Date: | April 13, 2017
| | ----- | --------------



|/s/ Frank E. Fusco                                          | 
|----------------------------------------------------------- | 
|Frank E. Fusco                                              | 
|Senior Executive Vice President and Chief Financial Officer | 
|Astoria Financial Corporation                               |
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 Annual Report of Timeline, Inc. (the “Company”) on Form 10-KSB for the fiscal year ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Charles R. Osenbaugh, President, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ CHARLES R. OSENBAUGH                | Date:  June 29, 2005 |
|--------|-----------------------------------------|---------------------------|
|   |                                         |                      |
|   | Charles R.   Osenbaugh,                 |                      |
|   | President   and Chief Financial Officer |                      |
#### Application of Russell DEGEN for Writ of Habeas Corpus.

No. A-12997.

Court of Criminal Appeals of Oklahoma.

Feb. 8, 1961.

Russell Degen, pro se.

Mac Q. Williamson, Atty. Gen., Lewis A. Wallace, Asst. Atty. Gen., for respondent.

BUSSEY, Judge.

Petitioner, Russell Degen, was charged in the District Court of Tulsa County, Oklahoma, in cases No. 18459 and No. 18527 with the crimes of Burglary in the Second Degree after former conviction of a felony, and upon his plea of guilty to each of said charges, was sentenced on June 2, 1960, in each case to serve 15 years in the State Penitentiary, said sentences to run concurrently.

On January 10, 1961, petitioner filed in this court an application for writ of habeas corpus, setting forth that had he proceeded to trial in the District Court of Tulsa County on the charges to which he entered pleas of guilty and is presently confined, the State would have been unable to prove his guilt by competent evidence beyond a reasonable doubt.,

The petitioner does not deny that the trial court had jurisdiction of the person and of the offense charged and had jurisdiction to pronounce the particular judgment. In Freeman v. Raines, Okl.Cr., 353 P.2d 30, this court stated The guilt or innocence of the accused will not be inquired into on habeas corpus, but the sole question to be determined is whether the trial court had jurisdiction of the person *741and of the offense charged and had jurisdiction to pronounce the particular judgment.

The petitioner’s contention that had he proceeded to trial, the State would have been unable to prove his guilt by competent evidence beyond a reasonable doubt cannot be inquired into in a habeas corpus proceeding under the rule set forth in Application of Brown, Okl.Cr., 297 P.2d 575, wherein the court stated, The Court of Criminal Appeals in habeas corpus proceedings will not make inquiry as to whether or not if petitioner had proceeded to trial instead of pleading guilty the State would have been able to have established the corpus delicti.

For the reasons set forth, the application for writ of habeas corpus is denied.

NIX, P. J., and BRETT, J., concur.
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 Energy

# AGENCY:

Department of Energy.

# ACTION:

Notice of cancellation of open virtual meeting.

# SUMMARY:

On December 20, 2023, the Department of Energy published a notice of open meeting announcing a virtual meeting on January 16, 2024, of the Secretary of Energy Advisory Board (SEAB). This notice announces the cancellation of this virtual meeting.

# DATES:

                        The virtual meeting scheduled for January 16, 2024, announced in the December 20, 2023, issue of the                         **Federal Register**                         (FR Doc. 2023-27904, 88 FR 88057), is cancelled.                    

# FOR FURTHER INFORMATION CONTACT:

                        David Borak, Designated Federal Officer, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585; email:                         *seab@hq.doe.gov;*                         telephone: (202) 586-5216.                    

## Signing Authority

                        This document of the Department of Energy was signed on December 27, 2023, by David Borak, Deputy Committee Management Officer, Secretarial Office of Boards & Councils, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the                         **Federal Register**                        .                    

Signed in Washington, DC, on December 28, 2023.

Treena V. Garrett,

Federal Register Liaison Officer, U.S. Department of Energy.

[FR Doc. 2023-28934 Filed 1-2-24; 8:45 am]

BILLING CODE 6450-01-P
#### The People of the State of New York, Respondent, v Constance Merlino, Appellant.

