alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### MOORE v. STATE.

No. 26186.

Court of Criminal Appeals of Texas.

Feb. 4, 1953.

J. D. Crow, Canadian, Don Cain, Curtis Douglass, Pampa, for appellant.

George P. Blackburn, State’s Atty., Austin, for the State.

WOODLEY, Judge.

The conviction is for driving while intoxicated; the punishment a fine of $400.

The state’s proof is sufficient to show that appellant was intoxicated and that his automobile struck a culvert on its left hand side of the highway leading from Pampa to Miami. Proof that appellant drove his automobile while he was so intoxicated rests upon circumstances alone, and the jury was charged on the law of circum.stantial evidence.

Newt Secrest, the first witness for the state, testified that at about 11:15 P.M. he was on the highway in question, some twelve miles from Pampa, when he observed a car which had run into a culvert. Appellant was near the car “flagging” him down. The right back wheel and bumper were on the highway, and the witness and appellant, who appeared to be hurt, were unable to move the car until another state’s witness, Russell West, arrived. The- three succeeded in getting appellant’s car off the road.

*521No statement appears to have been made by appellant to the effect that he was driving the car prior to the collision, or that he was traveling alone, or that in fact he was in the car when it collided with, the culvert. Nor was it shown by any testimony that appellant had been driving the car at any time that night.

We agree with appellant’s contention that the evidence is insufficient to sustain a finding that appellant drove the automobile while intoxicated.

The evidence strongly suggests that appellant ran his car into the culvert but the hypothesis that some one other than appellant drove the car and left the scene after the collision and prior to the arrival of Mr. Secrest is not excluded.

The evidence being deemed insufficient to sustain the conviction, the judgment is reyersed and the cause remanded.
[Federal Register Volume 65, Number 211 (Tuesday, October 31, 2000)]
[Notices]
[Pages 64976-64977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27883]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the Board of Scientific Counselors, NIAID.
    The meeting will be closed to the public as indicated below in 
accordance with the provisions set forth in section 552b(c)(6), Title 5 
U.S.C., as amended for the review, discussion, and evaluation of 
individual intramural programs and projects conducted by the National 
Institute of Allergy and Infectious Diseases, including consideration 
of personnel qualifications and performance, and the competence of 
individual investigators, the disclosure of which would constitute a 
clearly unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, NIAID.
    Date: December 11-13, 2000.
    Time: December 11, 2000, 8 am to adjournment on December 13.
    Agenda: To review and evaluate personal qualifications and 
performance, and competence of individual investigators.
    Place: National Institutes of Health, Building 4, Conference 
Room 433, 10 Center Drive, Bethesda, MD 20892.
    Contact Person: Thomas J. Kindt, PhD, Director, Division of 
Intramural Research, National Inst. of Allergy & Infectious 
Diseases, Building 10, Room 4A31, Bethesda, MD 20892, 301 496-3006, 
<a href="/cdn-cgi/l/email-protection#37435c0e5477595e5f19505841"><span class="__cf_email__" data-cfemail="82f6e9bbe1c2ecebeaace5edf4">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology,

[[Page 64977]]

and Transplantation Research; 93.856, Microbiology and Infectious 
Diseases Research, National Institutes of Health, HHS)

    Dated: October 18, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-27883 Filed 10-30-00; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>


                                                                    Exhibit 21.1


The following are the listing of the subsidiaries of the registrant:

Sherwood Brands, Inc. was incorporated in December 1982 in the State of North
Carolina.

     Sherwood Brands, Inc. is the owner of Sherwood Brands, LLC, a Maryland
     limited liability company.

     Sherwood Overseas, Inc. (a wholly-owned subsidiary of Sherwood Brands, LLC)
     was incorporated in July 1993 in the Bahamas.

