alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
T.J. RUSSELL, Appellant, v. STATE of Missouri, Respondent.

No. ED 106085

Missouri Court of Appeals, Eastern District, DIVISION TWO.

Filed: September 11, 2018

Ellen H. Flottman, Missouri Public Defender's Office, Columbia, MO, for appellant.

Dora A. Fichter, Assistant Attorney General, Jefferson City, MO, for respondent.

Before Philip M. Hess, P.J., Robert G. Dowd, Jr., J. and Mary K. Hoff, J.

***ORDER***

PER CURIAM

T.J. Russell ("Movant") appeals from the judgment denying his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. Movant's sole point on appeal is his trial counsel was ineffective for failing to raise an alibi defense and call his mother to testify in support at his trial. Finding no clear error, we affirm. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16.
#### Michael James DECCA, John Anton Slack and Howard Nelson Zinram, Appellants, v. UNITED STATES of America, Appellee.

No. 21974.

United States Court of Appeals Fifth Circuit.

June 1, 1965.

Harvey J. St. Jean, Miami Beach, Fla., for appellant.

John Anton Slack, pro se.

Howard NelSon Zinram, pro se.

Aaron A. Foosaner, Asst. U. S. Atty., Miami, Fla., William A. Meadows, Jr., U. S. Atty., for appellee.

Before TUTTLE, Chief Judge, and EDGERTON* and SMITH,** Circuit Judges.

*

 Senior Circuit Judge of the D. C. Circuit, sitting by designation.

**

 Of the Third Circuit, sitting by designation.

PER CURIAM:

Only Decca has prosecuted his appeal in this case. The appeals of Slack and Zinram are dismissed for want of prosecution.

The judgment of conviction and sentence of Decca are affirmed. The search complained of on the motion to suppress *159evidence was a “border search,” and as such was legal. See Murgia v. United States, 9 Cir., 285 F.2d 14, cert. denied 366 U.S. 977, 81 S.Ct. 1946, 6 L.Ed.2d 1265, and Mansfield v. United States, 5 Cir., 308 F.2d 221.

The judgment is affirmed.
Exhibit 32.2


                              PACIFIC STATE BANCORP

                            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 Pacific State Bancorp (the
"Company") on Form 10-Q for the period ended September 30, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the "Report'), the
undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his
knowledge, that:

         (1)      The Report fully complies with the requrities and 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: November 14, 2005



                                            /s/ JOANNE ROBERTS
                                            ------------------------------------
                                            JoAnne Roberts
                                            Senior Vice President and
                                            Chief Financial Officer

                                       29
#### The People of the State of New York, Respondent, v Hector Rodriguez, Also Known as Hector Bello, Appellant.

[719 NYS2d 257]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered February 24, 1999, convicting him of robbery in the second degree (two counts), criminal possession of a weapon in the second degree, attempted assault in the first degree, criminal possession of stolen property in the third degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Marrero, J.), of those branches of the defendant’s omnibus motion which were to suppress identification testimony and physical evidence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the People satisfied their burden of establishing that a pretrial showup identification was not unduly suggestive *(see, People v Duuvon,*77 NY2d 541; *People v Chipp,*75 NY2d 327, 335, *cert denied*498 US *485833; *cf., People v Ortiz,*90 NY2d 533). The People produced three witnesses who were present at the time of the procedure. Those witnesses testified that the complainant arrived about 10 minutes after the robbery and identified the defendant.

The defendant’s remaining contentions are either unpreserved for appellate review or without merit *(see,*CPL 470.05 [2]; *People v Smith,*240 AD2d 600). Bracken, Acting P. J., O’Brien, Santucci and Florio, JJ., concur.
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  Exhibit 10.12    
    


 
 

  DIRECTOR COMPENSATION    
    


            The following compensation arrangements have been established for the Board of Directors of the Company: All outside directors will
receive an annual retainer of $25,000. The chairpersons of the Audit Committee, the Compensation Committee, the Risk Oversight Committee, and the Nominating / Governance Committee will for this
service receive retainers of $10,000, of $7,000, of $5,000, and of $5,000 respectively. Outside directors also receive a meeting fee of $1,000 for each Board and Committee meeting attended. Outside
directors also receive an annual grant of $40,000 of restricted stock, which stock has 3-year cliff vesting. Directors have the option to receive their $25,000 annual retainer in the form
of stock at a 25% premium (i.e., $31,250 of stock) if they agree to hold the stock for at least one year. No separate compensation is paid to directors who are also employees of the Company. 











