alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I. Q. 

COAT OF APPEALS. DIVISION 11

2014 ScP - 9 PM 9: 22

s

TON

BY

IN THE COURT OF APPEALS OF THE STATE OF WASHING

STATE OF WASHINGTON, 

DIVISION II

Respondent, 

v. 

JOSEPH MADISON MCCLENNY, 

Appellant. 

No. 45245 -6 -II

UNPUBLISHED OPINION

MELNICK, J. — Following a bench trial, the court found Joseph Madison McClenny guilty

of possession of a controlled substance, methamphetamine. McClenny appeals his conviction

arguing the trial court erred by failing to enter written findings of fact and conclusions of law. The

State concedes error and agrees that the case should be remanded. We accept the State' s

concession and remand to the trial court for entry of written findings of facts and conclusions of

law as required by law. 

FACTS

Officers arrested Joseph Madison McClenny during a routine traffic stop after dispatch

confirmed a valid felony warrant for his arrest existed. Incident to his arrest, the police searched

McClenny' s person and found plastic baggies containing several needles and a white crystal

substance, which tested positive for methamphetamine. The State charged McClenny with one

count of possession of methamphetamine. 
45245 -6 -II

McClenny waived his rights to a jury trial and moved for suppression of evidence under

CrR 3. 5. The trial court conducted the CrR 3. 5 hearing and bench trial in one hearing. The court

denied McClenny' s CrR 3. 5 motion and convicted him as charged. However, the trial court did

not enter written findings of fact and conclusions of law for either the trial or the confession

hearing. 

ANALYSIS

The trial court is required to enter written findings of fact and conclusions of law following

a bench trial. CrR 6. 1( d). Additionally, it is the duty ofthe court in a confession hearing to record

and set forth in writing "( 1) the undisputed facts; ( 2) the disputed facts; ( 3) conclusions as to the

disputed facts; and ( 4) conclusion as to whether the statement is admissible and the reasons

therefor." CrR 3. 5( c). 

These requirements for written findings and conclusions facilitate the appellate review

process. State v. Head, 136 Wn.2d 619, 622, 964 P. 2d 1187 ( 1998). A court' s oral opinion "' has

no formal or binding effect ' until it is formally incorporated in written findings, conclusions, and

judgment. Head, 136 Wn.2d at 622 ( quoting State v. Mallory, 69 Wn.2d 532, 533, 419 P.2d 324

1966)). The trial court' s failure to follow the above -cited rules is remand. Head, 136 Wn.2d at

623. 

2
45245 -6 -II

Because the trial court did not enter findings of fact and conclusions of law after either the

bench trial or the CrR 3. 5 hearing, we accept the State' s concession and remand to the trial court

with directions that it enter written findings of fact and conclusions of law as required. 

A majority of the panel having determined that this opinion will not be printed in the

Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, 

it is so ordered. 

We concur:
##### 



Exhibit 99.2 ANNUAL STATEMENT OF COMPLIANCEPrincipal Life Income Fundings Trust 2004-62 (the Trust) I, Nancy H. Forte, a duly elected and acting officer of Citibank, N.A. (Indenture Trustee),
do hereby certify on behalf of the Indenture Trustee, that: 1. I have reviewed and examined the performance by the Indenture Trustee of the application of
trust money collected by the Indenture Trustee pursuant to Section 5.02 and, if applicable, Section
6.06 of the Indenture pursuant to which the Trusts notes were issued during the fiscal year ending
December 31, 2004 (the Relevant Year); and 2. Based upon my review and examination described in 1 above, and except as provided in the
Report of Independent Registered Public Accounting Firm on Compliance, dated March 15, 2005,
prepared by the Ernst & Young LLP substantially in accordance with Section 4.05 of the Expense and
Indemnity Agreement, to the best of my knowledge, the application of trust money collected by the
Indenture Trustee pursuant to Section 5.02 and, if applicable, Section 6.06 of the Indenture was
performed in accordance with the terms of the Indenture throughout the Relevant Year. CITIBANK, N.A., as Indenture Trustee By:

/s/
Nancy H. ForteName:
    Nancy H. ForteTitle:
    Assistant Vice President Date: March 29, 2005
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-10802

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

OSCAR LEONEL CASILLAS, JR.,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 6:09-CR-2-1

Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM:

*

The Federal Public Defender appointed to represent Oscar Leonel Casillas,

Jr., has moved for leave to withdraw and has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967). Casillas has not filed a response. Our

independent review of the record and counsel’s brief discloses no nonfrivolous

issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

August 17, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 09-10802 Document: 00511205610 Page: 1 Date Filed: 08/17/2010
II 

112TH CONGRESS 

2D SESSION S. 2901 

To suspend temporarily the duty on cyasorb 3346. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2012 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on cyasorb 3346. 

