alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED NO VEMBE R 1, 2018

NO. 03

- 17

- 00710

- CR

Theodore Timothy Demaree, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY

BEFORE CHIEF J USTICE ROSE, JUSTICE S FIELD AND TOTH

MODIF IED AND, AS MODIFIED, AFFIRMED

-- OPINION BY JUSTICE FIELD

This is an appeal from the judgment s of conviction rende red by the tr i a l court. Having reviewed

the record and the parties’ arguments, the Court ho lds that there was no erro r in the court’s

judgment s requiring reversal

. However, there was error in the judgment s that requires

correction. Therefore, the Court modifies the trial court’s judgment s to reflect that appellant

pleaded “not true” to two enhancement paragraphs and th at the jury found the two enhancement

paragraphs “true.” The judgment s , as modified , are affirmed

. Because appellant is indigent and

unable to pay costs, no adjudication of costs is made.
#### W. G. SMITH, Appellant, v. STATE of Texas, Appellee.

No. 22100.

Court of Criminal Appeals of Texas.

May 27, 1942.

Z. Van Dobson and Percy Foreman, both of Houston, for appellant.

Spurgeon E. Bell, State’s Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Conviction is for exhibiting a gaming device, to-wit, a marble machine, for, the purpose of gaming; punishment being two years in the penitentiary.

Motion was made to quash the indictment upon the same grounds as were urged in E. F. Conklin v. State, Tex.Cr. App., 162 S.W.2d 416, this day decided.

The indictment in the present case was returned by the same grand jury which returned the indictment against Conklin. The records are the same in both cases so far as the attack upon the grand jury is concerned.

For the same reasons stated in the opinion in Conklin’s ease the indictment in the present case should have been quashed.

The judgment is reversed and the prosecution ordered dismissed.
**Exhibit 32.1**

 

**CertificationPursuant to Section 906 of the Sarbanes-Oxley Act of 2002(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18,United States Code)**

 

 

Pursuant to Section 906 of the Sarbanes-OxleyAct of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 ofTitle 18, United States Code), the undersigned officer of *SOURCECORP*, Incorporated, a Delawarecorporation (the “Company”), does hereby certify that:

 

The Quarterly Report on Form 10-Q for thequarter ended September 30, 2003 (the “Form 10-Q”) of the Company fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and information contained in the Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| Dated:   November 13, 2003 |    /s/ Ed H.  Bowman, Jr.   |
|---------------------------------|---------------------------------------|
|                            | Ed H. Bowman, Jr.                     |
|                            | President and Chief Executive Officer |

 

 

The foregoing certification is being furnished solelypursuant to Section 906 of the Sarbanes-Oxley Act of 2002(subsections (a) and (b) of Section 1350, Chapter 63 ofTitle 18, United States Code).

 

----
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 12

- 15165 Non

- Argument Calendar

________________________ D.C. Docket No. 1:12

- cv - 21083

- RSR

MARLENY CASAS, Plaintiff

- Appellant,

versus USCIS DISTRICT DIRECTOR MIAMI, SECRETARY, US DEPARTMENT OF HOMELAND SECURITY, US ATTORNEY GENERAL, Defendants

- Appellees.

________________________ Appeal from the United States District Court for the Southern District of Florida

_____________ ___________ (May 1, 2013) Before HULL , PRYOR and MARTIN , Circuit Judges.
PER CURIAM:

Case: 12-15165 Date Filed: 05/01/2013 Page: 1 of 32 Marleny Casas, a native and citizen of Cuba , appeals the summary judgment in favor of the District Director of the U.S. Citizenship and Immigration Services , the Secretary of the Department of Homeland Security , and the Attorney General of the U nited S tates

. After the entry of a final order of removal against her, Casas complained that the denial of her second application for an adjustment of status under the Cuban Adjustment Act, Pub. L. 89

- 732, 80 Stat. 1161 (1966), violated the Administrative Procedures Act, 5 U.S.C. § 706, and she sought relief under the
D eclaratory Judgment Act , 28 U.S.C. § 2201, and the Mandamus Act, id. § 1361. Casas argues that a genuine factual dispute ex ists about whether she presented a fraudulent passport to an immigration inspector and that dispute barred summary judgment in favor of the defendants

. We affirm. The district court did not err. Casas misunderstands the standard of review of an agency action

. Under the Administrative Procedures Act, the “ task of the reviewing court is to apply the appropriate APA standard of review .

