alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Louis B. GASKIN, Appellant, v. STATE of Florida, Appellee.

No. SC17-2190

Supreme Court of Florida.

[February 28, 2018]

James Vincent Viggiano, Jr., Capital Collateral Regional Counsel, James L. Driscoll Jr., David Dixon Hendry and Gregory W. Brown, Assistant Capital Collateral Regional Counsel, Middle Region, Temple Terrace, Florida, for Appellant

Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Scott A. Browne, Senior Assistant Attorney General, Tampa, Florida, for Appellee

PER CURIAM.

We have for review Louis B. Gaskin's appeal of the circuit court's order denying Gaskin's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. *See* art. V, § 3(b)(1), Fla. Const.

Gaskin's motion sought relief pursuant to the United States Supreme Court's decision in *Hurst v. Florida* , --- U.S. ----, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and our decision on remand in *Hurst v. State* (*Hurst* ), 202 So.3d 40 (Fla. 2016), *cert. denied* , --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). After this Court decided *Hitchcock v. State* , 226 So.3d 216 (Fla.), *cert. denied* , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), Gaskin responded to this Court's order to show cause arguing why *Hitchcock* should not be dispositive in this case.

After reviewing Gaskin's response to the order to show cause, as well as the State's arguments in reply, we conclude that Gaskin is not entitled to relief. Gaskin was sentenced to two sentences of death following a jury's recommendation for "two death sentences for [two] murders [both] by a vote of eight to four." *Gaskin v. State* , 218 So.3d 399, 400 (Fla. 2017) (citing *Gaskin v. State* , 591 So.2d 917, 919 (Fla. 1991) ). Gaskin's sentence of death became final in 1993. *Id.* at 401. Thus, as this Court has previously determined, *Hurst* does not apply retroactively to Gaskin's sentence of death. *See**Hitchcock* , 226 So.3d at 217 ; *Gaskin* , 218 So.3d at 401 (denying Gaskin's claim to relief under *Hurst v. Florida* ). Accordingly, we affirm the denial of Gaskin's motion.

The Court having carefully considered all arguments raised by Gaskin, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.

LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur.

PARIENTE, J., concurs in result with an opinion.

LEWIS and CANADY, JJ., concur in result.

PARIENTE, J., concurring in result.

I concur in result because I recognize that this Court's opinion in *Hitchcock v. State* , 226 So.3d 216 (Fla. 2017), *cert. denied* , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), is now final. However, I continue to adhere to the views expressed in my dissenting opinion in *Hitchcock* .
[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Page 15066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7455]


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

DEPARTMENT OF VETERANS AFFAIRS


Advisory Committee on Cemeteries and Memorials; Notice of Meeting

    The Department of Veterans Affairs (VA) gives notice under Public 
Law 92-463 (Federal Advisory Committee Act) that a meeting of the 
Advisory Committee on Cemeteries and Memorials will be held on May 5-6, 
2009, at the El Paso Marriott, 1600 Airway Boulevard, El Paso, Texas. 
On May 5, the meeting will begin at 8 a.m. and end at 3:45 p.m. and on 
May 6, the meeting will begin at 8:30 a.m. and end at 4 p.m. The 
meeting is open to the public.
    The purpose of the Committee is to advise the Secretary of Veterans 
Affairs on the administration of national cemeteries, soldiers' lots 
and plots, the selection of new national cemetery sites, the erection 
of appropriate memorials, and the adequacy of Federal burial benefits.
    On May 5, the Committee will receive updates on National Cemetery 
Administration issues. On May 6, the Committee will tour Fort Bliss 
National Cemetery, located at 5200 Fred Wilson Boulevard, El Paso, 
Texas, and then reconvene at the hotel for a business session in the 
afternoon. The May 6 session will include discussions of Committee 
recommendations, future meeting sites, and potential agenda topics at 
future meetings.
    Time will not be allocated for receiving oral presentations from 
the public.
    Any member of the public wishing to attend the meeting should 
contact Mr. Michael Nacincik, Designated Federal Officer, at (202) 461-
6240. The Committee will accept written comments. Comments may be 
transmitted electronically to the Committee at <a href="/cdn-cgi/l/email-protection#7835111b10191d145616380e19561f170e"><span class="__cf_email__" data-cfemail="612c08020900040d4f0f2117004f060e17">[email protected]</span></a>, or 
mailed to the National Cemetery Administration (41C2), 810 Vermont 
Avenue, NW., Washington, DC 20420. In the public's communications with 
the Committee, the writers must identify themselves and state the 
organizations, associations, or persons they represent.

