alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The State of TexasAppellee/s

Fourth Court of Appeals

San Antonio, Texas

April 28, 2015

No. 04-14-00879-CR

Matthew Douglas HAYES,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 437th Judicial District Court, Bexar County, Texas

Trial Court No. 2013CR10842W

Honorable Lori I. Valenzuela, Judge Presiding

ORDER

Appellant, Matthew Hayes, entered into a plea agreement in two separate cause numbers 

whereby he pled guilty to two charges of aggravated robbery with a deadly weapon under each 

cause number (for a total of four counts). Hayes subsequently perfected two separate appeals 

under each of the two cause numbers: 04-14-878-CR (878 appeal) and 04-14-879-CR (879 

appeal). 

On April 1, 2015, the State filed a notice and motion for correction in both appeals, in 

which it asserted Hayes waived his right to appeal in the 878 appeal as part of his plea bargain. 

The State asserted that although the trial court admonished Hayes regarding waiver of his right to 

appeal, the form signed by the trial court is ambiguous, in that the trial court’s marking appears 

in the space between that granting permission to appeal and that stating there is no right to 

appeal. The State requested this court obtain a corrected certification from the trial court 

indicating appellant has no right to appeal in the 878 appeal. 

Appellant responded to the State’s motion on April 20, 2015. In his response, appellant 

asserts the trial court granted permission to appeal in the 879 appeal, and thereby intended to and 

did grant permission to appeal in the 878 appeal as well. 

Review of the Clerk’s Record in the 878 appeal reveals the trial court’s form titled 

“Certification of Defendant’s Right to Appeal” is ambiguous as to Cause Number 2013-CR10841W. As the State asserts, this Court cannot determine which box the trial court intended to 

mark. 
For this reason, the State’s Motion for Correction and Motion to Abate filed in both 

appeals, the 878 appeal and the 879 appeal is GRANTED. The trial court is ORDERED to file a 

supplemental clerk=s record in this court in the 878 appeal, no later than May 12, 2015, which 

shall include a corrected “Certification of Defendant’s Right of Appeal” as to Cause Number 

2013-CR-10841W and which clearly indicates whether the trial court grants Hayes permission to 

appeal or whether there is no right to appeal. 

All deadlines in the 878 appeal and the 879 appeal are abated until the supplemental 

clerk’s record is received in the 878 appeal.

_________________________________

Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 28th day of April, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
No. 11-1272.

#### Jackson *v.*Mecosta County Medical Center et al.

Ct. App. Mich. Certiorari denied.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8629 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 8629

     To require employee consent for any deferral of payroll taxes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2020

 Mr. Connolly (for himself, Mr. Beyer, Ms. Wexton, Mr. Raskin, and Mr. 
    Costa) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
     To require employee consent for any deferral of payroll taxes.

    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 ``Protecting Employees from Surprise 
Taxes Act of 2020''.

SEC. 2. REQUIREMENT OF EMPLOYEE CONSENT FOR ANY DEFERRAL OF PAYROLL 
              TAXES.

