alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,366

EX PARTE MANDIS BARROW, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W-37-056 D IN THE 320 JUDICIAL DISTRICT COURT TH

FROM POTTER COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to aggravated

robbery and was placed on deferred adjudication community supervision for ten years. On May 10,

2000, the trial court adjudicated him guilty and sentenced him to twenty years’ imprisonment. The

Seventh Court of Appeals affirmed the sentence. Barrow v. State, No. 07-00-00280-CR, 2001 Tex.

App. LEXIS 3697 (Tex. App.–Amarillo, June 4, 2001, no pet.) (not designated for publication).

Applicant contends, inter alia, that newly-discovered evidence about Agent Tom Coleman’s
2

reliability and “pattern of perjury” shows that Applicant’s due process rights were violated at the

adjudication hearing. He also alleges that the State did not provide the defense with material

impeachment evidence regarding Coleman’s reputation for dishonesty and his legal problems and

various employment problems with both the Panhandle Regional Narcotics Trafficking Task Force

and other police agencies. 

This Court received the original 11.07 application on September 30, 2002 and denied relief

without a written order on July 16, 2003. We withdrew that decision, reconsidered the case on our

own motion, and remanded it to the trial court for findings of fact and conclusions of law on

December 19, 2009. 

On remand, the Potter County district court determined that, while the trial prosecutor had

no knowledge about witness Tom Coleman’s “questionable” credibility, other State agents were

aware of the information, which was not provided to applicant or counsel. The trial court also

adopted the global findings of fact from the Swisher County post-conviction litigation in other “Tulia

Cases” in the 242 District Court. Some of those findings applied specifically to applicant’s nd

adjudication of guilt. The trial court concluded that without the testimony of Tom Coleman, “the

Court would not have proceeded to adjudication and would have continued Applicant on community

supervision.” 

Applicant is entitled to relief. Brady v. Maryland, 373 U.S. 83 (1963). Relief is granted.

The judgment adjudicating guilt in Cause No. W-37-056 D in the 320 Judicial District Court of th

Potter County is set aside, and Applicant is remanded to the custody of the Sheriff of Potter County

to answer the allegations that he violated the terms of his deferred adjudication community

supervision.
3

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: June 30, 2010

Do Not Publish
#### Ohio Casualty Insurance Company, Respondent, v. Nauth and another, Appellants.

*November 5*

December *2, 1958.*

*519For the appellants there was a brief by *Dougherty, Ryan & Campbell,*and oral argument by *James E. Brennan,*all of Janesville.

For the respondent there was a brief by *Reges & Johnson*of Monroe, and oral argument by *Herbert T. Johnson.*

*520Currie, J.

In *Wm. H. Heinemann Creameries v. Milwaukee Automobile Ins. Co.*(1955), 270 Wis. 443, 452a, 71 N. W. (2d) 395, 72 N. W. (2d) 102, this court held:

> “. . . where A and B are parties to an accident, and B makes a compromise settlement of A’s claim for his damages arising from such accident, B is estopped from later asserting a claim for his own damages arising from such accident against A, unless the right to later assert such claim was expressly reserved by B at the time of concluding the compromise settlement.”

The rationale of such holding was that the parties, in entering into such a settlement, will be presumed to have intended a complete accord and satisfaction of their respective claims against each other arising out of the accident. Such presumption is grounded upon public policy in order to avoid needless litigation.

The defendants in this appeal seek to have the rule of the *Heinemann Creameries Case*extended to apply to a claim for contribution grounded upon the settlement of the claims of third parties arising out of the accident. However, the right of contribution is founded upon principles of equity and natural justice. *Wait v. Pierce*(1926), 191 Wis. 202, 225, 209 N. W. 475, 210 N. W. 822.

At the time the plaintiff Insurance Company made settlement of the defendant Gordon T. Nauth’s claim, the plaintiff possessed no cause of action for contribution. The cause of action for contribution did not accrue until approximately six months later when the plaintiff settled the claims of Nauth’s mother and father. To extend the rule of- the *Heinemann Creameries Case*so as to include a claim for contribution under these facts would work a denial ■ of' the principles of equity and natural justice. This is because if such rule of the *Heinemann Creameries Case*were to be invoked to bar the instant claim for contribution, then the whim of the injured third party in'selecting which joint tort-feasor, or his insurer, *521against whom to assert such third party’s claim for damages, would determine where the burden of payment of such claim would ultimately fall.

