alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Electronically Filed Supreme Court SCWC-13-0000087 20-MAY-2014 08:36 AM SCWC-13-0000087 IN THE SUPREME COURT OF THE STATE OF HAWAI ' I

STATE OF HAWAI ' I, Respondent/Plaintiff-Appellee,

vs. JAMES E. ABEL, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-13-0000087; CASE No. 1P1120008541) ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Petitioner/Defendant-Appellant James E. Abel’s application for writ of certiorari, filed on April 6, 2014, is hereby accepted. IT IS FURTHER ORDERED, that no oral argument will be heard in this case. Any party may, within ten days and pursuant to Rule 34(c) of the Hawai ' i Rules of Appellate Procedure, move for retention of oral argument. DATED: Honolulu, Hawai ' i, May 20, 2014. James S. Tabe for petitioner /s/ Mark E. Recktenwald /s/ Paula A. Nakayama Brandon H. Ito for respondent /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson
II

104TH CONGRESS

2D SESSION S. 1914

To amend the Internal Revenue Code of 1986 to clarify the treatment of

research related to an existing business component.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 1996

Mr. HATCH introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to clarify

the treatment of research related to an existing business

component.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CLARIFICATION OF RESEARCH ON EXISTING

4 BUSINESS COMPONENTS ELIGIBLE FOR

5 RESEARCH CREDIT.

6 (a) IN GENERAL.—Subparagraph (C) of section

7 41(d)(4) of the Internal Revenue Code or 1986 (relating

8 to activities for which credit is not allowed) is amended

9 by adding at the end the following new sentence: ‘‘The

10 preceding sentence shall not apply to research related to
2

•S 1914 IS

1 the development of a business component of a taxpayer

2 which is an original alternative to achieve the equivalent

3 result of an existing business component of a competitor

4 of the taxpayer.’’

5 (b) EFFECTIVE DATE.—The amendment made by

6 this section shall apply to taxable years beginning after

7 the date of the enactment of this Act.

Æ
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 WASHINGTON, D.C. 20549
 
 FORM 8-K
 
 CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
 Date of Report: November 27, 2007
 (Date of earliest event reported)
 
 First Consulting Group, Inc.
 (Exact name of registrant as specified in its charter)
 
 Delaware
 (State or other jurisdiction of incorporation)
 000-23651
    
    95-3539020(Commission File Number)
    
    (IRS Employer Identification No.)111 W. Ocean Boulevard, 4th Floor, Long Beach, California
    
    90802(Address of Principal Executive Offices)
    
    (Zip Code)
 (562) 624-5200
 (Registrants Telephone Number, Including Area Code)
 Not applicable
 
 (Former Name or Former Address, if Changed Since Last Report.)
   o
 x
 o
 o




---



TABLE OF CONTENTS  Item 8.01. Other Events.SIGNATURES    Table of Contents  
 Item 8.01. Other Events.
 Discovery Partners v. Ronald V.
Aprahamian, et al
 
 SIGNATURES
  FIRST CONSULTING GROUP, INC.Date: November 29, 2007
    By:
    /s/ Michael A. ZuercherMichael A. ZuercherSenior Vice President, Corporate Affairs
And General Counsel
* 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. 02-20330

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSÉ NALASCO-AMAYA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CR-759-ALL

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

November 6, 2002

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

José Nalasco-Amaya appeals his conviction and sentence for

illegal reentry. He argues that the district court erred in

calculating his criminal history points by refusing to treat his

prior sentences for unauthorized use of a motor vehicle and

burglary of a motor vehicle as “related cases” under U.S.S.G.

§ 4A1.2(a)(2). Given that the offenses did not occur

simultaneously, they were not committed against the same victim,
No. 02-20330

-2-

they were not identical offenses, they were not committed at the

same geographic location, they were separated by nearly 24 hours,

and they resulted in Nalasco’s receipt of two distinct sentences,

it cannot be said that the district court erred in determining

that these were separate offenses for purposes of calculating

Nalasco’s criminal history points. United States v. MorenoArredondo, 255 F.3d 198, 201, 207 (5th Cir.), cert. denied, 122

S. Ct. 491 (2001).

Nalasco correctly concedes that his remaining arguments are

foreclosed by this court’s precedent, and he raises them only to

preserve their further review. His argument that the district

court erred in treating his conviction for unauthorized use of a

motor vehicle as an aggravated felony pursuant to U.S.S.G.