    Dated: March 27, 2009.

    By Direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
 [FR Doc. E9-7455 Filed 4-1-09; 8:45 am]
BILLING CODE 8320-01-P


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**Exhibit 99.6**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. § 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of Franco-Nevada Corporation (the “Company”) on Form 40-F for the year ended December 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David Harquail, the President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 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.

 
| Date:  March 29,   2012 |                                    |
|----------------------------------------|-----------------------------------------|
|                                   |                                    |
|                                   | /s/   David Harquail                    |
|                                   | David   Harquail                        |
|                                   | President   and Chief Executive Officer |

 

----
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Page 61283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27910]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ18-6-000]


City of Riverside, California; Notice of Filing

    Take notice that on December 18, 2017, City of Riverside, 
California submitted its tariff filing: City of Riverside 2018 TRBAA/
ETC Update to be effective 1/1/2018.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 5 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
eLibrary link and is available for electronic review in the 
Commission's Public Reference Room in Washington, DC. There is an 
eSubscription link on the website that enables subscribers to receive 
email notification when a document is added to a subscribed docket(s). 
For assistance with any FERC Online service, please email 
<a href="/cdn-cgi/l/email-protection#0e484b5c4d41606267606b5d7b7e7e617c7a4e686b7c6d20696178"><span class="__cf_email__" data-cfemail="a5e3e0f7e6eacbc9cccbc0f6d0d5d5cad7d1e5c3c0d7c68bc2cad3">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5:00 p.m. Eastern Time on January 8, 2018.

    Dated: December 20, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-27910 Filed 12-26-17; 8:45 am]
 BILLING CODE 6717-01-P


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Government Regulatory

 Impact Model

Summary Report for 

Central ACs and Heat Pumps

SAC -- 12 SEER

PreRegulation Post- Regulation

SHP -- 13 SEER (Base) (Standard)PAC -- 12 SEER 2006 2006PHP -- 13 SEERUnit Shipments (000,000) 1.19 1.23

Price per unit (weighted avg.) 571 $ 762 $ 

Total Revenues ($000,000) $ 904 703 $ 

Profit After Tax ($000,000) $ 29 23 $ 

Net Cash Flow (2007) ($000,000) $ 26 20 $ Industry Value thru 2016 ($000,000) $ 407 375 $ 

$ 31

8.4%

MAJOR ASSUMPTIONSManufacturing Costs

Materials per Unit $ 483 362 $ 

Labor per Unit $ 41 31 $ 

Overhead per Unit $ 78 58 $ 

Conversion Cost

Capital Expenditures ($000,000) $ 30

Product Conversion Costs ($000,000) $ 38

$ 68

Change in Industry Value

8/29/2006 Summary Report
EXHIBIT 10.4


 


Amendment of Employment Offer Letter


 


This Amendment (the “Amendment”) is entered into as of December 31,
2007, by and between Richard C. Tarbox III, an individual (“Executive”), and Quidel Corporation, a
Delaware corporation (“Quidel”) in
connection with that certain Employment Offer Letter (the “Offer Letter”), dated as of June 19,
2007 by and between Executive and Quidel. 
Terms which are not otherwise defined in this Amendment shall have the
same meanings accorded to them in the Offer Letter.


 


Executive and
Quidel hereby agree as follows:


 


1.             Update of
Severance Provision.  The parties
agree that the following sentence shall be included at the end of the paragraph
regarding “Severance” in the Offer Letter:


 


“Such severance payment shall be paid in a lump sum within ten (10) days
after the employment termination date.”


