alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTICE: NOT FOR PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE

LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.

IN THE

ARIZONA COURT OF APPEALS

DIVISION ONE

STATE OF ARIZONA, Respondent,

v.

JEFFREY ROBERT CAVANESS, Petitioner.

No. 1 CA-CR 13-0380 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR2003-016418-002

The Honorable Cynthia Bailey, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix

By Diane Meloche

Counsel for Respondent

Jeffrey Robert Cavaness, Florence

Petitioner
STATE v. CAVANESS

Decision of the Court

2

MEMORANDUM DECISION

Judge Andrew W. Gould delivered the decision of the Court, in which 

Presiding Judge Margaret H. Downie and Judge Samuel A. Thumma 

joined. 

G O U L D, Judge:

¶1 Petitioner, Jeffrey Robert Cavaness, petitions this court for 

review from the dismissal of his petition for post-conviction relief. We have 

considered the petition for review and, for the reasons stated, grant review 

and deny relief.

¶2 Cavaness pled guilty to drive-by shooting and two counts of

aggravated assault and the trial court sentenced him to an aggregate term 

of eighteen years' imprisonment. Cavaness now seeks review of the 

summary dismissal of his third successive petition for post-conviction 

relief. We have jurisdiction pursuant to Arizona Rule of Criminal 

Procedure 32.9(c). 

¶3 We deny relief. Cavaness's third petition for post-conviction 

relief is identical to his second petition for post-conviction relief, which the 

trial court dismissed in January 2010. The only difference is that Cavaness 

includes one additional exhibit in this latest petition. That exhibit is a copy 

of a pro se motion for "re-hearing" that Cavaness filed in February 2010 

when he sought reconsideration of his second petition. Any claim a 

defendant raised in an earlier post-conviction relief proceeding is 

precluded. Ariz. R. Crim. P. 32.2(a). None of the exceptions under Rule 

32.2(b) apply. While these are not the grounds upon which the trial court 

dismissed the third petition, we may affirm a decision of a trial court on any 

basis supported by the record. State v. Robinson, 153 Ariz. 191, 199, 735 P.2d 

801, 809 (1987).

¶4 Further, while the petition for review presents additional 

issues, Cavaness did not raise those issues in the petition for postconviction relief he filed below. A petition for review may not present 

issues not first presented to the trial court. State v. Ramirez, 126 Ariz. 464, 

467, 616 P.2d 924, 927 (App. 1980); State v. Wagstaff, 161 Ariz. 66, 71, 775 P.2d 

1130, 1135 (App. 1988); State v. Bortz, 169 Ariz. 575, 577, 821 P.2d 236, 238 

(App. 1991); Ariz. R. Crim. P. 32.9(c)(1)(ii).
STATE v. CAVANESS

Decision of the Court

3

¶5 We grant review and deny relief.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Mary Be th Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

May 29, 2015

t0526 

# Order

Clerk May 29, 2015

147675

PEOPLE OF THE STATE OF MICHIGAN,

Pl aintiff

- Appellee,

v SC: 147675

COA: 309245

Livingston CC: 10

- 018981

- FH

GORDON BENJAMIN WILDING,

Defendant

- Appellant.

_________________________________________/

On April 2, 2014, the Court heard oral argument on the application for leave to

appeal the July 16, 2013 judgment of the Court of Appeals. By order of March 25, 2015,

we directed supplemental briefing. On order of the Court, the application is again

cons idered. MCR 7.302(H)(1). In lieu of granting leave to appeal, we VACATE those

parts of the Court of Appeals judgment holding that offense variable 8 (MCL

777.38(1)(a)) and offense variable 10 (MCL 777.40(1)(a)) were scored correctly, and that

trial couns el was not ineffective for failing to object to the scoring of those variables. We

REMAND this case to the Livingston Circuit Court for an evidentiary hearing, pursuant

to People v Ginther , 390 Mich 436 (1973), as to whether the defendant’s trial counsel

was ineffective for failing to object to the scoring of OVs 8 and 10. In all other respects,

leave to appeal is DENIED, because we are not persuaded that the remaining questions

presented should be reviewed by this Court.

We do not retain jurisdiction.
[No. 52163-2-I.

Division One.

May 3, 2004.]

