alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE TENTH COURT OF APPEALS No. 10
- 19
- 00088
- CR BRIAN TODD DEKLE , Appellant v. THE STATE OF TEXAS , Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2016
- 324
- C1

MEMORANDUM OPINION
The jury convicted Brian Dekle in Count Nos. 1, 3, 4, and 5 of the indictment for the offense of aggravated sexual assault of a child and assessed punishment at 74 years confinement for each count. The jury convicted Dekle in Counts 6 and 8 for the offense
of sexual assault of a child and assessed punishment at 20 years confinement for each count. The jury convicted Dekle in Count 9 for the offense of indecency with a child by contact and assessed puni shment at 20 years confinement. We affirm.D ekle v. State Page 2

In the first issue, Dekle complains tha t the trial court was “without power” to hear his case. Dekle was tried to a jury on February 19, 2019 through February 21, 2019. Judge Strother, the elected judge of the 19 th District Court of McLennan County, began the trial and presided over the trial until the conclusion of the evidence. Judge Hodges presided over the conclusion of the trial, including closing arguments, reading the charge, and receiving the verdict. Judge Hodges was appointed by the McLennan County
Commissioners Court to act as an associate judge for all courts of McLennan County. Judge Hodges was assigned as a visiting judge for all courts of McLennan County by Presiding Judge Billy Ray Stubblefield for a period beginning October 16, 2018 through September 30, 2019. Dekle argues that Judge Hodges was not qualified to preside over the trial. Dekle contends that Hodges was hired as an associate judge for McLennan County and that his employment prevents him from serving as a visiting judge. Jurisdiction is something
poss essed by co urts, not by judges. Davis v. State , 956 S.W.2d 555, 557 (Tex. Crim. App. 1997). Dekle does not argue that the trial court did not have jurisdiction to hear his case. The qualification of the trial judge could have been raised at trial. See Ex parte
Ri chardson , 201 S.W.3d 712, 714 (Tex. Crim. App. 2006). Dekle did not object to Judge Hodges presiding over a portion of the trial. Dekle was aware that Judge Hodges would preside over the closing arguments and jury deliberations, but he did not raise any objection to Judge Hodges. Trial counsel for Dekle in fact stated, “...we don’t have anyD ekle v. State Page 3

problem with Judge Hodges coming in tomorrow.” Because Dekle did not object to the qualifications of Judge Hodges at trial, we find that he has not preserved his compl aint
for review. See Ex parte Richardson , 201 S.W.3d at 714. Dekle raised a second issue in his initial brief. However, on November, 5, 2019, his counsel filed an abandonment of that issue. Therefore, we will not address that issue.
We aff irm the tr ial court’s judgment.

JOHN E. NEILL Justice Before Chief Justice Gray, Justice Davis, and Justice Neill (Chief Justice Gray concurring)* Affirmed Opinion delivered and filed January 29, 2020 Do not publish [CRPM] *(Chief Justice Gray concurs in the Court’s judgment. A separate opinion will not issue.)
#### L. HINES v. STATE.

No. 19958.

Court of Criminal Appeals of Texas.

Nov. 30, 1938.

Rehearing Denied Jan. 25, 1939.

Wm. McMurrey, of Cold Springs, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, Judge.

The offense is theft; the punishment, confinement in the penitentiary for two years.

No statement of facts is brought forward.

Appellant is a negro. The two bills of exception found in the record relate to the appellant’s effort to have the indictment set aside on the alleged ground that the negro race had been discriminated against in the selection of the grand jury which returned the indictment. The court heard the testimony of three witnesses, which was in all things identical with the testimony of the same witnesses as shown in the case of Walter Ryan v. State, Tex.Cr.App., 123 S.W.2d 659, this day delivered. In that case we reached the conclusion that the evidence failed to show that the omission to draw any negroes upon the grand jury which indicted Ryan was the result of purposeful discrimination against the negroes because of their race or color. Giving effect to such holding, we are constrained to overrule appellant’s contention.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

On Motion for Rehearing.

KRUEGER, Judge.

Appellant, in his motion for a rehearing, insists that we erred in our original opinion in holding that the trial court did not err in overruling his motion to quash the .indictment on the grounds that the negro race was discriminated against.

We have again carefully reviewed the record in the light of the appellant’s motion and remain of the opinion that the case was properly disposed of on original submission. See, also, Mitchell v. State, 132 Tex.Cr.R. 491, 105 S.W.2d 246.

The motion for a rehearing is overruled.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been' examined by the Judges of the Court of Criminal Appeals and approved by the Court.
II 

115TH CONGRESS 

1ST SESSION S. 2251 

To require the United States Postal Service to designate a single, unique 

ZIP code for Swanzey, New Hampshire. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2017 

Mrs. SHAHEEN (for herself and Ms. HASSAN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To require the United States Postal Service to designate 

a single, unique ZIP code for Swanzey, New Hampshire. 

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

3 SECTION 1. SINGLE, UNIQUE ZIP CODE FOR SWANZEY, NEW 

4 HAMPSHIRE. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the United States Postal Service shall des7 ignate a single, unique ZIP code applicable to the area 

8 encompassing only Swanzey, New Hampshire, in its en9 tirety. 

