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

OF TEXAS

NO. WR-81,473-01

EX PARTE JOSEPH WAYNE GILLILAND, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1413241-A IN THE 182 DISTRICT COURT ND

FROM HARRIS 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 a writ of habeas corpus. Ex parte

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

marihuana and sentenced to six months’ imprisonment in a state jail facility. He did not appeal his

conviction. 

Applicant contends that post conviction testing of the substancesreveal that he possessed less

than four ounces of marihuana, and that there is insufficient evidence to support his conviction for

a felony. He also argues that the new test results prove he is actually innocent. The State and trial
2

court agree that there is “no evidence” to support the judgment, and Applicant that is entitled to

relief. 

We agree. Applicant is entitled to habeas relief, but he has not carried his burden to prove

he is actually innocent. The “actual innocence” term applies in Texas cases “only in circumstances

in which an accused did not, in fact, commit the charged offense or any of the lesser-included

offenses.” State v. Wilson, 324 S.W.3d 595, 598 (Tex. Crim. App. 2010). Here, Applicant has proven

he should not have been convicted of the greater offense of state jail felony possession of marihuana

to which he pleaded. But he has also proven that he is guilty of the lesser-included offense of

misdemeanor possession of marihuana. Though he is not “actually innocent,” Applicant is entitled

to relief. State v. Wilson, 324 S.W.3d 595 (Tex. Crim. App. 2010). 

Relief is granted. The judgment in Cause No. 141324101010 in the 182 District Court of nd

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

to answer the charges as set out in the indictment. The trial court shall issue any necessary bench

warrant within 10 days after the mandate of this Court issues.

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

Institutions Division and Pardons and Paroles Division.

Delivered: February 25, 2015

Do not publish
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

September 3, 2013

p0826 

# Order

Clerk September 3, 2013

147001

PEOPLE OF THE STATE OF MICHIGA N,

Plaintiff

- Appellee,

v SC: 147001

COA: 307190

Wayne CC: 11

- 004655

- FC

BOBBY MILLER,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 26, 2013

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
```

[Congressional Record Volume 154, Number 184 (Tuesday, December 9, 2008)]
[Senate]
[Page S10821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

    MEASURES PLACED ON THE CALENDAR--H.R. 7005, H.R. 7006, H.R. 7060

  Mr. REID. Mr. President, there are three bills at the desk due for a 
second reading; is that correct?
  The ACTING PRESIDENT pro tempore. The Senator is correct.
  Mr. REID. I ask unanimous consent for their second reading.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered. The clerk will report the bills by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 7005) to amend the Internal Revenue Code of 
     1986 to provide alternative minimum tax relief for 
     individuals for 2008.
       A bill (H.R. 7006) to amend the Internal Revenue Code of 
     1986 to provide disaster assistance relief.
       A bill (H.R. 7060) to amend the Internal Revenue Code of 
     1986 to provide incentives for energy production and 
     conservation, to extend certain expiring provisions, to 
     provide individual income tax relief, and for other purposes.

                          ____________________
```
Safe Winter Driving

Winter driving can be hazardous and scary, especially in northern regions that get

a lot of snow and ice. Additional preparations can help make a trip safer, or help

motorists deal with an emergency. This sheet provides safety information to your

residents to help prevent motor vehicle injuries due to winter storms.

The three P’s of Safe Winter Driving:

PREPARE for the trip; PROTECT yourself; and PREVENT crashes on the road.

PREPARE

Maintain Your Car: Check battery, tire tread, and windshield wipers, keep your

windows clear, put no-freeze fluid in the washer reservoir, and check your antifreeze.

Have On Hand: flashlight, jumper cables, abrasive material (sand, kitty litter, even

floor mats), shovel, snow brush and ice scraper, warning devices (like flares) and

blankets. For long trips, add food and water, medication and cell phone.

Stopped or Stalled? Stay in your car, don’t overexert, put bright markers on antenna

or windows and shine dome light, and, if you run your car, clear exhaust pipe and

run it just enough to stay warm.

Plan Your route: Allow plenty of time (check the weather and leave early if

necessary), be familiar with the maps/ directions, and let others know your route

and arrival time.

Practice Cold Weather Driving!

* During the daylight, rehearse maneuvers slowly on ice or snow in an empty lot.

* Steer into a skid.

* Know what your brakes will do: stomp on antilock brakes, pump on non-antilock

brakes.

* Stopping distances are longer on water-covered ice and ice.

* Don’t idle for a long time with the windows up or in an enclosed space.

PROTECTYOURSELF

* Buckle up and use child safety seats properly.

* Never place a rear-facing infant seat in front of an air bag.

* Children 12 and under are much safer in the back seat.

PREVENT CRASHES

* Drugs and alcohol never mix with driving.