#### The State of Washington, *Respondent,*v. Malcolm Stacy Lower, *Appellant.*

Appeal from a judgment of the Superior Court for Sno-homish County, No. 02-1-00247-6, Larry E. McKeeman, J., entered March 21, 2003. *Affirmed*by unpublished per curiam opinion.
|EXHIBIT 32.1
|------------



|CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
|-----------------------------------------------------------------------------------------------------------------------

The undersigned hereby certifies in his capacity as Chief Executive Officer of Belrose Capital Fund LLC (the Fund), that based on his knowledge:

|(a) | the Quarterly Report of the Fund on Form 10-Q for the quarter ended September 30, 2006 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Fund for such period.                                            
|   



|Date: November 9, 2006
|----------------------



| | /s/ Thomas E. Faust Jr.
Thomas E. Faust Jr.
Chief Executive Officer
| | -------------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 23.1 (LOGO) CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We consent to the incorporation by reference in Registration Statement Nos. 333-63637, 333-72134, 333-72296,
333-130773 and 333-130774 on Form S-8 of Synergetics USA, Inc. (the Company) of our reports dated October 14, 2008,
on the consolidated financial statements of the Company for the years ended July 31, 2008 and 2007, and internal
control over financial reporting as of July 31, 2008, which appear in the Companys Annual Report on Form 10-K for the
year ended July 31, 2008. /s/UHY LLP St. Louis, Missouri

October 14, 2008




---



##### 



Exhibit 23.1 (LOGO) Consent of Independent Registered Public Accounting Firm We consent to the incorporation by reference in this Registration Statement Nos. 333-63637, 333-72134, 333-72296,
333-130773 and 333-130774 on Form S-8 of Synergetics USA, Inc. (the Company) of our report, dated October 16, 2006,
relating to our audit of the consolidated financial statements, included in and incorporated by reference in the Annual
Report on Form 10-K of the Company for the year ended July 31, 2008. /s/ McGladrey & Pullen, LLP St. Louis, Missouri

October 14, 2008 McGladrey & Pullen, LLP is a member firm of RSM International-

an affiliation of separate and independent legal entities.
ex10-1.htm


    

    Exhibit
10.1

    


    February
8, 2010

     

    CONFIDENTIAL

     

    Mr.
Ken Liebscher, (“AquisitionCo”)

    


    Dear
Sirs:

    


    Re:
Nevada BLM Claim and Leased Silver Mines

    


    This
letter is to confirm the agreement between the undersigned (“AcquisitionCo”) to
acquire from Monte Cristo Projects LLC and Alan Chambers (“Vendors”), 38
unpatented BLM claims including those known as Silver Summit and Candelaria and
2 historic silver mine leases (“Ag Properties”) known as Lucky Boy Silver Mine
and the Black Butte Silver Mine.  It is understood and agreed the
Vendors will provide a detailed description of the claims and the leases within
10 business days of the execution of this letter of agreement.

    


    The
following terms and conditions shall apply to this Acquisition:

    


    1.
AcquistionCo will pay $55,000USD to Monte Cristo Projects LLC, Las Vegas, NV for
expenses related to staking, filing and registration of the BLM claims and
negotiation of the property leases. This payment will also provide the first
years maintenance payment to the BLM and the first annual payment on the
property leases.

    


    2.
Vendors will assign 100% of their interest in the Ag Properties to the
AcquisitionCo.

    


    3. In the
event that Monte Cristo is not able to present signed leases for any of the four
properties described above, all funds allocated to the missing property and
delivered to Monte Cristo pursuant to this agreement shall be immediately
returned to AcquisitionCo in their entirety.

    


    4.
AcquisitionCo will issue 150,000 shares of its stock to the Vendors allocating
75,000 shares to Alan Chambers and 75,000 shares to Monte Cristo Projects LLC.
The AcquisitionCo will give consent to the transfer agent to remove any
restrictive legend applying to these shares at the earliest date permitted by
the rule.

    


    
      	
              “Vendors”

            
	 
      	 
      	 
      	 
      	 
      
	
              Signed:

            	JAdams	
              ,

            		 
      
	 
      	
              Jeff
      Adams, Monte Cristo Projects LLC,

            	 
      	
              Alan
      Chambers

            	 
      
	 
      	 
      	 
      	 
      	 
      
	
              Date:
      February 8, 2010

            
	 
	
              “AcquisitionCo”

            
	 
      	 
      	 
      	 
      	 
      
	
              Signed:

            		
              Date:

            	2/8/10
exhibit10-9.htm


    Exhibit
10.9

    


    FPIC
Insurance Group, Inc.

