alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Kyle Ray HIMES, Appellant, v. STATE of Florida, Appellee.

No. 1D17-3147

District Court of Appeal of Florida, First District.

October 15, 2018

Andy Thomas, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Bryan Jordan, Senior Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

*662Appellant, Kyle Ray Himes, appeals from an order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Appellant asserted several grounds for relief based on newly discovered evidence. The lower court denied all such claims as successive in its order rendered on July 17, 2017. However, because the lower court did not include attachments of record evidence which conclusively refuted Appellant's claims, we reverse.

"To uphold the trial court's summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record." *Peede v. State* , 748 So.2d 253, 257 (Fla. 1999). "On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief." Fla. R. App. P. 9.141(b)(2)(D).

Here, Appellant's claims appear to be facially valid, and they are not conclusively refuted by the record. In fact, the State concedes error. We therefore reverse the lower court's summary denial of Appellant's claims of newly discovered evidence and remand for further proceedings.

REVERSED and REMANDED .

Makar, Osterhaus, and Jay, JJ., concur.
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-2515

___________

Kenneth Ray Benton Pitts, *

 *

Appellant, *

 *

v. *

 *

T. Johnson, Ms., CO-1 Female Security * Appeal from the United States

Guard, Varner Unit, ADC; D. Miller, * District Court for the

Mr., Sgt. Male Security Guard, Varner * Eastern District of Arkansas. 

Unit, ADC; Rick Toney, Warden, *

Verner Unit, ADC; T. MS., ARO- * [UNPUBLISHED]

Grievance Officer, Varner Unit, ADC; *

Larry B. Norris, Director, Arkansas *

Department of Correction, *

 *

Appellees. *

___________

 Submitted: September 23, 1999

 Filed: October 4, 1999

___________

Before BOWMAN, FAGG, and MURPHY, Circuit Judges. 

___________

PER CURIAM.
1The Honorable James Maxwell Moody, United States District Judge for the

Eastern District of Arkansas, adopting the report and recommendations of the

Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District

of Arkansas. 

-2-

Arkansas inmate Kenneth Ray Benton Pitts appeals from the district court’s1

order dismissing with prejudice his 42 U.S.C. § 1983 action. After careful review of

the record, we conclude that briefing would serve no useful purpose and that the court

properly dismissed the complaint under 28 U.S.C. § 1915A(b). We affirm for the

reasons stated by the district court, but we modify the dismissal to be without

prejudice. See 8th Cir. R. 47A(a).

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
```

[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Page 100555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29196]

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

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 27, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 818 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-526, K2025-524.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-29196 Filed 12-11-24; 8:45 am]
BILLING CODE 7710-12-P
```
Exhibit 31.1
 CERTIFICATION BY CHIEF EXECUTIVE OFFICER
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      (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 report is
being prepared;(b)
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;(c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation; and(d)
    
    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 (the
registrants fourth fiscal quarter in the case of an Annual Report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
  (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 11, 2010
    By:
    /s/ Anthony P. Bihl, IIIAnthony P. Bihl, IIITitle:
    President and Chief Executive Officer
Alberto Francisco DIAZ, Appellant, v. STATE of Florida, Appellee.

No. 4D18-2394

District Court of Appeal of Florida, Fourth District.

[November 1, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
IN RE: Appeal of the DECISION OF the DISCIPLINARY BOARD NO. 18-PDB-039

NO. 2018-OB-1438

Supreme Court of Louisiana.

November 20, 2018

Leave to appeal denied.
##### 



Exhibit 5.01
 [Letterhead of Dornbush Schaeffer Strongin & Weinstein, LLP]
  
 Re:
    
    Advanced Photonix, Inc.; Registration Statement on Form S-3
  @
     Very truly yours,DORNBUSH SCHAEFFER STRONGIN & WEINSTEIN, LLPBy:
    /s/   Landey StronginLandey Strongin, Partner
# United States Court of Appeals **for the Fifth Circuit**

No. 21-40492 Summary Calendar

United States of America,

Plaintiff—Appellee ,

versus
Ernesto Palacios-Martinez,

Defendant—Appellant

.

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:20-CR-112-1

Before Wiener , Dennis , and Haynes , Circuit Judges

. Per Curiam: * Defendant-Appellant Ernesto Pala cios-Martinez pleaded guilty to illegal reentry after deportation in viol ation of 8 U.S.C. § 1326(a) and (b)(1). 1

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

1 Palacios-Martinez pleaded guilty pursuant to a plea agreement containing a waiver of appellate rights. Because the only claim Palacios-Martinez presents on appeal is foreclosed by binding precedent, we do no t reach the enforceability of the waiver. United States Court of Appeals Fifth Circuit 

### FILED December 30, 2021 Lyle W. Cayce Clerk Case: 21-40492 Document: 00516149271 Page: 1 Date Filed: 12/30/2021No. 21-40492

2 The district court sentenced Palacios-Martinez to 63 months imprisonment and two years supervised release—a wi thin-guidelines sentence. PalaciosMartinez appeals, challenging the constitutionality of the sentence enhancement provisions of § 1326(b)(1) and (b)(2), on their face and as applied to him, based on Apprendi v. New Jersey , 530 U.S. 466 (2000). His primary contention is that the required elements of the increased statutory maximum sentence afforded by (b)(2) were not charged in the indictment or proven to a jury beyond a reasonable doubt. He acknowledges, however, that his claim is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998). See, e.g. , United States v. Murillo-Portales , 857 F. App’x 827, 828 (5th Cir. 2021) (unpublished).

