alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ware v. State of Arkansas.

Larceny : *Value must te proved.*

Without proof of value of stolen property, there can be no conviction for larceny.

APPEAL from *Mississippi*Circuit Court.

Hon. L. L. Mack, Circuit Judge.

Henderson, Attorney-General.

ENGLISH, C. J.:

John Ware and Solomon Bass, Jr., were jointly indicted in the Circuit Court of Mississippi county, for stealing a hog, alleged to be of the value of $10, and the property of James Perry. Ware was separately tried, and the jury found him guilty, as charged in the indictment, and fixed his punishment at imprisonment for one year in the penitentiary. Pie moved for a new trial, on the ground that the verdict was not sustained by the evidence ; the court overruled the motion, and he took a bill of exceptions, which purports to set out all of the evidence introduced on the trial. He was sentenced in accordance with the verdict, and prayed an appeal, which was allowed by one of the judges of this court.

Perry lost thirty or forty of his hogs which ranged back of Friend’s field, a neighbor of his. Friend found a hog freshly killed, at the back of his field, and Bass, with a gun, and Ware standing by it. The hog was in Perry’s mark, and fat; but no witness swore that it was of any value; at least the bill of exceptions fails to show that there was any evidence of the value of the hog.

Without evidence that the value of the hog exceeded $2, the accused could not be punished by imprisonment in the penitentiary. *Acts of 1874-5, p.*112.

The judgment is reversed, and the case remanded for a new trial.
# FILED January 27, 1998 Cecil W. Crowson Appellate Cou rt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT NASHVILLE MAY SESSION, 1997 MONROE BROWN, ) C.C.A. NO. 01C01-9607- CR-00305 ) Appe llant, ) ) ) DAVIDSON COUNTY VS. ) ) HON. THOMAS H. SHRI VER STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post Co nviction-Re lief)

FOR THE APPELLANT : FOR THE APPELLEE : DAVID I. KOMISAR JOHN KNOX WALKUP 211 Printer ’s Alley

Bldg. Attorney Generaland Reporter Ste. 400 Nashvill e, TN 37201-1414 LISA A. NAY LOR Assistant Attorney General 450 James Robertson Parkway Nashvill e, TN 37243 VICTOR S . JOHN SON Distri ct Attor ney General PAM ANDERS ON Assistant Distri ct Attor ney 222 Se cond A venue, N orth Suite 500 Nashvill e, TN 37243 ORDER FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 JERRY L . SMI TH, J UDGE- 2
- 

## ORDER
A Davidson County Criminal Court jury found Appellant Monroe Brown guilty of one count of second degree murder. As a Range II persistent offender, he received a lifesentence in the Tennessee Depart ment of Co rrections. In this appeal , Appellant presents the following issue for review: whether the trial c our t erred in dismissing Appella nt's petition fo r post-convic tion re lief. After a review of th e record, we affirm the judgment of the trial cour t pursuant to Court of Criminal Appeals R ule 20. On March 31, 1987, this Court affirmed Appellant's convicti on. State v. Monroe Brown , No. 86-221-III, David son County (Tenn. Crim. App., Nashvil le, March 31, 1987), perm. to appeal denied , (Tenn. 1987). On July 3, 1991, Appellant filed his first petition forpo st-convicti on relief. The trial court di smissed this petition, conc luding that the petition was barred by the statute of limitations. We affirmed the trial court's decision. Monroe Brown v. State , C.C.A. No. 01C01-9112-C R-00367, Davidson County (Tenn. Crim. App., Nashville, Aug ust 6, 1992), perm. t o appeal denied , (Tenn. 1992). Appellantfiled two amended petitions for post-conv iction relief on November 17, 1995. On February 9, 1996, the trial court denied both petitions. Tennessee law is well- settled in this area. Pur suant to Tenn. Code Ann. § 40- 30-102 (1990, Repl.), the statute of l imitations for the filing of a peti tion for pos tconviction relief began to run onJune 8, 1987 and ended three years later on J une 8, 1990. Appellant’s content ion concerning the reasonable doubt jury instruction allegedly given in his case does

not fall within any r

ule of law which w

ould toll the running of the statute of limitations. Moreover, a ju ry ins truction similar to the one about which Appellantcomplains was approv ed by this Court in Pettyjohn v. State , 885 S.W.2d 364, 365 (Tenn. Crim. App. 1994).- 3
- Accordin gly, we affirm the trial court's judgment pursuant to Court of Criminal Appeals Rule 20.

