alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Submitted April 11, 2016,

vacated and remanded June 28,

petition for review denied November 28, 2017 (362 Or 208)

#### GARY BRUCE PITTSLEY, *Petitioner-Appellant, v.*Mark NOOTH, Superintendent, Snake River Correctional Institution, *Defendant-Respondent.*

Malheur County Circuit Court

12069497P; A157413

396 P3d 952

Jed Peterson and O’Connor Weber LLP filed the brief for appellant.

Frederick M. Boss, Deputy Attorney General, Paul L. Smith, Deputy Solicitor General, and Dustin Buehler, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Egan, Judge, and Shorr, Judge.

*517PER CURIAM

Petitioner appeals a judgment denying his petition for post-conviction relief. The state charged petitioner by indictment with 12 criminal offenses in the underlying case, and petitioner was convicted of 10 of them. Petitioner then sought post-conviction relief, alleging, among other things, that his trial attorney provided constitutionally inadequate representation by failing to demur to the indictment. Specifically, petitioner contended that ORS 132.560 requires an indictment charging a defendant with multiple offenses to allege the basis for joinder of the offenses and that the indictment in his criminal case did not do that. The post-conviction court denied relief on that claim, concluding that the demurrer would have been denied because ORS 132.560 does not require the state to allege the basis for joinder in the indictment. Accordingly, the post-conviction court entered a judgment denying the petition, and petitioner appealed, challenging only the denial of relief on counsel’s failure to file a demurrer to the indictment.

Since the entry of the post-conviction judgment in this case, we have concluded that ORS 132.560 requires the state “to allege in the charging instrument the basis for the joinder of the crimes that are charged in it, whether by alleging the basis for joinder in the language of the joinder statute or by alleging facts sufficient to establish compliance with the joinder statute.” *State v. Poston,*277 Or App 137, 144-45, 370 P3d 904 (2016), *adh'd, to on recons,*285 Or App 750, 399 P3d 488 (2017). The post-conviction court erred when it concluded otherwise. Consequently, we vacate and remand the judgment so that the post-conviction court may reconsider, in light of *Poston,*whether the failure to file a demurrer constituted ineffective assistance of counsel and whether petitioner was prejudiced by counsel’s failure to do that.

Vacated and remanded.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-28-1997             DEC-29-1996
<PERIOD-START>                             DEC-30-1996             JAN-01-1996
<PERIOD-END>                               SEP-28-1997             SEP-29-1996
<CASH>                                           4,913                  15,290
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   43,178                  56,762
<ALLOWANCES>                                     3,971                   4,603
<INVENTORY>                                     53,734                  57,765
<CURRENT-ASSETS>                               100,638                 146,199
<PP&E>                                          70,191                  60,843
<DEPRECIATION>                                  41,535                  33,952
<TOTAL-ASSETS>                                 230,153                 276,085
<CURRENT-LIABILITIES>                          111,081                  84,968
<BONDS>                                              0                       0
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<COMMON>                                           470                     469
<OTHER-SE>                                     109,989                 152,035
<TOTAL-LIABILITY-AND-EQUITY>                   230,153                 276,085
<SALES>                                        159,919                 168,370
<TOTAL-REVENUES>                               159,919                 168,370
<CGS>                                          135,780                 130,427
<TOTAL-COSTS>                                  135,780                 130,427
<OTHER-EXPENSES>                                61,020                  69,813
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               2,920                       0
<INCOME-PRETAX>                               (39,801)                (31,870)
<INCOME-TAX>                                       752                     831
<INCOME-CONTINUING>                           (40,553)                (32,701)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (40,553)                (32,701)
<EPS-PRIMARY>                                   (0.86)                  (0.78)
<EPS-DILUTED>                                        0                       0
        

</TABLE>
III 

111TH CONGRESS 

1ST SESSION S. RES. 25 

Expressing support for designation of January 28, 2009, as ‘‘National Data 

Privacy Day’’. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2009 

Mr. DORGAN (for himself, Mr. SPECTER, Mr. LEAHY, Mr. KERRY, Ms. 

SNOWE, Mrs. FEINSTEIN, Mr. WICKER, and Mrs. BOXER) submitted the 

following resolution; which was considered and agreed to 

RESOLUTION 

Expressing support for designation of January 28, 2009, 

as ‘‘National Data Privacy Day’’. 