    (a) In General.--In the case of an employee of any employer, 
including any Federal Government employer, the withholding and payment 
of the tax imposed by section 3101(a) of the Internal Revenue Code of 
1986, and so much of the tax imposed by section 3201 of such Code as is 
attributable to the rate in effect under such section 3101(a), with 
respect to such employee shall not be deferred pursuant to section 
7508A of such Code for any pay period ending after the date of the 
enactment of this Act, unless the employee provides written consent to 
such deferral to the employer.
    (b) Liability for Failure To Remit Taxes.--In the case of any 
employee who does not provide the written consent required under 
subsection (a), the employer of such employee shall be solely liable 
according to the rules of the Internal Revenue Code of 1986 for any 
failure to withhold and remit the taxes described in such subsection.
    (c) Notice.--Each employer who participates in any deferral of the 
withholding and payment of the taxes imposed by sections 3101(a) and 
3201 of the Internal Revenue Code of 1986 pursuant to section 7508A of 
such Code shall provide notice, in such manner as the Secretary of the 
Treasury (or the Secretary's delegate) may prescribe as soon as 
possible after the date of the enactment of this Act, to each employee 
of the employer of the employee's right to provide or withhold written 
consent under this section, and of the future tax liability which would 
be incurred as a result of providing consent to the deferral of such 
taxes.
                                 <all>
```
<PAGE>

                                                                   Exhibit 23.3

                      CONSENT OF INDEPENDENT ACCOUNTANTS


    We hereby consent to the use in this Amendment No. 1 to the Registration
Statement on Form S-4 (No. 333-103149) of Plains Exploration & Production
Company of our report dated March 10, 2003, relating to the consolidated
financial statements of Plains Exploration and Production Company, which
appears in such Registration Statement. We also consent to the reference to us
under the heading "Experts" in such Registration Statement.


PRICEWATERHOUSECOOPERS LLP

Houston, Texas

March 25, 2003


                                      1
<PAGE>

                       SECURITIES AND EXCHANGE COMMISSION
                              WASHINGTON, DC 20549

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

                                    FORM 8-K

                                 CURRENT REPORT

                     PURSUANT TO SECTION 13 OR 15(d) OF THE

                         SECURITIES EXCHANGE ACT OF 1934


        Date of report (Date of earliest event reported): November 12, 2002


                           HANOVER COMPRESSOR COMPANY
               (Exact Name of Registrant as Specified in Charter)

            Delaware                     1-13071                 76-0625124
(State or Other Jurisdiction        (Commission File           (IRS Employer
        of Incorporation)                Number)            Identification No.)

      12001 North Houston Rosslyn
         Houston, Texas                                            77086
(Address of Principal Executive Offices)                         (Zip Code)

       Registrant's telephone number, including area code: (281) 447-8787


<PAGE>

Item 5.   Other Events.

On November 12, 2002, Hanover Compressor Company was informed by our largest
stockholder, GKH Investments, L.P. ("GKH"), that GKH has advised its limited
partners that it is extending the winding-up process of the Partnership for an
additional twelve months from January 25, 2003 until January 25, 2004. A copy of
the letter sent by GKH to the Company is attached to this report as Exhibit
99.1.

<PAGE>

Item 7.  Financial Statements and Exhibits

         (a)      Financial Statements of Business Acquired.

                  Not applicable.

         (b)      Pro Forma Financial Information.

                  Not applicable.

         (c)      Exhibits.

         99.1     Letter from GKH Partners, L.P. to Mark S. Berg, Senior Vice
                  President and General Counsel of Hanover Compressor Company
                  dated November 12, 2002.

<PAGE>

                                   SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.

                                        HANOVER COMPRESSOR COMPANY

Date:  November 14, 2002                By:    /s/ Mark S. Berg
                                           ---------------------------------
                                           Name:  Mark S. Berg
                                           Title: Senior Vice President-
                                                  General Counsel

<PAGE>

                                      EXHIBIT INDEX

Exhibit
Number            Description
-------           -----------

99.1      Letter from GKH Partners, L.P. to Mark S. Berg, Senior Vice President
          and General Counsel of Hanover Compressor Company dated November 12,
          2002.
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               DEC-31-1999
<CASH>                                        10100464
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                   86763559
<INVESTMENTS-CARRYING>                         2751292
<INVESTMENTS-MARKET>                           2694346
<LOANS>                                      183931793