____________________________________ JERRY L . SMI TH, J UDGE

CONCUR:

___________________________________ PAUL G. SUMMERS, JUDGE

___________________________________ DAVID G. HAY ES, J UDGE
**EXHIBIT 31.1**
**CERTIFICATION PURSUANT TO SECTION 302 (a) OF THE SARBANES-OXLEY ACT**
I, Jack H. Brown, certify that:
1.  I have reviewed this report on Form 10-Q/A of Stater Bros. Holdings Inc.; 2.  Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3.  Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4.  The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
 a)  Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b)  Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  c)  Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
5.  The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing the equivalentfunctions):
 a)  All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  b)  Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.
Date: May 6, 2005   /s/ Jack H. Brown     Jack H. Brown  Chairman of the Board, President,  and Chief Executive Officer  (Principal Executive Officer)
Tristan HAMILTON, DOC #129942, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-1360

District Court of Appeal of Florida, Second District.

Opinion filed March 2, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
# Navy Identifies Assault Craft Unit 4 Sailor Who Died of COVID-Related Complications 

### 24 Feb 2021

On Feb. 22 Chief Hull Technician Justin Huf, age 39 of California, a U.S. Navy Sailor assigned to Assault Craft Unit (ACU) 4 based at Joint Expeditionary Base Little Creek, Va, died of COVID-related complications.

Huf began a restriction of movement on Feb. 16 after developing symptoms, tested positive for COVD-19 on Feb. 19, and was admitted to Sentara Leigh Hospital in Norfolk on Feb. 20. Huf was in the ICU at the time of his death. Sailors who were in contact with Huf have been notified and are taking the appropriate precautions.

Our deepest condolences are with the family, friends and shipmates of Chief Petty Officer Huf during this extremely difficult time, and we ask that their privacy be respected.

ACU 4 crewmembers are supported by chaplains, embedded mental health specialists, and counselors.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 2264** 

In R e: HENRY MCKINLEY SCOTT , JR., Petitioner.

On Petition for Writ of Mandamus. (2:10

- cv - 00061

- HCM

- FBS)

Submitted : January 10, 2011 Decided: February 8 , 2011

Before KING, SHEDD, and DUNCAN , Circuit Judges.

Petition denied by un published per curiam opinion

. Henry McKinley Scott, Jr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Henry McKinley S cott, Jr., petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) petition. He seeks an order from this court directing the district court to act. We find there has been no undue delay in the district court. Accordingly, although we grant leave to proceed in forma pauperis, we deny the mandamus petition. This ruling is without prejudice to Scott’s right to file another mandamus petition in the future should there be futu re undue delay in the district court’s handling of Scott’s § 2241 petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process

. PETITION DENIED
**Exhibit 32.2**

 

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER**

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

**(ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)**

** **

I, C. Steven Guenthner,Chief Financial Officer of Almost Family, Inc. (the “Company”), certify,pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,that:

 

(1)     TheAnnual Report on Form 10-K of the Company for the annual period ended December 31,2009 (the “Report”) fully complies with the requirements of Section 13(a) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m); and

 

(2)     Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company

 

 
| Date: February 24, 2010 |   | By     | /s/  C. Steven Guenthner                                  |
|------------------------------|--------|--------|-----------------------------------------------------------|
|                         |   |   | C.  Steven Guenthner                                      |
|                         |   |   | Senior  Vice President & Chief Financial Officer |

 

 

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

 

----
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1101V

UNPUBLISHED

MAUREENA WALKER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 13, 2021

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.

Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On August 31, 2020, Maureena Walker filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

2

(the 

“Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine 

administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”)

vaccine on September 10, 2019. Petition at 1, ¶¶ 4, 25-26. Petitioner further alleges that 

she received the vaccine in the United States, that she suffered the residual effects of her 

SIRVA for more than six months, and that neither she nor any other individual has filed a 

civil action or received compensation for her SIRVA. Id. at ¶¶ 4, 29-31. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 

to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act 

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government 

Services). This means the Ruling will be available to anyone with access to the internet. In accordance 

with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, 

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that 

the identified material fits within this definition, I will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all Section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

On December 10, 2021, Respondent filed a combined Rule 4(c) Report and Proffer

in which he concedes that Petitioner is entitled to compensation in this case. 

Respondent’s Rule 4(c) Report at 1. Specifically, Respondent has “concluded that 

[P]etitioner’s claim meets the Table criteria for SIRVA.” Id. at 4. 