Whereas the Internet and the capabilities of modern technology cause data privacy issues to figure prominently in 

the lives of many people in the United States at work, 

in their interaction with government and public authorities, in the health field, in e-commerce transactions, and 

online generally; 

Whereas many individuals are unaware of data protection 

and privacy laws generally and of specific steps that can 

be taken to help protect the privacy of personal information online; 

Whereas ‘‘National Data Privacy Day’’ constitutes an international collaboration and a nationwide and statewide efVerDate Nov 24 2008 02:42 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR25.ATS SR25

wwoods2 on PRODPC68 with BILLS
2 

•SRES 25 ATS 

fort to raise awareness about data privacy and the protection of personal information on the Internet; 

Whereas government officials from the United States and 

Europe, privacy professionals, academics, legal scholars, 

representatives of international businesses, and others 

with an interest in data privacy issues are working together on this date to further the discussion about data 

privacy and protection; 

Whereas privacy professionals and educators are being encouraged to take the time to discuss data privacy and 

protection issues with teens in high schools across the 

country; 

Whereas privacy is a central element of the mission of the 

Federal Trade Commission and the Commission will need 

to continue to educate consumers about protecting their 

personal information, and their consumer education campaigns should be part of a National effort; 

Whereas the recognition of ‘‘National Data Privacy Day’’ will 

encourage more people nationwide to be aware of data 

privacy concerns and to take steps to protect their personal information online; and 

Whereas January 28, 2009, would be an appropriate day to 

designate as ‘‘National Data Privacy Day’’: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) supports the designation of a ‘‘National 

3 Data Privacy Day’’; 

4 (2) encourages State and local governments to 

5 observe the day with appropriate activities that pro6 mote awareness of data privacy; 


wwoods2 on PRODPC68 with BILLS
3 

•SRES 25 ATS 

1 (3) encourages privacy professionals and edu2 cators to discuss data privacy and protection issues 

3 with teens in high schools across the United States; 

4 and 

5 (4) encourages individuals across the Nation to 

6 be aware of data privacy concerns and to take steps 

7 to protect their personal information online. 

Æ 


wwoods2 on PRODPC68 with BILLS
# Data for Table B17

# RSEs for Table B17
No. 11-10642.

#### Freeman *v.*Tucker, Secretary, Florida Department of Corrections.

Sup. Ct. Fla. Certiorari denied.
<PAGE>   1
                                                                      Exhibit 23


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of
our reports included in this Form 10-K, into the Company's previously filed
Post-Effective Amendment No. 6 to the Form S-8 Registration Statement File No.
2-69991, into the Company's previously filed Post-Effective Amendment No. 5 to
the Form S-8 Registration Statement File No. 2-69991, into the Company's
previously filed Post-Effective Amendment No. 3 to the Form S-8 Registration
Statement File No. 2-66025, into the Company's previously filed Form S-8
Registration Statement File No. 33-37366 and into the Company's previously
filed Form S-8 Registration Statement File No. 33-37367.




                                                    ARTHUR ANDERSEN LLP

Dallas, Texas,
September 18, 1997
<TABLE> <S> <C>

<ARTICLE> 7
<LEGEND>
Due to format constraints of this Financial Data Schedule (FDS) certain Balance
Sheet items were omitted: i.e. Prepaid reinsurance premiums, Premium notes
receivable, Installment premiums receivable, Excess of cost over net assets
acquired & Other assets.  Refer to actual 10-KSB submission.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> $
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<DEBT-HELD-FOR-SALE>                                 0
<DEBT-CARRYING-VALUE>                        9,490,787
<DEBT-MARKET-VALUE>                          9,504,000
<EQUITIES>                                     169,827
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                               9,660,614
<CASH>                                       6,010,299
<RECOVER-REINSURE>                          23,292,663
<DEFERRED-ACQUISITION>                        (96,264)
<TOTAL-ASSETS>                              60,519,159
<POLICY-LOSSES>                                      0
<UNEARNED-PREMIUMS>                         12,314,807
<POLICY-OTHER>                               3,693,452
<POLICY-HOLDER-FUNDS>                        4,871,954
<NOTES-PAYABLE>                                603,376
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       328,868
<OTHER-SE>                                  10,749,960
<TOTAL-LIABILITY-AND-EQUITY>                60,519,159
<PREMIUMS>                                  33,135,617
<INVESTMENT-INCOME>                            671,996
<INVESTMENT-GAINS>                               1,890
<OTHER-INCOME>                               1,618,244
<BENEFITS>                                   6,149,447
<UNDERWRITING-AMORTIZATION>                  (422,422)
<UNDERWRITING-OTHER>                         5,060,627
<INCOME-PRETAX>                              1,083,587
<INCOME-TAX>                                   376,356
<INCOME-CONTINUING>                            707,231
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   707,231
<EPS-PRIMARY>                                      .06
<EPS-DILUTED>                                      .06
<RESERVE-OPEN>                              22,323,090
<PROVISION-CURRENT>                         25,719,544
<PROVISION-PRIOR>                            (876,526)
<PAYMENTS-CURRENT>                          11,460,550
<PAYMENTS-PRIOR>                            10,380,831
<RESERVE-CLOSE>                             25,324,727
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Page 14910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8055]


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


FEDERAL RESERVE SYSTEM

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Board of Governors of the Federal Reserve 
System.