Æ 


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II 

115TH CONGRESS 

1ST SESSION S. 2223 

To amend the Agricultural Act of 2014 to clarify forest, rangeland, and 

watershed restoration services under good neighbor agreements. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 13, 2017 

Ms. BALDWIN (for herself, Mr. JOHNSON, and Ms. KLOBUCHAR) introduced 

the following bill; which was read twice and referred to the Committee 

on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Agricultural Act of 2014 to clarify forest, 

rangeland, and watershed restoration services under good 

neighbor agreements. 

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 ‘‘Good Neighbor Au5 thority Improvement Act’’. 

6 SEC. 2. DEFINITION OF FOREST, RANGELAND, AND WATER7 SHED RESTORATION SERVICES. 

8 Section 8206(a) of the Agricultural Act of 2014 (16 

9 U.S.C. 2113a(a)) is amended— 


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2 

•S 2223 IS

1 (1) in paragraph (3)(B)(i), by striking ‘‘areas; 

2 or’’ and inserting the following: ‘‘areas, other than 

3 the reconstruction, repair, or restoration of a Na4 tional Forest System road that is— 

5 ‘‘(I) necessary to carry out au6 thorized restoration services pursuant 

7 to a good neighbor agreement; and 

8 ‘‘(II) in the case of a National 

9 Forest System road that is deter10 mined to be unneeded in accordance 

11 with section 212.5(b)(2) of title 36, 

12 Code of Federal Regulations (as in ef13 fect on the date of enactment of the 

14 Good Neighbor Authority Improve15 ment Act), decommissioned in accord16 ance with subparagraph (A)(iii)— 

17 ‘‘(aa) in a manner that is 

18 consistent with the applicable 

19 travel management plan; and 

20 ‘‘(bb) not later than 3 years 

21 after the date on which the appli22 cable authorized restoration serv23 ices project is completed; or’’; 

24 (2) by redesignating paragraphs (6) and (7) as 

25 paragraphs (7) and (8), respectively; and 


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3 

•S 2223 IS

1 (3) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) NATIONAL FOREST SYSTEM ROAD.—The 

4 term ‘National Forest System road’ has the meaning 

5 given the term in section 212.1 of title 36, Code of 

6 Federal Regulations (as in effect on the date of en7 actment of the Good Neighbor Authority Improve8 ment Act).’’. 

Æ 


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<PAGE>

                                      Exhibit 11


                    USCS INTERNATIONAL, INC.
               COMPUTATION OF PER SHARE EARNINGS
              (In thousands except per share data)

<TABLE>
<CAPTION>

                                    Three months ended
                                        March 31,
                                  ---------------------
                                     1998       1997
                                  ---------   ---------
                                       (unaudited)
<S>                                <C>        <C> 
Weighted average number of 
common shares outstanding
during the period                   23,032      23,096 

Common stock equivalents
considered to be outstanding
for the periods presented              729       1,038 
                                  ---------   ---------
                                    23,761      24,134 

Net income                        $  6,269    $  5,053 

Earnings per share
  Basic                           $   0.27    $   0.22 
  Diluted                         $   0.26    $   0.21 

</TABLE>


                                          22
<PAGE>   1


                       VALUE CITY DEPARTMENT STORES, INC.

                                   EXHIBIT 11
                    COMPUTATION OF EARNINGS PER COMMON SHARE
                    ----------------------------------------
<TABLE>
<CAPTION>

                                                                                  1996         1995           1994
                                                                               ----------   -----------    -----------

<S>                                                                             <C>            <C>          <C>       
Weighted average number of common shares outstanding                            31,722,381     31,981,893   32,048,745

Add net shares issuable pursuant to stock option plans less
     shares assumed repurchased at the average market price                        135,064       27,062        131,922
                                                                               -----------  -----------    -----------

Number of shares for computation of primary earnings per share                  31,857,445   32,008,955     32,180,667

Add net shares issuable pursuant to stock option plans less
     shares assumed repurchased at period end market price                          38,172       20,902          2,293
                                                                               -----------  -----------    -----------

Number of shares for computation of fully diluted
     earnings per share                                                         31,895,617   32,029,857     32,182,960
                                                                               ===========  ===========    ===========

Net income for primary and fully diluted earnings per share                    $21,718,000  $13,819,000    $38,936,000
                                                                               ===========  ===========    ===========

Pro forma net income for primary and fully diluted
     earnings per share

Earnings per share - primary and fully diluted                                       $0.68        $0.43          $1.21
                                                                               ===========  ===========    ===========
</TABLE>
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

JAMES DRAUCKER, §

#00146717, §

§

Plaintiff, §

§

V. § No. 3:22-cv-2359-M

§

ROCKWALL COUNTY COURT §

HOUSE, ET AL., §

§

Defendants. §

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND 

RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made Findings, Conclusions, and a 

Recommendation in this case [Dkt. No. 21]. Objections were filed [Dkt. No. 29]. The 

District Court reviewed de novo those portions of the proposed Findings, Conclusions, 

and Recommendation to which objection was made, and reviewed the remaining 

proposed Findings, Conclusions, and Recommendation for plain error. Finding no 

error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the 

United States Magistrate Judge. The Court therefore DISMISSES the Petition for 

Injunction to Grant Plaintiffs Release from Confinement [Dkt. No. 20] without 

prejudice to James Draucker’s right to exhaust available state remedies and, solely 

for statistical purposes, DIRECTS the Clerk to OPEN a new 28 U.S.C. § 2241 habeas 

action (NOS 530) directly assigned to the undersigned and Magistrate Judge Horan 

and to CLOSE the same

SO ORDERED this 3rd day of January, 2023.

