alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of Louisiana v. Anthony MITCHELL

NO. 2018-KK-0499

Supreme Court of Louisiana.

June 15, 2018

**ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS**

Writ denied.

WEIMER, J., would grant.

HUGHES, J., would grant.

GENOVESE, J., would grant and assigns reasons.

GENOVESE, J., would grant and assigns reasons:

*1035In this misdemeanor case, after conducting a bench trial, the trial judge found the defendant guilty. Defendant then filed a motion for new trial and a "Motion to Reconsider Verdict and Enter Judgment of Acquittal." Upon reconsideration, the trial judge stated, "I find that the State failed to meet the burden that the defendant was guilty beyond a reasonable doubt, and I set aside my ruling and find the defendant not guilty...." The state applied for writs and the court of appeal, in a split decision, granted the state's writ, ruling that "the motion to reconsider verdict and enter a verdict of not guilty was procedurally improper."

I disagree with the majority's denial of this writ and find the court of appeal's reversal of the trial court in this case an erroneous interpretation of law.

The trial judge's reversal of her own decision prior to sentencing was procedurally proper. The trial judge's ruling was tantamount to a judgment of acquittal, and a judgment of acquittal is recognized not once, but twice, in the Code of Criminal Procedure. La.Code Crim.P. art. 778 and 821.

Because this was a bench trial, the proper procedural vehicle for a judge to change his/her ruling prior to sentencing would be the granting of a motion for acquittal pursuant to La.Code Crim.P. art. 778, which the judge can do, even on its own motion. The trial judge, under those circumstances, could even employ La.Code Crim.P. art. 821, and grant a "post verdict judgment of acquittal," provided a motion for same is made. Though there was no "verdict" in this bench trial, and though La.Code Crim.P. art. 821 is listed in "Chapter 3. TRIAL BY JURY," article 820 in that chapter makes the provisions of the chapter applicable to cases tried without a jury.

The court of appeal erred in ruling that the trial judge's action was procedurally improper. The trial judge was well within her legal authority to change her mind before sentencing and grant, on her own motion, what is tantamount to a motion of acquittal specifically pursuant to La.Code Crim.P. art. 778.

Thus, I would grant the defendant's writ, reverse the court of appeal, and reinstate the trial court's acquittal.
#### Andrew RIGGLE Plaintiff-Appellant v. VALERO; American Enterprise Property; Does 1-5 Defendants-Appellees

No. 16-3196

United States Court of Appeals, Eighth Circuit.

Submitted: April 11, 2017

Filed: April 14, 2017

William Robert Harris, Jr., Harris Law Office, Omaha, NE, Judith Ann Wells, Law Office of Judith A. Wells, Omaha, NE, for Plaintiff-Appellant

Kramer L. Lyons, O’Neill & Heinrich, Lincoln, NE, for Defendants-Appellees Va-lero, Does 1-5

Kramer L. Lyons, Adam Prochaska, O’Neill & Heinrich, Lincoln, NE, for De~ fendant-Appellee American Enterprise Property

Before GRUENDER, ARNOLD, and BENTON, Circuit Judges.

PER CURIAM.

Andrew Riggle appeals the district court’s1 dismissal with prejudice, for lack of standing, of his complaint under the Americans with Disabilities Act, 42 U.S.C. § 12101 (ADA). Having jurisdiction under 28 U.S.C. § 1291, this court affirms, but modifies the dismissal to be without prejudice. *See Cty. of Mille Lacs v. Benjamin,*361 F.3d 460, 464-65 (8th Cir. 2004) (modifying judgment to be without prejudice because dismissal for lack of jurisdiction was not adjudication on merits).

This court agrees that Riggle lacked standing to bring an ADA claim because he did not show how the challenged conduct injured him personally, based.on his alleged disability. *See Steger v. Franco, Inc.,*228 F.3d 889, 892 (8th Cir. 2000) (Article III standing requires plaintiff to show (1) injury-in-fact, (2) causal relationship between injury and challenged conduct, and (3) that injury likely would be redressed by favorable decision; injury-in-fact is harm that is concrete and particularized, or actual or imminent, not conjectural or hypothetical).

