alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NUMBER 13 - 1 8 - 00 379 - C R 

## COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

RUDY GUARTUCHE , Appellant,

v. THE STATE OF TEXAS, Appellee.

On a ppeal from the 94 th District Court of Nueces County, Texas.



## ORDER OF ABATEMENT

Before Chief Justice Contreras and Justices Benavides and Longoria Order Per Curiam

A ppellant ’ s brief was originally due on October 12, 2018 . On December 27, 2018 , this Court granted appellant’s fourth motion for extension of time and directed appellant to file the brief on or before January 2, 2019. On January 7, 2019 , the Clerk of the Court notified appellant’s counsel that the brief had not been filed and requested a response2

concerning the failure to file the brief within ten days. Counsel has nevertheless failed to file an appellate brief in this matter. Accordingly, we now ABATE this appeal and REMAND the cause to the trial court for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate Procedure. Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant desires to prosecute this appeal; (2) why appellant's counsel has failed to file a brief and whether counsel has effectively abandoned the appeal; (3) whether appellant has been denied effective assistance of counsel; (4) whether appellant's counsel should be removed; and (5) whether appellant is indigent and entitled t o court

- appointed counsel. If the trial court determines that appellant does want to continue the appeal, that present counsel should be removed, and that appellant is indigent and entitled to

court

- appointed counsel, the trial court shall appoint new counsel to represent appellant in this appeal. If new counsel is appointed, the name, address, email address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel. The trial court shall cause its finding s and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.3

It is so ORDERED. PER CURIAM

Do not publish. T EX

. R. A PP

. P. 47.2(b).
D elivered and filed th e 31 st day of January , 2019

.
Exhibit 10.1


 


CFO Services Agreement


 


This CFO Services Agreement is entered
into as of October 1, 2015 between Jesus Quintero (“Quintero”), and Massroots, Inc.(the “Company”).
Quintero hereby agrees to serve as Chief Financial Officer of Massroots, Inc. for a period of one year.


 


The compensation will be paid monthly
at the beginning of each month, at a rate of USD $4,000.00. Unless otherwise directed by Quintero, all payments shall be issued
in the name of JDE Development LLC and sent to:


 


JDE Development
LLC,


16860 SW 1st Street,
Pembroke Pines, FL 33027.


 


There will be no other fees or charges by Quintero to the Company other than pre-approved
direct, third party reimbursements for costs, and pre-approved travel and related expenses.


 


Specific responsibilities of Quintero for the Company shall
include:


1. Review and analysis of the historical
accounting records


2. Implementation of appropriate internal
financial controls


3. Interacting with the Company’s
internal accounting staff


4. Liaison with the Company’s auditor and securities attorney regarding filing
and reporting requirements


5. Preparation of financial statements
including footnotes for 10Q and 10K reporting


6. Preparation of analysis of operations
as may be required in regulatory filings


7. Preparation as may be required of
forecasts and budgets.


8. Final review and signing of financial
statements and regulatory filings


9. Maintaining the books and records
and U.S. account(s) for the Company


10. Meeting with Company management and visits
to the Company’s facilities as may be required.


11. Participation at investor meetings
and conferences as may be required


12. Responding to phone calls from the
financial community and investors


  


Quintero and the Company agree that the performance, compensation, and time commitment
by Quintero shall be reviewed and agreed upon on an annual basis. Quintero shall be treated as a contract worker.


 


Quintero shall be entitled to reimbursement for appropriate business expenses, as
well as travel and related expenses.


 


This CFO Services Agreement shall be in force until such time as a formal
Employment Agreement is entered into by Quintero and the Company.


 


Either Quintero or the Company may terminate
this Agreement provided they give ninety (90) days written notice of the termination. Upon termination by the Company, Quintero
shall be entitled to recover from the Company, including, but not limited to, payment for all work performed through the date
of termination.


 


In the event of any dispute between
the parties arising out of or relating to this Agreement, said dispute shall be governed the laws of the State of Florida without
reference to its conflict of law rules.