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

3 SECTION 1. CYASORB 3346. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Poly(N,N′-bis(2,2,6,6- 

tetramethyl-4-piperidinyl)1,6- 

diaminohexane-co-2,4- 

dichloro-6-(4-morpholinyl)- 

1,3,5-triazine) ........................ Free No change No change On or before 

12/31/2015 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies with respect to goods entered, or 


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2 

•S 2901 IS

1 withdrawn from warehouse for consumption, on or after 

2 the 15th day after the date of the enactment of this Act. 

Æ 


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Tyler KEAN v. Christine KEAN

2150820

Court of Civil Appeals of Alabama.

January 27, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
### IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II

In the Matter of the No. 52723

- 5

- II

Personal Restraint of

DAVID JAMES DAMON ALEXANDER,

Petitioner.

UNPUBLISHED OPINION

M ELNICK

, J.

— David Alexander seeks relief from personal restraint imposed as a result

of his 2016 plea of guilty to two counts of third degree assault. He argues that the Department of

Corrections (DOC) has acted arbitrarily and capriciously in refusing to releas e him early from his

term of confinement. He became eligible for release on November 25, 2018.

Before an offender can be released under earned early release, he must obtain approval by

the DOC of his release location. RCW 9.94A.703(2)(e). The DOC can reject a proposed release

location if that location may “place the offender at risk to reoffend, or present a risk to victim

safety or community safety.” RCW 9.94A.729(5)(c).

Alexander’s proposed release location was with his fiancée and her teenage dau ghter. The

DOC rejected this location based upon Alexander’s history of violence and the isolated nature of

the location. That history includes the two assaults for which he is currently confined, a 2000 Filed Washington State Court of Appeals

Division Two

March 26, 2019No. 52723

- 5

- II

2

California battery conviction and assault convicti ons in 2006, 2010, and 2012. 1 Given this history

of assaultive behaviors, Alexander does not show that the DOC acted arbitrarily or capriciously in

rejecting his proposed release location.

Alexander does not present any grounds for relief from restrain t. We therefore deny his

petition. His request for appointment of counsel is denied.

A majority of the panel having determined that this opinion will not be printed in the

Washington Appellate Reports, but will be filed for public record in accordance w ith RCW 2.06.040,

it is so ordered.

MELNICK, J.

We concur:

MAXA, C.J.

LEE, J.

1 Alexander’s motion to strike the reference to a rape from the DOC’s response is granted. That is only an allegation, contained in a police report, not an adjudicated fact.
# Official Journal C 333/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 333 |
| | |
| English edition | Information and Notices | Volume 6119 September 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 333

English edition

Information and Notices

Volume 6119 September 2018

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2018/C 333/01 | Joint statement by the European Parliament and the Council relating to Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2018/C 333/01

Joint statement by the European Parliament and the Council relating to Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226

1

---

| EN | |
| --- | --- |

EN
II 

112TH CONGRESS 

2D SESSION S. 2778 

To suspend temporarily the duty on reaction product of 3,5-dimethyl-1,2- 

diazole with polymer of hexane-1,6-diyl diisocyanate. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2012 

Mr. CASEY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on reaction product of 

3,5-dimethyl-1,2-diazole with polymer of hexane-1,6-diyl 

diisocyanate. 

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

3 SECTION 1. REACTION PRODUCT OF 3,5-DIMETHYL-1,2-DIA4 ZOLE WITH POLYMER OF HEXANE-1,6-DIYL 

5 DIISOCYANATE. 

6 (a) IN GENERAL.—Subchapter II of chapter 99 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended by inserting in numerical sequence the following 

9 new heading: 


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2 

•S 2778 IS

‘‘ 9902.01.00 Reaction product of 3,5-dimethyl-1,2-diazole with polymer of hexane-1,6-diyl 

diisocyanate (CAS No. 

163206–31–3) in organic solvent (provided for in subheading 3911.90.90) ............. Free No change No change On or before 

12/31/2015 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act. 

Æ 


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QuickLinks
 -- Click here to rapidly navigate through this document











 



 
 

Exhibit 10.41    
    


         

  


February 20,
2007 


Alan
G. Morse

c/o iPCS, Inc.