In view of Respondent’s position and the evidence of record, I find that 

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
Tyrone JACKSON, Appellant, v. STATE of Florida, Appellee.

No. 1D17-5198

District Court of Appeal of Florida, First District.

March 13, 2018

Tyrone Jackson, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Rowe, Ray, and Makar, JJ., concur.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MA RCH 13, 2013

NO. 03

- 09

- 00088

- CV

Barbara J. Booker, Appellant

v.

City of Austin, Appellee

APPEAL FROM 126TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICE S PURYEAR AND PEMBER TON

AFFIRMED

-- OPINION BY JUSTICE PEMBERTON

THIS CAUSE came on to be heard on the record of the court below, and the same being

considered, because it is the opinion of this Court that there was no error in the district court’s

judg ment: IT IS THEREFORE considered, adjudged and ordered that the judgment of the

district court is in all things affirmed. It is FURTHER ordered that the appellant pay all costs

relating to this appeal, both in this Court and the court below; and that thi s decision be certified

below for observance.
Rochelle DRIESSEN, etc., Appellant, v. UNIVERSITY OF MIAMI SCHOOL OF LAW, Children & Youth Law Clinic, et al., Appellees.

No. 3D17-2276

District Court of Appeal of Florida, Third District.

Opinion filed February 7, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Xavier L. LOVELACE, Appellant, v. STATE of Florida, Appellee.

No. 4D17-3539

District Court of Appeal of Florida, Fourth District.

[March 22, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
|EXHIBIT
23


Independent
Auditors Consent


The Board of DirectorsIMPATH Inc.:


We consent to the
incorporation by reference in the Registration Statements on Form S-3
(no.s 33  98916, 333-08553, 333-45921 and 333-62563) and on Form S-8
(no.s 333-09469 and 333-47689) of IMPATH Inc. of our report dated February
8, 2002, with respect to the consolidated balance sheets of IMPATH Inc. and
subsidiaries as of December 31, 2001 and 2000 and the related consolidated
statements of operations, stockholders equity and cash flows for each of
the years in the three-year period ended December 31, 2001, which report appears
in the December 31, 2001 annual report on Form 10-K of IMPATH Inc.


KPMG LLP


Short Hills, New JerseyApril 1, 2002
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SDMS DocID 552566 

CENTRAL MAINE 

POWER October 19, 2011 

Mr. Terrence Connelly 

Office of Site Remediation and Restoration Superfund Records Center 

U.S. Environmental Protection Agency SITE: 

5 Post Office Square, Suite 100 BREAK: f- l 

Mail Code OSRR07-1 OTHER- TrM/l T 

Boston, MA 02109-3912 ^-J-A-il>0_ 

RE: O'CONNOR COMPANY SUPERFUND SITE 

INSPECTION REPORT - October 2011 

Dear Mr. Connelly: 

f o

 C l me

,

d [S rl° O P y

 ° f ins P

ectio n o f th e

 O'Connor Company Superfund Site carried out on October 

19, 2011. This inspection was conducted in accordance with the Operations and Maintenance Plan dated 

October 2009. 

The site is in very good condition. The cover vegetation is thick and healthy. The Designated Area was 

mowed this fall which allowed a good observation of the site. No signs of erosion were noted on the 

slopes or drainage ditches, although one area appeared to have some shallow depressions probably 

caused by the mower tractor. This area will be repaired this fall. 

If you have any questions on this inspection, please contact me. 

Roy Af Roster, P.E. 

Project Coordinator 

Enclosures 

cc: Claudia Sait, MDEP 

83 Edison Drive, Augusta, ME 04336 

Telephone 207.623.3521 ntl . IBERDROLA 

USA 

An equal opportunity employer 
Inspector: 

Weather: 

O'Connor Inspection Checklist 

Date: 

Time: 

MONITORING/OBSERVATION WELLS 

Well Locks 

Well Casing 

Condition Erosion 

Comments 

MW 104B AJo (ft crz>d AJo Loc k iw w % ^/-crv r !? 4 

MW 106A 

-1 A/* 

MW 106B AJ* a 

MW 501 ty (syA 

MW 502 ,J 

MW 503 Ajt 

MW 507A 

MW 508B 

OW 201B 

OW 202B 

1/ 4 A), 

OW 302B 

RW 101 J 

Follow Up Action Required: 

AJi^LJL 

10/19/2011 
Designated Area 

Boundary Markers Condition Comments 

PTA 

PTB 

PTC (AC 

PTD 

PTE tfl<-

PTF Ma 

PTG 

PTH 

PTI 

PTJ (SicFollow Up Action Required: 

