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

OF TEXAS

NO. WR-85,973-01

EX PARTE JOHN DONL ASHLEY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 27103 IN THE 278 DISTRICT COURT TH

FROM WALKER 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 intoxication

manslaughter and sentenced to eighteen years’ imprisonment. 

Applicant contends that his counsel rendered ineffective assistance because counsel failed

to timely file a notice of appeal. 

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,

466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999); Ex parte

Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988). In these circumstances, additional facts are needed. 
2

As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is

the appropriate forum for findings of fact. The trial court shall order counsel to respond to

Applicant’s claim of ineffective assistance of counsel. The trial court may use any means set out in

TEX. CODE CRIM. PROC. art. 11.07, § 3(d).

It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing,

it shall determine if Applicant is represented by counsel, and if not, whether Applicant is indigent. 

If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an

attorney to represent Applicant at the hearing. TEX. CODE CRIM. PROC. art. 26.04.

The trial court shall make findings of fact and conclusions of law as to whether Applicant

was denied his right to a meaningful appeal because Applicant’s counsel failed to timely file a notice

of appeal. The trial court shall also make any other findings of fact and conclusions of law that it

deems relevant and appropriate to the disposition of Applicant’s claim for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time must

be requested by the trial court and shall be obtained from this Court.

Filed: December 7, 2016

Do not publish
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Page 17152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07309]


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

DEPARTMENT OF THE TREASURY

Office of the Secretary


List of Countries Requiring Cooperation With an International 
Boycott

    In accordance with section 999(a)(3) of the Internal Revenue Code 
of 1986, the Department of the Treasury is publishing a current list of 
countries which require or may require participation in, or cooperation 
with, an international boycott (within the meaning of section 999(b)(3) 
of the Internal Revenue Code of 1986).
    On the basis of the best information currently available to the 
Department of the Treasury, the following countries require or may 
require participation in, or cooperation with, an international boycott 
(within the meaning of section 999(b)(3) of the Internal Revenue Code 
of 1986).

Iraq
Kuwait
Lebanon
Libya
Qatar
Saudi Arabia
Syria
United Arab Emirates
Yemen

Danielle Rolfes,
International Tax Counsel (Tax Policy).
[FR Doc. 2015-07309 Filed 3-30-15; 8:45 am]
BILLING CODE 4810-25-P
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EXHIBIT 10.2

# CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM

We
consent to the incorporation by reference in the Registration Statements on Form S-8 (File
No. 333-116429), pertaining to On Track Innovations Ltd.s 2001 Share Option Plan,
2001 Employee Share Purchase Plan and 1995 Share Option Plan, Forms F-3 (File Nos.
333-111770, 333-115953 and 333-121316) of On Track Innovations Ltd. and its subsidiaries
of our report dated March 25, 2005 with respect to the consolidated balance sheets of On
Track Innovations Ltd. and its subsidiaries (the Company) as of December 31,
2004 and 2003 and the related consolidated statements of operations, shareholders
equity and comprehensive loss and cash flows for the year then ended included in the
Companys Annual Report on Form 20-F for the year ended December 31, 2004.