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Exhibit 10.12


DIRECTOR COMPENSATION
**Exhibit 31.1**

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 

PURSUANT TO 15 U.S.C. SECTION 7241, AS ADOPTED 

PURSUANT TO SECTION 302 OF THE 

SARBANES-OXLEYACT OF 2002 

I, J. Russell Porter, certify that: 

1. I have reviewed this Quarterly Report on Form 10-Q of Gastar Exploration, Ltd. (the “Registrant”); 

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, notmisleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this report; 

4. The Registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Registrant and we have: 

(a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared; 

(b) Evaluated the effectiveness of theRegistrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the Registrant’s internal control over financial reporting that occurredduring the Registrant’s most recent fiscal quarter (the Registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrant’s internal controlover financial reporting; and 

5. The Registrant’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the Registrant’s auditors and the audit committee of the Registrant’s board of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which arereasonably likely to adversely affect the Registrant’s ability to record, process, summarize and report financial information; and 

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

Date: May 15, 2007
STATE of Missouri, Respondent, v. A. Corey HUNTER, Appellant.

No. ED 105577

Missouri Court of Appeals, Eastern District, DIVISION TWO.

Filed: October 2, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied November 14, 2018

FOR APPELLANT: Albert Corey Hunter, Pro Se, #1291632, Potosi Correctional Center, 11593 State Highway O, Mineral Point, Missouri 63660.

FOR RESPONDENT: Garrick F. D. Aplin, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.

Before Philip M. Hess, P.J., Robert G. Dowd, Jr., J. and Mary K. Hoff, J.

***ORDER***

PER CURIAM

Albert Corey Hunter, a prior and persistent offender, appeals his judgment of convictions by a City of St. Louis jury of kidnapping, first-degree domestic assault, second-degree domestic assault, unlawful possession of a firearm, unlawful use of a weapon, tampering with a victim or attempted tampering with a victim, and armed criminal action arising out of a neighbor's 911 call after Hunter fired several *358shots from his semi-automatic rifle in his backyard. Upon arrival, the police observed Hunter outside with the gun and when he went inside his home they could hear Hunter's wife, Charlane Jackson ("Victim"), screaming for Hunter to stop beating her. The police approached Hunter's house and attempted to get Victim out but Hunter would not allow her out. This resulted in a hostage situation that lasted for several hours. Hunter represented himself at trial, and the jury found him guilty of nine of the ten counts with which Hunter was charged. Hunter was sentenced to consecutive terms of imprisonment totaling 175 years. Hunter's sole point on appeal is that the Honorable Steven R. Ohmer committed plain error by allowing him to represent himself. We affirm. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order under Rule 30.25(b).
EXHIBIT 32.1

                              PACIFIC STATE BANCORP

                            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 Pacific State Bancorp (the
"Company") on Form 10-Q for the period ended June 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report'), the
undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his
knowledge, that:

         (1)      The Report fully complies with the requirements of Section 13
                  (a) or 15 (d) of the Securities and 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: August 14, 2006

                                       /s/ STEVEN A. ROSSO
                                       -----------------------------------------
                                       Steven A. Rosso
                                       President and Chief Executive Officer


                                       34
```

[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Page 11740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6048]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel, Therapeutic Strategies to 
Augment Muscle Rehabilitation.
    Date: April 17, 2009.
    Time: 1:30 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6100 Executive Boulevard, 
Room 5B01, Rockville, MD 20852 (Telephone Conference Call).
    Contact Person: Gopal M. Bhatnagar, PhD, Scientific Review 
Administrator, National Institute of Child Health and Human 
Development, National Institutes of Health, 6100 Executive Blvd., 
Rm. 5B01, Rockville, MD 20852, (301) 435-6889, 
[email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: March 13, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-6048 Filed 3-18-09; 8:45 am]
BILLING CODE 4140-01-P
```
exv10w19






Exhibit 10.19




AMENDMENT

TO THE KEYCORP

DIRECTOR DEFERRED




COMPENSATION PLAN




     WHEREAS, KeyCorp has established the KeyCorp Director Deferred Compensation Plan (the
“Plan”), a nonqualified plan of deferred compensation for Directors of KeyCorp, and



     WHEREAS, the Board of Directors of KeyCorp has authorized amendments to the Plan, and



     WHEREAS, in conjunction with the enactment of the American Jobs Creation Act of 2004, the
Board of Directors of KeyCorp has determined it desirable to preserve Plan participants’ earned and
vested Plan benefits in accordance with the law in effect prior to the enactment of the American
Jobs Creation Act of 2004 and accordingly has authorized the freezing of the Plan to preserve such
benefits as of December 31, 2004. The Board of Directors of KeyCorp has accordingly directed the
execution of this Amendment to effectuate the expressed intent of the Board.



