alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Daryl Lamar BROWN, Appellant, v. STATE of Florida, Appellee.

No. 1D17-905

District Court of Appeal of Florida, First District.

June 28, 2018

Daryl Lamar Brown, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Daryl Brown appeals the denial of his post-conviction motion alleging in part that his trial counsel was ineffective for allowing him to proceed to trial despite a court-ordered competency evaluation having not been completed. Two court-ordered evaluations determined Brown was competent, but the trial court ordered a third competency evaluation. Thereafter, new counsel for Mr. Brown took over before trial, but was unaware of the previous order and was under the impression that, because of the results of the previous evaluations, and because his interactions with Mr. Brown led him to believe that Mr. Brown was competent to stand trial, no reason existed for another competency evaluation.

In denying Mr. Brown's post-conviction motion, the trial court concluded that the "two prior evaluations found that the Defendant was competent and the counsel's credible testimony that his personal interaction with the Defendant did not cause him any concern that the Defendant was incompetent to stand trial." It was error, however, to deny relief on the basis of the prior reports and counsel's personal interactions, which are not substitutes for the court-ordered competency report about which new counsel was unaware (he testified he reviewed Brown's file but that he "had a large caseload at that time so it is very possible that [he] missed something in there"). A third competency report would not have been ordered absent a basis for doing so; and a hearing should have been held thereafter. Under these circumstances, where a report was necessitated but never conducted and new counsel was unaware of the matter, a conditional reversal is required to determine whether a nunc pro tunc order of competency is possible. *Brooks v. State* , 180 So.3d 1094, 1095 (Fla. 1st DCA 2015) ("But there is nothing in the record to indicate an evaluation ever occurred, and after a new judge and new defense counsel were assigned to the case, no further requests for an evaluation appear to have been made.").

Accordingly, Mr. Brown's judgments and sentences are reversed pending further proceedings. On remand, the court may make a nunc pro tunc determination of competency finding that Mr. Brown was in fact competent at the time of his trial; if that finding cannot be made, the court shall make a present competency determination to stand trial, and if Mr. Brown is competent, conduct a new trial. *See**Pamphile v. State* , 216 So.3d 765 (Fla. 1st DCA 2017) (reversing the defendant's judgments and sentences pending determination of competency on remand for failure to complete court-ordered competency evaluation). The trial court's post-conviction order is affirmed in all other respects.

REVERSED and REMANDED for further proceedings.

Lewis, Makar, and Osterhaus, JJ., concur.
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Data Access        March 4, 2019        National Water Information System (NWIS) Mapper
[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Corrections]
[Page 7050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-50223]



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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 94-19]


Terrence E. Murphy, M.D.; Revocation of Registration

Correction

    In notice document 96-1559 beginning on page 2841, in the issue of 
Monday, January 29, 1996, make the following correction:
    On page 2841, in the 3d column, in the 1st paragraph, in the 14th 
line, ``consistent'' should read ``inconsistent''.

BILLING CODE 1505-01-D
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Presentations and Events        November 15, 2016        Surprising Role of Trees in the Boreal Water Cycle

Presentations and Events        February 28, 2017        Assessing Soil Moisture Availability Across the Gulf of Alaska Region

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United States Bankruptcy Court

Southern District of Florida

In re City Vision National Revitalization, LLC Case No. 21-21042-MAM

Debtor(s) Chapter 7

CORPORATE OWNERSHIP STATEMENT (RULE 7007.1) - AMENDED

Pursuant to Federal Rule of Bankruptcy Procedure 7007.1 and to enable the Judges to evaluate possible disqualification or

recusal, the undersigned counsel for City Vision National Revitalization, LLC in the above captioned action, certifies that

the following is a (are) corporation(s), other than the debtor or a governmental unit, that directly or indirectly own(s) 10%

or more of any class of the corporation's(s') equity interests, or states that there are no entities to report under FRBP

7007.1:

City Revitalization, LLC

1095 Broken Sound Parkway, NW

Suite 100

Boca Raton, FL 33487

 None [Check if applicable]

January 31, 2022 /s/ Joshua M. Liszt

Date Joshua M. Liszt 0725811

Signature of Attorney or Litigant

Counsel for City Vision National Revitalization, LLC

Liszt Law, PA

1095 Broken Sound Parkway, NW

Suite 100

Boca Raton, FL

561-400-9053

josh@oceantitle.com

Software Copyright (c) 1996-2021 Best Case, LLC - www.bestcase.com Best Case Bankruptcy

Case 21-21042-MAM Doc 15 Filed 01/31/22 Page 1 of 1
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 Basset Enterprises, Inc. (the "Company") on Form 10-Q for the period ended March 31, 2008 (the Report), I, Cosmo Palmieri, 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 the requirement 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 Company's financial position and results of operations.  May 14, 2008 /s/Cosmo Palmieri     President
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Data Release        January 20, 2022        Data and shapefiles used to document the floods associated with the January and March 2018 Nor'easters for Coastal Areas of New England (ver. 2.0, November 2021)
Exhibit
32.01





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 Platina Energy Group Inc. (the
"Company") on Form 10-Q for the quarter ended September 30, 2008 as filed
with the Securities and Exchange Commission on or about the date hereof
("Report"), the undersigned, in the capacities and on the dates indicated below,
hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to his
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.