§ 2L1.2(b)(1)(C) is foreclosed by United States v. GalvanRodriguez, 169 F.3d 217, 220 (5th Cir. 1999). His argument that

the district court erred in refusing to suppress evidence of his

prior deportation because the deportation proceeding violated his

due process rights is foreclosed by United States v. BenitezVillafuerte, 186 F.3d 651, 657 (5th Cir. 1999). His final

argument that the aggravated felony provision of 8 U.S.C.

§ 1326(b) is an element of the offense of illegal reentry which

must be charged in the indictment and found by a jury beyond a

reasonable doubt is foreclosed by Almendarez-Torres v. United

States, 523 U.S. 224 (1998). See also United States v. Dabeit,

231 F.3d 979, 984 (5th Cir. 2000), cert. denied, 531 U.S. 1202
No. 02-20330

-3-

(2001). We are bound by this court’s precedent absent an

intervening Supreme Court decision or a subsequent en banc

decision. See United States v. Short, 181 F.3d 620, 624 (5th

Cir. 1999). 

AFFIRMED.
Exhibit 23.1





                       CONSENT OF INDEPENDENT ACCOUNTANTS



We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (File No. 33-85896), and Form S-8 (File No. 33-78592,
File No. 333-69913 and File No. 333-79445), of D&E Communications, Inc. of our
reports dated March 3, 2000, on our audits of the consolidated financial
statements of D&E Communications, Inc. and the financial statements of
D&E/Omnipoint Wireless Joint Venture, L.P. which appear in this Form 10-K.





/s/ PricewaterhouseCoopers LLP


Philadelphia, PA
March 24, 2000
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

WESLY ARISTIL, )

)

Appellant, )

)

v. ) Case No. 2D17-5053

)

STATE OF FLORIDA, )

)

Appellee. )

________________________________ )

Opinion filed March 22, 2019.

Appeal from the Circuit Court for Collier

County; Frederick R. Hardt, Judge.

Keith W. Upson of The Upson Law

Group, P.L., Naples, for Appellant.

Ashley Moody, Attorney General,

Tallahassee, and Elba Caridad Martin, 

Assistant Attorney General, Tampa,

for Appellee.

PER CURIAM.

Affirmed.

NORTHCUTT, SLEET, and BADALAMENTI, JJ., Concur.
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##### 



Exhibit 31.1 SECTION 302 CERTIFICATION I, Paul W. Whetsell, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of MeriStar
Hospitality Operating Partnership, L.P.;2.
    
    Based on my knowledge, this quarterly report does not contain any
untrue statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances
under which such statements were made, not misleading with respect to
the period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all
material respects the financial condition, results of operations and
cash flows of the registrant as of, and for, the periods presented in
this report;4.
    
    The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
registrant and have:  a.
    
    Designed such disclosure controls and procedures, or
caused such disclosure controls and procedures to be designed
under our supervision, to ensure that material information
relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those
entities, particularly during the period in which this report is
being prepared;b.
    
    Evaluated the effectiveness of the registrants
disclosure controls and procedures and presented in this report
our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by
this report based on such evaluation; andc.
    
    Disclosed in this report any change in the registrants
internal control over financial reporting that occurred during
the registrants most recent fiscal quarter that has materially
affected, or is reasonable likely to affect, the registrants
internal control over financial reporting; and  5.
    
    The registrants other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of
registrants board of directors (or persons performing the equivalent
functions):  a.
    
    All significant deficiencies and material weaknesses in
the design or operation of internal control over financial
reporting which are reasonably likely to adversely affect the
registrants ability to record, process, summarize and report
financial information; andb.
    
    Any fraud, whether or not material, that involves
management or other employees who have a significant role in the
registrants internal control over financial reporting. Date: August 6, 2004 /s/ Paul W. WhetsellPaul W. WhetsellChief Executive Officer

MeriStar Hospitality Operating

  Partnership, L.P.

MeriStar Hospitality Finance Corp.

MeriStar Hospitality Finance Corp. II

MeriStar Hospitality Finance Corp. III
---

EXHIBIT 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Terax Energy, Inc.
(the "Terax") on Form 10-QSB for the period ending March 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Lawrence J. Finn, Executive Officer and Chief Financial Officer of Terax,
certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the
Sarbanes-Oxley Act of 2002, to my knowledge that:

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

(2)        The information
contained in the Report fairly presents, in all material respects, the financial
condition and result of operations of Terax.