The judgment is affirmed, but the dismissal is modified to be without prejudice. *See*8th Cir. R. 47B.

1

. The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.
EXHIBIT
31.1
 
 RULE
13a-14(a) CERTIFICATION
 
 I,
Charles Deisbeck, certify that:
 
 1.         
   I have reviewed this annual report on Form 10-KSB/A of Breda
Telephone Corp.;
 
 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 small business
issuer as of, and for, the periods presented in this report;
 
 4.          
  The small business issuer's other certifying officer(s) 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 small
business issuer 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 small business issuer, 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 small business issuer'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 small business issuer's internal control over
financial reporting that occurred during the small business issuer's most recent
fiscal quarter (the small business issuer's fourth fiscal quarter in the case of
an annual report) that has materially affected, or is reasonably likely to
materially affect, the small business issuer's internal control over financial
reporting; and
 
 5.           
 The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of the small business issuer'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 small business issuer'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 small business issuer's internal control over
financial reporting.
 
 Date:  December
14, 2009.
 
 /s/ Charles DeisbeckCharles
      Deisbeck, Chief Executive
Officer







E-1
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001085082
<NAME>                        ePHONE Telecom, Inc.
<MULTIPLIER>                  1
<CURRENCY>                    US DOLLARS

<S>                          <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>              DEC-31-1999
<PERIOD-START>                 JAN-01-1999
<PERIOD-END>                   DEC-31-1999
<EXCHANGE-RATE>                         1
<CASH>                             82,747
<SECURITIES>                            0
<RECEIVABLES>                           0
<ALLOWANCES>                            0
<INVENTORY>                             0
<CURRENT-ASSETS>                  351,947
<PP&E>                            157,541
<DEPRECIATION>                     32,072
<TOTAL-ASSETS>                    477,421
<CURRENT-LIABILITIES>             706,894
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                           13,171
<OTHER-SE>                       (316,302)
<TOTAL-LIABILITY-AND-EQUITY>      477,421
<SALES>                                 0
<TOTAL-REVENUES>                        0
<CGS>                                   0
<TOTAL-COSTS>                           0
<OTHER-EXPENSES>                1,591,354
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                      0
<INCOME-PRETAX>                         0
<INCOME-TAX>                            0
<INCOME-CONTINUING>                     0
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                   (1,591,354)
<EPS-BASIC>                          .144
<EPS-DILUTED>                        .144


</TABLE>
[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Page 6223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02191]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #17328 and #17329; Hawaii Disaster Number HI-
00067]


Administrative Declaration of a Disaster for the State of Hawaii

AGENCY: Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a notice of an Administrative declaration of a 
disaster for the State of HAWAII dated 01/28/2022.
    Incident: Severe Storms, Flooding and Landslides.
    Incident Period: 12/05/2021 through 12/10/2021.

DATES: Issued on 01/28/2022.
    Physical Loan Application Deadline Date: 03/29/2022.
    Economic Injury (EIDL) Loan Application Deadline Date: 10/28/2022.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW, 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the Administrator's disaster declaration, applications for disaster 
loans may be filed at the address listed above or other locally 
announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Areas: City and County of Honolulu, Maui.
Contiguous Counties:
    Hawaii:
    Kalawao.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Homeowners with Credit Available Elsewhere.................      2.875
  Homeowners without Credit Available Elsewhere..............      1.438
  Businesses with Credit Available Elsewhere.................      5.660
  Businesses without Credit Available Elsewhere..............      2.830
  Non-Profit Organizations with Credit Available Elsewhere...      1.875
  Non-Profit Organizations without Credit Available Elsewhere      1.875
For Economic Injury:
  Businesses & Small Agricultural Cooperatives without Credit      2.830
   Available Elsewhere.......................................
  Non-Profit Organizations without Credit Available Elsewhere      1.875
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 17328 6 
and for economic injury is 17329 0.
    The State which received an EIDL Declaration # is Hawaii.