 


Agreed to:


 


 


	/s/	Jesus M Quintero	10/01/2015	 	/s/	Isaac Dietrich	10/01/2015
	 	Jesus M Quintero	Date	 	 	Isaac Dietrich, CEO	Date
Order entered October 27, 2022

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-01032-CR

EVER RICARDO MARTINEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court

Collin County, Texas

Trial Court Cause No. 366-84380-2019

ORDER

Before the Court is the State’s October 25, 2022 motion for extension of 

time to file the State’s brief. We GRANT the motion and ORDER the State’s brief 

received with the motion filed as of the date of this order.

/s/ LANA MYERS 

JUSTICE
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4445 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4445

   To amend Public Law 95-232 to repeal a restriction on treating as 
 Indian country certain lands held in trust for Indian pueblos in New 
                                Mexico.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 13, 2010

 Mr. Heinrich (for himself, Mr. Lujan, and Mr. Teague) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
   To amend Public Law 95-232 to repeal a restriction on treating as 
 Indian country certain lands held in trust for Indian pueblos in New 
                                Mexico.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Pueblo Cultural Center 
Clarification Act''.

SEC. 2. REPEAL OF RESTRICTION ON TREATING AS INDIAN COUNTRY CERTAIN 
              LANDS HELD IN TRUST FOR INDIAN PUEBLOS IN NEW MEXICO.

