alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-82,482-01

EX P ARTE RICHARD SEP EDA SOS A, III, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. B-13-1065-SB IN THE 119 DISTRICT COURT th F ROM TOM G REEN COUNTY

Per curiam . O R D E R Pursuant to the provisions of Article 11.07 of the Texas Code o f C ri m i n al Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of evading arr est and detention with a vehicle and sentenc ed to twenty -five y ear s’ imprisonment. Applicant did not appea l his conviction. Applicant al l ege s that his sentenc e in this case is illega l. Specifica lly , he alleg es that the punishment rang e in this case was improperly enhanc ed under T E X . P E N A L C O D E § 12.42 (d), throug h the improper use of a prior state jail felony conviction for possession of a controlled2

substance. The trial court, without making any rec ommendation reg arding whether relief should be g rante d, has enter ed finding s of fac t that ref er this Court to our rec ent decision in Samaripas v. State , 454 S.W .3d 1 (Tex. Crim. App. 2014). Applicant has alleg ed fac ts that, if true, might entitle him to relief

. I n these circ umstances, additional fac ts are ne eded. A s we he ld in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). I n the appr opriate c ase, the trial court may rely on its personal re collection. Id

. I f the trial court elec ts to hold a hea ring , it shall determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wish es t o be repr esente d by counsel, the trial court shall appoint an attorney to repre sent Applicant at the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make finding s of fac t and conc l u s i o n s o f law reg arding whether Applica n t h ad an y other prior felony convictions that could have been used by the State for enhanc ement purposes in this case . See Ex parte Parrott , 396 S.W .3d 531 (Tex. Crim. App. 2013). T h e t ri al court shall also make any other finding s of fac t and conclusions of law that it dee m s rele vant and a

ppropriate to the dispositi on of Applica nt’s claim for ha

beas c orpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this order

. A supplemental transcr i p t co n t ai n ing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court withi n 120 day s of t he date of t his order

. Any extensions of ti me shall3

be obtained f

rom this Court. Filed: Jul y

1, 2015 Do not publish
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Quarterly Report of Yellow Hill Energy Inc. (the
"Company") on Form 10-Q for the period ending October 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jay
Jhaveri, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.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.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
2nd day of December, 2008.


/s/ Jay Jhaveri
------------------------------
Chief Executive Officer
**Exhibit 31.2**

 

**PURSUANT TO EXCHANGE ACT RULE 13a-14(a)/15d-14(a)**

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

I, Wayne A. Palladino,certify that:

 

1. I have reviewed thisquarterly report on Form 10-Q of Pzena Investment Management, Inc.;

 

2. Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3. Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4. The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a) Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b) Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c) Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5. The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors:

 

(a) Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b) Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 
|   | /s/  Wayne A.  Palladino |
|--------|------------------------------------|
|   | Name:                              | Wayne A. Palladino |
|   | Title:                             | Chief Financial Officer |

 

Dated: May 14, 2008

 

----
**Docket Number FAA -**  **2013 -**  **0689**
#### SOCIETY FOR ANIMAL RIGHTS, INC., *ET AL.,*PLAINTIFFS-APPELLANTS, v. THE TOWNSHIP OF MAHWAH, DEFENDANT-RESPONDENT, AND COMMUNITY DOG CONTROL, INC., AND TOWN OF KEARNY, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND THE BOROUGH OF BERGENFIELD, *ET AL.,*DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey Appellate Division

Argued February 23, 1977

Decided March 9, 1977.

Before Judges Lynch, Milmed and Antell.

*Mr. John N. Malyslca*argued the cause for appellants *(Messrs. Meyner, Landis & Verdón,*attorneys).

*Mr. Kevin W. Funabashi*argued the cause for respondent Township of Mahwah *(Messrs Breslin & Breslin,*attorneys).

*Mr. Gregory S. Baxter*argued the cause for respondent and cross-appellant Community Dog Control, Inc. *(Messrs. Sailing, Gassert*& *O’Mara,*attorneys).

*Mr. Norman A. Boyle, Jr.*argued the cause for respondent and cross-appellant Town of Kearny.

*Mr. Gabriel M. Ambrosio*argued the cause for respondent Township of Lyndhurst *(Messrs. Ambrosio & Ambrosio,*attorneys).

Per Curiam.

The judgment of the Law Division is affirmed substantially for the reasons stated in Judge Pressler’s opinion reported at 138 *N. J. Super.*322 (Law Div. 1975).

*250We note that in the trial judge’s opinion the question of the viability of commercial contracts into which the Hudson-type municipalities have entered was reserved with leave granted to plaintiffs to move, if they so chose, with respect to any such contracts. 138 *N. J. Super.*at 342-343. Subsequent to Judge Pressler’s opinion plaintiffs filed a stipulation waiving any right they may have to challenge such contracts. The issue is therefore no longer in the case.
#### E. H. Warner v. The Chicago *&*North Western Railway Company, Appellant.

