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

OF TEXAS

NO. WR-69,810-07

EX PARTE JAMES BELL MCCOY, SR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W02-02115V(C) IN THE 292 DISTRICT COURT ND

FROM DALLAS COUNTY

Per curiam.

O R D E R

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 a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual

assault of a child and sentenced to thirty-five years’ imprisonment. 

After a review of the record, we find that Applicant’s complaint regarding the denial of work

time credit is without merit. See Ex parte Palomo, 759 S.W.2d 671, 674 (Tex. Crim. App. 1988).

Therefore, we deny relief.

Applicant’s claims regarding ineffective assistance of counsel and the validity of the

indictment are dismissed as subsequent. TEX. CODE CRIM. PRO. Art. 11.07 §4(a)-(c).
2

Filed:January 13, 2016

Do not publish
file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]

INITIAL REVIEW ENGINEERING REPORT 

PMN: 11-0487

Focus Ready Draft 7/28/2011

ENGINEER: Avcin \ AG

PV (kg/yr): 

 
file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]

SAT (concerns) (07/19/2011):

Migration to groundwater: PMN: slow // Deg Pdt: rapid

PBT rating: P3B3T2 PMN: Health: 1-2; Eco: 1 // Pdt:

Health: 2; Eco: 3 // 

 // PMN: P3B1T1 // Deg Pdt: P3B3T2

Health: 2 Dermal, Drinking Water, Inhalation

Eco: 3 Water (All releases to water with a CC = 1000 ppb)

OCCUPATIONAL EXPOSURE RATING: 2-3D

NOTES & KEY ASSUMPTIONS:

Generated by the 06/07/2005 version of ChemSTEER.
file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]

POLLUTION PREVENTION CONSIDERATIONS:

P

EXPOSURE-BASED REVIEW: No

INITIAL REVIEW ENGINEERING REPORT 

PMN: 11-0487
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file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]

 

INITIAL REVIEW ENGINEERING REPORT 

PMN: 11-0487
file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]
file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]

INITIAL REVIEW ENGINEERING REPORT 

PMN: 11-0487
file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]
file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]

range

 

 

 

 

 

 

 
file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]
**EXHIBIT
      32.1**


**CERTIFICATION
      PURSUANT TO**


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


**AS
      ADOPTED PURSUANT TO**


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








Ryan
      Goldstein, the President, Treasurer, and Director of Lightview, Inc. (the
“Company”), certifies, under the standards set forth and solely for the purposes
      of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act
      of 2002, that, to his knowledge, the Quarterly Report on Form 10-QSB of the
      Company for the fiscal quarter ended June 30, 2007, fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and information contained in that Form 10-QSB fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





(1) The
      Report
      fully complies with the requirements of Section 13(a) or 15(d) 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 Registrant.




Date:August
                14, 2007Signature:
              /s/ Ryan
                GoldsteinName: Ryan
                GoldsteinTitle:  
                  President, Treasurer, and Director(Principal
                  Executive, Financial,and
                  Accounting Officer)







A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.
---

---

EXHIBIT 8.1

PRINCIPAL SUBSIDIARIES
OF RETALIX LTD.

|Subsidiary                                    | Country of
Residence | Business Name           
|--------------------------------------------- | -------------------- | ------------------------
|Retalix Holdings Inc.                         | United States        | Retalix USA Holdings    
|Retalix USA Inc.                              | United States        | Retalix USA             
|Retail Control Systems Inc.                   | United States        | Retalix USA, Pittsburgh 
|BASS Inc.                                     | United States        | Retalix USA, Dayton     
|StoreNext Retail Technology LLC               | United States        | StoreNext USA           
|OMI International Inc.                        | United States        | OMI                     
|Retalix SCM Inc.                              | United States        | SCM                     
|Retalix TCI, LLC                              | United States        | TCI                     
|Palm Point Ltd.                               | Israel               | Palm Point              
|Tamar Industries M. R. Electronic (1985) Ltd. | Israel               | Tamar                   
|StoreAlliance.com, Ltd.                       | Israel               | StoreAlliance           
|StoreNext Ltd.                                | Israel               | StoreNext Israel        
|TradaNet Electronic Commerce Services Ltd.    | Israel               | Tradanet                
|IREX - Israel Retail Exchange Ltd.            | Israel               | IREX                    
|DemanDX Ltd.                                  | Israel               | DemanDX                 
|Cell-Time Ltd.                                | Israel               | Cell-Time               
|Retail College StoreNext Ltd.                 | Israel               | Retail College StoreNext
|P.O.S. (Restaurant Solutions) Ltd.            | Israel               | PRS                     
|Kohav Orion Advertising and Information Ltd.  | Israel               | Orion                   
|Retalix (UK) Limited                          | United Kingdom       | Retalix (UK)            
|Retalix Italia S.p.A                          | Italy                | Retalix Italia          
|M.P.S. Millennium Pos Solution S.r.l          | Italy                | M.P.S.                  
|Retalix France SARL                           | France               | Retalix France          
|Retalix Australia PTY Ltd.                    | Australia            | Retalix Australia       
|Retalix SA PTY Ltd.                           | South Africa         | Retalix SA              