    Public Law 95-232 is amended in the first section in subsection (b) 
by striking ``However, such property shall not be `Indian country' as 
defined in section 1151 of title 18, United States Code.''.
                                 <all>
```
ascentium

C A P i A iAigust 15,2017

CHRISTOPHER HLDEBRANT

5484 WINDING CAPE WAY

MASON, OH 46040

/tecenium Capital LLC^eementl'timber 2167754 Past £Xie 7/1/17 $6,612.84

Customer Name; Central Ltea VWreless, LLC fCustomef)

RE:

DEMAND FOR PAYICNT

Ladies and Gentlemen:

You guaranteed the above-refe^c«l /sg^Bement between Ascentium Capital LLC or its predecesscff h

interest fAscenfium*). and the Customer. The Agreement is h default due to non-payment, »id faere has

been a failure to adequacy address the accunwlal^ delinquency. As of tiis date, tee total past cfae

anxHjntis now $6,612.84.

DteT^nd is hereby made on ytw, as guarantor, for payment ct the enfire past cfoe anroont wthin ten (10)

days focm the date of tiis letter. Unless this demand is fmely and Lilly satisfed, or his matte' is otherwise

reeved fa wtittei documwitation aoc^tabie to Ascentium in its sole dsaefion, Ascentium may fake ail

farther stepis it deems ^ropriate, induding and WtecMit {notation oonmencing a legal acfioi againstany or

ail ^picableenSies cr hdividuais. Other nanr^dies a/ailable toAscoiium consist of, but are notInNted to;

accderafioi of all remaining aiXAints (fae, tepossessioi cf the ec^ipment. and recovery of attoney fee®

aid costs should l^al action become necessary. IfAscwitium forced to lie suit, you wll not only lose the

use of tee equipn^t but may be subjected to a sitestenSal ^gment as well as fees in defending ytxjr

acSws.

if any paymait less tean tee ind^tedness tibtemv'ned by the domand above is deivwed to Ascenfium,

such pa^nent wil be ajplied to said hdebtedne^ any sequence Ascenlum selects in its sole

(tecreSon), with fall reservaion of ail of Ascenturn’s righte and remedies and wtecxit waiver of or pre^dice

to aiy of Ascenfium's rights or nenrredies. Moreov^-, any aich partial pa^nait shall not cure aiy default

uider the Agreemwt and such payment shall notbe an alteration a modiicaticwi of his demand.

This letter is not an dWndusive statement of Ascantium's rights or lemedies against my persai ct entity.

Moreover, noteing stated n or ortitted fom teis letter is a waivw of, or has aiy adverse effect on, aiy of

Asc^tum’s rights or remedies, and ail sudi rights and nsmedies ate ounraiative, may be ererdsed

anuitanewsly, and ae expresdy reserved.

This is a fcmrai demand and it is leccmmended teat ywj govern ywjr actions accordngly.

Sncarely,

Ascaitium Capital LLC

Carlos Galvez

Account Ffepresentative

877.568.5915 ext 2083

EXHIBIT

M

-20160224 D-2

Case: 1:17-cv-00744-SKB Doc #: 1-9 Filed: 11/06/17 Page: 1 of 1 PAGEID #: 27
1

NO. ________________________ 

 § IN THE COURT OF

 § 

IN RE § 

SYLVIA MARTINEZ § CRIMINAL APPEALS 

 § 

 § AUSTIN, TEXAS 

MOTION FOR LEAVE TO FILE AN 

ORIGINAL PETITION FOR WRIT OF MANDAMUS 

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL 

APPEALS: 

NOW COMES, the Bexar County District Attorney’s office and, pursuant to 

Rule 72.1 of the Texas Rules of Appellate Procedure, files this motion for leave to 

file an original petition for writ of mandamus and in support thereof would 

respectfully show the Court as follows: 

I. 

The underlying action is the trial court’s refusal to issue a pre-trial writ of 

habeas corpus application, collaterally attacking State of Texas v. Sylvia Martinez, 

Cause Number 2014CR1384, from the 187th District Court of Bexar County. The 

writ application was heard by the trial court on June 8, 2015, the same day the case 

was set for trial. After the trial court refused to issue the writ, Martinez filed a 

WR-83,996-01

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 10/9/2015 7:05:56 PM

Accepted 10/12/2015 3:55:24 PM

ABEL ACOSTA

CLERK

 RECEIVED COURT OF CRIMINAL APPEALS 10/12/2015 ABEL ACOSTA, CLERK 
2

petition for writ of mandamus in the Fourth Court of Appeals arguing that the trial 

court had a ministerial duty to issue the writ.

On August 26, 2015, in an opinion authored by the Honorable Justice Jason 

Pulliam, a three judge panel of the Fourth Court of Appeals conditionally granted 

the writ of mandamus concluding that Judge Hilbig had a ministerial duty to rule 

on Martinez’s writ application and that she did not have an adequate remedy at 

law. See In re Martinez, No. 04-15-00348-CR at *5 (Tex. App.—San Antonio, 

August 26, 2015) (orig. proceeding). In a separate order, the Fourth Court of 

Appeals gave Judge Hilbig 14 days in which to rule on the writ or provide 

Martinez enough time to file her application in another court. The State of Texas 

now seeks mandamus review of that opinion and order.

II.