     Sherwood Brands of RI, Inc. was incorporated in September, 1998 in the
     State of Rhode Island. Sherwood Brands of RI, Inc. d/b/a E. Rosen Company,
     E. Rosen Company - d/b/a School House Candy Co. ("Rosen").

     Asher Candy, Inc., a Wyoming corporation and wholly-owned subsidiary of
     Sherwood Brands, Inc.
[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Notices]
[Page 65865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28107]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Cancer Institute Special Emphasis Panel, November 6, 2000, 8 AM to 
November 6, 2000, 6 PM, National Cancer Institute, 6120 Executive 
Boulevard, Conference Room J. Rockville, MD, 20852 which was published 
in the Federal Register on October 19, 2000, 65 FR 62738.
    The meeting will be held on November 9, 2000 from 8 AM to 6 PM. The 
meeting is closed to the public.

    Dated: October 25, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-28107 Filed 11-01-00; 8:45 am]
BILLING CODE 4140-01-M
_______________________________________ __ 

### Michigan Supreme Court 

# Order

Lansing, Michigan



## December 30, 2008 Clifford W. Taylor, Chief Justice



## 137182 Michael F. Cavanag h Elizabeth A. Weave r Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. 

## PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, 

## Plaintiff-Appellee, J ustices



## v SC: 137182 COA: 283829 Gd Traverse CC: 06-010254-FH JEFFREY JOSEPH TURKETTE, Defendant-Appellant.

________________ _________________________/

On order of the Court, the application for leave to appeal the July 11, 2008 order 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.

1215 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

December 30, 2008

Clerk
## UN ITED STA TES CO UR T O F AP PEA LS F ORTH E SEV EN THCI R CU IT

Evere t t M cKi nl ey D irksen U n ited S tates C ou rt h ou se R oom 27 22 - 21 9 S. D ea r bor n St r ee t C h i cago, I l l i n oi s 60604 O f f i ce o f the C l erk Ph on e: ( 312) 435- 5850 w w w . c a 7 . us c our t s . go v 

## AME ND ED O R DER June 30, 2009 B efo re W IL L IA M J. B A U E R , Cir cu i t J udg e K E N N E T H F. R IP P L E , Cir cu i t J udg e JO H N D A N IE L T IN D E R , Cir cu i t J udg e

N o. : 08- 2622 U N IT E D S T A T E S O F A M E R IC A , Pl a i nt i f f - A pp el l ee

v. M A R K C . H U F F S T A T L E R , D ef enda nt - A pp el l a nt
O r i g i na t i ng Ca s e I nf o r m a t i o n: D ist rict C o u rt N o : 3:07 -cr- 3 0 1 6 7 -J P G -D G W -1 S o u t h ern D ist rict o f I lli n o is D istric t Ju d g e J. P h il G ilb e rt


## The following i s befor e the court : MOTION TO AMEND OPINIO N, whi ch the c ou rt c ons tru esasa p eti ti on for reh ea ring, fi le d onAp ri l 2 1, 20 09 , b y c ou ns elfo r theap pe ll ee. I T I S OR D ERED 

## that thi s court’s opini on dated Apr i l 6, 2009 i s VACATE D. I T I S FUR THER OR D ERED 

## tha tthe co ur t ’ s m a nd a t e tha tiss ue d o n A p r il 2 8 , 2 0 0 9 is VACATE D and RECALLE D.
fo rmnam e: c7_O rd er_3J(fo rmI D: 177 )
* Circuit Judge of the Third Circuit, sitting by designation.

** 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. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________________________

No. 01-20481

_____________________________________

Henry SKINNER, Plaintiff-Appellant,
V. Steve Carey STAPLES, et al. Respondents-Appellees.

