alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Mark Konsistorum, Appellant.

[769 NYS2d 901]

*395Judgment, Supreme Court, New York County (John Bradley, J.), rendered April 8, 2002, convicting defendant, after a jury trial, of burglary in the third degree, grand larceny in the fourth degree and criminal impersonation in the first degree, and sentencing him to an aggregate term of 2 to 6 years, unanimously affirmed.

To the extent that the present record permits review, it establishes that defendant received effective assistance of counsel *(see People v Benevento,*91 NY2d 708, 713-714 [1998]; *see also Strickland v Washington,*466 US 668 [1984]). Counsel presented a vigorous and coherent defense, and his alleged errors and omissions did not deprive defendant of a fair trial.

Were we to find any error in the extent to which the court permitted the prosecutor to ask leading questions on direct examination, we would find it harmless in light of the overwhelming evidence of defendant’s guilt *(see People v Crimmins,*36 NY2d 230 [1975]). The single, isolated restriction that the court placed on defendant’s cross-examination had no adverse impact on his defense *(see Delaware v Van Arsdall,*475 US 673, 678-679 [1986]).

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur—Tom, J.P., Williams, Marlow and Gonzalez, JJ.
S.L.P., O/B/O E.M.P., a minor child, Appellant, v. R.A.P., Appellee.

Case No. 2D17-3541

District Court of Appeal of Florida, Second District.

Opinion filed April 20, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
February 11, 2010 

Modeling files generated by EPA to estimate visibility improvement from our alternative 

emission control strategy for Four Corners Power Plant are available upon request. 

These modeling files are too large and numerous to post on our website and are not in an 

acceptable format to post at www.regulations.gov. 

Please send an email r9air_fcppbart@epa.gov or call Anita Lee at 415-972-3958, or Scott 

Bohning (EPA Region 9 modeler) at 415-947-4127. 

Thank you.
FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D23-2162

LT Case No. 2021-MH-015061

_____________________________

MICHAEL THOMAS PARTON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Brevard County.

Charles M. Holcomb, Judge.

Matthew J. Metz, Public Defender, and Teresa D. Sutton, 

Assistant Public Defender, Daytona Beach, for Appellant.

Michael Parton, Arcadia, pro se.

Ashley Moody, Attorney General, Tallahassee, and Douglas T. 

Squire, Assistant Attorney General, Daytona Beach, for Appellee.

February 6, 2024

PER CURIAM.

AFFIRMED.

LAMBERT, EISNAUGLE, and PRATT, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
#### Theodore JUSTICE, Plaintiff-Appellant, v. Director Exceptional Children’s Division Director William J. HUSSEY; Henderson Collegiate Charter School Co-founder Executive Director Eric Sanchez, Defendants-Appellees.

No. 16-1856

United States Court of Appeals, Fourth Circuit.

Submitted: November 17, 2016

Decided: November 21, 2016

Theodore Justice, Appellant Pro Se. Laura Ellen Crumpler, North Carolina Department of Justice, Raleigh, North Carolina; Rachel B. Hitch, Schwartz & Shaw, PLLC, Raleigh, North Carolina, for Appellees.

Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Theodore Justice appeals from the district court’s orders dismissing his complaint filed under 42 U.S.C. §§ 1983, 1985 (2012) and the Individuals with Disabilities Education Act and denying his motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Justice v. Hussey, No. 5:15-cv-00546-BO, 2016 WL 1601193 (E.D.N.C. Apr. 20 *&*July 15, 2016). We deny Justice’s motion to appoint counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED
SHONNA K. CASTILLO, CSR, RPR OFFICIAL COURT REPORTER 

### 167th DISTRICT COURT TRAVIS COUNTY, TEXAS

December 4, 2015 TO: COURT OF APPEALS, THIRD DISTRICT 

### Attn: Jeffrey D. Kyle, Clerk 

### RE: COURT OF APPEALS NOS. 03-15-00730-CR, 03-15-00731-CR, 03-15-00732- CR Trial Court Cause Numbers: D-l-DC-14-301864,14-302145, 14-302146 Meagan Work
Dear Sir, 

### I am writing to request anextension on theabove-mentioned cases. I will need a 10-day extension to complete the Reporter'sRecord. Ireceived the notice on 11-23-15 and the record was due 11-30-15. There are three and ahalffull afternoons oftestimony of 13 witnesses and 46 exhibits. I thank you for your attention to this matter. Sincerely,

/s/ Shonna K. Castillo

Shonna K. Castillo 

### Official Court Reporter 167th District Court P.O. Box 1748 Austin, TX 78767 512-854-9482 office 

### shonna.castillo@traviscountytx.gov
Exhibit 31.2


                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                  PURSUANT TO SECTION 302 OF SARBANES-OXLEY ACT

I, C. Steven Guenthner, certify that:

1. I have reviewed this Amendment No. 1 to the annual report on Form 10-K of
Almost Family, Inc.; and

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.