. . to the agency decision based on the record [provided by] the agency

. ” Florida Power & Light Co. v. Lorion , 470 U.S. 729, 743

– 44, 105 S. Ct. 1598, 1607 (1985)

. The administrative record establishes, as the district court concluded, that the agency based its decision to deny Casas’s application for adjustment of status on substantial evidence that she submitted a fraudulent passport to immigration officials. The question before the district court was whether that decision of the

Case: 12-15165 Date Filed: 05/01/2013 Page: 2 of 33 agency was arbitrary, capricious, or an abuse of discretion. Casas cannot relitigate de novo the underlying factual dispute that the agency resolved

. We AFFIRM the summary judgment in fav or of the defendants

. Case: 12-15165 Date Filed: 05/01/2013 Page: 3 of 3
<PAGE>

                                                                      EXHIBIT 23

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Fruit of the Loom, Ltd.
Registration Statements and related Prospectuses as follows: Post-Effective
Amendment No. 4 to Form S-8, Registration No. 33-18250 pertaining to the Fruit
of the Loom, Inc. 1987 Stock Option Plan, Post-Effective Amendment No. 1 to Form
S-8, Registration No. 33-50499 pertaining to the Fruit of the Loom, Inc.
Directors' Stock Option Plan, Post-Effective Amendment No. 1 to Form S-8,
Registration No. 333-38953 pertaining to the Fruit of the Loom Inc. 1995
Executive Incentive Compensation Plan As Amended and Restated and the Fruit of
the Loom, Inc. 1996 Incentive Compensation Plan As Amended and Restated (the
"1996 Incentive Compensation Plan"), Post-Effective Amendment No. 1 to Form S-8,
Registration No. 33-59551 pertaining to the Fruit of the Loom, Inc. Executive
Incentive Compensation Plan, Post-Effective Amendment No. 1 to Form S-8,
Registration No.333-09203 pertaining to the 1996 Incentive Compensation Plan,
Post-Effective Amendment No. 1 to Form S-8, Registration No. 33-39625 pertaining
to the Fruit of the Loom, Inc. 1989 Stock Grant Plan and the Fruit of the Loom,
Inc. Long-Term Bonus Plan, Post-Effective Amendment No. 2 to Form S-8,
Registration No. 333-00039 pertaining to the Fruit of the Loom, Inc. 1995
Executive Incentive Compensation Plan and the Fruit of the Loom, Inc. 1995
Non-Employee Director's Stock Plan, Form S-8, Registration No. 333-74077
pertaining to the 1996 Incentive Compensation Plan, Post-Effective Amendment No.
2 to Form S-3, Registration No. 33-52023 pertaining to the registration of
2,178,178 Class A Ordinary Shares, Post-Effective Amendment No. 1 to Form S-3
Registration No. 33-52779 pertaining to the registration of 2,178,178 Class A
Ordinary Shares and Amendment No. 1 to Form S-4 Registration No. 333-79195
pertaining to the registration of $250,000,000 in 8 7/8% Senior Notes due April
15, 2006 of our report dated February 15, 2002 except for the "Reorganization
Cases" note as to which the date is March 19, 2002, with respect to the
consolidated financial statements and schedule of Fruit of the Loom, Ltd. and
subsidiaries included in this Annual Report (Form 10-K) for the year ended
December 29, 2001.



