alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of Louisiana v. Kenneth Ray JOHNSON, Jr.

No. 2018-KK-1661

Supreme Court of Louisiana.

November 5, 2018

**ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF IBERVILLE**

Writ denied.

WEIMER, J., would grant and docket.

CRICHTON, J., would grant and docket and assigns reasons.

Although I agree with the result reached by the court of appeal, I write separately to note that, in my view, this paramount issue warrants this Court's full attention. Specifically, under *Boykin v. Alabama* , 395 U.S. 238, 243, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), the record in a guilty plea must reflect that the defendant fully understands the nature of the charge(s), the allegations levied against him, the right to counsel, the right to a trial by jury or by the court, and the right to confront and cross-examine witnesses at trial. Moreover, La. C.Cr.Pr. art. 556.1 specifies the mandatory duty of the trial court in accepting guilty pleas, ensuring that defendant understands all of the following, as previously set forth in *Boykin* :

> (1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law.

> (2) If the defendant is not represented by an attorney, that he has the right to be represented by an attorney at every stage of the proceeding against him and, if financially unable to employ counsel, one will be appointed to represent him.

> (3) That he has the right to plead not guilty or to persist in that plea if it has already been made, and that he has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to confront and cross-examine witnesses against him, and the right not to be compelled to incriminate himself.

> (4) That if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a trial.

As La. C.Cr.Pr. art. 556.1 notes the court "shall" perform the above colloquy with defendant, I do not find the article allows for any discretion on the part of the trial court in these instances. As I have stated before, "scrupulously adhering to these procedures in the district courts prevents the extensive expenditure of appellate resources later...." *State ex. Rel. Calvin Hayes v. State* , 15-KH-1789 (La. 9/23/16), 200 So.3d 364 (*writ denied* ) (Crichton, J., additionally concurring). *See also**State v. Trahan,* 16-2083 (La. 4/16/18), 241 So.3d 286 (*writ denied* ) (Crichton, J., additionally concurring); and *State v. Peters* , 18-KK-1417 (La. 9/28/18), 253 So. 3d 785, 2018 WL 4701717 (*writ denied* ) (Crichton, J., would grant and assigning reasons). The trial court's failure to comply with the *1007requirements of *Boykin* and La. C.Cr.Pr. art. 556.1 in this case merits the conviction being vacated and the case remanded, but it also highlights the continuing pressing need for this Court's guidance in this regard.
Exhibit 99.1

CERTIFICATION



The undersigned, being an officer of U.S. Bank Trust National Association, as trustee (the Trustee) of the Select Notes Trust LT 2003-1 (the Trust) hereby makes the following certifications for inclusion as an exhibit to the Trusts annual report on Form 10-K for the fiscal year ended December 31, 2010 (the Annual Report):



1.         The Trustee is the trustee under the Trusts trust agreement.



2.         Based on my knowledge, for the period covered by the Annual Report, the Trustee has fulfilled its obligations under the Trusts trust agreement.







/s/ Jon C. Warn

Name:   Jon C. Warn

Title:     Vice President

Date:     March 9, 2011






---
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Mindspeed Technologies, Inc. (the "Company") on Form 10-K for the year ended
September 30, 2007, as filed with the Securities and Exchange Commission (the "Report"), I, Simon Biddiscombe, Senior Vice President, Chief Financial Officer, Secretary and Treasurer of the
Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



This
Certification has not been, and shall not be deemed, "filed" with the Securities and Exchange Commission.

| |  |  | /s/SIMON BIDDISCOMBESimon Biddiscombe Senior Vice President, Chief Financial Officer, Secretary and Treasurer
| |  |  | -------------------------------------------------------------------------------------------------------------

Dated:
November 30, 2007

---



QuickLinks
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 02-4266

BERKLEY OLIVER WOMACK,

Defendant-Appellant. 

Appeal from the United States District Court

for the Western District of North Carolina, at Asheville.

Lacy H. Thornburg, District Judge.