Surface Soils 

CONDITION LOCATION (MARK ON ATTACHED MAP) 

Excessive Settlement - Ponding AJo 

Erosion Rills 

Vegetation - Stressed or Sparse 

Animal Burrows 

Tree and Shrub Encroachment on 

Designated Area 
Access Road 

Feature Condition Comments 

Excessive Rutting 

Erosion, Sloughing of Shoulders AJ* 

Other 

Follow Up Action Required: 

CULVERTS AND SURFACE DRAINAGE 

Location Condition Comments 

Upland Marsh Culvert - Primary 

Upland Marsh Culvert - Overflow JUL 

Upper Lagoon Culvert Outlet (PC. 

Swale Upper to Lower Lagoon 

Lower Lagoon Culvert Outlet 

Drainage Lower Lagoon to Riggs Brook 

Follow Up Actions Required: 

UPLAND MARSH AND LAGOONS 

Location Feature Condition Comments 

Upland Marsh Side Slopes 

Vegetation 

Upper Lagoon 

Side Slopes 

Vegetation 

Lower Lagoon 

Side Slopes 

Vegetation 

Follow Up Actions Required: 
OTHER OBSERVATIONS/RECOMMENDED ACTIONS 

Q"CHECK HERE IF ADDITIONAL INFORMATION IS ATTACHED 

10/19/2011 

O'Connor Site 

October 2011 
O'Connor Site 

October 2011 

Photo 4 - Lower Lagoon 
O'Connor Site 

October 2011 

Photo 5 - Slope East of TWA II 

Photo 6 - Drainage Upper to Lower Lagoon 
O'Connor Site 

October 2011 

Photo 7-TWA II Wells
# NSA Souda Bay Receives COVID Vaccine

## From Joel Diller 

NAVAL SUPPORT ACTIVITY SOUDA BAY, Greece (Jan. 11, 2021) – Naval Support Activity Souda Bay, Greece, received an initial allocation of Moderna COVID-19 vaccines on Jan. 9.Initial doses of the vaccine were administered in accordance with the Department of Defense (DoD) phase-driven vaccine distribution plan to vaccinate U.S. military and civilian personnel in a prioritized order. The first group of personnel vaccinated included those providing direct medical care and maintaining essential security and installation functions.“Getting the COVID-19 vaccine is our best weapon at stopping COVID in its tracks,” said Navy Capt. Rafael C. Facundo, NSA Souda Bay’s Commanding Officer. “It will protect you, your shipmates, and your families. I will get vaccinated when it is my turn to receive the vaccine, and I encourage everyone on Team Souda to get the vaccine when it is offered.”Facundo said after the initial distribution, and as more vaccine becomes available, additional personnel will have access to the vaccine.Cmdr. Christopher Worley, senior medical officer, said, “The data we have tells us that the COVID-19 vaccine is safe and it is effective. I got it because I know that it is my best defense against the coronavirus.”Worley said because it will take time to get everyone vaccinated, it is important to continue to wear appropriate masks, practice physical distancing, and wash hands frequently, even after receiving the vaccine.Facundo said receiving the COVID-19 vaccine is voluntary at this time and reiterated that the NSA Souda Bay community is still required to follow host nation and DoD guidance regarding face coverings, social/physical distancing, and group gatherings.Experts at the Centers for Disease Control and Prevention (CDC) note that the COVID-19 vaccines have been shown to be highly effective at preventing the coronavirus. Clinical trials have shown they are safe and effective, and the known and potential benefits outweigh the known and potential risks of COVID-19 vaccines, which is why they were issued an Emergency Use Authorization (EUA) by the U.S. Food and Drug Administration (FDA).For more information about the DOD’s latest information about COVID-19 and the vaccine distribution plan, visit: https://www.defense.gov/Explore/Spotlight/Coronavirus/NSA Souda Bay is an operational ashore base that enables U.S., allied, and partner nation forces to be where they are needed when they are needed to ensure security and stability in Europe, Africa, and Southwest Asia.
Christopher SECKINGTON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-2623

District Court of Appeal of Florida, Fifth District.

Decision filed December 12, 2017 Rehearing Denied February 27, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Larry BELCHER, Appellant/Cross-Appellee, v. OLD DOMINION FREIGHT LINE, INC., and Gallagher Bassett Services, Appellees/Cross-Appellants.

No. 1D17-3185

District Court of Appeal of Florida, First District.

February 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.