alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-S82045-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

DANIEL SCOTT PETRICHKO,

Appellant No. 837 MDA 2016

Appeal from the PCRA Order May 4, 2016

in the Court of Common Pleas of Schuylkill County

Criminal Division at No.: CP-54-CR-0000803-1996

BEFORE: OTT, J., DUBOW, J., and PLATT, J.*

JUDGMENT ORDER BY PLATT, J.: FILED DECEMBER 08, 2016

Appellant, Daniel Scott Petrichko, appeals pro se from the denial of his 

third serial petition for relief pursuant to the Post Conviction Relief Act, 42 

Pa.C.S.A. §§ 9541–9546 (PCRA), as untimely. Appellant argues that his 

sentence of life without parole for murder of the first degree is 

unconstitutional under Miller v. Alabama, 132 S. Ct. 2455 (2012), applied 

retroactively under Montgomery v. Louisiana, 136 S. Ct. 718 (2016), as 

revised (Jan. 27, 2016). We affirm. 

Appellant was twenty years old at the time he committed the murder. 

He argues, in effect, that Miller should be applied to him as an “emerging 

adult[ ] who struggle[s] with the same problems as those under the age of 

____________________________________________

* Retired Senior Judge assigned to the Superior Court.
J-S82045-16

- 2 -

[eighteen].” (Appellant’s Brief, at x).1 We note that Appellant has 

previously litigated his Miller claim. (See Commonwealth v. Petrichko, 

No. 1901 MDA 2012, 2013 WL 11254771, at *5 (Pa. Super. filed Sept. 4, 

2013) (unpublished memorandum)). 

On appeal from the denial of PCRA relief, our standard and scope of 

review is limited to determining whether the PCRA court’s findings are 

supported by the record and without legal error. Our review of questions of 

law is de novo. See Commonwealth v. Edmiston, 65 A.3d 339, 345 (Pa. 

2013), cert. denied, 134 S. Ct. 639 (2013). To prove this exception to the 

PCRA time-bar, Appellant had to assert a constitutional right, recognized by 

the United States Supreme Court or the Pennsylvania Supreme Court and 

held by that court to apply retroactively. See 42 Pa.C.S.A. § 9545(b)(1)(iii). 

Miller applies only to juveniles under the age of eighteen. See Miller, 

supra at 2460. The issue of where to draw the line has already been 

addressed by the United States Supreme Court in Roper v. Simmons, 543 

U.S. 551, 574 (2005). The PCRA court properly determined that no 

statutory exception to the time-bar applied. Lacking jurisdiction, the court 

correctly declined to review the merits of Appellant’s issues. 

Order affirmed. 

____________________________________________

1 Appellant’s non-compliant and erratically paginated brief does not include a 

statement of questions involved. 
J-S82045-16

- 3 -

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 12/8/2016
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

PAULINO ALZATE NAVA,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-73967

Agency No. A075-598-528

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 6, 2012** 

Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.

Paulino Alzate Nava, a native and citizen of Mexico, petitions for review of

the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. 

We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the

denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.

FILED

MAR 15 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-73967

2003), and we deny the petition for review.

The BIA did not abuse its discretion by denying Alzate Nava’s motion to

reopen where he filed the motion seven years after the BIA issued its final order of

removal, see 8 C.F.R. § 1003.2(c)(2), and failed to demonstrate the due diligence

required to obtain equitable tolling of the filing deadline, see Iturribarria, 321 F.3d

at 897.

In light of our disposition, we do not address Alzate Nava’s remaining

contention.

PETITION FOR REVIEW DENIED.
Document Headings

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                -                       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

###### Centers for Disease Control and Prevention

# Contact Person for Additional Information:

                         Nancy Anderson, Chief, Laboratory Practice Standards Branch, Division of Laboratory Programs, Standards, and Services, Center for Surveillance, Epidemiology and Laboratory Services, Office of Public Health Scientific Services, CDC, 1600 Clifton Road NE., Mailstop F-11, Atlanta, Georgia 30329-4018; telephone (404) 498-2741; or via email at                         *NAnderson@cdc.gov*

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.                    

Catherine Ramadei,

Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. 2015-07639 Filed 4-2-15; 8:45 am]

 BILLING CODE 4163-18-P
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

, 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.

May 20, 2015

a0513 

# Order

Clerk May 20, 2015

149053 & (36)

PEOPLE OF THE STATE OF MIC HIGAN,

Plaintiff

- Appellee,

v SC: 149053

COA: 311726

Allegan CC: 11

- 017191

- FC

DANNON LEWIS ANES,

Defendant

- Appellant.