(CR-01-28)

Submitted: July 17, 2002

Decided: July 30, 2002

Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Randolph Marshall Lee, Charlotte, North Carolina, for Appellant.

Robert J. Conrad, Jr., United States Attorney, Thomas R. Ascik,

Assistant United States Attorney, Asheville, North Carolina, for

Appellee. 

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Berkley Oliver Womack pled guilty to one count of conspiracy to

possess with intent to distribute LSD in violation of 21 U.S.C.A.

§§ 841(a)(1), 846 (West 1999 & Supp. 2002). On appeal, Womack

contends the district court abused its discretion by increasing by four

levels his offense level for being a manager or organizer in the conspiracy. See U.S. Sentencing Guidelines Manual § 3B1.1(a) (2000).

Finding no reversible error, we affirm. 

The district court’s finding that Womack acted as an organizer or

manager is reviewed for clear error. United States v. Daughtrey, 874

F.2d 213, 217 (4th Cir. 1989). Due deference is given to the court’s

assessment of the witnesses’ credibility. United States v. Williams,

977 F.2d 866, 870 (4th Cir. 1992). In addition, the court is free to

adopt the factual findings contained in the PSR without more explanation. United States v. Terry, 916 F.2d 157, 162 (4th Cir. 1990). At

sentencing, the court is permitted to consider hearsay testimony and

other evidence that has a sufficient indicia of reliability. United States

v. Uwaeme, 975 F.2d 1016, 1021 (4th Cir. 1992). 

We reject Womack’s argument that the district court abused its discretion by not crediting his testimony and being more receptive to

information provided by a coconspirator. We find the court’s findings

were not clearly erroneous. There was sufficient evidence showing

that Womack was more than merely a buyer and seller of LSD. See

United States v. Sayles, __ F.3d __, 2002 WL 1473216, *5 (4th Cir.

July 10, 2002). 

Accordingly, we affirm the conviction and sentence. We dispense

with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument

would not aid the decisional process. 

AFFIRMED

2 UNITED STATES v. WOMACK
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summaryofunwrittencomp.htm


     

                                                                                                                                                                                                                                                                                                                                             
Exhibit 10.17

     

    
 

    Compensation
Arrangement for Michael Bozora and Timothy Redpath

    


    Michael
Bozora and Timothy Redpath, are President and CEO, respectively of
Company.  They receive each $20,833.33 per month as compensation for
their executive functions.  They are also reimbursed for their
expenses associated with their activities as officers and executives of
Company.   Messrs. Bozora and Redpath also each have 6 stock
options as Directors and 24 stock options as officers -- see “Equity
Compensation Plan Information” in the Prospectus.
Nathaniel Raheem CHAPMAN, Appellant, v. STATE of Florida, Appellee.

No. 1D17-3592

District Court of Appeal of Florida, First District.

October 23, 2018

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Roberts, Makar, and Bilbrey, JJ., concur.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-41246 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus TITO OVIDIO QUIJADO-ANAYA, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:97-CR-36-ALL

- - - - - - - - - - July 16, 1998 Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.
PER CURIAM: * Court-appointed counsel for Tito Ovidio Quijado-Anaya has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Our independent review of the brief, Quijado’s responses, and the record discloses no nonfrivolous issue. Accordingly, counsel is excused from further responsibilities herein and the APPEAL IS DISMISSED.
IN THE

TENTH COURT OF APPEALS

No. 10-08-00353-CV

MCI SALES AND SERVICE, INC., 

Appellant

v.

JAMES HINTON, INDIVIDUALLY AND AS

REPRESENTATIVE OF THE ESTATE 

OF DOLORES HINTON, DECEASED, ET AL.,

Appellees

From the 170th District Court

McLennan County, Texas

Trial Court No. 2003-2308-4

MEMORANDUM OPINION

Appellant MCI Sales and Service, Inc. has filed a bankruptcy proceeding. TEX. R.

APP. P. 8.1. Further action in this appeal is automatically stayed. See 11 U.S.C. § 362.