It is our considered judgment that the rule of the *Heine-mann Creameries Case*should not be construed to bar a claim of contribution which arises after the settlement of one of the two joint tort-feasor’s claim for damages by the other tort-feasor, or his insurance carrier.

*By the Court.*— Order affirmed.

Brown, J., took no part.
Exhibit 31.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF
2002

I, Timothy S. Nelson, certify that:

1. I have
reviewed this quarterly report on Form 10-Q of MAP Pharmaceuticals, Inc.;

2. Based on my knowledge, 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 respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4. The registrants other
certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to the registrant, including any consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an
annual report) 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 and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants
board of directors (or persons performing the equivalent functions):

a) all significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control
over financial reporting.



|                                               
|-----------------------------------------------
|Date: May 14, 2008                             
|                                               
|/s/ Timothy S. Nelson                          
|Timothy S. Nelson                              
|President, Chief Executive Officer and Director
Exhibit 35.1



|     |  |                                                                                                               |  | 
|---- |  | ------------------------------------------------------------------------------------------------------------- |  | 
|LOGO |  | Commercial Mortgage Servicing D1086-120,
12th Floor 550 South Tryon Street Charlotte, NC 28202
1-800-326-1334 |  | 

ANNUAL STATEMENT OF COMPLIANCE

Reference is hereby made to that certain Pooling and Servicing Agreement dated as of September 1, 2012, by and among Citigroup Commercial
Mortgages Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Midland Loan Services, a division of PNC Bank, National Association, as Special Servicer, Situs Holdings, LLC, as Operating Advisor, Citibank, N.A., as
Certificate Administrator and U.S. Bank National Association, as Trustee, with respect to Commercial Mortgage Pass-Through Certificates Series 2012-GC8 (the Agreement). Capitalized terms used herein not otherwise defined shall have the
meanings assigned in the Agreement.

Pursuant to Section 10.08 of this Agreement, I, Daniel Bober, Executive Vice President of
Commercial Mortgage Services do hereby certify that:



| | 1. | A review of the activities of the Servicer during the period from January 1, 2013 through December 31, 2013, and of its performance per the Agreement during such period has been made under my supervision, and
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review, the Servicer, has fulfilled all of its obligations under this Agreement in all material respects throughout the period January 1, 2013 through December 31,
2013.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 13th day of March 2014.



|                                         
|-----------------------------------------
|/s/ Daniel Bober                         
|Daniel Bober                             
|Executive Vice President Wells Fargo
Bank



|                       |  |     
|---------------------- |  | ----
|Wells Fargo Bank, N.A. |  | LOGO
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Investigator Initiated Program Project Applications (P01 Clinical Trial Not Allowed).                    

*Date:*                         November 14, 2024.                    

*Time:*                         9:00 a.m. to 12:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Address:*                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892.                    

*Meeting Format:*                         Video Assisted Meeting.                    

*Contact Person:*                         James T. Snyder, Ph.D., Scientific Review Officer, Scientific Review Program, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, MSC 9823, Rockville, MD 20892, (240) 669-5060,                         *james.snyder@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: October 11, 2024. 

Lauren A. Fleck, 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-24057 Filed 10-17-24; 8:45 am]

BILLING CODE 4140-01-P
#### State, Plaintiff in error, vs. Shilts, Defendant in error.

*June 6*

July *3, 1953.*

For the plaintiff in error there were briefs by the *Attorney General,*and *Stewart G. Honeck,*deputy attorney general, and *William A.. Plats,*assistant attorney general, and oral argument by *Mr. Honeck*and *Mr. Plats.*

Brown, J.

The case is ruled by *State v. Stang Tank Line, supra.*Remission of all or part of a statutory penalty is beyond the trial court’s discretion where no such power has been given it by the legislature. It is immaterial whether the court “remits” or “suspends” the penalty; the sentence is not authorized by law and is void.

*By the Court.*— Judgment reversed, and cause remanded with instructions to the trial court to enter judgment in favor of plaintiff and against defendant for the penalty provided by sec. 85.91 (2b) (b), Stats., conformably to this opinion and for further proceedings according to law.
NUMBER 13

- 19

- 00 310

- CV


### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

____________________________________________________________ GORDON DEAN HALEY , A ppellant ,

v.

NAVY ARMY FEDERAL CR EDIT UNION , A ppellee

.

____________________________________________________________

On a ppeal from the 148 th District Court of Nueces County, Texas.