Watercourse: unlawful DIVERSION. The fact that water was standing on plaintiff’s land at the time of the wrongful diversion of other water by defendant onto his land would not necessarily defeat plaintiff’s recovery.

*Appeal -from Tama District Court.*— Hon. Obed Caswell, Judge.

Saturday, April 11, 1903.

Action to recover damages for the overflow of land. Trial to a jury, and a verdict and judgment for the plaintiff. The defendant *appeals.*

AMrmed.

Subbard, *Davdey & Wheeler*for appellant.

*Caldwell & Walters*for appellee.

Sherwin, J.

The testimony shows that the water flowing down Jackson creek was diverted on to the plaintiff’s land by reason of the insufficient passageway therefor through the defendant’s roadway, and on account of a ditch running east on its right of way. The plaintiff was entitled to such damages only as he could prove were caused by this overflow of his land, and, if the water diverted from Jackson creek on to his land commingled with water which had reached there from some other source, it was for him to prove the damage caused by the water from the *160creek. The fact that water from the hills north of his land flowed thereon, or that some was already standing on the land at the time of the overflow of the creek, would not necessarily defeat a recovery, for the testimony tends to show that this natural flow of water had never seriously interfered with the cultivation of the plaintiii’s land, and had never destroyed the grass, or prevented a fair crop thereon. If the jury believed such to be the case, it was justified in finding that the additional volume of water thrown on to the land from the creek was ihe cause of its condition later in the season. It is also a matter of common observation that a large volume of water standing upon land will more thoroughly saturate it than .a small amount. The instructions eomiilained of seem to us to announce correct principles of law, and to be'in harmony with the decisions. As we have already said there was testimony before the jury upon which the instructions were based, and we think they were properly given; and, in our judgment those, given, sufficiently covered the instructions asked by the defendant, and there was, therefore, no error in refusing to give those asked.

The single question to the witness Youngerman on cross-examination was not of great importance one way or the other. He might properly have been permitted to answer it. but we will not reverse because of the ruling.

The judgment is aebtrMed.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 307 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 307

To amend title XVIII of the Social Security Act to eliminate the budget 
neutrality adjustment factor used in calculating the blended capitation 
                rate for Medicare+Choice organizations.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 26, 1999

    Mr. Wyden (for himself and Mr. Smith of Oregon) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL

 
To amend title XVIII of the Social Security Act to eliminate the budget 
neutrality adjustment factor used in calculating the blended capitation 
                rate for Medicare+Choice organizations.

    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 ``Medicare+Choice Payment Equity Act 
of 1999''.

SEC. 2. ELIMINATION OF BUDGET NEUTRALITY ADJUSTMENT FACTOR IN 
              CALCULATING THE BLENDED CAPITATION RATE FOR 
              MEDICARE+CHOICE ORGANIZATIONS.

