alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE EX REL. Christephan M. WESLEY aka Christopher M. Wesley v. STATE of Louisiana

No. 2017-KH-1002

Supreme Court of Louisiana.

October 8, 2018

**ON SUPERVISORY WRITS TO THE FOURTH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA**

PER CURIAM:

Denied. Relator fails to show that he received ineffective assistance of counsel under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). He also fails to show entitlement to DNA testing. La.C.Cr.P. art. 926.1.

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.

HUGHES, J., would grant in part and assigns reasons.

**Hughes, J., would grant in part as to hearsay evidence.**
I 

113TH CONGRESS 

2D SESSION H. R. 5797 

To make a supplemental appropriation for the Public Health Emergency 

Fund, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 4, 2014 

Ms. DELAURO introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, 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 make a supplemental appropriation for the Public Health 

Emergency Fund, 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 ‘‘Public Health Emer5 gency Preparedness Act’’. 

6 SEC. 2. SUPPLEMENTAL APPROPRIATION FOR THE PUBLIC 

7 HEALTH EMERGENCY FUND. 

8 (a) APPROPRIATION.—There is appropriated, out of 

9 any money in the Treasury not otherwise appropriated, 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 5797 IH

1 for an additional amount for carrying out section 319(a) 

2 of the Public Health Service Act, $5,000,000,000, to be 

3 available until expended. Such amount shall be deposited 

4 into the Fund established under section 319(b) of such 

5 Act. 

6 (b) EMERGENCY DESIGNATION.—The amount made 

7 available by subsection (a)— 

8 (1) is designated by Congress as an emergency 

9 requirement pursuant to section 251(b)(2)(A) of the 

10 Balanced Budget and Emergency Deficit Control 

11 Act of 1985; and 

12 (2) shall be available only if the President sub13 sequently so designates such amount. 

14 (c) DEPOSIT IN STRATEGIC NATIONAL STOCKPILE.— 

15 The activities under section 319(a) of the Public Health 

16 Service Act that are funded under this section may include 

17 the acquisition of products for deposit into the strategic 

18 national stockpile maintained under section 319F–2 of 

19 such Act. 

20 SEC. 3. EXEMPTION OF THE PUBLIC HEALTH EMERGENCY 

21 FUND FROM SEQUESTRATION. 

22 (a) IN GENERAL.—Section 255(g)(1)(A) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985 

24 is amended by inserting ‘‘Public Health Emergency Fund 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 5797 IH

1 (009–91–9913).’’ after the item relating to ‘‘Postal Serv2 ice Fund (18–4020–0–3–372).’’. 

3 (b) APPLICATION.—The amendment made by sub4 section (a) shall apply to any sequestration order issued 

5 under such Act on or after the date of enactment of this 

6 section. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
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Kareem Abdul JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1488

District Court of Appeal of Florida, First District.

September 20, 2018

Kareem Abdul Johnson, pro se, Appellant.

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

Per Curiam.

The Appellant, Kareem Abdul Johnson, appeals from an order dismissing his Motion for Correction of Jail Credit and/or Prison Time Credit. The trial court dismissed the motion with prejudice, deeming it untimely pursuant to Florida Rule of Criminal Procedure 3.801. However, although the Appellant's motion cited to rule 3.801, which governs claims for additional jail credit, it requested prison credit for the time served from the date of his sentencing hearing until his resentencing hearing following the reversal of his original sentences on direct appeal. Thus, Appellant's motion should have been construed pursuant to Florida Rule of Criminal Procedure 3.800(a). *See**Calderon v. State* , 138 So.3d 589, 589 (Fla. 2d DCA 2014). In response to this Court's *Toler** order, the state concedes that remand is required to permit the trial court to consider the motion pursuant to rule 3.800(a). Under these circumstances, we reverse and remand for further proceedings.

REVERSED and REMANDED.

Makar, Osterhaus, and Jay, JJ., concur.

*

*Toler v. State* , 493 So.2d 489 (Fla. 1st DCA 1986).
Kenard SINGH, Petitioner, v. STATE of Florida, Respondent.