The issue in the instant matter involves the Fourth Court’s failing to follow 

its prior precedent and essentially forcing the trial court to create an appealable 

order on the eve of trial.
3

WHEREFORE, PREMISES CONSIDERED, the Bexar County Criminal 

District Attorney’s Office requests that this Court grant leave for the filing and 

consideration of its Petition for Wirt of Mandamus.

Respectfully submitted,

NICHOLAS “NICO” LAHOOD

Criminal District Attorney

Bexar County, Texas

/S/ LAUREN SCOTT

___________________________

Lauren A. Scott

Assistant District Attorney

State Bar No. 24066843

101 W. Nueva

San Antonio, Texas 78205

210-335-2885

Email: lscott@bexar.org
4

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing instrument 

has been served on the counsel of record by electronic mail on October 9, 2015.

Chad P. Van Brunt

State Bar No. 24070784

Angela Moore

State Bar No. 14320110

310 S. St. Mary’s Street, Suite 1830

San Antonio, Texas 78205

/s/ Lauren A. Scott

______________________________

Lauren A. Scott
****Exhibit 12 (a) 
  **GENERAL ELECTRIC CAPITAL SERVICES, INC.    AND CONSOLIDATED AFFILIATES

Computation of Ratio of Earnings to Fixed Charges 
   **Years ended December 31  
 *(In millions)**2003 **2002 **2001 **2000 **1999  
 
 
 
 
 
Net earnings
$
7,415 
$
3,611 
$
5,417 
$
5,192 
$
4,443 
Provision for income taxes 
1,458  
(79
) 
1,380  
1,912  
1,653 
Minority interest 
109  
143  
163  
214  
186  
 
 
 
 
 
Earnings before income taxes and minority interest 
8,982  
3,675  
6,960  
7,318  
6,282  
 
 
 
 
 
Fixed charges:               
     Interest 
9,975  
10,078  
10,836  
11,415  
9,607 
     One-third of rentals 
298  
326  
335  
392  
356  
 
 
 
 
 
Total fixed charges 
10,272  
10,404  
11,171  
11,807  
9,963  
 
 
 
 
 
Less interest capitalized, net of amortization 
(23
) 
(38
) 
(88
) 
(121
) 
(87
) 
 
 
 
 
 
Earnings before income taxes and minority interest,          plus fixed charges
$
19,231 
$
14,041 
$
18,043 
$
19,004 
$
16,158  
 
 
 
 
 
Ratio of earnings to fixed charges 
1.87  
1.35  
1.62  
1.61  
1.62  
 
 
 
 
 
 *******************
Exhibit 32.1

AMERICAN SUPERCONDUCTOR CORPORATION

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 Quarterly Report on Form 10-Q of American Superconductor Corporation (the Company) for the period
ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Gregory J. Yurek, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

(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: August 6, 2009 |  | /S/ GREGORY J. YUREK   
|                     |  | Gregory J. Yurek       
|                     |  | Chief Executive Officer
<PAGE>   1
                                                                      EXHIBIT 24


                                POWER OF ATTORNEY


KNOW ALL MEN BY THESE PRESENT THAT the undersigned directors and officers of
Zaxis International Inc., a Delaware corporation, does hereby constitute and
appoint John Hrobsky a true and lawful individual in his name, place and stead,
in any and all capacities, to sign his name to Annual Reports on Form 10-KSB for
the year ended December 31, 2000 under the Securities and Exchange Act of 1934,
as amended, and to any and all amendments of said Company, and to cause the same
to be filed with the Securities and Exchange Commission, granting unto said
individual full power and authority to do and perform any act and thing
necessary and proper to be done in the premises, as fully and to all intents and
purposes as the undersigned could do if personally present, and the undersigned
hereby ratifies and confirms all that said individuals or any one of them shall
lawfully do or cause to be done by virtue hereof.

Dated: May 15, 2001

 /S/Ronald Hanson            Chairman of the Board            May 15, 2001
-------------------
Ronald Hanson

/S/Steven Ficyk              Director                         May 15, 2001
-------------------
Steven Ficyk

/S/William Martin            Director                         May 15, 2001
--------------------
William Martin

/S/James Roberts             Director                         May 15, 2001
--------------------
James Roberts

/S/Robert Turner             Director                         May 15, 2001
--------------------
Robert Turner

/S/John Hrobsky              President & Chief                May 15, 2001
--------------------         Executive Officer, Acting
John Hrobsky                 Chief Financial Officer
EXHIBIT 10.51

                       AMENDMENT TO EMPLOYMENT AGREEMENT

Agreement  made and entered into effective as of the _______day of April 2004 by
and between RMS Titanic, Inc. (the "Company"), a Florida Corporation, and Gerald
Couture (the "Executive").

Pursuant to Paragraph 12(b) of the Employment  Agreement dated as of February 4,
2002  between  the  Company  and the  Executive,  said  Agreement  is amended as