— Appeal by the defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered November 20,1986.

Ordered that the judgment is affirmed *(see, People v Pellegrino,*60 NY2d 636). Thompson, J. P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.
```

[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Rules and Regulations]
[Page 3386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1229]

[[Page 3386]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742 and 774

[Docket No. 110825537-2038-02]
RIN 0694-AF38

Export and Reexport License Requirements for Certain Microwave 
and Millimeter Wave Electronic Components: Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule: Correction.

-----------------------------------------------------------------------

SUMMARY: This correction adds a compliance date of February 9, 2012, to 
a final rule published on January 9, 2012 (77 FR 1017). That final rule 
imposed a license requirement on exports and reexports to all 
destinations other than Canada of two types of microwave and millimeter 
wave electronic components. The two components are packaged high 
electron mobility transistors and packaged microwave ``monolithic 
integrated circuits'' power amplifiers that meet certain criteria with 
respect to frequency range, size and output power. BIS is publishing 
this correction to make sure exporters and reexporters have sufficient 
time to comply with the rule.

DATES: Effective date: January 24, 2012.
    Compliance date: All exports and reexports on or after February 9, 
2012, for which the rule published at 77 FR 1017, January 9, 2012, 
creates a new license requirement must be in compliance with the terms 
of that rule.

FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy 
Division, Office of Exporter Services, (202) 482-2440, 
william.arvin@bis.doc.gov.

SUPPLEMENTARY INFORMATION: On January 9, 2012, BIS published a final 
rule imposing a license requirement on exports and reexports to all 
destinations other than Canada of two types of microwave and millimeter 
wave electronic components (77 FR 1017, January 9, 2012, FR Doc. 2012-
135). The two components are packaged high electron mobility 
transistors (HEMT) and packaged microwave ``monolithic integrated 
circuits'' (MMIC) power amplifiers that meet certain criteria with 
respect to frequency range, size and output power. That rule was 
effective upon publication and did not provide for any delay in 
compliance. This correction adds a compliance date of February 9, 2012, 
to provide time for exporters and reexporters upon whom this rule 
imposes a new license requirement to apply for any necessary licenses. 
This correction makes no other changes to the rule.

Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-1229 Filed 1-23-12; 8:45 am]
BILLING CODE 3510-33-P
```
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4330 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 4330

 To provide that any State or local law enforcement agency that has in 
  effect a cooling-off period is ineligible to receive Federal funds 
pursuant to a Department of Justice law enforcement grant program, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 2017

   Mr. Johnson of Georgia (for himself, Ms. Moore, Mr. Clay, and Mr. 
   Thompson of Mississippi) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To provide that any State or local law enforcement agency that has in 
  effect a cooling-off period is ineligible to receive Federal funds 
pursuant to a Department of Justice law enforcement grant program, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cooling-Off Period Elimination Act 
of 2017''.

SEC. 2. ELIMINATION OF COOLING-OFF PERIODS.

    (a) In General.--Any State or local law enforcement agency which 
the Attorney General determines has in effect a cooling-off period is 
ineligible to receive any Federal funds pursuant to a Department of 
Justice law enforcement grant program for the following fiscal year.
    (b) Cooling-Off Period Defined.--The term ``cooling-off period'' 
means a period of time following an officer-involved shooting, during 
which individuals investigating the shooting are prohibited from 
communicating with any officer involved in the shooting.
                                 <all>
```
```

[Congressional Record Volume 158, Number 118 (Friday, August 3, 2012)]
[Extensions of Remarks]
[Page E1412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