1901 N. Roselle Road

Schaumburg, IL 60195 


Dear Mr. Morse: 


        Reference
is made to the Employment Agreement, dated as of August 5, 2005 (the "Employment Agreement"), between you and iPCS Wireless, Inc., and to the Agreement and
General Release, dated as of February 12, 2007 (the "Release"), between you and iPCS Wireless, Inc. Capitalized terms used herein but not defined herein shall have the meanings set forth
in the Employment Agreement. 


        In
consideration for your execution of the Release, the Company hereby agrees to amend the Employment Agreement, effective on the date that the Release becomes final and irrevocable, to
provide that, notwithstanding anything to the contrary in the Employment Agreement: 


        1.     The
Company shall delay the payments and benefits set forth in clauses (i), (ii) and (iii) of Section 5(d) of the Employment Agreement until
the first business day following the six-month anniversary of the Termination Date (such date being the "Initial Payment Date"). 


        2.     On
the Initial Payment Date, the Company shall (a) make a single cash lump sum payment to Executive in an amount equal to the aggregate amount of all payments
that, but for this amendment, would have been made to Executive pursuant to clauses (i), (ii) and (iii) of Section 5(d) of the Employment Agreement during the
six-months immediately preceding the Initial Payment Date and (b) thereafter continue to provide the payments and benefits pursuant to clauses (i) and (ii) of
Section 5(d) of the Employment Agreement for the remainder of the Continuation Period (which will not exceed 12 months from the Initial Payment Date). 


        The
foregoing change will constitute an amendment of your Employment Agreement when the Release becomes final and irrevocable. Please acknowledge this amendment by countersigning below. 



	

 	
 	

Very truly yours,


 iPCS, Inc.
	

 	
 	

By:	
 	

/s/ Timothy M. Yager
 Name: Timothy M. Yager

Title:  President and CEO





	

 	
 	

 	
 	

 
	AGREED AND ACKNOWLEDGED

this 22nd day of February, 2007
	

 	
 	

 	
 	

 
	By:	 	Alan G. Morse
	 	 













QuickLinks



Exhibit 10.41
EXHIBIT 99.3 – CERTIFICATION OF CEO

CERTIFICATIONS

I, Tom L Kirchner, certify that:- I have reviewed this quarterly report on Form 10-QSB of Electronic Systems Technology    Inc.;    
- Based on my knowledge, this quarterly 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 quarterly report;    
- Based on my knowledge, the financial statements, and other financial information    included in this quarterly 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 quarterly report;    
- The Registrant’s other certifying officers and I are responsible for establishing    and maintaining disclosure controls and procedures (as defined in Exchange Act Rules    13a-14 and 15d-14) for the Registrant and have:  
- designed such disclosure controls and procedures 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;    
- evaluated the effectiveness of the Registrant’s disclosure controls and procedures    as of a date within 90 days prior to the filing date of this quarterly report (the    "Evaluation Date"); and    
- presented in this quarterly report our conclusions about the effectiveness of the    disclosure controls and procedures based on our evaluation as of the Evaluation Date;  
- The Registrant’s other certifying officers and I have disclosed, based on our most    recent evaluation, to the Registrant’s auditor’s and the audit committee of    Registrant’s board of directors (or persons performing the equivalent functions):  
- all significant deficiencies in the design or operation of internal controls which could    adversely affect the Registrant’s ability to record, process, summarize and report    financial data and have identified for the Registrant’s auditors any material    weaknesses in internal controls; and    
- any fraud, whether or not material, that involves management or other employees who have    a significant role in the Registrant’s internal controls; and  
- The Registrant’s other certifying officers and I have indicated in this quarterly    report whether or not there were significant changes in internal controls or in other    factors that could significantly affect internal control subsequent to the date of our    most recent evaluation, including any corrective actions with regard to significant    deficiencies and material weaknesses.

 

Date: August 11, 2003

/s/ TOM L KIRCHNERTom L. Kirchner President and Chief Executive Officer
NOTE: This disposition is nonprecedential.



## United States Court of Appeals for the Federal Circuit

2006-1565, -1566

POSTX CORPORATION,

Plaintiff/Counterclai m Defendant-Appellee,

and

MAYFIELD PRINCIPALS FUND II , MAYFIELD XI QUALIFIED,
MAYFIELD XI, MAYFIELD IX, L.P ., MAYFIELD ASSOCIATES FUND VI,
and MAYFIELD ASSOCIATES FUND IV, L.P.,

Counterclaim Defendants-Appellees,

v.