follows:

1. Paragraph 1(b) is amended to extend the term of the Agreement until February
4, 2008.
2. Paragraph 3 is amended by adding Paragraph 3 (i) to provide the Executive
with an Stock Option to acquire 300,000 shares of common stock shall be
immediately vested and exercisable. The exercise price for all options granted
to Executive hereunder shall be $1.64 per share, which is the closing price of
such shares as of April 8, 2004. The options shall have an exercise period of
ten (10) years from the date of this Agreement and shall contain a cashless
exercise provision. The form of the option agreement is attached as Exhibit "A."
3. Paragraph 12(c) is amended such that the Executive is entitled to the payment
by the Company of any and all attorney's fees, costs, and expenses he may incur
contemporaneously with any action commenced for the enforcement of this
Agreement or any amendments thereof. 4. All stock options granted to the
Executive during the term of his employment shall remain exerciseable until the
later of the fifth anniversary of the date of termination of employment or the
expiration of such options on the scheduled expiration dates as set forth in the
separate stock option agreements.

      IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first written above COMPANY:

RMS TITANIC, INC.

By:
   -----------------------------------------

Its:
    ----------------------------------------

EXECUTIVE:

    ----------------------------------------
               Gerald Couture
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-20-00280-CR

Justin Dallas ARRIOLA,

Appellant

v.

The STATE of Texas,

Appellee

From the 38th Judicial District Court, Uvalde County, Texas

Trial Court No. 2015-04-12554-CR

Honorable Camile Glasscock Dubose, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE MARTINEZ, AND JUSTICE RODRIGUEZ

In accordance with this court’s opinion of this date, appellant’s motion to dismiss is 

GRANTED, and this appeal is DISMISSED. 

SIGNED October 21, 2020.

_________________________________

Liza A. Rodriguez, Justice
#### Frank Joseph McCARTNEY, Appellant, v. UNITED STATES of America, Appellee.

No. 19672.

United States Court of Appeals Ninth Circuit.

April 7, 1965.

*472See also 7 Cir., 311 F.2d 475.

Frank Joseph McCartney, in pro. per.

Cecil F. Poole, U. S. Atty., Sacramento, Cal., for appellee.

Before ORR, KOELSCH and ELY, Circuit Judges.

PER CURIAM.

While it may be argued that appointment of counsel in a proceeding to vacate sentence pursuant to 28 U.S.C. § 2255 is discretionary with the United States District Court in a case such as the one before us, we do not need to direct our attention to that question here. The District Court in this case exercised its judgment and appointed counsel to represent the prisoner, McCartney. Having thus determined that counsel should have been appointed, the District Court should have taken steps to insure effective representation.

Counsel apparently misconceived his role. It was his duty to honorably present his client’s contentions in the light most favorable to his client. Instead he presumed to advise the court as to the validity and sufficiency of prisoner’s motion, by letter. We therefore conclude that prisoner had no effective assistance of counsel and remand this case to the District Court with instructions to set aside the judgment, appoint new counsel to represent the prisoner if he makes no objection thereto, and proceed anew.

Reversed and remanded.
January 24 , 2013



### JUDGMENT


## The Fourteenth Court of Appeals

IN THE INTEREST OF M .C.R. AND A.J.R., CH ILDREN

NO. 14

- 12

- 01017

- CV

________________________________ Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on October 16, 2012. Having considered the motion and found it meritorious, we order the appeal DISMISSED

. We further order that all costs incurred by r eason of this appeal be paid by appellant.

We further order this decision certified below for observance.
IN THE COMMON PLEAS COURT OF SHELBY COUNTY, OHIO

CRIMINAL DIVISION

STATE OF OHIO * CASE NO. 16CR000208 

PLAINTIFF *

vs. *

 NOLLE PROSEQUI

JOSEPH E. COTTERMAN * ENTRY BY COURT

DEFENDANT *

* * * * * * * * * * * * * * * * * * * * * * * * *

At the request of the State of Ohio, this case is hereby dismissed without prejudice.

Costs charged to State. 

The Clerk of this Court is directed to deliver a copy of this entry to Counsel for the 

 Defendant, the Defendant, the Prosecuting Attorney, the Sidney Police Department, the

 Shelby County Sheriff’s Department, and the Court.

SHELBY COUNTY PROSECUTOR’S OFFICE

 /s/ Timothy S. Sell

 Timothy S. Sell, #0030867

 Shelby County Prosecutor

COMMON PLEAS COURT

MICHELE K. MUMFORD

SHELBY COUNTY CLERK

16CR000208

FILED 05/22/2017 01:16 PM

Case: 3:18-cv-00177-WHR-MJN Doc #: 55-8 Filed: 07/19/19 Page: 1 of 1 PAGEID #: 425