Case No. 5D18-3003

District Court of Appeal of Florida, Fifth District.

Opinion filed October 12, 2018

Rachel E. Reese, O'Brien Hatfield, P.A., Tampa, for Petitioner.

No appearance for Respondent.

PER CURIAM.

The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the August 13, 2018 order denying motion for postconviction relief rendered in Case No. 2012-CF-0886, in the Circuit Court in and for Marion County, Florida. *See* Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

EVANDER, BERGER and WALLIS, JJ., concur.
The NIELSEN COMPANY (US), LLC, et al., Appellant/Petitioner(s), v. Charles W. THOMAS, Tax Collector, et al., Appellee/Respondent(s).

CASE NO.: 2D18-1701

District Court of Appeal of Florida, Second District.

October 26, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Appeal is dismissed.
STATE of Louisiana v. Virgil SMITH

NO. 2018-KH-0524

Supreme Court of Louisiana.

October 15, 2018

Reconsideration denied.
EXHIBIT
      31.1





SECTION
      302


CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER








I,
      Arthur Griffiths, certify that:





1.  I
      have reviewed this annual report on Form 10-KSB of Infotec Business Sys-tems,
      Inc. ("Infotec");





2.  Based
      on my knowledge, this annual report does not contain any untrue state-ment
      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 annual
      report;





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





4.  Infotec’s
      other certifying officer and I are responsible for establishing and maintaining
      disclosure controls and procedures (as defined in Exchange Act Rules 13a-14
      and
      15d-14) for Infotec 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 Infotec, including its consolidated subsidiaries, is
      made known to us by others within those entities, particularly during the period
      in which this annual report is being prepared;





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





c)
      disclose
      in this annual report any changes in Infotec’s internal control over financial
      reporting that occurred during the period covered by this annual report that
      has
      materially affected, or is reasonably likely to materially affect, Infotec’s
      internal control over financial reporting; and





5.  Infotec’s
      other certifying officer and I have disclosed, based on our most recent
      evaluation of internal control over financial reporting, to Infotec’s auditors
      and the audit committee of Infotec’s board of directors (or persons fulfilling
      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 Infotec’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 Infotec’s internal controls over finan-cial
      reporting.





/s/
      Arthur Griffiths


Arthur
      Griffiths, Chief Executive Officer





Date:
        November 30, 2006
Exhibit 99.4

                            CERTIFICATION PURSUANT TO
                              18 USC, SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In  connection  with the quarterly  report of Pacific Fuel Cell Corp.  (the
"Company") on Form 10-QSB for the quarter ended June 30, 2003, as filed with the
Securities and Exchange  Commission (the "Report"),  we George Suzuki, the Chief
Executive  Officer,  and Ken Inouye, the Chief Financial Officer of the Company,
certify,  pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002 (18 U.S.C.
Section 1350), that to the best of our 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:  August 7, 2003                  s/George Suzuki
                                        ----------------------------------------
                                        George Suzuki, Chief Executive Officer


Dated:  August 7, 2003                  s/Ken Inouye
                                        ----------------------------------------
                                        Ken Inouye, Chief Financial Officer
Theotis CAMPBELL, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-46

District Court of Appeal of Florida, Fifth District.

Decision filed June 5, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
### EO12866/13563 Interagency Review. Subject to Furth er Policy Review.

1 Environmental Protection Agency (EPA): Proposed Rul e Protection of Visibility: Amendments to Requirement s for State Plans

RIN 2060-AS55 March 11, 2016
EPA Proposals

I. Issue: Recommendation on SMPs

Page 68 New Specific Comment: If a state determines that compliance with a smoke management program of a particular design is requir ed for reasonable progress, then the state should include the smoke management program in the SIP as part of the long-term strategy. We believe that states can include sufficiently detail ed, enforceable language in their smoke management programs to make them practicably enforc eable for SIP purposes (as may not be the case for all basic smoke management practices). Su ch a program should not impose unnecessary barriers to prescribed fire use and should include a plan for periodic assessment by the responsible authorities with input from land manage rs, affected communities and stakeholders. We recommend that a smoke management program that i s made part of the long-term strategy not impose unnecessary barriers to prescribed fire use on wildland for ecosystem health and safety purposes, and that it include a plan for per iodic assessment by the responsible authorities with input from land managers, affected communities and stakeholders. We are proposing to add to §51.308(g) a requirement for the periodic progre ss report on a state’s regional haze program to include a summary of the most recent periodic asses sment of the smoke management program.