     NOW, THEREFORE, pursuant to such action of the Board, the Plan is hereby frozen with regard to
any additional accruals, deferrals, and contributions to the Plan after December 31, 2004 as
follows:




	 	1.	 	A new Article VI has been added to the Plan to
provide the following:





“ARTICLE VI

AMENDMENT TO FREEZE





6.1 No New Plan Deferrals. As of January 1, 2005 the Plan shall be
frozen with regard to all new accruals, deferrals, and contributions to the
Plan after December 31, 2004 and all Participants’ Plan benefits that are
earned and vested as of December 31, 2004 shall be administered in accordance
with the terms of the Plan as frozen and with the requirements of the law in
effect prior to the enactment of Section 409A of the Code.”




	 	2.	 	The amendment set forth in Paragraphs 1 shall be effective as of December 31, 2004.






	 	3.	 	Except as otherwise amended herein, the Plan shall remain in full force and effect.





     IN WITNESS WHEREOF, KeyCorp has caused this Amendment to the Plan to be executed by its duly
authorized officer as of this 28th day of December 2004.



	 	 	 	 	 
	 	KEYCORP

 	 
	 	By:  	/s/ Thomas E. Helfrich
 	 
	 	Title: 	  Executive Vice President
Exhibit 32.1

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

In connection  with the Annual  Report of Patriot  Scientific  Corporation  (the
"Company")  on Form 10-KSB for the period ended May 31, 2005,  as filed with the
Securities and Exchange Commission and to which this Certification is an exhibit
(the "Report"),  the undersigned officer of Patriot Scientific  Corporation does
hereby  certify,  pursuant to 18 U.S.C.  Section  1350,  as adopted  pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

      (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.

Date: September 13, 2005


                                                /S/ DAVID H. POHL
                                                -----------------
                                                David H. Pohl
                                                Chief Executive Officer
Exhibit 32.2

                            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 Dairene International (the "Company")
on Form 10-QSB for the period ending June 30, 2002 as filed with the  Securities
and Exchange Commission on the date hereof (the "Report"), I, Edwin M. Golstein,
Chief Financial Officer and Controller of the Company,  certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of
2002, that, to my knowledge: (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 result of operations of the Company.

/s/ Edwin M. Golstein /s/
Edwin M. Golstein
Chief Financial Officer and Controller
January 30, 2004


<PAGE>
ex10_21.htm








Exhibit 10.21


 





 


PROJECT ASSIGNMENT







This Project Assignment is issued under the Independent Contractor Services Agreement (“Original Agreement”) dated August 14, 2008, between Scientific Learning Corporation of Oakland, California (“SLc”) and School Executive Consulting, Inc. of Dallas, Texas (“Contractor”).







Services to be performed:


Under the direction of the CEO or the person to whom he delegates this role, provide executive-level marketing and sales consulting services on a nationwide basis, including but not limited to (1) activities nationwide directed toward increasing the awareness about the Fast ForWord products and the research behind the products and (2) assisting in the organization of a team of prominent educational authorities in Texas to support SLC’s marketing and sales activities in Texas under the direction of the Regional Sales Director.







Time Period during which Services will be performed:


The term of this Project Assignment will begin January 1, 2010 and end December 31, 2010.







Fees for Services:


SLC will pay Contractor a consulting fee of $3,333 per month.







Expenses:


SLC will also reimburse Contractor for reasonable travel, lodging, phone, mileage and meal expenses incurred in connection with the performance of services under this Agreement provided that Contractor has obtained prior approval from Contractor’s principal SLC contact and submits verification of such expenses as SLC may require.







Payment Requirements:


SLC will pay Contractor the monthly consulting fee by the 15th of the applicable month, without the need for invoice.  For expenses, Contractor shall invoice SLC.  SLC will pay invoices within thirty (30) days of receipt.







Note:    This Project Assignment is governed by the terms of an Independent Contractor Services Agreement in effect between SLc and Contractor.  Any item in this Project Assignment which is inconsistent with that Agreement is invalid.








	
Signed:

	
/s/ Cheryl Leatherbury

	  	
/s/ Mike Moses


	
 

	
For Client Hiring Manager

	  	
For Contractor


	  	  	  	  
	
Dated:

	
2/17/2010

	  	
2/16/10
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 10-40928 Summary Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee

v. JOSHUA DAVID COWAN, Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:10-CR-4-1
Before KING, JOLLY, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Joshua David Cowan has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 ( 1967), and United State s v . Flores , 632 F.3d 229 ( 5th Cir. 2011). Cowan has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Cowan’s response. We concur with counsel’s assessment that the appeal presents no no n f riv olous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D April 27 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR
. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR
. R. 47.5 .4. Case: 10-40928 Document: 00511837982 Page: 1 Date Filed: 04/27/2012No. 10-40928

G RANTED, counsel is excused from further responsibilities herein, a n d t h e APPEAL IS DISMI SSED. See 5 T H C I R
. R. 42.2. Cowan’s motion for the appointment of new counsel is DENIED.

2 Case: 10-40928 Document: 00511837982 Page: 2 Date Filed: 04/27/2012