          HONORING THE D.L. MARTIN CO. ON ITS 50TH ANNIVERSARY

                                 ______
                                 

                           HON. BILL SHUSTER

                            of pennsylvania

                    in the house of representatives

                        Thursday, August 2, 2012

  Mr. SHUSTER. Mr. Speaker, I ask my colleagues to join me in honoring 
the D.L. Martin Company as it celebrates its 50th anniversary on August 
9th, 2012, and to recognize and honor its founder and owner, Donnie L. 
Martin for receiving ``Business Person of the Year'' in Franklin 
County, Pennsylvania.
  The D.L. Martin Company has experienced outstanding growth since it 
was first founded in 1962, when Donnie Martin first purchased a 3,000 
square foot machine shop in Mercersburg, Pennsylvania and hired his 
first two employees. D.L. Martin has now grown to over 40 acres and 
150,000 square feet of manufacturing floor space and employs nearly 200 
people, making it an integral business in our community.
  We are proud of the resilience that the D.L. Martin Company has shown 
and the excellent service that it has provided to Franklin County over 
the last 50 years. The company has become a world class provider of 
heavy industrial, construction and mining equipment, and also 
specializes in manufacturing custom hydraulics, elevator jacks and 
components, and engine and transmission parts for class 8 trucks. Their 
commitment to quality products and customer service has not gone 
unnoticed to their clients or to our community.
  The company is holding a celebration in Mercersburg, Franklin County, 
Pennsylvania to commemorate its 50 years of business on August 9th, 
2012. Current and former employees as well as family and friends in the 
community are invited to celebrate this anniversary and the promising 
future of D.L. Martin.
  I would like to thank Donnie Martin for his service to our community 
and for being such an important employer to so many in our district. 
His integrity and strong work ethic have brought him great success thus 
far and have enabled his company to grow and thrive in our community. 
D.L. Martin continues to provide quality service and lasting jobs to 
the citizens of Franklin County and in other areas of Pennsylvania. As 
Congressman of the 9th district of Pennsylvania, I believe that their 
service has been very beneficial to the community and I know that they 
will experience continued success for many years to come.

                          ____________________
```
```

[Congressional Record Volume 158, Number 122 (Wednesday, September 12, 2012)]
[House]
[Pages H5871-H5872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              {time}  1220
                        ATTACK ON U.S. CONSULATE

  (Mr. YODER asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. YODER. Mr. Speaker, just 1 day after the 11th anniversary of the 
September 11 terrorist attacks on the United States of America, sadly 
the American flag flies at half staff today at the U.S. Capitol once 
again following the senseless and tragic attack against our U.S. 
consulate in Libya, which left four patriotic Embassy workers laying 
dead.
  Among those murdered include American Ambassador Christopher Stevens, 
marking one of the rare moments in U.S. history where a U.S. Ambassador 
is killed representing our Nation abroad. This type of cowardly and 
brutal attack is an outrage, and those responsible should be swiftly 
brought to justice.

[[Page H5872]]

  The service of Ambassador Stevens and three other embassy staff will 
not be forgotten as their service represents everything that our 
country stands for in promoting peace and democracy and liberty for all 
peoples across the globe.
  Mr. Speaker, God bless the brave men and women who serve our country 
everywhere, and God bless the United States of America.

                          ____________________
```
##### 



Exhibit 32

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 Annual Report of Cole National Group, Inc. (the
Company) on Form 10-K/A for the period ended January 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the Report), each
of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to
such officers knowledge:



| | (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 as of the dates and for the periods
expressed in the Report.

A signed original of this written statement required by Section 906 has
been provided to Cole National Corporation and will be retained by Cole
National Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.

Date:
June 1, 2004/s/ Larry PollockName: Larry PollockTitle: President and Chief Executive Officer/s/ Lawrence E. HyattName: Lawrence E. HyattTitle: Executive Vice President andChief Financial Officer


The foregoing certification is being furnished solely pursuant to 18
U.S.C. § 1350 and is not being filed as part of the Report or as a separate
disclosure document.
EXHIBIT 23.1



CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference in the registration statements on Form S-8,
previously filed by NB&T Financial Group, Inc. on March 23, 1995, of our report dated February 6, 2004 on our audit of the consolidated financial statements of NB&T Financial Group, Inc., as of December 31, 2003 and 2002 and for the year
then ended which report and financial statements are contained in the Annual Report on Form 10-K for the fiscal year ended December 31, 2003 and 2002.



/s/ BKD, LLPBKD, LLP




Cincinnati, Ohio

March 16, 2004



68