* Slow down and increase distances between cars.

* Keep your eyes open for pedestrians walking in the road.

* Avoid fatigue – Get plenty of rest before the trip, stop at least every three hours,

and rotate drivers if possible.

* If you are planning to drink, designate a sober driver.

U.S. Department of Labor

www.osha.gov
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 417 Agreed to Senate (ATS)]

<DOC>

114th CONGRESS
  2d Session
S. RES. 417

            Celebrating the 144th anniversary of Arbor Day.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2016

   Mrs. Fischer (for herself and Mr. Sasse) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
            Celebrating the 144th anniversary of Arbor Day.

Whereas Arbor Day was founded in Nebraska City, Nebraska on April 10, 1872, to 
        recognize the importance of planting trees;
Whereas it is estimated that on the first Arbor Day, more than 1,000,000 trees 
        were planted in the State of Nebraska alone;
Whereas Arbor Day is observed in all 50 States and across the world;
Whereas participating in Arbor Day activities promotes civic participation and 
        highlights the importance of planting and caring for trees and 
        vegetation;
Whereas those activities provide an opportunity to convey to future generations 
        the value of land and stewardship;
Whereas National Arbor Day is observed on the last Friday of April each year; 
        and
Whereas April 29, 2016, marks the 144th anniversary of Arbor Day: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) recognizes April 29, 2016, as ``National Arbor Day'';
            (2) celebrates the 144th anniversary of Arbor Day;
            (3) supports the goals and ideals of National Arbor Day; 
        and
            (4) encourages the people of United States to participate 
        in National Arbor Day activities.
                                 <all>
```
**Exhibit3.1B**

 

**ARTICLESOF AMENDMENT TOAMENDED AND RESTATED ARTICLES OF INCORPORATIONAMERIVEST PROPERTIES INC.**

 

AmeriVestProperties Inc., a Maryland corporation (the “Corporation”), herebycertifies to the State Department of Assessments and Taxation of Maryland(“SDAT”) that:

 

1.               The Corporationdesires to and does amend its charter as currently in effect and as hereinafterprovided.

 

2.               Article ELEVENTH,Section 2 is hereby amended by deleting the following text from thebeginning of such section:

 

“The directors shall bedivided as evenly as possible into three classes, designated Class 1,Class 2, and Class 3. If the number of directors is not evenlydivisible by three, the remainder positions shall be allocated first toClass 1 and then to Class 2. At the first election of directors bystockholders following the enactment of this ARTICLE ELEVENTH,Section 2, Class 2 directors shall be elected for a term expiring atthe next subsequent annual meeting of stockholders, Class 3 directors fora term expiring at the second subsequent annual meeting of stockholders, andClass 1 directors for a term expiring at the third subsequent annualmeeting of stockholders. At each succeeding annual meeting of stockholders,successors to directors whose terms expired at that annual meeting shall be ofthe same class as the directors they succeed and shall be elected forthree-year terms”

 

3.               The foregoingamendment has been duly advised by the Corporation’s Board of Directors andapproved by the Corporation’s stockholders in accordance with the applicableprovisions of law.

 

4.               The undersignedPresident acknowledges these Articles of Amendment to be the corporate act ofthe Corporation and as to all matters or facts required to verified under oath,the undersigned President acknowledges that, to the best of his knowledge,information, and belief, these matters and facts are true in all materialrespects and that this statement is made under the penalties for perjury.

 

(signature pagefollows)

 

----

 

IN WITNESS WHEREOF, theCorporation has caused these Articles of Amendment to be signed in its name andon its behalf as of June 8, 2004, by its undersigned President andattested to by its Secretary.

 
|                             |   | AMERIVEST  PROPERTIES INC.    |
|----------------------------------|--------|------------------------------------|
|                             |   |                               |
|                             |   | /s/  Charles K. Knight             |   |
|                             |   | Name: Charles K. Knight  President |
|                             |   |                               |
|                             |   |                               |
| /s/  Kathryn L. Hale             |   |                               |   |
| Name: Kathryn L. Hale  Secretary |   |                               |
|                                  |        |                                    |  |  |

 

2

----
```

[Congressional Record Volume 154, Number 183 (Monday, December 8, 2008)]
[Senate]
[Page S10805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                        ENROLLED BILLS PRESENTED

  The Secretary of the Senate reported that on November 20, 2008, she 
had presented to the President of the United States the following 
enrolled bills:

       S. 602. An act to develop the next generation of parental 
     control technology.
       S. 1193. An act to direct the Secretary of the Interior to 
     take into trust 2 parcels of Federal land for the benefit of 
     certain Indian Pueblos in the State of New Mexico, and for 
     other purposes.