---

---
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

DOUGLAS DYNAMICS, LLC,

Plaintiff-Cross-Appellant

v.

BUYERS PRODUCTS COMPANY,

Defendant-Appellant

______________________ 

2015-1263, 2015-1269

______________________ 

Appeals from the United States District Court for the 

Western District of Wisconsin in No. 3:09-cv-00261-wmc, 

Judge William M. Conley.

______________________ 

JUDGMENT

______________________ 

AARON T. OLEJNICZAK, Andrus, Sceales, Starke & 

Sawall, Milwaukee, WI, argued for plaintiff-crossappellant. Also represented by CHRISTOPHER REAGAN 

LIRO, EDWARD R. WILLIAMS, JR. 

THOMAS HARRY SHUNK, Baker & Hostetler LLP, 

Cleveland, OH, argued for defendant-appellant. Also 

represented by CHRISTINA J. MOSER. 

______________________ 
 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 

 PER CURIAM (NEWMAN, CHEN, and STOLL, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

January 19, 2016 /s/ Daniel E. O’Toole

 Date Daniel E. O’Toole 

 Clerk of Court
[ex9910002.gif]

EXHIBIT 10

FREEGOLD VENTURES LIMITED

NOTICE OF ANNUAL GENERAL AND SPECIAL MEETING OF SHAREHOLDERS



NOTICE IS HEREBY GIVENthat an annual general and special meeting (the Meeting) of shareholders of Freegold Ventures Limited (the Corporation) will be held at Suite 1750, 700 West Georgia Street, Vancouver, British Columbia, V7Y 1B6 on Monday, April 28, 2008, at 10:00 a.m. (Vancouver time) for the following purposes:

1.

to receive the audited financial statements of the Corporation for the financial year ended December 31, 2007 and the auditors report thereon;

2.

to elect directors;

3.

to appoint auditors and to authorize the directors to fix the auditors remuneration;

4.

to consider and, if thought advisable, to re-approve the Corporations 2005 Stock Option Plan, as amended; and

5.

to transact such other business as may properly come before the Meeting or any adjournment thereof.

It is important that your shares be represented at this Meeting to ensure a quorum. If you cannot be present to vote in person, please ensure that your proxy or, if a corporation, your representative, is appointed and present to vote on your behalf at the Meeting. Instructions regarding the appointment of a proxy or representative are contained in the accompanying Information Circular.

DATED at Vancouver, British Columbia this 28th day of February, 2008.

BY ORDER OF THE BOARD OF DIRECTORS

Morris Medd

Morris Medd

Chairman
EXHIBIT 32.1 EXHIBIT 99 Certification Pursuant to Title 18, United States Code, Section 1350, as Adopted Pursuant to Section 906 of The Sarbanes-Oxley Act Of 2002  In connection with the Quarterly Report of Meltdown Massage and Body Works, Inc. ("Meltdown") on Form 10-QSB for the quarter ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Melissa Schessler, President and Chief Executive Officer of Meltdown, and I, Melissa Schessler, Principal Financial Officer of Meltdown, certify, pursuant to Title 18, United States Code, Section 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 Meltdown. Date: December 18, 2007  /s/ Melissa Schessler Melissa Schessler President and Chief Executive Officer Date: December 18, 2007  /s/ Melissa Schessler Melissa Schessler Principal Financial Officer   1
ex10a.htm
















Exhibit (10)(a)

















Consent of Ernst & Young LLP, Independent Registered Public Accounting Firm












We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in Post-Effective Amendment No. 28 to the 1933 Act Registration Statement (Form N-4 No. 333-135219) pertaining to Lincoln National Variable Annuity Account H, which is incorporated by reference into Post-Effective Amendment No. 29 to the 1933 Act Registration Statement (Form N-4 No. 333-135219) and Amendment No. 372 to the 1940 Act Registration Statement (Form N-4 No. 811-05721), and to the use therein of our reports dated (a) April 1, 2014, with respect to the consolidated financial statements of The Lincoln National Life Insurance Company and (b) April 1, 2014, with respect to the financial statements of Lincoln National Variable Annuity Account H for the registration of interests in a separate account under individual flexible payment deferred variable annuity contracts.