Case 3:22-cv-02359-M-BN Document 34 Filed 01/03/23 Page 1 of 2 PageID 173
Case 3:22-cv-02359-M-BN Document 34 Filed 01/03/23 Page 2 of 2 PageID 174
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

###### Federal Energy Regulatory Commission

          - [Docket No. RP01-117-000]

Take notice that on November 28, 2000, El Paso Natural Gas Company (El Paso) tendered for filing as part of its FERC Gas Tariff, the following tariff sheets, to become effective January 1, 2001:

## Second Revised Volume No. 1-A

Nineteenth Revised Sheet No. 20

Thirteenth  Revised Sheet No. 22

Nineteenth Revised Sheet No. 23

Twenty-Third Revised Sheet No. 24

Nineteenth Revised Sheet No. 26

Nineteenth Revised Sheet No. 27

Sixth Revised Sheet No. 37

Sixth Revised Sheet No. 38

## Third Revised Volume No. 2

Forty-Eighth Revised Sheet No. 1-D.2

Forty-Second Revised Sheet No. 1-D.3

El Paso states that the above tariff sheets are being filed to adjust its rates for inflation.

Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance). Comments and protests may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at http://www.ferc.fed.us/​efi/​doorbell.htm.

David P. Boergers,

Secretary.

[FR Doc. 00-31424 Filed 12-8-00; 8:45 am]

BILLING CODE 6717-01-M
IIB 

111TH CONGRESS 

1ST SESSION H. R. 1293 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2009 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to provide for an 

increase in the amount payable by the Secretary of Veterans Affairs to veterans for improvements and structural alterations furnished as part of home health services. 

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

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2 

HR 1293 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Disabled Veterans 

3 Home Improvement and Structural Alteration Grant In4 crease Act of 2009’’. 

5 SEC. 2. INCREASE IN AMOUNT AVAILABLE TO DISABLED 

6 VETERANS FOR IMPROVEMENTS AND STRUC7 TURAL ALTERATIONS FURNISHED AS PART 

8 OF HOME HEALTH SERVICES. 

9 (a) INCREASE.—Section 1717(a)(2) of title 38, 

10 United States Code, is amended— 

11 (1) in subparagraph (A), by striking ‘‘$4,100’’ 

12 and inserting ‘‘$6,800’’; and 

13 (2) in subparagraph (B), by striking ‘‘$1,200’’ 

14 and inserting ‘‘$2,000’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall apply with respect to a veteran who 

17 first applies for benefits under section 1717(a)(2) of title 

18 38, United States Code, on or after the date of the enact19 ment of this Act. 

20 (c) APPLICABILITY.—A veteran who exhausts such 

21 veteran’s eligibility for benefits under section 1717(a)(2) 

22 of title 38, United States Code, before the date of the en23 actment of this Act, is not entitled to additional benefits 

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3 

HR 1293 RFS

1 under such section by reason of the amendments made 

2 by subsection (a). 

Passed the House of Representatives July 28, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

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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 Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-3610-EM; Docket ID FEMA-2024-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of an emergency declaration for the Commonwealth of Puerto Rico (FEMA-3610-EM), dated August 13, 2024, and related determinations.

# DATES:

This amendment was issued August 26, 2024.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the incident period for this emergency is closed effective August 16, 2024.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2024-20451 Filed 9-10-24; 8:45 am]

BILLING CODE 9111-23-P
By Notice dated October 8, 1999, and published in the                     **Federal Register**                     on October 18, 1999, (64 FR 52266), Chirex Technology Center, Inc., DBA Chirex Cauldron, 383 Phoenixville Pike, Malvern, Pennsylvania 19355, made application to the Drug Enforcement Administration (DEA) to be registered as an importer of phenylacetone (8501), a basic class of controlled substance listed in Schedule II.                

The firm plans to import the phenylacetone for the manufacture of amphetamine.

No comments or objections have been received. DEA has considered the factors in Title 21, United States Code, Section 823(a) and 952(a), and determined that the registration of Chirex Technology Center, Inc., DBA Chirex Cauldron to import phenylacetone is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971, at this time. DEA has investigated the company to ensure that the company's registration is consistent with the public interest. This investigation included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to Section 1008(a) of the Controlled Substances Import and Export Act and in accordance with Title 21, Code of Federal Regulations, Section 1301.34, the above firm is granted registration as an importer of the basic class of controlled substance listed above.

Dated: January 27, 2000.

John H. King,

Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.

[FR Doc. 00-3144  Filed 2-9-00; 8:45 am]

BILLING CODE 4410-09-M