____________________________________/

By order of November 26, 2014, the prosecuting attorney was directed to answer

the application for leave to appeal the February 13, 2014 judgment of the Court of

Appeals. On order of the Court, the answer having been received, the application for

leave to appeal is again considered, and it is DENIED, because we ar e not persuaded that

the questions presented should be reviewed by this Court.
Electronically Filed

Intermediate Court of Appeals

CAAP-16-0000010

08-DEC-2016

12:30 PM
```

[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Notices]               
[Page 25845]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my10-39]                         

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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2010-OS-0062]

 
Privacy Act of 1974; System of Records

AGENCY: Defense Information Systems Agency, DoD.

ACTION: Notice to delete a system of records.

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

SUMMARY: The Defense Information Systems Agency proposes to delete a 
system of records notice in its existing inventory of record systems 
subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
June 9, 2010 unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Jeanette M. Weathers-Jenkins at 
(703) 681-2103.

SUPPLEMENTARY INFORMATION: The Defense Information Systems Agency 
systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 
552a), as amended, have been published in the Federal Register and are 
available from the Defense Information Systems Agency, 5600 Columbia 
Pike, Room 933-I, Falls Church, VA 22041-2705.
    The Defense Information Systems Agency proposes to delete one 
system of records notice from its inventory of record systems subject 
to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed 
deletion is not within the purview of subsection (r) of the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a 
new or altered system report.

    Dated: May 4, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Deletion:
KEUR.04

System name:
    Security Clearance File (February 22, 1993; 58 FR 10562).

Reason:
    These records are covered under system of records notice V5-05, 
Joint Personnel Adjudication System (JPAS) (July 1, 2005; 70 FR 38120), 
therefore it can be deleted.

[FR Doc. 2010-10939 Filed 5-7-10; 8:45 am]
BILLING CODE 5001-06-P
```
<TABLE> <S> <C>


<ARTICLE>                                            9

<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     QUARTERLY  REPORT  ON FORM  10-QSB  AND IS  QUALIFIED  IN ITS  ENTIRETY  BY
     REFERENCE TO SUCH FINANCIAL INFORMATION.
</LEGEND>

<MULTIPLIER>                                   1000

<S>                                    <C>
<PERIOD-TYPE>                                 9-MOS
<FISCAL-YEAR-END>                             SEP-30-2000
<PERIOD-END>                                  JUN-30-2000
<CASH>                                          1,858
<INT-BEARING-DEPOSITS>                            512
<FED-FUNDS-SOLD>                                    0
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                        21
<INVESTMENTS-CARRYING>                             21
<INVESTMENTS-MARKET>                               21
<LOANS>                                        41,412
<ALLOWANCE>                                       211
<TOTAL-ASSETS>                                 59,962
<DEPOSITS>                                     53,645
<SHORT-TERM>                                        0
<LIABILITIES-OTHER>                               974
<LONG-TERM>                                         0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                        1,698
<OTHER-SE>                                      3,645
<TOTAL-LIABILITIES-AND-EQUITY>                 59,962
<INTEREST-LOAN>                                 2,318
<INTEREST-INVEST>                                 675
<INTEREST-OTHER>                                   43
<INTEREST-TOTAL>                                3,036
<INTEREST-DEPOSIT>                              1,089
<INTEREST-EXPENSE>                                 50
<INTEREST-INCOME-NET>                           1,139
<LOAN-LOSSES>                                      28
<SECURITIES-GAINS>                                  1
<EXPENSE-OTHER>                                 1,519
<INCOME-PRETAX>                                   629
<INCOME-PRE-EXTRAORDINARY>                        629
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                      387
<EPS-BASIC>                                       .94
<EPS-DILUTED>                                     .93
<YIELD-ACTUAL>                                   4.62
<LOANS-NON>                                       239
<LOANS-PAST>                                      239
<LOANS-TROUBLED>                                  239
<LOANS-PROBLEM>                                   239
<ALLOWANCE-OPEN>                                  175
<CHARGE-OFFS>                                       1
<RECOVERIES>                                        2
<ALLOWANCE-CLOSE>                                 211
<ALLOWANCE-DOMESTIC>                              211
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                           211



</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
consolidated  balance  sheet and the  consolidated  statement of income filed as
part of the  quarterly  report on form 10-Q and is  qualified in its entirety by
reference to such quarterly report on form 10-Q.
</LEGEND>
<CIK>                                             0000853102
<NAME>                        Day Runner, Inc.
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              Jun-30-1997
<PERIOD-START>                                 JUL-01-1996
<PERIOD-END>                                   SEP-30-1996
<CASH>                                         27,462
<SECURITIES>                                        0
<RECEIVABLES>                                  30,149
<ALLOWANCES>                                    7,632
<INVENTORY>                                    17,797
<CURRENT-ASSETS>                               74,495
<PP&E>                                         14,587
<DEPRECIATION>                                  6,550
<TOTAL-ASSETS>                                 82,872
<CURRENT-LIABILITIES>                          19,301
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            6
<OTHER-SE>                                     63,565
<TOTAL-LIABILITY-AND-EQUITY>                   82,872
<SALES>                                        33,549
<TOTAL-REVENUES>                               33,549
<CGS>                                          16,092
<TOTAL-COSTS>                                  16,092
<OTHER-EXPENSES>                               11,254
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                               (210)
<INCOME-PRETAX>                                 6,413
<INCOME-TAX>                                    2,565
<INCOME-CONTINUING>                             3,848
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    3,848
<EPS-PRIMARY>                                    0.57
<EPS-DILUTED>                                    0.57
        


</TABLE>
EXHIBIT 10.59
                        FIRST AMENDMENT TO LEASE AGREEMENT

     THIS FIRST AMENDMENT TO LEASE AGREEMENT, made this 1st day of February,
1998, by and between AMERUS PROPERTIES, INC. (hereinafter called "Landlord") and
AMERUS LIFE INSURANCE COMPANY (hereinafter called "Tenant").