Dated: November
19,
2008                                                                                     /s/ Blair J.
Merriam


Blair J.
Merriam,


Chief Executive
Officer
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publication        July 15, 2020        Assessing the vulnerability of military installations in the coterminous United States to potential biome shifts resulting from rapid climate change
Exhibit 10.37

February 4, 2009

Mr. Herb Henkel

28881
Girard Terrace

Naples, FL 34110



|    |  |                                         
|--- |  | ----------------------------------------
|RE: |  | Ingersoll-Rand Company                  
|    |  | Elected Officers Supplemental Program II

Dear Mr. Herb:

In furtherance of the approvals from the Board of Directors of Ingersoll-Rand Company Limited (Board) and the Compensation Committee of the Board (Compensation Committee) during their meetings
held on February 4, 2009, and pursuant to Sections 8.1 and 8.6 of the Ingersoll-Rand Company Elected Officer Supplemental Program II (Plan), the Board and the Compensation Committee hereby amend the Plan with respect to your
benefits thereunder to provide that, notwithstanding any other provision of the Plan, the interest rate that shall be used for purposes of determining the Actuarial Equivalent lump sum amount of your benefit under Section 3.1(a) of
the Plan shall be the interest rate specified in Section 1.1 of the Plan that would have been used if you had retired in February 2009. The effect of this amendment is to assure that your benefit under the Plan will not be increased or
decreased by reason of interest rate changes between now and the actual date of your retirement.

All benefits payable under the Plan,
including any additional benefit payable to you as a result of this amendment to the Plan, will be subject to the requirements of Section 409A of the Internal Revenue Code of 1986, as amended. This amendment will not affect the amount of the
benefit payable to you under the Ingersoll-Rand Company Elected Officer Program (EOSP I), which is not subject to Section 409A. The frozen EOSP I benefit will offset the benefit payable to you under the Plan.



|                                         
|-----------------------------------------
|Very truly yours,                        
|                                         
|/s/ Patricia Nachtigal                   
|Patricia Nachtigal                       
|Senior Vice President and General Counsel



|    |  |              
|--- |  | -------------
|cc: |  | Marcia Avedon
|    |  | Jeff Blair   



|                   |  |  |  |         
|------------------ |  |  |  | --------
|Accepted:          |  |  |  |         
|                   |  | 
|/s/ Herbert Henkel |  |  |  | 02/19/09
|Herbert Henkel     |  |  |  | Date
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 this quarterly report of Transax International Limited (the "Company") on Form 10-Q for the period ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Adam Wasserman, chief financial officer and principal financial and accounting officer 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, to the best of my knowledge and belief:  (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/ Adam Wasserman Adam Wasserman Chief Financial Officer and Principal Financial and Accounting Officer May 23, 2011
### SAT Report PMN Number: P-14-0042 SAT Date: 12/20/2013

Related cases : Health related cases: Ecotox related cases :
Concern levels : Type of Concern: Health Eco Comments Level of Concern: 1 1

Persistence Bioaccum Toxicity Comments 3 1 1 PMN 3 3 Deg. Pdt.

Routes of exposure : Health: Ecotox: Fate: Keywords : Keywords: Summary of Assessment : Fate : Fate Summary: P-14-0042 FATE: MW = S = Disp. VP < 1.0E-6 torr at 25 C (E) BP > 400 C (E) H < 1.00E-8 (E) POTW removal (%) = 90 via sorption Time for complete ultimate aerobic biodeg > mo Sorption to soils/sediments = PMN v.strong; Deg Pdt lowPBT Potential: PMN P3B1; Deg Pdt P3B3 *CEB FATE: Migration to ground water = PMN negl; Deg Pdt rapid
Health : Health Summary: Absorption is nil all routes ( p che m ). N o significant health concerns. Ecotox : Test Organism Test Type Test End Point Predicted Measured Comments
fish 96-h LC50 >100 daphnid 48-h LC50 >100 green algal 96-h EC50 >100 fish