TIME AND DATE: 10:00 a.m., Wednesday, April 2, 1997.

PLACE: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 2lst Streets, N.W., Washington, D.C. 20551.

STATUS: Closed.

MATTERS TO BE CONSIDERED:

    1. Personnel actions (appointments, promotions, assignments, 
reassignments, and salary actions) involving individual Federal Reserve 
System employees.
    2. Any items carried forward from a previously announced meeting.

CONTACT PERSON FOR MORE INFORMATION: Mr. Joseph R. Coyne, Assistant to 
the Board; (202) 452-3204. You may call (202) 452-3207, beginning at 
approximately 5 p.m. two business days before this meeting, for a 
recorded announcement of bank and bank holding company applications 
scheduled for the meeting.

    Dated: March 26, 1997.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 97-8055 Filed 03-26-97; 11:03 am]
BILLING CODE 6210-01-P
S95Y0737.

#### IN THE MATTER OF JOHN R. THOMPSON.

(463 SE2d 118)

Per curiam.

The State Bar of Georgia filed a petition for appointment of a special master under Bar Rule 4-106, after John R. Thompson entered a guilty plea and was sentenced in the United States District Court for the Southern District of Georgia, on one count of wilful failure to file an income tax return under 26 USC § 7203. The petition alleged that Thompson’s guilty plea constituted a violation of Standard 66 of Bar Rule 4-102 (d), which may be punished by disbarment.

Thompson initially denied he was subject to disciplinary action, but subsequently filed a petition for voluntary discipline in which he admitted he engaged in conduct in violation of Standard 66 of Bar Rule 4-102 (d). He set forth certain matters in mitigation, and re*832quested that he be suspended from the practice of law for 120 days. The State Bar and special master agreed with his recommendation in light of the unusual factors involved.

Decided November 6, 1995.

*William P. Smith III, General Counsel State Bar, E. Duane Cooper, Assistant General Counsel State Bar,*for State Bar of Georgia.

Thompson breached his duties to the public, the most fundamental of which was his duty to maintain his personal integrity. The public expects lawyers to be honest and comply with the law and, as a lawyer, he had a duty to uphold the law.

Thompson’s conduct, when considered under the factors to be considered under 3.0 of the ABA Standards for Imposing Lawyer Sanctions (1991), absent aggravating or mitigating circumstances, would allow disbarment. But, the special master found certain factors that could be considered in mitigation. The factors considered under ABA Standard 9.32 included: (1) the absence of a prior disciplinary record; (2) the personal and emotional problems involved (Thompson’s mother-in-law and brother-in-law were brutally murdered, the murders and subsequent death penalty trial and appeal left Thompson and his family depressed); and, (3) Thompson’s expression of remorse.

Because of the unique circumstances in this case, and the State Bar’s agreement with the proposed discipline, the Court adopts the special master’s recommendation and accepts John R. Thompson’s petition for voluntary discipline. Thompson is hereby suspended from the practice of law for 120 days from the date of this opinion with the condition that he comply with his agreement to resign as Solicitor of the State Court of Emanuel County and never seek the office again.

Thompson is reminded to protect the interests of his clients and to that end he must comply fully with the requirements stated in Bar Rule 4-219 (c).

*Voluntary suspension accepted.*

*All the Justices concur.*
#### Redford v. Heimgartner

113,022

12/14/2015

Denied.

Unpublished
#### MAURICE BILLIE *v.*COMMISSIONER OF CORRECTION

(AC 34029)

DiPentima, C. J., and Robinson and Bishop, Js.

Argued September 16

officially released October 1, 2013

Per Curiam.

The judgment is affirmed.
[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Notices]
[Page 14448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7651]


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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice 97-034]


Notice of Prospective Patent License

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of prospective patent license.

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

SUMMARY: NASA hereby gives notice that TruView Imaging Company, of 
Hampton, VA 23666-1340, has applied for an exclusive license to 
practice the invention described and claimed in NASA Case No. LAR-
15514-1, entitled ``Method for Improving a Digital Image,'' for which a 
U.S. Patent Application was jointly filed by the Science and Technology 
Corporation and the United States of America as represented by the 
Administrator of the National Aeronautics and Space Administration. 
Written objections to the prospective grant of a license should be sent 
to Langley Research Center.

DATES: Responses to this notice must be received by May 27, 1997.

FOR FURTHER INFORMATION CONTACT:
Ms. Robin W. Edwards, Patent Attorney, Langley Research Center, Mail 
Stop 212, Hampton, VA 23681-0001; telephone (757) 864-3230; fax (757) 
864-9190.