__________________________________________________ Appeal from the United States District Court For the Southern District of Texas

(H-99-0603)

__________________________________________________ March 7, 2002 Before ALDISERT * , DAVIS, and PARKER, Circuit Judges.
PER CURIAM: ** Plaintiff-appellant Henry Skinner appeals from the district court’s grant of summary judgment in favor of the defendants in his § 1983 suit against various prison officials. We affirm the judgment of the district court essentially for the reasons stated in Judge Rosenthal’s thorough opinion of March 31, 2001.
AFFIRMED.
[Federal Register Volume 65, Number 212 (Wednesday, November 1, 2000)]
[Notices]
[Page 65298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27968]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title and OMB Number: Survey of Army Applicants Who Were Qualified 
Not Enlisted (QNE) or Those Who Entered the Delayed Entry Program (DEP) 
But Chose Not to Enlist: OMB Number 0702-[To Be Determined].
    Type of Request: New Collection.
    Number of Respondents: 8,000.
    Responses Per Respondent: 1.
    Annual Responses: 2,240.
    Average Burden Per Response: 21 minutes.
    Annual Burden Hours: 784.
    Needs and Uses: This survey effort will collect expectation metrics 
concerning the value of Army enlistment incentives, training, and job/
occupational choices. A very large number of individuals make a 
decision to enlist in the Army and, although qualified, do not complete 
the enlistment process. Another group of individuals actually enlist, 
and become members of the Delayed Entry Program, then later change 
their mind prior to actual ship date and become a loss. Understanding 
the reasons for these losses may place the Army Recruiting Command in a 
better position to provide the necessary number of recruits to maintain 
end strength.
    Affected Public: Individuals and Households.
    Frequency: Annually.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Mr. Edward C. Springer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Springer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD Clearance Officer: Mr. Robert Cushing.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Cushing WHS/DIOR, 1215 Jefferson Davis Highway, 
Suite 1204, Arlington, VA 22202-4302.

    Dated: October 25, 2000.
Patricia L. Toppings,
Alternate, OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 00-27968 Filed 10-31-00; 8:45 am]
BILLING CODE 5001-10-M
EXHIBIT 21.
SUBSIDIARIES OF THE COMPANY

|                                                |  |                         | 
|----------------------------------------------- |  | ----------------------- | 
|SUBSIDIARY                                      |  | STATE OF
 INCORPORATION | 
|                                                |  |                         | 
|AOC
 Transport, Inc.                            |  | Delaware                | 
|GettyMart,
 Inc.                                |  | Delaware                | 
|Getty AR
 Leasing, Inc.                         |  | Arkansas                | 
|Getty CA
 Leasing, Inc.                         |  | California              | 
|Getty CT
 Leasing, Inc.                         |  | New York                | 
|Getty HI
 Indemnity, Inc.                       |  | Hawaii                  | 
|Getty HI
 Leasing, Inc.                         |  | Hawaii                  | 
|Getty IL
 Leasing, Inc.                         |  | Illinois                | 
|Getty
 Kalakaua Leasing, Inc.                   |  | Hawaii                  | 
|Getty
 Kingston Corporation                     |  | New York                | 
|Getty MD
 Leasing, Inc.                         |  | Maryland                | 
|Getty MO
 Leasing, Inc.                         |  | Missouri                | 
|Getty NC
 Leasing, Inc.                         |  | North
 Carolina         | 
|Getty ND
 Leasing, Inc.                         |  | North Dakota            | 
|Getty NH
 Leasing, Inc.                         |  | New
 Hampshire          | 
|Getty NY
 Leasing, Inc.                         |  | New York                | 
|Getty OH
 Leasing Inc.                          |  | Delaware                | 
|Getty
 Properties Corp.                         |  | Delaware                | 
|Getty
 Saugerties Corporation                   |  | New York                | 
|Getty TM
 Corp.                                 |  | Maryland                | 
|Getty TX
 Leasing, Inc.                         |  | Texas                   | 
|Getty VA
 Leasing, Inc.                         |  | New York                | 
|Leemilts
 Flatbush Avenue, Inc.                |  | New York                | 
|Leemilts
 Petroleum, Inc.                      |  | New York                | 
|Power Test
 Realty Company Limited Partnership* |  | New York                | 
|Slattery
 Group, Inc.                           |  | New Jersey              | 

|  |                                                                                                                                                                                
|- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|* | ninety-nine percent owned by the Company, representing the limited
 partner units, and one percent owned by Getty Properties Corp., representing
 the general partner interest.