# Somekh Chaikin

# A member of KPMG
International

# Tel Aviv, May 1, 2005

81

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**Exhibit 23**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe consent to the incorporation by reference in the Registration Statements listed below ofour reports dated March XX, 2006, with respect to the consolidated financial statements andschedule of Midway Games Inc., Midway Games Inc. management’s assessment of the effectiveness ofinternal control over financial reporting, and the effectiveness of internal control over financialreporting of Midway Games Inc., included in this Annual Report (Form 10-K) for the year endedDecember 31, 2005.(1) Registration Statement No. 333-130130 on Form S-3,(2) Registration Statement No. 333-130131 on Form S-3,(3) Registration Statement No. 333-130132 on Form S-3,(4) Registration Statement No. 333-130133 on Form S-3,(5) Registration Statement No. 333-130134 on Form S-3,(6) Registration Statement No. 333-127796 on Form S-3,(7) Registration Statement No. 333-127795 on Form S-3,(8) Registration Statement No. 333-125830 on Form S-8,(9) Registration Statement No. 333-121523 on Form S-3,(10) Registration Statement No. 333-120952 on Form S-3,(11) Registration Statement No. 333-120347 on Form S-8,(12) Registration Statement No. 333-116334 on Form S-3,(13) Registration Statement No. 333-115098 on Form S-8,(14) Registration Statement No. 333-115055 on Form S-3,(15) Registration Statement No. 333-113077 on Form S-3,(16) Registration Statement No. 333-110147 on Form S-3,(17) Registration Statement No. 333-110146 on Form S-3,(18) Registration Statement No. 333-98745 on Form S-8,(19) Registration Statement No. 333-69768 on Form S-3,(20) Registration Statement No. 333-63642 on Form S-3,(21) Registration Statement No. 333-46618 on Form S-8,(22) Registration Statement No. 333-73451 on Form S-8,(23) Registration Statement No. 333-68373 on Form S-8,(24) Registration Statement No. 333-25757 on Form S-8, and(25) Registration Statement No. 333-57583 on Form S-8./s/ Ernst & Young LLPChicago, Illinois
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Page 17044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07294]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Savings and Loan 
Holding Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Home Owners' Loan Act (12 U.S.C. 1461 et 
seq.) (HOLA), Regulation LL (12 CFR part 238), and Regulation MM (12 
CFR part 239), and all other applicable statutes and regulations to 
become a savings and loan holding company and/or to acquire the assets 
or the ownership of, control of, or the power to vote shares of a 
savings association and nonbanking companies owned by the savings and 
loan holding company, including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the HOLA (12 U.S.C. 1467a(e)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless 
otherwise noted, nonbanking activities will be conducted throughout the 
United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than April 24, 2015.
    A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice 
President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566:
    1. First Mutual Holding Company, Lakewood, Ohio; to reorganize into 
a MHC structure, and thereby acquire First Federal Saving and Loan 
Association of Lakewood, Lakewood, Ohio, in connection with the 
thrift's conversion from mutual to stock form.

    Board of Governors of the Federal Reserve System, March 26, 
2015.
Michael J. Lewandowski,
Associate Secretary of the Board.
[FR Doc. 2015-07294 Filed 3-30-15; 8:45 am]
BILLING CODE 6210-01-P
|                                                 |         | State      or   |         |     |
|------------------------------------------------------|--------------|-----------------|--------------|----------|
|                                                 |         | Country      of |         |     |
| Subsidiary      Name                                 |         | Incorp.         |         | Status   |
|                                                 |         |            |         |     |
| NeoMedia      Migration, Inc.                        |         | Delaware        |         | Active   |
|                                                 |         |            |         |     |
| NeoMedia      Europe,  AG                  |         | Germany         |         | Active   |
|                                                 |         |            |         |     |
| NeoMedia      Micro Paint Repair, Inc.               |         | Nevada          |         | Inactive |
|                                                 |         |            |         |     |
| NeoMedia      Technologies de Mexico, S. A. de C. V. |         | Mexico          |         | Inactive |
|                                                 |         |            |         |     |
| NeoMedia      Migration de Mexico, S. A. de C. V.    |         | Mexico          |         | Inactive |
|                                                 |         |            |         |     |
| NeoMedia      Technologies de Guatemala, S. A.       |         | Guatemala       |         | Inactive |
|                                                 |         |            |         |     |
| "NeoMedia"      EDV - GmbH                           |         | Austria         |         | Inactive |
|                                                 |         |            |         |     |
| NeoMedia      Technologies UK Limited                |         | UK              |         | Inactive |
|                                                 |         |            |         |     |
| NeoMedia      Technologies Holding Company, B.V.     |         | Netherlands     |         | Inactive |
|                                                 |         |            |         |     |
| NeoMedia      Technologies of Canada, Inc.           |         | Canada          |         | Inactive |
|                                                 |         |            |         |     |
| NeoMedia      Technologies do Brasil Ltda            |         | Brazil          |         | Inactive |
|                                                 |         |            |         |     |
| NeoMedia      Tech, Inc.                             |    | Delaware        |    | Inactive |