____________________________________________________________ 

### ORDER

Before Chief Justice Contreras and Justices Hinojosa and Tijerina Order Per Curiam

On September 13, 2019 , appellant, Gordon Dean Haley , filed a n amended notice
of bankruptcy in this appeal. According to the notice, appellant filed a bankruptcy petition

on Augus t 6, 2019 , in the United States Bankruptcy Court for the Southern District of

Texas.2

Upon the filing of a bankruptcy petition, an automatic stay becomes effective which
prohibits the commencement or continuation of any judicial action or proceeding against
the debtor and any property within the debtor's bankruptcy estate. See 11 U.S.C.A. §
362(a). Pursuant to Rule 8.2 of the Texas Rules of Appellate Procedure, the appeal is
suspended. See T EX

. R. A PP

. P. 8.2.
Accordingly, this appeal is ABATED until further order of this Court. Any
documents filed subsequent to the bankruptcy petition will remain pending until the appeal
is reinstated. The parties are directed to take such action as is appropriate to advise the
Court of any change in the status of the bankruptcy proceeding which would affect the
status of this appeal, including but no t limited to, the filing of a motion to reinstate pursuant
to Texas Rule of Appellate Procedure 8.3. See id. 8.3.

PER CURIAM

D elivered and filed th e 20th day of S e ptember , 20 19

.
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43091

STATE OF IDAHO

,

Plaintiff

- Respondent

,

v.

GABINO VILLA

,

Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) 2015 Unpublished Opinion No. 722

Filed: November 19, 2015

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Juneal C. Kerrick , District Judge.

Judgment of conviction and unified sentence of twenty years with five years determinate for felony DUI, with enhancement, affirmed

.

Sara B. Thomas, State Appellate Public Defender; Jenny C. Swinford , Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney Gener al; Lori A. Fleming , Deputy Attorney General, Boise, for respondent.

________________________________________________

Before MELANSON, Chief Judge; GUTIERREZ, Judge;

and GRATTON, Judge

________________________________________________

PER CURIAM

Gabino Villa pled guilty to felony driving under the influence of alcohol with a persistent

violator enhancement . Idaho Code §§ 18

- 8004, 18

- 8005, 19

- 2514 . The district court sentenced

Villa to a unified term of twenty years with five years determinate

. Villa appeals asserting that

the district court abused its discretion by imposing an excessive sentence.

Sentencing is a ma tter for the trial court’s discretion. Both our standard of review and the

factors to be considered in evaluating the reasonableness of the sentence are well established and

need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117

- 18, 822 P.2d 1011, 1014

-
15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App.2

1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record

in this case, we cannot say that the district court abused its discretion.

Therefore, Vi lla ’s judgment of conviction and sentence are affirmed.
[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80585-80586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22838]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4798-DR; Docket ID FEMA-2024-0001]


Texas; Amendment No. 6 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Texas (FEMA-4798-DR), dated July 9, 2024, and related 
determinations.

DATES: This amendment was issued September 16, 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: The notice of a major disaster declaration 
for the State of Texas is hereby amended to include the following area 
among those

[[Page 80586]]

areas determined to have been adversely affected by the event declared 
a major disaster by the President in his declaration of July 9, 2024.

    Chambers County for permanent work [Categories C-G] (already 
designated for Individual Assistance and assistance for debris 
removal and emergency protective measures [Categories A and B], 
including direct Federal assistance, under the Public Assistance 
program).

    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. 2024-22838 Filed 10-2-24; 8:45 am]
BILLING CODE 9111-23-P
# L_2013113DE.01002401.xml

| 25.4.2013 | DE | Amtsblatt der Europäischen Union | L 113/24 |
| --- | --- | --- | --- |

25.4.2013

DE

Amtsblatt der Europäischen Union

L 113/24

---

Berichtigung der Richtlinie 2012/27/EU des Europäischen Parlaments und des Rates vom 25. Oktober 2012 zur Energieeffizienz, zur Änderung der Richtlinien 2009/125/EG und 2010/30/EU und zur Aufhebung der Richtlinien 2004/8/EG und 2006/32/EG

(
  Amtsblatt der Europäischen Union L 315 vom 14. November 2012
  )

Amtsblatt der Europäischen Union L 315 vom 14. November 2012

Seite 22, Artikel 15 Absatz 5 Unterabsatz 2:

anstatt:

„... und sie sorgen unter allen Umständen dafür, dass der vorrangige Zugang oder die vorrangige Inanspruchnahme nicht behindert wird.“

muss es heißen:

„... und sie sorgen unter allen Umständen dafür, dass der vorrangige Zugang oder die vorrangige Inanspruchnahme für Energie aus variablen erneuerbaren Energiequellen nicht behindert wird.“

---