 


2.             Miscellaneous.  This Amendment may be executed in
counterparts, including counterparts transmitted by facsimile, each of which
shall be deemed an original, but all of which shall constitute one and the same
instrument.  No other changes or
modifications are made to the Offer Letter by this Amendment, and all other
terms and conditions in the Offer Letter remain in full force and effect as set
forth therein.


 


[Signature Page Follows]


 

















 


IN WITNESS
WHEREOF, each of the parties hereto has executed this Amendment as of the date
first written above.


 


	
   

  	
  Richard C.
  Tarbox, III

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Richard C. Tarbox III

  
	
   

  	
  Name:

  	
  Richard C. Tarbox III

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  Quidel Corporation,

  
	
   

  	
  a Delaware corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Caren Mason

  
	
   

  	
  Name:

  	
  Caren Mason

  
	
   

  	
  Title:

  	
  President and Chief Executive

  Officer

  



 


2
CERTIFICATIONS
 Exhibit 31.1
  1.
    
    I have reviewed this report on Form 10-Q of Veramark Technologies, Inc.
 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 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 defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant 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 registrant, including its consolidated subsidiaries, is made
known to us by others within those entities, particularly during the period in which
this quarterly report is being prepared;
 b)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this quarterly report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this
quarterly report based on such evaluation; and
 c)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
that has materially affected, or is reasonably like to materially affect, the
registrants internal control over financial reporting.
 d)
    
    The registrants independent auditors have not attested to the adequacy of our
system of internal controls and procedures over financial reporting, as no such
attestation is required given the registrants filing status as a smaller reporting
company.
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of the internal control over financial reporting, to the registrants auditors and
the audit committee of registrants board of directors (or persons performing the equivalent
function):
 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 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 12, 2011
    By:
    /s/Anthony C. MazzulloAnthony C. MazzulloPresident and Chief Executive Officer
Exhibit 23.1
 Consent of Independent Registered Public Accounting Firm
  Registration Statement Form S-3 (No. 333-150764-01) of Weatherford International Ltd.,Registration Statement Form S-3 (No. 333-135244-02) of Weatherford International Ltd.,Registration Statement Form S-3 (No. 333-169400) of Weatherford International Ltd.,Registration Statement Form S-8 (No. 033-65790-99-100) pertaining to the Weatherford International,
Inc. Executive Deferred Compensation Stock Ownership Plan,Registration Statement Form S-8 (No. 033-64349-99-100) pertaining to the Weatherford International
Ltd. Amended and Restated Non-Employee Director Stock Option Plan,Registration Statement Form S-8 (No. 333-13531-99-100) pertaining to the Weatherford International,
Inc. Executive Deferred Compensation Stock Ownership Plan; and Weatherford International, Inc.
Foreign Executive Deferred Compensation Stock Plan,Registration Statement Form S-8 (No. 333-36598-99-100) pertaining to the Weatherford International,
Inc. 1998 Employee Stock Option Plan; Weatherford International, Inc. 401(k) Savings Plan; and
Stock Option Agreements dated September 8, 1998 with Non-employee Directors,Registration Statement Form S-8 (No. 333-48320-99-100) pertaining to the Weatherford International,
Inc. 1998 Employee Stock Option Plan,Registration Statement Form S-8 (No. 333-48322-99-100) pertaining to the Weatherford Stock Option
Agreements dated July 5, 2000 with Non-Employee Directors,Registration Statement Form S-8 (No. 333-53633-99-100) pertaining to the Weatherford International
Ltd. Amended and Restated Non-Employee Director Stock Option Plan,Registration Statement Form S-8 (No. 333-81678-99-100) pertaining to the Weatherford International,
Inc. 1998 Employee Stock Option Plan,Registration Statement Form S-8 (No. 333-81676-99-100) pertaining to the Stock Option Agreements
dated September 26, 2001 with Non-Employee Directors of Weatherford International Ltd.,Registration Statement Form S-8 (No. 333-112378-01) pertaining to the Weatherford International,
Inc. Non-Employee Director Deferred Compensation Plan; Weatherford International, Inc. Foreign
Executive Deferred Compensation Stock Plan; Weatherford International Ltd. Restricted Shares Plan;
Weatherford International, Inc. 401(k) Savings Plan,Registration Statement Form S-8 (No. 333-134425-01) pertaining to the Weatherford International
Ltd. 2006 Omnibus Incentive Plan, andRegistration Statement Form S-8 (No. 333-167959) pertaining to the Weatherford International Ltd.
2010 Omnibus Incentive Plan;
  /s/ Ernst & Young