(Catalog of Federal Domestic Assistance Number 59008)

Isabella Guzman,
Administrator.
[FR Doc. 2022-02191 Filed 2-2-22; 8:45 am]
BILLING CODE 8026-03-P
**Exhibit31.1**

 

**CERTIFICATIONS**

 

I, Allen J. Bernstein, certifythat:

 

1.               Ihave reviewed this quarterly report on Form 10-Q of Morton’s Restaurant Group,Inc.;

 

2.               Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

(a) Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b) Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c) Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.               Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

 

(a) All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

(b) Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

Date:  August 17, 2004

 
|   | /s/  ALLEN J. BERNSTEIN  |   |
|--------|--------------------------|--------|
|   | Allen  J. Bernstein      |
|   | Chief  Executive Officer |

 

----
JPMORGAN CHASE BANK, N.A., Appellant(s)/Petitioner(s), v. Pedro Alberto TORRES, et al., Appellee(s)/Respondent(s),

CASE NO.: 3D17-2429

District Court of Appeal of Florida, Third District.

NOVEMBER 21, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       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.                  

###### Securities and Exchange Commission

# TIME AND DATE:

 3:00 p.m. on Thursday, February 17, 2022.

# PLACE:

 The meeting will be held via remote means and/or at the Commission's headquarters, 100 F Street NE, Washington, DC 20549.

# STATUS: 

This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED:

                         Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain                               ( print page 8305)                            staff members who have an interest in the matters also may be present.                    

                        In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission's website at                         *https://www.sec.gov.*

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.

The subject matter of the closed meeting will consist of the following topics:

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings;

Resolution of litigation claims; and

Other matters relating to examinations and enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting agenda items that may consist of adjudicatory, examination, litigation, or regulatory matters.

# CONTACT PERSON FOR MORE INFORMATION:

 For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551-5400.

*Authority:*5 U.S.C. 552b.                    

Dated: February 10, 2022.

Vanessa A. Countryman, 

Secretary.

[FR Doc. 2022-03244 Filed 2-10-22; 4:15 pm]

BILLING CODE 8011-01-P
EXHIBIT 99.1



STATEMENT OF CHIEF EXECUTIVE OFFICER OF

CRESCENT BANKING COMPANY

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Crescent Banking Company (the Company) on Form 10-Q/A
for the period ended March 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, J. Donald Boggus, Jr., Chief Executive Officer of the Company, do hereby certify, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 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 results of operations of the Company.
| | -- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                          
|--------------------------------------------------------------------------
|/s/    J. DONALD BOGGUS,
JR.                                              
|J. Donald Boggus, Jr. President and Chief Executive Officer April
15, 2003



STATEMENT OF CHIEF FINANCIAL OFFICER OF

CRESCENT BANKING COMPANY

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of
Crescent Banking Company (the Company) on Form 10-Q/A for the period ended March 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Leland W. Brantley, Jr., Chief Financial
Officer of the Company, do hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Company.
| | -- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                              
|--------------------------------------------------------------
|/s/    LELAND W. BRANTLEY,
JR.                                
|Leland W. Brantley, Jr. Chief Financial Officer April 15,
2003
<PAGE>

                                                                    EXHIBIT 99.1


                             CERTIFICATE 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 of 3CI Complete Compliance Corporation
(the "Company") on Form 10-Q/A for the period ending March 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Otley L. Smith III, President of the Company, and I, James A. Cole, Chief
Financial Officer, 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 the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.


/s/ Otley L. Smith III
-------------------------------
Otley L. Smith III
President
May 22, 2003

/s/ James A. Cole
-------------------------------
James A. Cole
Chief Financial Officer
May 22, 2003
IIB 

118TH CONGRESS 

2D SESSION H. R. 6160 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2024 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To amend the Public Health Service Act to reauthorize a 

lifespan respite care program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


ssavage on LAPJG3WLY3PROD with BILLS
2 

HR 6160 RFS

1 SECTION 1. REAUTHORIZATION OF LIFESPAN RESPITE 

2 CARE PROGRAM. 

3 Section 2905 of the Public Health Service Act (42 

4 U.S.C. 300ii–4) is amended by striking ‘‘fiscal years 2020 

5 through fiscal year 2024’’ and inserting ‘‘fiscal years 2025 

6 through 2029’’. 

Passed the House of Representatives September 17, 

2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


ssavage on LAPJG3WLY3PROD with BILLS