---
Exhibit 23.1

CONSENT OF INDEPENDENT AUDITORS

The
Board of Directors
Click2learn.com, Inc.:

We
consent to incorporation by reference in the registration statements on Form S-8 (Nos. 333-68413, 333-83759, and 333-42822)
and Form S-3 (Nos. 333-87425, 333-89615, and 333-51858) of Click2learn.com, Inc. of our report dated January 31, 2001 relating to the consolidated balance sheets of
Click2learn.com, Inc. and subsidiaries as of December 31, 1999 and 2000, and the related consolidated statements of operations, stockholders' equity, and cash flows for each of the years
in the three-year period ended December 31, 2000, and related consolidated financial statement schedule, which reports appear in the 2000 Annual Report on
Form 10-K of Click2learn.com, Inc.

| |  | KPMG LLP
| |  | --------

Seattle, Washington
March 27, 2001

---

QuickLinks
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

CAAP-18-0000119

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DELBERT P. COSTA, JR., Claimant-Appellee-Appellant,

v.

COUNTY OF HAWAII, DEPARTMENT OF WATER SUPPLY,

Employer-Appellant-Appellee,

and

COUNTY OF HAWAII, HEALTH AND SAFETY DIVISION,

Adjuster-Appellant-Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD

(CASE NO. AB 2014-143 (WH); DCD NO. 9-12-00934 (H))

ORDER OF CORRECTION

(By: Leonard, Acting Chief Judge, for the court1)

IT IS HEREBY ORDERED that the Summary Disposition Order

of the court filed on February 23, 2024, is corrected by adding

the word "AND" between "HEALTH" and "SAFETY", and adding a comma

after the word "DIVISION" in the case caption on page 1 at line 9

from the top so that as corrected, the text reads: "COUNTY OF

HAWAII, HEALTH AND SAFETY DIVISION,".

The Clerk of the Court is directed to incorporate the

foregoing change in the original summary disposition order.

DATED: Honolulu, Hawai#i, February 27, 2024.

FOR THE COURT:

/s/ Katherine G. Leonard

Acting Chief Judge

1 Leonard, Acting Chief Judge, Wadsworth and Nakasone, JJ.

Electronically Filed

Intermediate Court of Appeals

CAAP-18-0000119

27-FEB-2024

09:26 AM

Dkt. 54 OCOR
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C U IT R OB ER TO RIOS-VIZC ARR A, Pe t i tione r-Appe lla

nt, v. GEOR GE W IGEN, W arde n, M osha nnon Va lle y C orre c tiona l Institution, R e sponde nt-Appe lle e . No. 14-17234 D.C . No. 1:14-c v-00875-LJO-M JS M EM O R ANDUM * Appe a l from

the Unite d

Stat e s Distric t C ourt for the Ea ste rn Distric t of C a lifornia L awre nc e J. O’ Ne il, C hie f Distric t Judge , Pre siding

Subm itte d Oc tobe r 17, 2016 * * San Fran c isc o , C a lifornia B e fore : KLEINFELD, TASHIM A, a nd M . SM ITH, C irc uit Judge s. Pe titione r R ios-Viz c arra a ppe a ls the dism issa l of his m otion to va c ate , se t a side , or c orre c t his se nte nc e unde r 28 U.S.C . § 2255. R ios-Viz c a rra c la im s tha

t a prior sta te c onvic tion in C a l ifornia should not be

c onstrue d a s a

“ p rior drug fe lony ” 

# FIL ED OCT 24 2016 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).for the purpose s of 21 U.S.C . § 841(b)(1)(A) a fte r the Supre m e C ourt’ s de c ision in