----
Exhibit 4(g)



JEFFERSON
NATIONAL LIFE INSURANCE COMPANY


Home
Office: Dallas, Texas 75201


Administrative
Office: [10350 Ormsby Park Place, Louisville, Kentucky 40223]


Telephone:
[1-866-667-0561]


(hereinafter
called the Company)


ENDORSEMENT


The
Contract to which this Endorsement applies (hereinafter referred to as “Contract”) shall be modified in the following
particulars effective as of the effective date set forth below. In the case of a conflict with any provision in the Contract,
the terms of this Endorsement will control.


The Annuity
Date may not be later than the date on which the ANNUITANT reaches attained age 100 (the “Maximum Maturity Date”).


The Contract
will automatically be forced into a fixed annuitization for a guaranteed period of ten years if the Owner does not select an Annuity
Date on or before the Maximum Maturity Date. It is understood that upon the death of the Annuitant, any amounts remaining under
the guaranteed period will be distributed at least as rapidly as under the method of distribution being used as of the date of
the Annuitant's death.


 


Effective
Date: [xx/xx/xxxx]


 


Signed for Jefferson National
Life Insurance Company





 


	Signed	Signed
	 	 
	President	Secretary








    	1
**Southeastern Banking Corporation**

**Exhibit99.2**

****

**Certification Pursuant to 18 U.S.C. Section 1350, As Adopted****Pursuant toSection 906 of The Sarbanes-Oxley Act of 2002**

In connection with the Quarterly Report of Southeastern Banking Corporation on Form 10-Q for the period ended September 30, 2002 as filed with theSecurities and Exchange Commission on the date hereof (“the Report”), I, Alyson G. Beasley, Vice President 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; and                                 |
|-----------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------|
|       (2) | The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |

/s/ ALYSON G. BEASLEY**Alyson G. Beasley, Vice President*****November 14, 2002***
<PAGE>

                                        v

                                                                    EXHIBIT 23.1






The Board of Directors
Turbodyne Technologies, Inc.:


We consent to the incorporation by reference in the registration statements 
(Nos. 333-45865 and 333-47663) on Form S-8 of  Turbodyne Technologies, Inc. 
of our report dated April 3, 1998, except for the last paragraph of note 11 
and the last paragraph of note 12, which are as of April 30, 1998, with 
respect to the consolidated balance sheet of Turbodyne Technologies, Inc. and 
subsidiaries as of December 31, 1997 and the related consolidated statements 
of operations, stockholders' equity, and cash flows for the year ended 
December 31, 1997, which report appears in the Form 20-F of Turbodyne 
Technologies, Inc. dated July 14, 1998.

                                       KPMG Peat Marwick LLP

                                       /s/ KPMG Peat Marwick LLP

Los Angeles, California
July 14, 1998
#### KELLOGG *vs.*SMITH.

APPEAL EROM CIRCUIT COURT, OUTAGAMIE COUNTY.

Heard September 27, 1859.]

[Decided December 14, 1859.

*Appeal*— Practice—Order *and Decrees.*

Where an appeal is taken from an order *“*denying a motion made to set aside, and strike from the file the judgment roll,” and the record showed no suoh order was made hy the circuit court, the appeal will he dismissed.

The facts in this motion can be gathered from the opinion of the court.

*R. P. Eaton,*for appellant.

*F. Packard,*for respondent

*By the Court,*

Cole, J.

The appeal in this case must be dismissed. The notice of appeal states that the appeal is from an order of the circuit court of Winnebago county, made on the 7th day of April, 1859, “denying a motion made by said defendant to set aside and strike from the file the judgment roll.” We find no such order in the return of the clerk. The return shows an order made on the 7th of April, 1859, in this cause, in which it was ordered that the amended complaint be struck from the files, with leave to the plaintiff to re-file and re-serve the same on the-payment of the costs, theretofore ordered and taxed with- five dollars in addition, within twenty days.