SECURE DATA IN MOTION, INC. (doing business as Sigaba),

Defendant/Counterclaimant-Appellant.

George M. Sirilla , Pillsbury Winthrop Shaw Pi ttman LLP, of McLean, Virginia, argued for plaintiff/counterclaim defendant-appellee, PostX Co rporation, and counterclaim defendants-appellees, Mayfield Principals Fund II, et al. With him on the brief were Joseph R. Tiffany II and John M. Grenfell , of Palo Alto, California, and Kevin T. Kramer , of Washington, DC. Of counsel on the brief was William F. Abrams , Bingham McCutchen
LLP, of Palo Alto, California.

John L. Cooper , Farella Braun and Martel LLP, of San Francisco, California, argued for defendant/counterclaimant -appellant, Secure Data in Motion, Inc. (doing business as Sigaba). With him on the brief were Jeffrey M. Fisher and Stephanie Powers

Skaff . Of counsel were Eric W. Bass and James W. Morando

.

Appealed from: United States District Cour t for the Northern District of California

Judge Susan IllstonNOTE: This disposition is nonprecedential.



## United States Court of Appeals for the Federal Circuit

2006-1565, -1566

POSTX CORPORATION,

Plaintiff/Counterclaim Defendant-Appellee,

and

MAYFIELD PRINCIPALS FUND II , MAYFIELD XI QUALIFIED,
MAYFIELD XI, MAYFIELD IX, L.P ., MAYFIELD ASSOCIATES FUND VI,
and MAYFIELD ASSOCIATES FUND IV, L.P., Counterclaim Defendants-Appellees,

v.

SECURE DATA IN MOTION, INC. (doing business as Sigaba), Defendant/Counterciaimant-Appellant.



## Judgment

ON APPEAL from the United St ates District Court for

the Northern District of California

in CASE NO(S). 02-CV-04483 and 03-CV-00521

This CAUSE having been hear d and considered, it is

ORDERED and ADJUDGED:

Per Curiam (NEWMAN, LOURIE, and PROST, Circuit Judges ).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED: August 17, 2007 /s/ Jan Horbaly Jan Horbaly, Clerk
<TABLE>
                                  EXHIBIT 11

                        COMPUTATION OF PER SHARE EARNINGS

                      (IN THOUSANDS, EXCEPT PER SHARE DATA)
<CAPTION>

                                                                                                          Six months ended
                                                                                                              June 30,
                                                                                                      -----------------------------
                                                                                                      1997                     1996
                                                                                                     -------                 -------

<S>                                                                                                  <C>                      <C>   
Net income .......................................................................                   $3,975                   $3,090

Weighted average common shares outstanding .......................................                    4,290                    4,255

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

NET INCOME PER COMMON SHARE ......................................................                   $ 0.93                   $ 0.73
                                                                                                     ======                   ======
</TABLE>
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

277 

KA 10-01177 

PRESENT: CENTRA, J.P., CARNI, LINDLEY, SCONIERS, AND MARTOCHE, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V ORDER

MICHAEL J. HESS, DEFENDANT-APPELLANT. 

 

SCOTT P. FALVEY, CANANDAIGUA, FOR DEFENDANT-APPELLANT. 

R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (BRIAN D. DENNIS

OF COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Ontario County Court (Craig J.

Doran, J.), rendered June 30, 2009. The judgment convicted defendant,

upon his plea of guilty, of criminal possession of a controlled

substance in the fifth degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Entered: March 16, 2012 Frances E. Cafarell

Clerk of the Court
Flight LogFlight Log
II 

112TH CONGRESS 

2D SESSION S. 2816 

To suspend temporarily the duty on cellular plastic sheets for micron-retention 

filters. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2012 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on cellular plastic sheets 

for micron-retention filters. 

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

3 SECTION 1. CELLULAR PLASTIC SHEETS FOR MICRON-RE4 TENTION FILTERS. 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 2816 IS

‘‘ 9902.01.00 Plastic Sheets; of polytetrafluoroethylene measuring 10 microns to 140 

microns thick with pore 

size ranging from 0.03 to 

0.15 microns, or of 

polysulfone, for use in 

manufacturing filters of 

heading 8421 (provided for 

in subheading 3921.19.00) Free No change No change On or before 

12/31/2015 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


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