_ chronic value >10 daphnid

_ chronic value >10 algal

_ chronic value >10 Sewage Sludge 3-h EC50 Sewage Sludge

_ Chronic Value _
Ecotox Values Comments: Predictions are based on SARs for nonionic surfactant; SAR chemical class = surfactant - nonionic; MW S = dispersible at 20 C (P); p H7; effective concentrations based on 100% active ingredients and mean measured concentrations; hardness <150.0 mg/L as CaCO3; and TOC <2.0 mg/L; Factors Values Comments Assessment Factor 10 Concentration of Concern ( p pb) 1000
SARs SAR Class N onionic Surfactant Ecotox Category N onionic Surfactants Ecotox Factors Comments: SAT Chair: Kendra Moran, 564-4322
I 

114TH CONGRESS 

2D SESSION H. R. 5294 

To invalidate the reinterpretation of title IX through guidance issued by 

the Department of Education and the Department of Justice on May 

13, 2016. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2016 

Mr. BABIN (for himself and Mr. GOSAR) introduced the following bill; which 

was referred to the Committee on Education and the Workforce 

A BILL 

To invalidate the reinterpretation of title IX through guidance issued by the Department of Education and the 

Department of Justice on May 13, 2016. 

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 ‘‘Student Privacy Pro5 tection and Safety Act of 2016’’. 

6 SEC. 2. THE PRESERVATION OF STATE AND LOCAL AU7 THORITY OF STUDENT PRIVACY POLICIES. 

8 Notwithstanding any other provision of law, regula9 tion, or guidance regarding the application or implementaVerDate Sep 11 2014 23:46 May 23, 2016 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5294.IH H5294

emcdonald on DSK9F6TC42PROD with BILLS
2 

•HR 5294 IH

1 tion of title IX of the Education Amendments of 1972 (20 

2 U.S.C. 1681 et seq.), the letter entitled ‘‘Dear Colleague 

3 Letter on Transgender Students,’’ dated May 13, 2016, 

4 issued jointly by the Department of Justice and the De5 partment of Education shall have no effect on any entity 

6 to which such title applies and shall have no effect on legal 

7 proceedings. 

8 SEC. 3. APPLICATION OF ACT. 

9 This Act shall apply until superseded by an Act of 

10 Congress that directs Federal departments to issue guid11 ance on the matter of transgender issues. 

Æ 


emcdonald on DSK9F6TC42PROD with BILLS
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-90,751-01

EX PARTE PATRICK LEONARD MARTINEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 20130D04142-171-1 IN THE 171ST DISTRICT COURT

FROM EL PASO COUNTY

Per curiam.

O R D E R

Applicant was convicted of continuous sexual abuse of a child under 14 and sentenced to

fifty-two years’ imprisonment. The Eighth Court of Appeals affirmed his conviction. Martinez v.

State, No. 08-14-00242-CR (Tex. App. — El Paso, May 23, 2018). Applicant filed this application

for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this

Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that trial counsel was ineffective because counsel 1) improperly

turned down a plea offer without the Applicant’s express permission to do so and for reasons not

articulated by Applicant, 2) failed to know the applicable law to the charged offense, and 3)

improperly gave the jury a definition of reasonable doubt, admitted that he thinks his client is

guilty, and made incoherent and rambling nonsensical arguments to the jury. Applicant also
2

claims his appellate counsel failed to properly argue her motion for new trial. Applicant has

alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668

(1984). Accordingly, the record should be developed. The trial court is the appropriate forum

for findings of fact. TEX. CODE CRIM. PROC. art. 11.07, § 3(d). The trial court shall order both

trial and appellate counsel to respond to Applicant’s claims. In developing the record, the trial

court may use any means set out in Article 11.07, § 3(d). If the trial court elects to hold a

hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wants to

be represented by counsel, the trial court shall appoint counsel to represent him at the hearing. 

See TEX. CODE CRIM. PROC. art. 26.04. If counsel is appointed or retained, the trial court shall

immediately notify this Court of counsel’s name.

The trial court shall make findings of fact and conclusions of law as to whether trial

counsel’s performance was deficient and Applicant was prejudiced. The trial court shall also

make findings of fact and conclusions of law as to whether appellate counsel’s performance was

deficient and Applicant was prejudiced. The trial court may make any other findings and

conclusions that it deems appropriate in response to Applicant’s claims.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial

court’s findings and conclusions and the record developed on remand, including, among other

things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts

from hearings and depositions. See TEX. R. APP. P. 73.4(b)(4). Any extensions of time must be

requested by the trial court and obtained from this Court.

Filed: February 26, 2020

Do not publish