                          ____________________
```
United States of America 
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 
                                  1120 20th Street, N.W., Ninth Floor 
                                        Washington, DC 20036-3457 
 
 
SECRETARY OF LABOR, 
  
 
Complainant, 
  
 
v. 
 OSHRC Docket Nos. 13-1169 & 13-1170 
 
NORTH EASTERN PRECAST LLC; and 
MASONRY SERVICES, INC. dba MSI,  
  
 
Respondents. 
  
 

 
BRIEFING NOTICE 
The Commission requests that the parties brief whether the judge erred in his determination that Willful Citation 2, Items 1 and 2 were not duplicative.  The parties should also discuss the appropriateness of the penalty for these two citation items. 
All briefs are to be filed in accordance with Commission Rule 93.1  The first brief is to be filed within 40 days of this notice.  A party who does not intend to file a brief must notify the Commission in writing setting forth the reason therefor within the applicable time for filing briefs, and shall serve a copy on all other parties.  The time for filing briefs (or similar notices of intent) of opposing parties shall commence on the date of service. 
1 The Commission requests that all briefs include an alphabetical table of authorities with references to the pages on which they are cited, and that an asterisk be placed in the left-hand margin of the table to indicate those authorities on which the brief principally relies.  The Commission also requests that copies of cited authority, other than statutes, case law, law journal articles and legal treatises, be provided to the Commission and to the opposing party.  Parties should be cautioned that these materials will be considered only if appropriate. 
OSHRC Official Seal
 
      BY DIRECTION OF THE COMMISSION 
 
 
 
Dated: November 2, 2015   ________________________________ 
      John X. Cerveny 
      Executive Secretary 
DOCKET NOS. 13-1169 & 13-1170 
 
NOTICE IS GIVEN TO THE FOLLOWING: 
 
Charles F. James, Counsel for Appellate Litigation 
Heather R. Phillips, Counsel for Appellate Litigation 
Office of the Solicitor, U.S. DOL 
Room S4004 
200 Constitution Ave., NW 
Washington, D.C. 20210 
  
Jonathan W. Greenbaum, Esq. 
COBURN & GREENBAUM, PLLC 
1710 Rhode Island Avenue, NW 
Suite 200 
Washington, DC 20036
Pursuant to5 T H C IR . R. 47.5, the court has determin ed that thi s opinio n should not * be publishe d an d is not precede nt except under the limit ed circu mstance s set forthin5 T H C IR . R. 47.5 .4. 3 8 6U .S . 7 3 8( 1 9 6 7). 1 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 09- 40395 Su m m ar y Cal endar UN I TE D S TA TE S OF AM ERI CA, P l ai n t i f f
- A pp el l ee v. M AR CO S A NT ONI O HE RNA NDE Z
- P RA DO, D e fe nda nt - Appe l l ant

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f ort he Sout her n D i st r i c tof Texas U S D C N o . 1 :08 -C R -1 1 1 4 -1 B ef ore H IG G IN B O T H A M , C L E M E N T , an d S O U T H W IC K , C i rcui tJu dg es . P E R C U R I A M: * T h e F ederalP u bl i c D efen der ap poi n t ed to represent M arcos H erna n dezP ra d o h a s m ov ed for leav e to w i th d ra w an d h a s f i l ed a b ri ef i n acco rd a n ce w i th A n d er s v . Ca lif

o rn ia . H e r nand e z - Pr ad o ha s f i l e d ar e s po ns e . O uri nde pe nde nt 1 revi ew of t h e recor d, coun sel ’ s bri ef, an d H erna n dez-Prad o’ s r espon se di scl oses no nonf r ivol ous i ss ue f

or appeal . A c c or di ngl y, c ounse l ’ s m ot i on f or l ea ve to United States Court of App eals

Fifth Circuit 

### F I L E D Janua ry 20, 2010 Cha rl es R. F ulb ru g e II I Clerk Case: 09-40395 Document: 00511008608 Page: 1 Date Filed: 01/20/2010N o. 09- 40395

See 5 T H C IR . R. 42.2 . 2 2 w i t hdr aw i s G RA N TE D , c o uns e li s ex c us e d f r o m f ur t he rr e s po ns ibi l i t i e s he r e i n, a n d t h e A P P EA L I S DI S M I S S ED . 2 Case: 09-40395 Document: 00511008608 Page: 2 Date Filed: 01/20/2010
```

[Congressional Record Volume 154, Number 177 (Thursday, November 20, 2008)]
[Extensions of Remarks]
[Page E2323]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                     HONORING BRANDON JAMES O'BRIEN