    (a) In General.--Section 1853(c) of the Social Security Act (42 
U.S.C. 1395w-23(c)) is amended--
            (1) in paragraph (1)(A), by striking the comma at the end 
        of clause (ii) and all that follows before the period at the 
        end; and
            (2) by striking paragraph (5) and redesignating paragraphs 
        (6) and (7) as paragraphs (5) and (6) respectively.
    (b) Conforming Amendments.--Part C of title XVIII of the Social 
Security Act (42 U.S.C. 1395w-21 et seq.) is amended--
            (1) in section 1853(c)--
                    (A) in the matter preceding subparagraph (A) of 
                paragraph (1), by striking ``(6)(C) and (7)'' and 
                inserting ``(5)(C) and (6)''; and
                    (B) in paragraphs (1)(B)(ii) and (3)(A)(i), by 
                striking ``(6)(A)'' and inserting ``(5)(A)''; and
            (2) in subsections (b)(3)(B)(ii) and (c)(3) of section 
        1859, by striking ``1853(c)(6)'' and inserting ``1853(c)(5)''.
    (c) Submission to Congress.--Not later than 20 days after the date 
of enactment of this Act, the Secretary of Health and Human Services 
shall submit to Congress a legislative proposal that provides for 
aggregate decreases in Federal expenditures under the medicare program 
under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) 
as are equal to the aggregate increases in such expenditures under such 
program resulting from the amendments to the Social Security Act made 
by subsections (a) and (b).
    (d) Effective Date.--The amendments made by this section shall 
apply to payments made for periods beginning on or after January 1, 
2000.
                                 <all>
```
---

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
  PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, David Kalenuik, Chief Executive Officer of
Lake Victoria Mining Company, Inc. (the Company) hereby certifies pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

| | (1) | the Quarterly Report on Form 10-Q of the Company for the
      period ended December 31, 2010 (the Report) fully complies with the
      requirements of Section 13(a) or Section 15(d), as applicable, of the
      Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                                                                                                                                        
| | (2) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                       



|Dated: February 14, 2011 | By: | /s/ David Kalenuik           
|------------------------ | --- | -----------------------------
|                         |     | David Kalenuik               
|                         |     | Chief Executive Officer      
|                         |     | (Principal Executive Officer)



A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Lake Victoria
Mining Company, Inc. and will be retained by Lake Victoria Mining Company, Inc.
and furnished to the Securities and Exchange Commission or its staff upon
request.

---
[Letterhead of Kronick Kalada Berdy & Co.]


                  CONSENT OF REPORT OF INDEPENDENT REGISTERED
                             PUBLIC ACCOUNTING FIRM



As  independent  registered  public  accounting  firm, we hereby  consent to the
incorporation  by  reference  in  Registration  Statement  File No. 333-80441 of
Farnsworth  Bancorp,  Inc.  and  Subsidiaries  on Form S-8 of our  report  dated
December  18, 2006  incorporated  by  reference in the 10-KSB for the year ended
September 30, 2006.


/s/Kronick Kalada Berdy & Co.

Kronick Kalada Berdy & Co.
Kingston, Pennsylvania
December 29, 2006
**EXHIBIT 32.02**

** **

**Section 1350 Certification**

** **

**In connection with this quarterlyreport of ML Chesapeake FuturesAccess LLC (the “Company”) on Form 10-Q forthe period ended June 30, 2008 as filed with the Securities ExchangeCommission on the date hereof (this “Report”), I, Barbra E. Kocsis, ChiefFinancial Officer of Merrill Lynch Alternative Investments LLC, the manager ofthe Company certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant of the Sarbanes-Oxley Act of 2002, that:**

** **

1. This Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2. The information contained in this Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| Date: August 13, 2008                   |                 |
|----------------------------------------------|----------------------|
|                                         |
|                                         |
| By                                           | /s/ BARBRA E. KOCSIS |   |
| Barbra  E. Kocsis                            |
| Chief Financial  Officer                     |
| (Principal Financial and Accounting Officer) |
|                                              |                      |  |  |

 

----
**Exhibit 12.2**
**Section 302 Officer Certification**
I, Cynthia Pelini, certify that:
1. I have reviewed this annual report on Form 20-F of Satélites Mexicanos, S.A. de C.V.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The company’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the company and have:
 (a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the company, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) Evaluated the effectiveness of the company’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the company’s internal control over financialreporting that occurred during the company’s most recent fiscal year that has materiallyaffected, or is reasonably likely to materially affect, the company’s internal control overfinancial reporting; and
5. The company’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the company’s auditors and theaudit committee of company’s board of directors (or persons performing the equivalentfunction):
 (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe company’s ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the company’s internal control over financial reporting.
Date: June 30, 2005     /S/ CYNTHIA PELINI
NORTH DAKOTA 

DEPARTMENT of HEALTH 

December 10,2013 

Ms. Gail Fallon (AP-AR) 

U.S. EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Re: NDAC 33-15-20 Applicability 

Dear Ms. Fallon: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

This letter is in response to your request of November 15, 2013 regarding the applicability of Chapter 33-

15-20 of the North Dakota Air Pollution Control Rules. We recognize that Subsection 33-15-20-01.1 

indicates the applicability of the Chapter is for oil and gas production facilities that emit sulfur or sulfur 

compounds. However, we intend to revise this subsection in the next rulemaking to clarity that the 

provisions of the Chapter apply to all such facilities. Currently, some requirements of Chapter 33-15-20 

apply to all oil and gas production facilities, not just those that emit sulfur or sulfur compounds. The 

registration requirements of 33-15-20-02.1 apply to any oil or gas well that is completed or recompleted 

after July 1, 1987. For the last 26 years we have required all wells be registered whether they emit sulfur 

compounds or not. Section 33-15-20-03 references the Prevention of Significant Deterioration 

applicability requirements for any oil and gas production facility that has the potential-to-emit 250 tons 

per year or more of any air contaminant that is regulated. Subsection 33-15-20-04.3 references Chapter 

33-15-07 for control of organic compound emissions. In addition to those requirements, there are 

references to malfunction requirements under Chapter 3 3-15-0 1-13 and others which apply to all oil 

wells. 

The Department has developed a guidance document for the control of emissions (not just sulfur 

emissions) from all oil and gas production facilities. The document titled "Bakken Pool Oil and Gas 

Production Facilities Air Pollution Control Permitting and Compliance Guidance" was effective May 2, 

2011. The guidance document provides clarification of permitting and air pollution control requirements 

for equipment at an oil and gas production facility. It references requirements for estimating and 

controlling Bakken well emissions and has been used in enforcement actions. 

If you have any questions, please feel free to contact Tom Bachman of my staff at (701)328-5188. 

Sincerely, ~ 

~ C)' .--~ 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Environmental Health 

Section Chief's Office 

701.328.5150 

Division of 

Air Quality 

701.328.5188 

Division of 

Municipal Facilities 

701.328.5211 

Printed on recycled paper. 

Division of 

Waste Management 

701.328.5166 

Division of 

Water Quality 

701.328.5210