De sc am ps v. Unite d State s , 133 S.C t. 2276 (2013). The distric t c o urt he ld tha

t his m otion did not qua

l ify a s a pe tition under 28 U.S.C . § 2241, be c a use it did not c la im a c tua l innoc e n c e , a

n d dism isse d it. W e have a ppe lla te jurisdic tion unde r 28 U.S.C . § 1291, a

nd a ffirm . The distric t c ourt did not err whe n it c onc lude d tha t R ios-Viz c arra

fa ile d to satisfy the re quire m e nt of the § 2255(e ) e sc a pe hatc h . Eve n if it is possible for a pe titione r to “be a c tua lly

innoc e nt of a

nonc a pita l se nte n c e for the purpose of qua lify ing for the e sc a

pe hatc h,” M arre ro v. Ive s, 682 F.3d 1190, 1193, (9th C ir. 2012), Rios-Viz c arra fa ils to m ake a pla u sible showing of a c tua l innoc e nc e . R iosViz c arra doe s not a l le ge tha

t he wa s fa c t

ua l ly innoc e nt of the sta

te c onvic tion, nor wa s R ios-Viz c a

rra sta t utorily ine ligibleto re c e ive his se nte nc e , e ithe r with or without the

e nha nc e m e nt. Fina lly , R ios-Viz c a rra ’ s se nte n c e pose s no viola tion of c onstitutiona

l rights. Fa iling to me e t a ny of the possiblee xc e ptions to the § 2255(e ) e sc a

pe hatc h for nonc a

pita l se nte nc ing e nha

nc e m e nts outline d in M arre ro, 682 F.3d a

t 1193 – 95, R ios-Viz c arra c annot bring a § 2241 pe tition to c ha lle nge his se nte nc e .

2AFFIRM E D .

3
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

RUBY JANE GAYLOR,

 Defendant - Appellant.

No. 09-56967

D.C. No. 2:09-cv-02026-GAFAJW

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Gary A. Feess, District Judge, Presiding

Submitted June 15, 2011** 

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

Ruby Jane Gaylor appeals pro se from the district court’s order permanently

enjoining her from filing false tax documents or providing false tax documents to

any persons or entities. We have jurisdiction under 28 U.S.C. § 1291. We review

for an abuse of discretion the issuance of a permanent injunction. United States v.

FILED

JUL 1 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-56967

Kapp, 564 F.3d 1103, 1109 (9th Cir. 2009). We affirm. 

The district court did not abuse its discretion by entering a permanent

injunction preventing Gaylor from filing false tax documents or providing false tax

documents to other persons or entities. See 26 U.S.C. § 7402(a) (“The district

courts of the United States at the instance of the United States shall have such

jurisdiction to make and issue . . . orders of injunction . . . as may be necessary or

appropriate for the enforcement of the internal revenue laws.”); 

California ex rel. Lockyer v. U.S. Dep’t of Agric., 575 F.3d 999, 1019 (9th Cir.

2009) (listing traditional permanent injunction factors). 

Contrary to Gaylor’s contentions, the government’s service of process was

not defective under Fed. R. Civ. P. 4(c)(2), nor was the government required to

enter into a settlement agreement with her. 

Gaylor’s remaining contentions are unpersuasive. 

AFFIRMED.
EXHIBIT 32.1

                   CERTIFICATION PURSUANT TO RULE 13a-14(b) OR
                     RULE 15d-14(b) and 18 U.S.C. Sec.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of HyperDynamics Corporation (the
"Company") on Form 10-QSB/A for the period ended March 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kent P. Watts, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Sec.1350, as adopted pursuant to Section 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 results of operations of the
Company.

Date: May 13, 2005                         By:  /s/ Kent P. Watts
                                                -----------------
                                                Kent P. Watts
                                                Chief Executive Officer