For administrative purposes, this appeal is suspended and will be treated as 

closed unless reinstated on a proper motion. TEX. R. APP. P. 8.2. It may be reinstated on 

motion of any party showing that the stay has been lifted or modified and specifying 
MCI v. Hinton Page 2

what action, if any, is required from this Court upon reinstatement of the appeal. TEX.

R. APP. P. 8.3.

The reporting requirement of Local Rule 17 is suspended. 10TH TEX. APP. (WACO)

LOC. R. 17.

The Clerk of this Court is directed to transmit a copy of this opinion to the 

attorneys of record, the trial court judge, and the trial court clerk.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissents with a note)*

Appeal suspended; appeal administratively closed

Opinion delivered and filed October 29, 2008

[CVPM]

*(In the past we have given the parties some substantial amount of time before we act 

on our own to administratively close or suspend a proceeding due to bankruptcy. For 

consistency, and the practical aspect of giving the parties time to evaluate what to do in 

response to the bankruptcy, I would adhere to our former procedure. Thus I do not join 

this opinion at this time.)
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# 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:*                         December 12, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 29, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 827 to Competitive Product List*. Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-535, K2025-533.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-29205 Filed 12-11-24; 8:45 am]

BILLING CODE 7710-12-P
Gary Judson CODDINGTON, Appellant, v. Janis Ann CODDINGTON, Appellee.

Case No. 2D17-4929

District Court of Appeal of Florida, Second District.

Opinion filed September 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Julius Tawun SLEDGE, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2313

District Court of Appeal of Florida, First District.

October 16, 2018

Julius Tawun Sledge, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED.

Rowe, Osterhaus, and Kelsey, JJ., concur.
United States Court of Appeals

For the First Circuit

No. 01-1741

RICARDO F. VELÁSQUEZ,

SUSANA D. GRANADOS-URIZAR,

ELUVIA R. GRANADOS-URIZAR,

Petitioners,

v.

JOHN ASHCROFT, ATTORNEY GENERAL OF

THE UNITED STATES,

Respondent.

ERRATA SHEET

The opinion of this Court issued on August 29, 2003 is

amended as follows:

At page 7, line 5, delete "by direct evidence".

At page 7, line 8, delete "id.".

At page 7, line 9, replace "'credible, direct and specific

evidence'" with "specific evidence".

At page 7, lines 10-11, replace "Ravindran v. INS, 976 F.2d

754, 758 (1st Cir. 1992)(internal quotations and citations

omitted)." with "Id.".

At page 8, line 4, replace "'credible, direct and specific

evidence'" with "specific evidence".
```

[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Page 100560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29208]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal ServiceTM.

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: December 12, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
November 29, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 830 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-538, K2025-536.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-29208 Filed 12-11-24; 8:45 am]
BILLING CODE 7710-12-P
```
Exhibit 10.31
  Mindspeed
    Technologies, Inc.
    Directors Stock Plan
    as amended and restated
    As of August 18, 2010
  1.
    PURPOSE
    OF THE PLAN.    2.
    PARTICIPANTS.    3.
    SHARES RESERVED
    UNDER THE PLAN.    4.
    ADMINISTRATION
    OF THE PLAN.  Rule 16b-3
  5.
    EFFECTIVE
    DATE OF THE PLAN.    6.
    STOCK
    OPTIONS.




---



##### 



7.
    RESTRICTED
    STOCK UNITS.       2




---



##### 



8.
    SHARES OR
    RESTRICTED STOCK UNITS IN LIEU OF CASH COMPENSATION.        9.
    RESTRICTED
    STOCK.     3




---



##### 



10.
    ADDITIONAL
    COMPENSATION.    11.
    ADJUSTMENTS
    UPON CHANGES IN CAPITALIZATION.    12.
    GOVERNMENT
    AND OTHER REGULATIONS.    13.
    AMENDMENT
    AND TERMINATION OF THE PLAN.    1-for-5
  14.
    REPRICINGS.  split-up,
  15.
    MISCELLANEOUS.    Rule 13d-3
 4




---



##### 



5