<ALLOWANCE>                                    1993132
<TOTAL-ASSETS>                               295499573
<DEPOSITS>                                   223830690
<SHORT-TERM>                                  42689852
<LIABILITIES-OTHER>                            3486861
<LONG-TERM>                                    6036000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       4002154
<OTHER-SE>                                    15454016
<TOTAL-LIABILITIES-AND-EQUITY>               295499573
<INTEREST-LOAN>                               10236015
<INTEREST-INVEST>                              4090579
<INTEREST-OTHER>                                 51560
<INTEREST-TOTAL>                              14378154
<INTEREST-DEPOSIT>                             6336976
<INTEREST-EXPENSE>                             7508568
<INTEREST-INCOME-NET>                          6869586
<LOAN-LOSSES>                                   475000
<SECURITIES-GAINS>                                3022
<EXPENSE-OTHER>                                5903874
<INCOME-PRETAX>                                2279463
<INCOME-PRE-EXTRAORDINARY>                     2279463
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   1482366
<EPS-BASIC>                                       1.77
<EPS-DILUTED>                                     1.76
<YIELD-ACTUAL>                                    3.52
<LOANS-NON>                                    1265000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                               1165000
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               1715068
<CHARGE-OFFS>                                   228306
<RECOVERIES>                                     31370
<ALLOWANCE-CLOSE>                              1993132
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        1993132


</TABLE>
Exhibit 32.2

Certification Pursuant to 18 U.S.C. Section 1350


	Pursuant to 18 U.S.C. Section 1350, the undersigned officer of Harold's
Stores, Inc. (the "Company"), hereby certifies that the Company's
Quarterly Report on Form 10-Q for the quarter ended May 1, 2004 (the
"Report") fully complies with the requirements of Section 13(a) or
15(d), as applicable, of the Securities Exchange Act of 1934 and that
the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.

Date:  June 15, 2004
/s/Jodi L. Taylor

Jodi L. Taylor
Chief Financial Officer
No. 11-1013.

#### Salessi *v.*Wachovia Mortgage, FSB, et al., *947Harman et vir *v.*Datte et al., Jackson *v.*Fuji Photo Film, Inc., et al., Wright *v.*Old Castle Glass Inc. et al., Viray *v.*Smith, Warden, et al., Wingo *v.*City of South Bend, Indiana, Arafat *v.*Ibrahim, Bolgar *v.*Glen Donald Apartments, Inc., In re Hien Anh Dao, Beasley *v.*United States, Best *v.*United States, Jones *v.*United States,

*946566 U. S. 962;

*947No. 11-1014.

No. 11-1064.

No. 11-5843.

No. 11-8899.

No. 11-8916.

No. 11-8983.

No. 11-9014.

No. 11-9091.

No. 11-9233.

No. 11-9276.

No. 11-9592.

566 U. S. 962;

566 U. S. 974;

565 U. S. 965;

566 U. S. 947;

566 U. S. 965;

566 U. S. 976;

566 U. S. 977;

566 U. S. 985;

566 U. S. 952;

566 U. S. 953; and

566 U. S. 980. Petitions for rehearing denied.
# Third District Court of Appeal

State of Florida

Opinion filed May 25, 2016.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D16-488

Lower Tribunal No. 02-23944

________________



### Martin Jay Walters

, Petitioner,

vs.



### The State of Florida

, Respondent

.

A case of original jurisdiction

– Habeas Corpus

Martin Jay Walters, in proper person.

Pamela Jo Bondi, Attorney General, for respondent.

Before SUAREZ, C.J., and WELLS and SHEPHERD, JJ.

SUAREZ, C.J.

Following review of Martin Jay Walters’ petition for writ of habeas corpus,

it is ordered that said petition is successive and hereby denied.ORDER TO SHOW CAUSE

Furthermore, as it appears that Mr. Walters has submitted multiple pro se

post-conviction appeals, 1 we order Mr. Walters to show good cause within thirty

(30) days why he should not be prohibited from filing with this Court any further

pro se appeals, petitions, motions or other proceedings related to his criminal

sentencing in circuit court case number F02-23944.

We must balance Mr. Walters’ pro se right of access to courts with the

Court’s need to devote its finite resources to legitimate appeals, recognizing the

seriousness of the sanction when the litigant is a criminal defendant. State v.

Spencer

, 751 So. 2d 47, 48 (Fla. 1999). After this order to show cause and giving

Mr. Walters an opportunity to respond, this Court may prevent such further filings.

See id.

Petition denied.

1 Post-conviction appeals filed by the defendant include: Walters v. State

, No.

3D16-171, 2016 WL 803441 (Fla. 3d DCA Mar. 2, 2016); Walters v. State

, 130

So. 3d 1288 (Fla. 3d DCA 2014); Walters v. State

, 121 So. 3d 560 (Fla. 3d DCA

2013); Walters v. State

, 107 So. 3d 422 (Fla. 3d DCA 2013); Walters v. State

, 86

So. 3d 1134 (Fla. 3d DCA 2012); Walters v. State

, 72 So. 3d 764 (Fla. 3d DCA

2011); Walters v. State

, 20 So. 3d 859 (Fla. 3d DCA 2009); Walters v. State

, 985

So. 2d 545 (Fla. 3d DCA 2008); Walters v. State

, 995 So. 2d 975 (Fla. 3d DCA

2008); Walters v. State

, 959 So. 2d 269 (Fla. 3d DCA 2007).

2
No. D-2635.

#### In re Disbarment of McAllister.

Disbarment entered. [For earlier order herein, see 566 U. S. 931.]