     Date:   April 30, 2007

BY  /s/ C. Steven Guenthner
        --------------------
        C. Steven Guenthner
        Senior Vice President & Chief Financial Officer
Exhibit 23.1






CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM






We have issued our reports dated June 17, 2011, with respect to the consolidated financial statements and internal control over financial reporting included in the Annual Report of America’s Car-Mart, Inc. on Form 10-K for the year ended April 30, 2011. We hereby consent to the incorporation by reference of said reports in the Registration Statements of America’s Car-Mart, Inc. on Forms S-8 (File Nos. 33-59519, 33-59527, 33-41960, 33-22590, 33-71090, 333-38475, 333-147915, 333-139270, 333-139269, 333-129727, 333-163022, 333-170964).









/s/ GRANT THORNTON LLP




Tulsa, OK


June 17, 2011
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<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
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<PERIOD-TYPE>                   6-MOS
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<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-28-1997
<CASH>                                              36
<SECURITIES>                                         0
<RECEIVABLES>                                   52,404
<ALLOWANCES>                                         0
<INVENTORY>                                     74,060
<CURRENT-ASSETS>                               138,432
<PP&E>                                          35,950
<DEPRECIATION>                                  19,904
<TOTAL-ASSETS>                                 182,411
<CURRENT-LIABILITIES>                          116,267
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            81
<OTHER-SE>                                      64,628
<TOTAL-LIABILITY-AND-EQUITY>                   182,411
<SALES>                                        276,116
<TOTAL-REVENUES>                               276,116
<CGS>                                          198,962
<TOTAL-COSTS>                                  271,762
<OTHER-EXPENSES>                                   507
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 455
<INCOME-PRETAX>                                  3,847
<INCOME-TAX>                                     1,307
<INCOME-CONTINUING>                              3,847
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,540
<EPS-PRIMARY>                                      .30
<EPS-DILUTED>                                      .30
        

</TABLE>
#### Larry Dean HOOPER, Petitioner-Appellant, v. VIRGINIA DEPARTMENT OF CORRECTIONS; Harold Clark; Carl Manis, Respondents-Appellees.

No. 16-6819

United States Court of Appeals, Fourth Circuit.

Submitted: October 31, 2016

Decided: November 21, 2016

*805Larry Dean Hooper, Appellant Pro Se.

Before WILKINSON, SHEDD, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Larry Dean Hooper seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Hooper has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny his motion to proceed as unnecessary, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED
#### Joseph B. LAMBERT, Plaintiff-Appellant, v. MECKLENBURG COUNTY; Dena Diorio; Chris Peek, Defendants-Appellees.

No. 16-1755

United States Court of Appeals, Fourth Circuit.

Submitted: November 17, 2016

Decided: November 21, 2016

Joseph B. Lambert, Appellant Pro Se. Richard Rainey, Womble Carlyle San-dridge & Rice, PLLC, Charlotte, North Carolina, for Appellees.

Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Joseph B. Lambert appeals the district court’s order granting the Defendants’ motion to dismiss and denying Lambert’s motion to amend his complaint as futile. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Lambert v. Mecklenburg Cty., No. 3:15—cv-00577-GCM, 2016 WL 3176593 (W.D.N.C. June 2, 2016). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

■ AFFIRMED
EXHIBIT
31.2


CERTIFICATION
 
 PURSUANT
TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
 
 I, Brion
D. Umidi, certify that:
 
 1. I have
reviewed this quarterly report on Form 10-Q of ReGen Biologics, Inc. (the
“registrant”);
 
 2. Based
on my knowledge, this quarterly 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 officers 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)) for the registrant and have:
 
 a)
Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;
 
 b)
Evaluated the effectiveness of the registrant’s disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and
 
 c)
Disclosed in this report any change in the registrant’s internal control over
financial reporting that occurred during the registrant’s most recent fiscal
quarter (the registrant’s fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant’s internal control over financial reporting; and
 
 5. The
registrant’s other certifying officers 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 the registrant’s board of
directors (or persons performing the equivalent functions):
 
 a) All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the 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 who
have a significant role in the registrant’s internal control over financial
reporting.
 