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

/s/ Linda Contreras Linda Contreras Chief
Executive Officer (Principal Executive Officer) and Principal Financial
Officer

May 15, 2007

---
EXHIBIT 12



FIRST REPUBLIC PREFERRED CAPITAL CORPORATION

(A Majority Owned Subsidiary of First Republic Bank)



STATEMENT OF COMPUTATION OF

RATIOS OF EARNINGS TO FIXED CHARGES



|                                                  |  | Quarter Ended June 30, |       |   | Six Months Ended June 30, |  
|------------------------------------------------- |  | ---------------------- | ----- | - | ------------------------- | -
|                                                  |  | 2003                   |       |   | 2002                      |  
|                                                  |  | ($ in thousands)       |      
|I. Earnings:                                      |  |                        |       |   |                           |  
|Net income                                        |  | $                      | 2,697 |   |                           | $
|Fixed charges excluding preferred stock dividends |  |                        |      |   |                           |  
|                                                  |  |                        |       |   |                           |  
|Earnings before fixed charges                     |  | $                      | 2,697 |   |                           | $
|                                                  |  |                        |       |   |                           |  
|II. Fixed charges:                                |  |                        |       |   |                           |  
|Preferred stock dividends                         |  | $                      | 2,524 |   |                           | $
|                                                  |  |                        |       |   |                           |  
|III. Ratios of earnings to fixed charges          |  |                        | 1.07  | x |                           |  
|                                                  |  |                        |       |   |                           |
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 19 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 19

  To amend title IV of the Social Security Act to enhance educational 
 opportunity, increase school attendance, and promote self-sufficiency 
                       among welfare recipients.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

   Mr. Nickles (for himself, Mr. Helms, Mr. Smith, and Mr. Grassley) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To amend title IV of the Social Security Act to enhance educational 
 opportunity, increase school attendance, and promote self-sufficiency 
                       among welfare recipients.

    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 ``Children's Education Opportunity 
Act''.

SEC. 2. STATE OPTION TO ESTABLISH LEARNFARE PROGRAMS.

    (a) In General.--Section 402(a) of the Social Security Act (42 
U.S.C. 602(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (44);
            (2) by striking the period at the end of paragraph (45) and 
        inserting ``and;''; and
            (3) by adding at the end the following new paragraph:
            ``(46) at the option of the State, provide that the needs 
        of an individual will not be taken into consideration (or will 
        be taken into consideration only in part) under paragraph (7) 
        for any month, if such individual--
                    ``(A) is over the age specified in the applicable 
                State compulsory school attendance law at which a child 
                must begin to attend school, but under the age of 19, 
                and
                    ``(B) has, as determined by the State agency, 
                failed without good cause to regularly attend an 
                elementary, secondary, vocational school, or other 
                appropriate school,
        but if the needs of an individual are not considered (or are 
        considered only in part) by reason of this paragraph, such 
        individual shall still be considered to be receiving aid under 
        this part for purposes of determining the eligibility for such 
        aid of any other individual to whom paragraph (7) applies, and 
        for purposes of determining eligibility for medical assistance 
        under the State's plan approved under title XIX.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 30 days after the date of the enactment 
of this Act.
                                 <all>
```
Exhibit 12.1


                        CHARTWELL RE HOLDINGS CORPORATION
                    COMPUTATION OF EARNINGS TO FIXED CHARGES
                             (dollars in thousands)
<TABLE>
<CAPTION>

                                                                              Year ended December 31,
                                                     --------------------------------------------------------------------------
                                                         1998           1997           1996          1995(1)        1994(1)
                                                     -------------- -------------- -------------- -----------------------------
<S>                                                      <C>            <C>            <C>            <C>           <C>  
Earnings Before Fixed Charges:
Income (loss) from continuing operations before
  income taxes...........................................$..48,584      $  40,501      $  31,706      $   8,939     $  (5,120)
Interest and debt expense....................................9,858          9,057          7,367          7,734          6,580
Interest portion of rental expense............................ 840            943            462            244            224
                                                     ============== ============== ============== ============== ==============
Earnings before fixed charges............................$..59,282      $  50,501      $  39,535      $  16,917     $    1,684
                                                     ============== ============== ============== ============== ==============

Fixed Charges:
Interest and debt expense................................$...9,858      $   9,057      $   7,367      $   7,734     $    6,580
Interest portion of rental expense............................ 840            943            462            244            224
                                                     ============== ============== ============== ============== ==============
Fixed charges............................................$..10,698      $  10,000      $   7,829      $   7,978     $    6,804
                                                     ============== ============== ============== ============== ==============
                                                     ============== ============== ============== ============== ==============
Ratio of earnings to fixed charges...........................5.54x          5.05x          5.05x          2.12x          0.25x
                                                     ============== ============== ============== ============== ==============

</TABLE>

(1) Based  upon the  financial  statements  of  Chartwell  Re  Corporation,  the
predecessor to Chartwell Re Holdings Corporation.