Whatever the appellant’s intention might have been, he does not seem to have taken any appeal from this latter orderat least, the record does not show that he has. And since the order described in this notice of appeal has not been returned by the clerk, it is clearly not before us for examination. No other course is left but to dismiss the appeal.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

AMIR R.R. CRUZ-WEST,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 389 EAL 2016

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 7th day of December, 2016, the Petition for Allowance of Appeal

is DENIED.
<PAGE>

                                  EXHIBIT 13.2

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

     In connection with the Annual Report of API Electronics Group Inc. (the
"Company") on Form 20-F for the fiscal year ended May 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Phillip DeZwirek, Vice Chairman, Chief Financial Officer and
Treasurer of the Company, certifies, pursuant to 18 U.S.C. (S) 1350, as adopted
pursuant to (S) 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.


/s/  Phillip DeZwirek
----------------------------------------------------
Phillip DeZwirek
Vice Chairman, Chief Financial Officer and Treasurer
November 25, 2003
#### Leonard vs. Warriner.

*Bill of Exceptions must he signed by Judge.*

A paper purporting to be a bill of exceptions, settled by stipulation of the attorneys of the respective parlies, but not signed by the judge of the court in which the action was tried, cannot be considered by this court.

*42APPEAL from the Circuit Court for *Green Lake*County.

Downer, J.

There is no bill of exceptions in this case. There is what the attorneys for the respective parties have stipulated should be a bill of exceptions, and of the same force and effect as if settled and signed by the circuit judge; but it is not signed by the judge. Section 12, ch. 264, Laws of 1860, requires bills of exceptions to be signed by the judge. We cannot permit the stipulation of the attorneys to take the place of, or do away with the necessity of, such signing by the judge. They might stipulate into the record, if this was permitted, rulings or instructions that were never made or given, and which would make the circuit judge appear ridiculous. If this practice were allowed, attorneys might send up to this court for decision, questions never raised in the coiut below, and even cases to which the attention of the circuit court was never called. The supposed bill of exceptions is no part of the record: and as, excluding it, there is no error apparent, the judgment of the court below must be affirmed.

*By the Court*— Judgment affirmed, with costs.
Exhibit 31.1

Certification by the Chief Executive Officer pursuant to Rule 13a-14(a)/15d-14(a) of the Securities  Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I,
David Simon, certify that:

1.         I
have reviewed this Annual Report on Form 10-K of Simon Property Group, L.P.;

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)) and internal control over financial reporting (as defined in Exchange Act Rule 13a-15(f) and 15d-15(f)) for the registrant and
have:



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 registrant's board of directors (or persons performing the equivalent function):



|Date: March 13, 2008 |  |                                                                                                                                        
|-------------------- |  | ---------------------------------------------------------------------------------------------------------------------------------------
|                     |  | /s/DAVID SIMONDavid Simon
Chairman of the Board of Directors and
Chief Executive Officer of
Simon Property Group, Inc., General Partner

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QuickLinks
EXHIBIT 99.1

Simon Property Group, L.P.

National City Center
115 West Washington Street, Suite 15
Indianapolis, Indiana

March 28,
2002

Securities
and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

Ladies
and Gentlemen:

In
connection with the delivery of the Report of Independent Public Accountants, dated March 28, 2002 issued by Arthur Andersen LLP ("Andersen") relating to Andersen's audit of the consolidated
financial statements of Simon Property Group, L.P. (the "Company") and subsidiaries included in Item 8, Part II
of this Annual Report on Form 10-K, Andersen has represented to the Company that the audit was subject to Andersen's quality control system for the U.S. accounting and auditing
practice to provide reasonable assurance that the engagement was conducted in compliance with professional standards, and that there was appropriate continuity of Andersen personnel working on the
audit, availability of national office consultation and availability of personnel at foreign affiliates of Andersen to conduct the relevant portions of the audit.

| | Very truly yours,         
| | --------------------------
| | Simon Property Group, L.P.
| | By:                       
| | By:                       

97

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