    Dated: March 19, 1997.
Edward A. Frankle,
General Counsel.
[FR Doc. 97-7651 Filed 3-25-97; 8:45 am]
BILLING CODE 7510-01-M
IV 

116TH CONGRESS 

1ST SESSION H. RES. 147 

Expressing support for the designation of March 3, 2019, as World Hearing 

Day. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2019 

Mr. THOMPSON of California (for himself and Mr. MCKINLEY) submitted the 

following resolution; which was referred to the Committee on Energy and 

Commerce 

RESOLUTION 

Expressing support for the designation of March 3, 2019, 

as World Hearing Day. 

Whereas the sense of hearing plays a critical role in communication and personal and professional relationships, 

overall health outcomes, psychological well-being, education, and safety; 

Whereas hearing loss has been tied to impaired communication, learning and academic delays, economic loss, falls, 

depression, isolation, and cognitive decline; 

Whereas hearing loss can be a symptom of an underlying 

treatable medical condition, including infections, tumors, 

otosclerosis, ototoxicity, and Me ́nie`re’s disease; 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HRES 147 IH 

Whereas noise-induced hearing loss is a preventable and significant, often unrecognized, health problem among 

United States adults and adolescents; 

Whereas a hearing health care team may include otolaryngologists, audiologists, and hearing-aid specialists; 

Whereas a comprehensive hearing evaluation includes a comprehensive assessment, rehabilitation through use of 

hearing aids and other devices, and counseling by educated and trained professionals; 

Whereas World Hearing Day, founded by the World Health 

Organization, is observed annually on March 3 to raise 

awareness on how to prevent deafness and hearing loss 

and promote ear and hearing care across the world; and 

Whereas the theme of World Hearing Day 2019 is ‘‘Check 

Your Hearing’’ and focuses on hearing loss prevention 

awareness and promoting access for individuals with 

hearing loss to necessary rehabilitation services and communication tools: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) supports the designation of World Hearing 

3 Day; 

4 (2) recognizes the importance of the prevention 

5 of hearing loss through self-protective behaviors; and 

6 (3) recognizes the importance of patient access 

7 to early detection and intervention by health care 

8 professionals in the process of identification, treat9 ment, and rehabilitation of hearing loss. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Notices]
[Pages 14718-14719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7826]


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

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. M-031]


Information Collection Available for Public Comments and 
Recommendations

Action: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Maritime Administration's (MARAD's) intentions to 
request extension of approval for three years of a currently approved 
information collection.

DATES: Comments should be submitted on or before May 27, 1997.

FOR FURTHER INFORMATION CONTACT: Carey Brady, Trade Specialist, Office 
of Cargo Preference, Maritime Administration, MAR-590, Room 8118, 400 
Seventh Street, S.W., Washington, D.C. 20590. Telephone 202-366-5524 or 
fax 202-366-5522. Copies of this collection can also be obtained from 
that office.

SUPPLEMENTARY INFORMATION:

    Title of Collection: Monthly Report of Ocean Shipments Moving Under 
Export-Import Bank Financing.
    Type of Request: Extension of currently approved information 
collection.
    OMB Control Number: 2133-0013.
    Form Number: MA-518.
    Expiration Date of Approval: September 30, 1997.
    Summary of Collection of Information: Title 46 App. U.S.C. 1241-1, 
Public Resolution 17, 73rd Congress (PR 17), requires the Maritime 
Administration (MARAD) to monitor and enforce the U.S.-flag shipping 
requirements relative to the loans/guarantees extended by the Export-
Import Bank (Eximbank) to foreign borrowers. PR 17 requires that all 
shipments financed by Eximbank and that move by sea, must be 
transported exclusively on U.S.-flag registered vessels unless a waiver 
is obtained from MARAD.
    Need and Use of the Information: The prescribed monthly report is 
necessary for MARAD to fulfill its responsibilities under PR 17, to 
ensure compliance of ocean shipping requirements operating under 
Eximbank financing and to ensure equitable distribution of shipments 
between U.S.-flag and foreign ships. MARAD will use this information to 
report annually to Congress, the total shipping activities during the 
calendar year.
    Annual Responses: 336.
    Annual Burden: 168 hours.

[[Page 14719]]

    Comments: Send all comments regarding this information collection 
to Joel C. Richard, Department of Transportation, Maritime 
Administration, MAR-120, Room 7210, 400 Seventh Street, S.W., 
Washington, D.C. 20590. Send comments regarding whether this 
information collection is necessary for proper performance of the 
function of the agency and will have practical utility, accuracy of the 
burden estimates, ways to minimize this burden, and ways to enhance 
quality, utility, and clarity of the information to be collected.

    By Order of the Maritime Administrator.

    Dated: March 24, 1997.
Joel C. Richard,
Secretary.
[FR Doc. 97-7826 Filed 3-26-97; 8:45 am]
BILLING CODE 4910-81-P