II. Smoke management programs and the periodic progress report

• Renumber 51.308(g)(6) to be (g)(7), with no edit.

• Insert a new (g)(6) to read as follows:

(6) For a state with a long-term strategy that incl udes a smoke management program for prescribed fires on wildland, a summary of the most recent periodic assessment of the smoke management program.
STATE of Louisiana v. Cory Reginald SHEPHERD

No. 2018-KH-0652

Supreme Court of Louisiana.

October 15, 2018

**ON SUPERVISORY WRITS TO THE FOURTEENTH JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU**

PER CURIAM:

Denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8 ; *State ex rel. Glover v. State* , 93-2330 (La. 9/5/95), 660 So.2d 1189. In addition, relator's sentencing claim is not cognizable on collateral review. La.C.Cr.P. art. 930.3 ; *State ex rel. Melinie v. State* , 93-1380 (La. 1/12/96), 665 So.2d 1172. The application is also repetitive. La.C.Cr.P. art. 930.4.

Relator has now fully litigated his second application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.

Genovese, J., recused.
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 Report
of DynaResource, Inc. on Form 10-Q for the period ended June 30, 2011 as filed with the Securities and Exchange Commission on the
date hereof (the "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 the best of 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 operation of the Company.





|/s/ K.W.(“K.D.”) DIEPHOLZ
        K.W. (“K.D.”) Diepholz
        Chairman of the Board of Directors
        Dated: August 19, 2011
        
        
        /s/ K.W. (“K.D.”) DIEPHOLZ
        K.W. (“K.D.”) Diepholz
        Chief Executive Officer
        Dated: August 19, 2011
        
        
        /s/ Charles Smith
        Charles Smith
        Chief Financial Officer
        Dated: August 19, 2011
        
        
        /s/ Charles Smith
        Charles Smith
        Principal Accounting Officer
        Dated: August 19, 2011
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This certification accompanies
the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
Exhibit32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEYACT OF 2002

In connection with the Annual Report ofstreetTRACKS® Gold Trust (the‘‘Trust’’) on Form 10-K for the period endingSeptember 30, 2006 as filed with the Securities and Exchange Commissionon the date hereof (the ‘‘Report’’), I, JamesLowe, principal financial officer of World Gold Trust Services, LLC,the sponsor of the Trust, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

(1) The Report fully complies with the requirementsof 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 ofoperations of the Trust.

/s/ JamesLowe*                    

JamesLowe** Chief Financial Officer (principal financialofficer)November 29, 2006

|         |                                                                                                                                                     |
|---------|-----------------------------------------------------------------------------------------------------------------------------------------------------|
| *  | Theoriginally executed copy of this Certification will be maintained atthe Sponsor's offices and will be made available for inspectionupon request. |

|          |                                                                                                                                           |
|----------|-------------------------------------------------------------------------------------------------------------------------------------------|
| **  | The Registrant is a trust and Mr.Lowe is signing in his capacity as an officer of World Gold TrustServices, LLC, the sponsor of theTrust. |

----
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE:

DESIGNATION OF VICE-CHAIR OF THE 

PENNSYLVANIA LAWYERS FUND FOR 

CLIENT SECURITY BOARD OF 

TRUSTEES

:

:

:

:

:

:

NO. 88

CLIENT SECURITY APPOINTMENT 

DOCKET

ORDER

PER CURIAM

AND NOW, this 23rd day of May, 2024, Arthur H. Stroyd, Jr., Esquire, is hereby 

designated as Vice-Chair of the Pennsylvania Lawyers Fund for Client Security Board of 

Trustees, effective immediately.
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