Submitted December 19, 2016,

reversed February 8, 2017

#### In the Matter of L. J. L., a Person Alleged to have a Mental Illness. STATE OF OREGON, *Respondent, v.*L. J. L., *Appellant.*

Deschutes County Circuit Court

16CC04723; A162854

388 P3d 1249

Joseph DeBin and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Keith L. Kutler, Assistant Attorney General, filed the brief for respondent.

Before Sercombe, Presiding Judge, and Flynn, Judge, and DeHoog, Judge.

*645PER CURIAM

Appellant seeks reversal of an order committing him to the Oregon Health Authority for a period not to exceed 180 days, raising two assignments of error. *See*ORS 426.130. Specifically, in his first assignment, appellant contends that the trial court erred in finding that he had a mental illness. In his second assignment of error, he asserts that the court erred in denying his motion to dismiss the case when he had been held more than five judicial days without a hearing. *See*ORS 426.232. As the state concedes, defendant’s second assignment of error is well taken.

As we have explained,

> “[u]nder ORS 426.232(2), a physician may detain a person for emergency care or treatment for mental illness, provided that the physician immediately notifies certain specified local mental health personnel. However, the person may not be held for longer than five judicial days without a hearing except in certain circumstances. ORS 426.232(2); ORS 426.234(4); ORS 426.095(1). *See State v. A. E. B.,*196 Or App 634, 635, 106 P3d 647 (2004) (so explaining).”

*State v.*W. *B. R.,*282 Or App 727, 728, 387 P3d 482 (2016).

Here, appellant was detained on July 24, 2016, and the commitment hearing was held on August 4, 2016, more than five judicial days later. Appellant moved to dismiss the case as a result, and the court denied the motion. “Although ORS 426.095(2)(c) permits a ‘good cause’ postponement of a commitment hearing past the five-day judicial deadline, that procedure is available only ‘when requested’ by certain parties and only ‘to allow preparation for the hearing.’” *Id.*That is not what happened in this case. Under the circumstances, the state “concedes that the trial court should have dismissed appellant’s mental commitment case because it did not provide appellant a hearing within five judicial days of the date of appellant’s detention.” We agree, accept the state’s concession, and reverse. Accordingly, we do not address appellant’s first assignment of error.

Reversed.
(logo) BERKADIA

 

 

 

 

 

 

Annual Statement as to Compliance For the Calendar Year 2017

 

*Morgan Stanley Bank of America Merrill Lynch Trust, Series 2015-C21*

** 

Pursuant to Section 3.01 (13.9) of the Subservicing Agreement governing the referenced transaction (the “Servicing Agreement”), I hereby attest that:

 

i.                    A review of the activities and performance of Berkadia as Subservicer during the calendar year has been made under mysupervision.

 

ii.                 To the best of my knowledge, based on such review, Berkadia as Subservicer has fulfilled, in all material respects, its obligations under this Subservicing Agreement throughout the calendar year and no default by the Subservicer under the Subservicing Agreement has occurred and iscontinuing.

 

Berkadia,
#### Harry Johnson, as Administrator, v. F. S. Buffum, Inc.

152 So. 711.

Division B.

Decision Filed February 12, 1934.

*Evan Evans,*for Plaintiff in Error;

*John C. Cooper, Jr., J. Henson Markham*and *Knight, Adair, Cooper & Osborne,*for Defendant in Error.

Per Curiam.

— This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the

said judgment of the circuit court be, and the same is hereby affirmed.

Whitfield, P. J., and Brown and Buford, J. J., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                            <C>
<PERIOD-TYPE>                  YEAR
<FISCAL-YEAR-END>                Jan-01-1997
<PERIOD-END>                     Dec-31-1997
<EXCHANGE-RATE>                            1
<CASH>                             3,160,000
<SECURITIES>                               0
<RECEIVABLES>                        280,000
<ALLOWANCES>                               0
<INVENTORY>                                0
<CURRENT-ASSETS>                   2,666,000
<PP&E>                            15,077,000
<DEPRECIATION>                             0
<TOTAL-ASSETS>                    21,183,000
<CURRENT-LIABILITIES>              6,024,000
<BONDS>                            8,345,000
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                0
<COMMON>                         108,568,000
<OTHER-SE>                      (101,754,000)
<TOTAL-LIABILITY-AND-EQUITY>      21,183,000
<SALES>                           41,787,000
<TOTAL-REVENUES>                  42,529,000
<CGS>                              5,993,000
<TOTAL-COSTS>                      8,471,000
<OTHER-EXPENSES>                     108,000
<LOSS-PROVISION>                           0
<INTEREST-EXPENSE>                 2,653,000
<INCOME-PRETAX>                   31,297,000
<INCOME-TAX>                               0
<INCOME-CONTINUING>               31,297,000
<DISCONTINUED>                             0
<EXTRAORDINARY>                            0
<CHANGES>                                  0
<NET-INCOME>                      31,297,000
<EPS-PRIMARY>                           3.27
<EPS-DILUTED>                           3.27
        

</TABLE>