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                      Thursday, November 20, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Brandon James 
O'Brien of Kansas City, Missouri. Brandon is a very special young man 
who has exemplified the finest qualities of citizenship and leadership 
by taking an active part in the Boy Scouts of America, Troop 1261, and 
earning the most prestigious award of Eagle Scout.
  Brandon has been very active with his troop, participating in many 
Scout activities. Over the many years Brandon has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Brandon 
James O'Brien for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________
```
If you have any questions, feel free to give me a call at (207) 493-5851.

~c, Sincerely,

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AROOSTOOK

COUNTY TOURISM

'Apd14,;t014

Kevin Schlemmer, Chief

Bssential Air-Service Division

Office-of Aviation Analysis

United States Department of Transportation

400 Seventh Street, S.W.,Room 64171

Washington, D.C. 20590

Subject: Comments on Pen Air Essential Ail' Service Bid

De~r Mr. Schlemmer:

Aroostook: County Tourism (ACT), a standing committee of the Northern Maine Development

Commission, is dedicated to improving the economy of north em Maine through its tourism

efforts. Working under the brand Aroostook "the Crown of Maine", ACT promotes some of the

regions greatest.assets like.itspristine beauty, diverse culture, storied history and wonderful

people. to potential visitors from around the world." To get those potential visitors, dependable,

convenient air service is needed, that is why ACT recommends adoption of the Pen Ail: EAS bid, Option

2.

.Option 2 addresses several concerns from business and personal travelers, who need earlymorning

departures and late day arrivals. Option I would make it nearly impossible for travelers to.reach the

Iargestajrports, with the exception ofLogan, on the-east coast in 011(;l day, adding expense to traveling to

and.from northern Maine and hampering tourism development in this region.

Option 2, is similar to the schedule used by Colgan Air dba US Airways Express for the majority of their

'll-year.tenure-atP'Ql before leaving the market in June of 20 12. According to PQI officials, the

recom mended schedule seeks to address. the-significant decline in boardings of 20 percent.

ACT encourages USDOT to incorporate th is revised schedule in their final agreement with Pen Ail'.

Jon Gulliver

Tourism Developer, ACT

I

I

II

,I

I

11 West Presque Isle Road • P,O. Box 779 • Caribou, Maine 04736

Toll-free: 888-116-2463 • email: il1quiries@visitaroostook.com
Exhibit 23.1

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (Registration No. 333-112446) pertaining to the 1997 Stock
Option Plan and the Post-Effective Amendment No. 1 to the Registration Statement
on Form S-8 (Registration No. 333-25795) pertaining to the 1996 Stock Option
Plan for Non-Employee Directors of RELM Wireless Corporation of our report dated
February 13, 2004 (except for Note 16, paragraph 3, as to which the date is
March 1, 2004 and Note 13, paragraph 3, as to which the date is March 12, 2004),
relating to the consolidated financial statements, which appear in the Annual
Report on Form 10-K for the year ended December 31, 2003.

/s/BDO Seidman, LLP
----------------------
Miami, Florida
March 16, 2004
# Official Journal L 346/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.346.eng |
| --- | --- |
| Official Journal
  of the European Union | L 346 |
| | |
| English edition | Legislation | Volume 5330 December 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.346.eng

Official Journal

of the European Union

L 346

English edition

Legislation

Volume 5330 December 2010

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) No 1232/2010 of the European Parliament and of the Council of 15 December 2010 concerning European Union financial contributions to the International Fund for Ireland (2007 to 2010) | 1 |
| | * | Regulation (EU) No 1233/2010 of the European Parliament and of the Council of 15 December 2010 amending Regulation (EC) No 663/2009 establishing a programme to aid economic recovery by granting Community financial assistance to projects in the field of energy | 5 |
| | * | Regulation (EU) No 1234/2010 of the European Parliament and of the Council of 15 December 2010 amending Council Regulation (EC) No 1234/2007 (Single CMO Regulation) as regards the aid granted in the framework of the German Alcohol Monopoly | 11 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) No 1232/2010 of the European Parliament and of the Council of 15 December 2010 concerning European Union financial contributions to the International Fund for Ireland (2007 to 2010)

1

*

Regulation (EU) No 1233/2010 of the European Parliament and of the Council of 15 December 2010 amending Regulation (EC) No 663/2009 establishing a programme to aid economic recovery by granting Community financial assistance to projects in the field of energy

5

*

Regulation (EU) No 1234/2010 of the European Parliament and of the Council of 15 December 2010 amending Council Regulation (EC) No 1234/2007 (Single CMO Regulation) as regards the aid granted in the framework of the German Alcohol Monopoly

11

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<PAGE>
EXHIBIT 32.2

CERTIFICATION 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 Annual Report of Alaska Airlines, Inc. (the "Company") on
Form 10-K/A for the period ended December 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Bradley D. Tilden,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 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, 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.

By /s/Bradley D. Tilden
   -----------------------
Bradley D. Tilden
Chief Financial Officer
May 20, 2004