 Date: May
11, 2009
 
 By:
                /s/
      Brion D. UmidiName:
                Brion
      D. UmidiTitle:
                Senior
      Vice President andChief
      Financial Officer
<TABLE> <S> <C>
                                              
<ARTICLE>                                          5
<CIK>                                              0000883573
<NAME>                              F-1000 Futures Fund L.P. Series VIII
                                                    
<S>                                                  <C>
<PERIOD-TYPE>                                      9-MOS
<FISCAL-YEAR-END>                                  DEC-31-1996
<PERIOD-START>                                     JAN-01-1996
<PERIOD-END>                                       SEP-30-1996
<CASH>                                                         3,638,791
<SECURITIES>                                                  12,303,870
<RECEIVABLES>                                                    501,673
<ALLOWANCES>                                                           0
<INVENTORY>                                                            0
<CURRENT-ASSETS>                                              16,444,334
<PP&E>                                                                 0
<DEPRECIATION>                                                         0
<TOTAL-ASSETS>                                                16,444,334
<CURRENT-LIABILITIES>                                            729,049
<BONDS>                                                                0
<PREFERRED-MANDATORY>                                                  0
<PREFERRED>                                                            0
<COMMON>                                                               0
<OTHER-SE>                                                    15,715,285
<TOTAL-LIABILITY-AND-EQUITY>                                  16,444,334
<SALES>                                                                0
<TOTAL-REVENUES>                                                 (51,758)
<CGS>                                                                  0
<TOTAL-COSTS>                                                          0
<OTHER-EXPENSES>                                                 135,096
<LOSS-PROVISION>                                                       0
<INTEREST-EXPENSE>                                                     0
<INCOME-PRETAX>                                                 (186,854)
<INCOME-TAX>                                                           0
<INCOME-CONTINUING>                                                    0
<DISCONTINUED>                                                         0
<EXTRAORDINARY>                                                        0
<CHANGES>                                                              0
<NET-INCOME>                                                    (186,854)
<EPS-PRIMARY>                                                     (10.19)
<EPS-DILUTED>                                                          0
        

</TABLE>
PROTOCOL SYSTEMS, INC.

                        AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT

PARTIES:    Protocol Systems, Inc. ("Company")
            8500 SW Creekside Place
            Beaverton, OR 97008

            Allen L. Oyler ("Executive")
            12288 SW 131st Avenue
            Tigard, OR 97223

DATE: March 1, 2000

                                        RECITALS:

     A.    The Company and the Executive have entered into an Executive
Employment Agreement dated as of July 1, 1998 (the "Employment Agreement").

     B.    The Company and the Executive now desire to modify certain
provisions of the Employment Agreement.

     NOW, THEREFORE, for valuable consideration the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:

     1.    Capitalized terms used herein but not defined herein have their
defined meanings as set forth in the Employment Agreement.

     2.    Section 2.3 of the Employment Agreement is hereby amended and
restated in its entirety as follows:

     2.3 TERM. This Agreement shall remain in effect until the earlier of (i)
     termination pursuant to Article 4 or Article 6 of this Agreement or (ii)
     three (3) years from the date of this Agreement, provided however that if
     a Change of Control occurs within three (3) years from the date of this
     Agreement, then this Agreement shall remain in effect for two (2) years
     from the date of the first Change of Control event described in Section
     6.1.1.

     3.    Section 6.2.1 of the Employment Agreement is hereby amended and
restated in its entirety as follows:

     6.2.1 Change of Control Termination Payment.  In the event of a Change of
     Control Termination as defined in Section 6.1.2, without further action by
     the Board, the Company shall, within thirty (30) days of such termination,
     make a lump sum payment to the Executive, equal to two (2) years' Base
     Salary.

     4.    Section 6.5 of the Employment Agreement is hereby amended and
restated in its entirety as follows:

     6.5 Vesting of Stock Options. All unvested stock options held by
     Executive, if any, shall vest immediately upon a Change of Control
     Termination as defined in Section 6.1.2. Executive may exercise such
     options in accordance with the terms and conditions of the stock option
     plan and the agreement pursuant to which such options were granted.

     5.    Except as set forth and amended and restated herein, the Employment
Agreement shall remain unchanged and in full force and effect.

     IN WITNESS WHEREOF, the parties have caused this Amendment to Executive
Employment Agreement to be duly executed on the day and year first written
above.

EXECUTIVE                                 PROTOCOL SYSTEMS, INC.


____________________________________      By:__________________________________
Allen L. Oyler                            Title:_______________________________
#### AMERICA'S COLLECTIBLES NETWORK, INC., Appellant v. The JEWELRY CHANNEL, INC. USA, DBA Liquidation Channel, Appellee

2016-1521

United States Court of Appeals, Federal Circuit.

January 11, 2017

Neil C. Jones, Nelson Mullins Riley & Scarborough, LLP, Greenville, SC, argued for appellant. Also represented by Ashley Boland Summer.

Michael S. Turner, Andrews Kurth Kenyon LLP, New York, NY, argued for appellee. Also represented by James E. Rosini.

JUDGMENT

Per Curiam (Dyk, Taranto, and Hughes, Circuit Judges).

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.