                               W I T N E S S E T H:

     WHEREAS, by Lease dated December 1, 1996, Landlord did lease and demise
unto Tenant those certain premises, therein more particularly described, for
such rentals and upon such terms as more particularly set forth therein
(hereinafter the "Lease"); and

     WHEREAS, Tenant desires to lease 19,400 square feet of additional space
consisting of the entire second floor of the remaining term of the Lease at
$14.20 per square foot; and

     WHEREAS, Landlord is in agreement to lease the additional space on the
terms contained herein.

     NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt of which is hereby acknowledged, it is
mutually agreed to amend the Lease as follows:

     1.   The definition of Premises shall include 19,400 square feet on the
          second floor of the AmerUs Life Building.

     2.   Additionally, the rent under the additional 19,400 square feet will be
          at the same rate ($14.20/s.f.) as the balance of the leased square
          footage.  Therefore, additional rent of Twenty-two Thousand Nine
          Hundred Fifty-six and 67/100 Dollars ($22,956.67) will be due and
          payable the first day of February, 1998 and on the first day of each
          month until the expiration of the term of the Lease on November 30,
          2001.

     3.   Except as set forth herein, said Lease shall remain unchanged and in
          full force and effect as originally written.

<PAGE>
     IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
signed by their duly authorized representative on the day and year first above
written.


LANDLORD:                               TENANT:
AMERUS PROPERTIES, INC.                 AMERUS LIFE INSURANCE COMPANY


By: /s/ Roger W. Langpaul               By: /s/ Thomas C. Godlasky
     Roger W. Langpaul, Vice President       Thomas C. Godlasky
                                             Executive Vice President
1491ll-I3-Pj DEPARTMENT OF TRANSP;ORTATION Federal AviatiOD Administration 

### /2 1.3

"O''''''''~T'' 

# ~- C--~

This condition, ifnot corrected, could result in adeterioration ofthe structural integrity ofthe forward engine mount. Airbus, inthe frame 

### crItic Extended Service Goal (ESG) exercise, has demonstrated by post--eertification analysis iliat, among lhe types of yokes in service, one component onthe CF6-80C2 forward engine mounts (skinny cast yoke) does not meet the Dcs'ignService Goal (DSG) requirements. condilion as: informalion (MeAl) originated byanaviation authority ofanother country to identify and correct an unsafe condition on an aviation product. The MeAl. describes lhe unsaf< listed above. This proposed AD;resulls frommandatory continuing airworthiness AGENCY: Federal Aviation Administration (FAA). DOT. Varianl F, and F4-605R Airplanes, and A31O-204 and +304Airplanes ACTION: Notice ofproposed rulemaking (NPRM). SUMMARY: We propose to aqopt anew airworthiness directive (AD) for the product Airworthiness Directives; Airbus Model A300 84·601. 84-603, 84-605R. C4-60SR RIN 2I2ll-AA64 

## 2011- 

# 'DD3S JDocket No. F.<\.A-JOlD-"*'***; Directorate IdeotificT 201Q-NM-llO-ADj 14CFR Part 39



## • • 

# • • • • • The unsafe condition ispossible.separation of!he engine from the engine moum dunn_ ••••• flight. The proposed AD would require actions that are intended to address the unsafe
FAA Form 1360-14.1 (6-B9) :OFFlCL4LFILECOpy
Exhibit 32

                                             CERTIFICATION PURSUANT TO
                                             18 U.S.C. SECTION 1350,
                                              AS ADOPTED PURSUANT BY
                                   SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In  connection   with  the  Quarterly   Report  of  Everyday   Assembly
Productions,  Inc., on Form 10- QSB for the period ending  September 30, 2003 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  the  undersigned,  B. Stephen Bailey,  Chief  Executive  Officer and
Principal  Accounting  Officer of the  Company,  certify,  pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley Act of 2002,
that to the best of my knowledge and belief:

         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.


Date: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.
SCWC-19-0000567

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

HOWARD R. GREEN

Petitioner/Appellant-Appellant,

vs.

ZONING BOARD OF APPEALS, CITY & COUNTY OF HONOLULU; DIRECTOR OF 

THE DEPARTMENT OF PLANNING & PERMITTING, CITY & COUNTY OF 

HONOLULU; INTERVENOR KANEOHE YACTH CLUB,

Respondents/Appellees-Appellees. 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-19-0000567; CASE NO. 1CC181001144)

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)

Petitioner Howard R. Green's Application for Writ of 

Certiorari, filed on June 28, 2024, is hereby rejected.

DATED: Honolulu, Hawaiʻi, August 28, 2024.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza 

/s/ Vladimir P. Devens

Electronically Filed

Supreme Court

SCWC-19-0000567

28-AUG-2024

12:48 PM

Dkt. 23 ODAC