                                                     Ernst & Young LLP


Chicago, Illinois
April 11, 2002
<TABLE> <S> <C>

<ARTICLE>                              5
<CIK>                                    0000937598
<NAME>                                 Periphonics Corporation
       
<S>                                      <C>
<PERIOD-TYPE>                          3-mos
<FISCAL-YEAR-END>                      May-31-1998
<PERIOD-START>                         Jun-1-1997
<PERIOD-END>                           Aug-31-1997
<CASH>                                       15,961
<SECURITIES>                                 10,788
<RECEIVABLES>                                26,996
<ALLOWANCES>                                 (1,000)
<INVENTORY>                                  13,749
<CURRENT-ASSETS>                             69,059
<PP&E>                                       34,945
<DEPRECIATION>                              (17,579)
<TOTAL-ASSETS>                               86,867
<CURRENT-LIABILITIES>                        13,886
<BONDS>                                           0
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                        137
<OTHER-SE>                                   72,579
<TOTAL-LIABILITY-AND-EQUITY>                 86,867
<SALES>                                      22,560
<TOTAL-REVENUES>                             22,560
<CGS>                                        11,866
<TOTAL-COSTS>                                11,866
<OTHER-EXPENSES>                             10,662
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                                0
<INCOME-PRETAX>                                 131
<INCOME-TAX>                                     49
<INCOME-CONTINUING>                              82
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                                     82
<EPS-PRIMARY>                                   .01 
<EPS-DILUTED>                                   .01
        


</TABLE>
EXHIBIT 32.2

                   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  for the period ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kent P. Watts, Chief Financial 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: February 23, 2004                 By:  /s/ Kent P. Watts
                                             -----------------
                                        Kent P. Watts
                                        Chief Financial Officer


<PAGE>
EXHIBIT
32





CAREADVANTAGE,
INC


CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





Pursuant
to, and for purposes only of, 18 U.S.C. § 1350, I, Dennis J. Mouras, Chief
Executive Officer and acting principal financial officer of CareAdvantage, Inc.
(the “Company”), hereby certify that (i) the Quarterly Report of the Company on
Form 10-Q for the quarter ended March 31, 2010 filed with the Securities and
Exchange Commission (the “Report”) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii)
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.





Dated:
May 14, 2010




/s/ Dennis J. MourasDennis
      J. MourasChief
      Executive Officer and acting Principal Financial
      Officer
**EXHIBIT
      32**





**CAREADVANTAGE,
      INC**


**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





Pursuant
      to, and for purposes only of, 18 U.S.C. § 1350, I, Dennis J. Mouras, Chief
      Executive Officer and acting principal financial officer of CareAdvantage,
      Inc.
      (the “Company”), hereby certify that (i) the Quarterly Report of the Company on
      Form 10-QSB for the quarter ended June 30, 2007 filed with the Securities and
      Exchange Commission (the “Report”) fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii)
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.





Dated:August
              14, 2007/s/ Dennis J. MourasDennis
              J. Mouras,Chief
              Executive Officer andacting
              Principal Financial Officer
ACCEPTED

04-13-00239-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

1/14/2015 10:24:08 AM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 1/14/2015 10:24:08 AM KEITH E. HOTTLE Clerk
I 

113TH CONGRESS 

1ST SESSION H. R. 3535 

To amend the Internal Revenue Code of 1986 to authorize new empowerment 

zone designations for urban areas with high unemployment and high 

foreclosure rates, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2013 

Mr. MCNERNEY (for himself and Mr. GARY G. MILLER of California) introduced the following bill; which was referred to the Committee on Ways 

and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to authorize 

new empowerment zone designations for urban areas 

with high unemployment and high foreclosure rates, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Revitalize Our Cities 

5 Act’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 3535 IH

1 SEC. 2. THREE-YEAR EXTENSION AND NEW EMPOWERMENT 

2 ZONE DESIGNATIONS FOR HIGH UNEMPLOY3 MENT AND FORECLOSURE AREAS. 

4 (a) EXTENSION.—Clause (i) of section 1391(d)(1)(A) 

5 of the Internal Revenue Code of 1986 is amended by strik6 ing ‘‘December 31, 2013’’ and inserting ‘‘December 31, 

7 2016’’. 

8 (b) ADDITIONAL DESIGNATIONS.—Section 1391 of 

9 such Code is amended by adding at the end the following 

10 new subsection: 

11 ‘‘(i) ADDITIONAL DESIGNATIONS PERMITTED.— 

12 ‘‘(1) IN GENERAL.—In addition to the areas 

13 designated under subsections (a), (g), and (h), the 

14 appropriate Secretaries may designate an additional 

15 20 nominated areas as empowerment zones under 

16 this section, subject to the availability of eligible 

17 nominated areas. Such zones shall be designated in 

18 urban areas. 