Houston, Texas 
March 8, 2011
RIVIERA MOTEL, LLC, et al., Appellant/Petitioner(s), v. Kiran PATEL, et al., Appellee/Respondent(s).

CASE NO.: 2D17-0851

District Court of Appeal of Florida, Second District.

June 21, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20- 0077 CITY OF WHITEFISH ,

Plaintiff and Appellee,
v. PHILIP ARGALL,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including February 8, 2021 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

January 5 2021

01/05/2021

Case Number: DA 20-0077
T.J., a child, Appellant, v. STATE of Florida, Appellee.

No. 4D16-1832

District Court of Appeal of Florida, Fourth District.

[January 18, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Nathaniel STEPHENS, Appellant, v. STATE of Florida, Appellee.

No. 4D17-1570

District Court of Appeal of Florida, Fourth District.

[January 18, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Page 405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28368]


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

POSTAL SERVICE


Product Change--Priority Mail Negotiated Service Agreement

AGENCY: Postal Service <SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: January 3, 2018.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202-268-3179.

SUPPLEMENTARY INFORMATION: The United States Postal Service [supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 27, 2017, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Contract 411 to Competitive Product 
List. Documents are available at www.prc.gov, Docket Nos. MC2018-106, 
CP2018-148.

Elizabeth A. Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2017-28368 Filed 1-2-18; 8:45 am]
 BILLING CODE 7710-12-P
Motion Granted and Order filed September 24, 2013. 

In The

Fourteenth Court of Appeals

____________

NO. 14-13-00751-CV

____________

IN RE BDPJ HOUSTON, LLC, Relator

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2010-54130

ORDER

On August 27, 2013, relator BDPJ Houston, LLC filed a petition for writ of 

mandamus in this court. See Tex. Gov’t Code § 22.221. Relator asks this court to 

order the Honorable Jaclanel McFarland, judge of the 133rd District Court of 

Harris County, to set aside her order dated August 19, 2013, entered in trial court 

cause number 2010-54130, styled Water Rescue, Inc. v. Central Management, Inc. 

and BDPJ Houston, LLC. Relator asserts respondent abused her discretion by 

compelling the production of documents evidencing the amount, location, and 

expenditure of confidential settlement funds.
Relator also has filed a motion for a temporary stay of the proceedings 

below. See Tex. R. App. P. 52.8(b), 52.10. On August 27, 2013, relator asked this 

court to stay the trial court’s order compelling production pending a decision on 

the petition for writ of mandamus.

It appears from the facts stated in the petition and motion that relator’s 

request for relief requires further consideration and that relator will be prejudiced 

unless immediate temporary relief is granted. We therefore GRANT relator’s 

motion and issue the following order:

We ORDER the trial court’s August 19, 2013 order compelling production

in trial court cause number 2010-54130, styled Water Rescue, Inc. v. Central 

Management, Inc. and BDPJ Houston, LLC., STAYED until a final decision by 

this court on relator’s petition for writ of mandamus, or until further order of this 

court.

In addition, the court requests Central Management, Inc., the real party in

interest, to file a response to the petition for writ of mandamus on or before 

October 8, 2013. See Tex. R. App. P. 52.4. 

PER CURIAM

Panel consists of Justices Frost, Busby, and Donovan.