/s/ Ernst & Young LLP
















Philadelphia, Pennsylvania


August 22, 2014
Exhibit 32.2

MF Global Ltd.

Certification of the Chief Financial Officer

As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of MF Global Ltd. (together with its subsidiaries, the Company) on Form 10-Q for the period ended December 31, 2007 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Ira Polk, Interim Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, 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 13, 2008/s/ Ira PolkIra PolkInterim Chief Financial Officer


A signed original of this written statement required by Section 906 has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40162 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ISIDORO LOPEZ-GOMEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 3:00-CR-7-ALL

-------------------- December 12, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM: * Isidoro Lopez-Gomez appeals his sentence of 71 months’ imprisonment following his plea of guilty to a charge of being found in the United States after deportation, a violation of 8 U.S.C. § 1326. He contends that the felony conviction that resulted in his increased sentence under 8 U.S.C. § 1326(b)(2) was an element of the offense that should have been charged in the indictment. Lopez-Gomez acknowledges that his argument is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. UnitedNo. 01-40162 -2- States , 523 U.S. 224 (1998), but he seeks to preserve the issue for Supreme Court review in light of the decision in Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). Apprendi did not overrule Almendarez-Torres . See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied , 121 S. Ct. 1214 (2001). LopezGomez’s argument is foreclosed. The judgment of the district court is AFFIRMED.
#### Stephens, Respondent, vs. Cutsforth (Roy) and another, Appellants. Cutsforth (Bertram), Appellant, vs. Stephens and others, Respondents.

[Case No. 123.]

[Case No. 124.]

*December 2*

December *30, 1949.*

*260For the appellants there was a brief by *Rogers & Owens*of Portage, and oral argument by *Bruce J. Rogers*and *Harlan B. Rogers.*

For the respondent in Case No. 123 there was a brief by *Walker & Latton*of Portage, and oral argument by *Dorothy Walker*and *Howard Latton.*

For the respondents in Case No. 124 there was a brief by *Langer & Cross*of Baraboo, and oral argument by *Harold M. Langer.*

Broadfoot, J.

These cases present two questions: (1) Was there a definite agreement among all of the truck drivers employed to haul gravel for Jaeger Brothers, Inc., over County Trunk Flighway I on May 17, 1948, that would supplant the statutory rules of the road and excuse Stephens for driving on his left side of the highway just prior to the collision ? (2) If there was such an agreement, could it be operative and effective upon a public highway open for public travel if contrary to the applicable statutory rules of the road ?

Both questions are answered in the negative. The testimony in the record does not establish that there was a definite, workable, and understandable agreement. The respondents rely upon two decisions of this court. The first case, *Steubing v. L. G. Arnold, Inc.,*210 Wis. 513, 246 N. W. 554, involved a collision between an empty dump truck and one loaded with gravel on a road under construction that was closed to public travel. In that case there was no agreement among the truck drivers but all of the drivers were instructed by the contractor that loaded trucks were to have the right of way. The second case, *Eich v. Brennan,*223 Wis. 174, 270 N. W. 47, involved a collision between an empty truck and *261one loaded with logs upon a logging road constructed on the reservation of the Menomonie Indians for use by truck drivers hauling logs. In that case there was no evidence that the road was used for purposes other than logging. Evidence of an agreement between all of the truck operators that the unloaded trucks were to give way to the loaded trucks was excluded. This court remanded the record for a new trial and held that such evidence should be admitted. There is no indication in either of said decisions that an agreement between all of the truck operators or instructions of the contractor could supplant the statutory rules of the road upon a public highway entirely open for public travel.

Evidence of the custom or agreement was received over the objection of the appellants and the jury was instructed that the custom or agreement, if properly established, would supplant the statutes governing travel upon a public highway. This was not a proper instruction.

*By the Court.*— Judgments reversed and causes remanded with directions to enter an order granting a new trial.
**Exhibit 3.1**

 

**CERTIFICATE OF FORMATION**

** **

**OF**

** **

**AMERICAN HONDA RECEIVABLES LLC**

 

This Certificate of Formationof American Honda Receivables LLC(the “**Company**”),dated as of March 16, 2011, is duly executed and filed to form a limited liability company in accordance with the Delaware LimitedLiability Company Act (6 Del. C. §18-201, et seq.).

 

1.          Name.The name of the limited liability company is American Honda Receivables LLC.

 

2.          RegisteredOffice.    The address of its registered office in the State of Delaware is c/o The Corporation Trust Company,1209 Orange Street, in the City of Wilmington, County of New Castle, 19801.