    


    Executive
Incentive

    Compensation
Plan

    


    Summary
of 2010 Implementation Guide

    


    


    Plan
Description

    Under
this plan, the Compensation Committee of the holding company board will
establish performance measures and goal weightings for each year based on
synergies and desired focus. The performance measures will be both quantitative
and qualitative in nature.

    


    Performance
Components

    Corporate
financial measures will be based on corporate relevant metrics and operating
subsidiary (OS) measures will be based on OS relevant metrics. Certain senior
executives of each OS, including its CEO, will have a portion of their incentive
compensation tied to corporate performance given the high degree of synergy with
corporate objectives.

    


    The
following performance component weights will apply to the Company’s executive
officers for 2010:

    


    
      	
              Tier

            	
              Corporate

            	
              OS

            	
              Individual

            
	
              Holding
      Co. - CEO/CFO

            	
              100% 

            	
              - 

            	
              - 

            
	
              OS
      - CEO

            	
              100% 

            	
              - 

            	
              - 

            


    

    


    


    Performance
Targets

    Specific
targets will be established on an annual basis for each performance component
and will be evaluated on a sliding scale ranging from 50% of the bonus
opportunity to 150% of the bonus opportunity. Any measure falling below the 50%
level will reduce the related bonus opportunity to 0%.

    


    Individual Target
Bonuses

    Target
bonuses for the following executive officers will be as follows (as a percentage
of 2010 base salary):

     

    
      	
               

              Tier

            	
              Target
      Bonus

              (as
      % of base salary)

            
	
              Holding
      Co. - CEO

            	
              100%

            
	
              Holding
      Co. - CFO

            	
              50%

            
	
              OS
      - CEO

            	
              50%
STATE v. Ernest Raysean GRAY

364P18-1

Supreme Court of North Carolina.

March 27, 2019

Ann B. Petersen, Attorney at Law, Chapel Hill, for Gray, Ernest Raysean.

Kenneth A. Sack, Assistant Attorney General, Ashish K. Sharda, Assistant Attorney General, Jon David, District Attorney, for State of North Carolina.

James R. Glover, Attorney at Law, Chapel Hill.

The following order has been entered on the motion filed on the 31st of October 2018 by State of NC:

"Motion Dismissed as moot by order of the Court in conference, this the 27th of March 2019."
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, February 06, 2018. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, February 06, 2018 The Court of Appeals hereby passes the following order A18A0460. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. DANIEL LACOSTE.
Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11526-11527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5642]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of New Fee Sites; Federal Lands Recreation Enhancement Act 
(Title VIII, Pub. L. 108-447)

AGENCY: Stanislaus National Forest, USDA Forest Service.

ACTION: Notice of new fee sites.

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

SUMMARY: The Stanislaus National Forest is proposing to charge new fees 
at five existing campgrounds. Fees are assessed based on the level of 
amenities and services provided, cost of operation and maintenance, 
market assessment, and public comment. The fees listed are only 
proposed and will be determined upon further analysis and public 
comment. Funds from fees would be used for the continued operation and 
maintenance and improvement of these recreation sites. New fees are 
proposed at Pacific Valley ($10), Union ($8), Utica ($8), Lumsden ($8), 
and South Fork ($8) Campgrounds. Improvements have been made at many of 
these campgrounds, or are planned, including installing new fire rings, 
picnic tables, accessible trails,

[[Page 11527]]

and new toilets. These actions address sanitation and safety concerns, 
and improve deteriorating resource conditions and recreation 
experiences. A market analysis has been completed and indicated that 
the proposed fees are reasonable and typical of similar sites in the 
local area.

DATES: The proposed new fees may be implemented after August 2009.

ADDRESSES: Forest Supervisor, Stanislaus National Forest, 19777 
Greenley Road, Sonora, CA 95370.