19 ‘‘(2) PERIOD DESIGNATIONS MAY BE MADE AND

20 TAKE EFFECT.—A designation may be made under 

21 this subsection after the date of the enactment of 

22 this subsection and before January 1, 2015. 

23 ‘‘(3) MODIFICATIONS TO ELIGIBILITY CRI24 TERIA.— 

25 ‘‘(A) UNEMPLOYMENT AND FORE26 CLOSURE.—A nominated area shall be eligible 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•HR 3535 IH

1 for designation under this subsection only if the 

2 average unemployment rate and the average 

3 rate of residential and commercial foreclosures 

4 in the area are each higher than that of the 

5 State within which the area is located for the 

6 period beginning January 1, 2009, and ending 

7 with the date of the enactment of this sub8 section. 

9 ‘‘(B) POPULATION.—Subparagraph (A) of 

10 section 1392(a)(1) shall be applied without re11 gard to clause (ii) thereof.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on the date of the enactment 

14 of this Act. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
The financial data schedule contains summary information extracted from Part I
of Form 10-QSB for the quarterly period ended March 31, 1999 and is qualified in
its entirety by reference to such financial statements.    
</LEGEND>
<CIK>                         0000937136
<NAME>                        HYPERDYNAMICS CORPORATION
<MULTIPLIER>                  1
<CURRENCY>                    U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>             JUN-30-1999
<PERIOD-START>                JAN-1-1999
<PERIOD-END>                  MAR-31-1999
<EXCHANGE-RATE>               1
<CASH>                        7643
<SECURITIES>                  0
<RECEIVABLES>                 121981
<ALLOWANCES>                  0                 
<INVENTORY>                   81884
<CURRENT-ASSETS>              267839
<PP&E>                        108309
<DEPRECIATION>                0
<TOTAL-ASSETS>                504187
<CURRENT-LIABILITIES>         208309
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   0              
<COMMON>                      12349
<OTHER-SE>                    269030
<TOTAL-LIABILITY-AND-EQUITY>  504187
<SALES>                       331071                 
<TOTAL-REVENUES>              331071
<CGS>                         148993
<TOTAL-COSTS>                 148993                 
<OTHER-EXPENSES>              179513
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            0                 
<INCOME-PRETAX>               2565
<INCOME-TAX>                  0
<INCOME-CONTINUING>           2565
<DISCONTINUED>                0
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  2565
<EPS-PRIMARY>                 0
<EPS-DILUTED>                 0
        


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule  contains  summary  financial  information  extracted from Balance
Sheet,  Statement  of  Operations,  Statement  of Cash  Flows and Notes  thereto
incorporated  in Part I,  Item 1 of this Form  10-QSB  and is  qualified  in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         463,616
<SECURITIES>                                         0
<RECEIVABLES>                               10,812,618
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            13,831,820
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              13,856,255
<CURRENT-LIABILITIES>                        6,219,586
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       504,494
<OTHER-SE>                                   5,782,175
<TOTAL-LIABILITY-AND-EQUITY>                13,856,255
<SALES>                                      1,969,865
<TOTAL-REVENUES>                             1,969,865
<CGS>                                        1,368,084
<TOTAL-COSTS>                                1,368,084
<OTHER-EXPENSES>                               711,835
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             112,723
<INCOME-PRETAX>                              (219,608)
<INCOME-TAX>                                 (111,068)
<INCOME-CONTINUING>                          (108,540)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (108,540)
<EPS-PRIMARY>                                      .16
<EPS-DILUTED>                                      .16
        

</TABLE>
**Exhibit 31.2**

 

**Certification of Chief Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**

 

I, Hans S. Weger, certify that: 

 

1. I have reviewed this annual report on Form 10-K ofLaSalle Hotel Properties; 

 

2. Based on myknowledge, 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 respectto 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, theperiods presented in this report; 

 

4. Theregistrant’s other certifying officer(s) 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, orcaused 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) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability offinancial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; 

 

(c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

(d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during theregistrant’s fourth fiscal quarter of 2005 that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer(s) and Ihave disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

 

(a) All significant deficiencies and materialweaknesses 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; and 

 

(b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: February 22, 2006