 

3.          RegisteredAgent.    The name and address of its registered agent for service of process in the State of Delaware is TheCorporation Trust Company, 1209 Orange Street, in the City of Wilmington, County of New Castle, 19801.

 

**IN WITNESS WHEREOF**,the undersigned has executed this Certificate of Formation of American Honda Receivables LLC as of the 16th day of March, 2011.

** **
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 Northern Minerals Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Damian
O'Hara, 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
13th day of August, 2008.


/s/ Damian O'Hara
---------------------------
Chief Executive Officer
Prepared by MERRILL CORPORATION




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EXHIBIT 10.11  


 
 

FULL RECOURSE PROMISSORY NOTE    
  



	$1,350,000.00

Palo Alto, California	 	September 10, 2001





    For
value received, the undersigned promises to pay PAYPAL, INC., a Delaware corporation (the "Company"), at its principal office the
principal sum of One Million Three Hundred Fifty Thousand Dollars and No Cents ($1,350,000.00) with interest from the date hereof at a rate of 5.12% per annum, compounded annually, on the unpaid
balance of such principal sum. Such principal and interest shall be due and payable on August 13, 2005. 


    If
the undersigned's employment or consulting relationship with the Company is terminated prior to payment in full of this Note, this Note shall be immediately due and payable. 



    Principal
and interest are payable in lawful money of the United States of America. Amounts due under this Note may be prepaid at any time without penalty. 


    THIS
NOTE IS A FULL RECOURSE PROMISSORY NOTE. Should suit be commenced to collect this Note or any portion thereof, such amount of attorneys' fees and other collection fees paid by
the Company as the court or arbitrator may deem reasonable shall be added to the principal amount herein. The makers and any endorsers severally waive presentment for payment, protest, notice of
protest and notice of non-payment of this Note. This Note shall be construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions of the State of
California or of any other state. 



	 	 	/s/ Peter Thiel
 Peter Thiel











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FULL RECOURSE PROMISSORY NOTE
#### Leibowitz, Appellant, vs. Leibowitz and another, Respondents.

*March 13*

April *14, 1944.*

*219For the appellant the cause was submitted on the brief of *Charles Swidler,*attorney, and *Harry Primakow*of counsel, both of Milwaukee.

For the respondents there was a brief by *Eugene J. Sullivan*and *Royal M. Galvin,*both of Milwaukee, and oral argument by *Mr. Galvin.*

Rosenberry, C. J.

From the record in this case it appears that this action was begun on May 24, 1943, by the service of a summons and complaint. Demurrer by each of the defendants was served on July 6, 1943. On August 19, 1943, an order was entered sustaining the demurrers with leave to the plaintiff to plead over within ten days. An amended complaint was served on August 18, 1943. The defendants each demurred to the amended complaint on two grounds: (1) That the complaint does not state facts sufficient to constitute a cause of action; and (2) that several causes of action have been improperly united.

On November 30, 1943, an order was entered overruling the demurrer of Leo Leibowitz with leave to answer. On the same, day an order was entered sustaining the demurrer of the defendant Philip Leibowitz upon the ground of insufficiency of the complaint. The plaintiff was given permission to plead over but subject to the condition that she tender a pleading sufficient to withstand demurrer. The plaintiff elected to stand upon the complaint and on December 3, 1943, judgment was entered against the plaintiff dismissing the plaintiff’s complaint as to Philip Leibowitz. Notice of entry of judgment was served on December 4, 1943.

The plaintiff appealed on December 7, 1943, “from that part of the order made and entered in this action by said court on the 30th day of November, 1943, a copy of which order is hereto annexed, which orders that the separate demurrer of *220the defendant, Philip Leibowitz, upon the ground of insufficiency of the amended complaint of the plaintiff, be sustained.

No appeal was taken from the judgment.

By sec. 274.34, Stats., upon an appeal from a judgment, the supreme court may review an intermediate order which involves the merits and necessarily affects the judgment. If the plaintiff had appealed from the judgment the order of November 30, 1943, could have been reviewed. However, a separate appeal from an interlocutory order does not lie after final judgment. *Drake v. Scheunemann*(1899), 103 Wis. 458, 79 N. W. 749. As early as 1875, it was held that under the provisions of what is now sec. 274.34, the right of appeal from interlocutory orders ceases upon final judgment. *Am. Button-Hole, O. & S. M. Co. v. Gurnee*(1875), 38 Wis. 533.

*By the Court.*— Appeal dismissed.