FOR FURTHER INFORMATION CONTACT: Brian Kermeen, Recreation Fee 
Coordinator, 209-532-3671 x316

SUPPLEMENTARY INFORMATION: The Federal Recreation Lands Enhancement Act 
(Title VII, Pub.L. 108-447) directed the Secretary of Agriculture to 
publish a six month advance notice in the Federal Register whenever new 
recreation fee areas are established. Once public involvement is 
complete the proposed new campground fees will be reviewed by a 
Recreation Resource Advisory Committee prior to a final decision and 
implementation.

    Dated: February 19, 2009.
Susan Skalski,
Stanislaus National Forest Supervisor.
 [FR Doc. E9-5642 Filed 3-17-09; 8:45 am]
BILLING CODE 3410-11-M
I 

109TH CONGRESS 

2D SESSION H. R. 5545 

To amend the Public Health Service Act to ensure that projects funded 

through the National Institutes of Health comply with wage rate requirements commonly referred to as the ‘‘Davis-Bacon Act’’, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2006 

Mr. GENE GREEN of Texas introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Public Health Service Act to ensure that 

projects funded through the National Institutes of 

Health comply with wage rate requirements commonly 

referred to as the ‘‘Davis-Bacon Act’’, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘lll Act of 2006’’. 


wwhite on PROD1PC61 with BILLS
2 

•HR 5545 IH

1 SEC. 2. WAGE RATE REQUIREMENTS APPLICABLE TO 

2 PROJECTS FUNDED THROUGH NIH. 

3 Part H of title IV of the Public Health Service Act 

4 (42 U.S.C. 289 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 498D. WAGE RATE REQUIREMENTS APPLICABLE TO 

7 PROJECTS FUNDED THROUGH NIH. 

8 ‘‘The Secretary of Health and Human Services shall 

9 require that each entity that applies to the National Insti10 tutes of Health or any component thereof for a loan, loan 

11 guarantee, grant, contract, or cooperative agreement for 

12 any project shall include in its application reasonable as13 surance that all laborers and mechanics employed by con14 tractors or subcontractors in the performance of construc15 tion or modernization on the project will be paid wages 

16 at rates not less than those prevailing on similar work in 

17 the locality as determined by the Secretary of Labor in 

18 accordance with subchapter IV of chapter 31 of part A 

19 of subtitle II of title 40, United States Code (commonly 

20 referred to as the ‘Davis-Bacon Act’).’’. 

Æ 


wwhite on PROD1PC61 with BILLS
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.                  

###### Department of Transportation

###### Federal Motor Carrier Safety Administration 

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT. 

*Time and Date:*                         April 2, 2009, from 12 noon until 3 p.m. Eastern Daylight Time.                     

*Place:*                         This meeting will take place telephonically. Any interested person may call Mr. Avelino Gutierrez at (505) 827-4565 to receive the toll free number and pass code needed to participate in this meeting by telephone.                     

*Status:*                         Open to the public.                     

*Matters to be Considered:*                         The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board.                     

# FOR FURTHER INFORMATION CONTACT:

Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Plan Board of Directors at (505) 827-4565. 

Dated: March 5, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and Program Development.

[FR Doc. E9-5265 Filed 3-6-09; 4:15 pm] 

BILLING CODE 4910-EX-P
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements (Form S-3 Nos. 333-104517, 333-105625, No.333-106611, No. 333-110161, No. 333-111563, No. 333-92058, No. 333-69052, No. 333-72964, No. 333-48680, No. 333-36925 and No. 333-31217) and the Registration Statements (Form S-8 No. 333-106865 pertaining to the 1999 Incentive and Reward Plan, asamended, and other option agreements named therein, and No. 333-118842 pertaining to the 2004 Equity Participation Plan) of Aphton Corporation and in the related Prospectuses, of our report dated March 11, 2005, with respect to the financialstatements of Aphton Corporation included in this Annual Report (Form 10-K) for the year ended December 31, 2004. 

 

/s/ Ernst & Young LLP 

Certified Public Accountants 

March 14, 2005 

Fort Lauderdale, Florida
Exhibit 32.1

                            CERTIFICATION 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 Mason Hill Holdings, Inc. (the
"Company")  on  Form 10-KSB for the year ending March 31, 2005 as filed with the
Securities  and  Exchange  Commission  on  the  date  hereof  (the "Report"), I,
Geoffrey Eiten, President of the Company, 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 he 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.

     Date:     July  8,  2005

     /s/  Geoffrey  Eiten
     --------------------
     President