Palacios-Martinez’s sole claim on appeal is foreclosed by AlmendarezTorres , so the judgment of the district court is AFFIRMED

. Case: 21-40492 Document: 00516149271 Page: 2 Date Filed: 12/30/2021
##### 



Exhibit 31.1 CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Richard l. Howell, President and Chief Executive Officer, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-QSB being filed for
Metaline Contact Mines (the Registrant);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
quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in the 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;4.
    
    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:  (a)
    
    designed such disclosure controls and procedures to ensure
that material information relating to the Registrant, including its
consolidated subsidiaries, is made 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 as of a date within 90 days prior to the
filing date of this quarterly report (the Evaluation Date); and(c)
    
    presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures on our
evaluation as of the Evaluation Date;  5.
    
    The Registrants other certifying officer and I have disclosed, based on
our most recent evaluation, to the Registrants auditors and the audit
committee of the Registrants Board of Directors (or persons performing
the equivalent functions):  (a)
    
    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 weakness
in internal controls; and(b)
    
    any fraud, whether or not material, that involves management
or other employees who have a significant role in the Registrants
controls.   Exhibit 31.1 - Page 1




---



##### 



6.
    
    The Registrants other certifying officer 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
controls subsequent to the date of our most recent evaluation, including
any corrective actions with regard to significant deficiencies and
material weaknesses. Date: November 15, 2004 /s/ Richard L. HowellRichard L. HowellPresident and Chief Executive Officer
 Exhibit 31.1 - Page 2
Exhibit 32.1

Certification of the Chief Executive Officer

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 Annual Report of Inergy Holdings, L.P. (the Company) on Form 10-K for the period ended September 30, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, John J. Sherman, Chief Executive Officer of Inergy Holdings, L.P., 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.



|                        |  |                                        
|----------------------- |  | ---------------------------------------
|                        |  | /s/    JOHN J.
SHERMAN                 
|Date: November 28, 2007 |  | John J. Sherman Chief Executive Officer

A signed original of this written statement required by Section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.
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Featured Films and Shorts        August 7, 2016        GeoGirls: Five days of discovery at Mount St. Helens

Featured Films and Shorts        November 2, 2018        Image of the Week - Elwha River Dam Removal
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 78 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                 H. R. 78

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 4110 Almeda Road in Houston, Texas, as the ``George Thomas `Mickey' 
                     Leland Post Office Building''.

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

SECTION 1. GEORGE THOMAS ``MICKEY'' LELAND POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 4110 Almeda Road in Houston, Texas, shall be known and 
designated as the ``George Thomas `Mickey' Leland Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``George 
Thomas `Mickey' Leland Post Office Building''.

            Passed the House of Representatives September 8, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                                H. R. 78

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
at 4110 Almeda Road in Houston, Texas, as the ``George Thomas `Mickey' 
                     Leland Post Office Building''.
```
Stephen SIDDONS, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-3175

District Court of Appeal of Florida, First District.

November 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Mary Be th Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

March 31, 2015

p0323 

# Order

Clerk March 31, 2015

149133(18)

PEOPLE OF THE STATE OF MICHI GAN,

Plaintiff

- Appellee,

v SC: 149133

COA: 320031

Oceana CC: 05

- 005169

- FC

LORI ANNE CHRISTMANN,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s October 28,

2014 order is considered, and it is DENIED, because it does not appear that the order was

entered erroneously.
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, DC 20549-1004
 FORM 8-K
 CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
  GENERAL MOTORS CORPORATION
 
  STATE OF DELAWARE
    
    1-143
    
    38-0572515(State or other jurisdiction of
Incorporation or Organization)
    
    (Commission File
Number)
    
    (I.R.S. Employer
Identification No.)300 Renaissance Center, Detroit, Michigan
    
    
    
    48265-3000(Address of Principal Executive Offices)
    
    
    
    (Zip Code)
 (313) 556-5000
 
  o
 o
 o
 o




---



TABLE OF CONTENTS  ITEM 4.02(a)       Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim ReviewSIGNATURES    Table of Contents  
 ITEM 4.02(a)       Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review




---



##### Table of Contents



SIGNATURES
  GENERAL MOTORS CORPORATION
(Registrant)Date: March 28, 2006
    By:
    
    /s/PETER R. BIBLE(Peter R. Bible, Chief Accounting Officer)
<PAGE>

                                                                    EXHIBIT 4.74

SUMMARY OF TERMS IN EXCLUSIVE COOPERATION AGREEMENT ON VALUE-ADDED SERVICES
DATED 8 JANUARY 2007BETWEEN SHANGHAI DONG FANG LONG XIN MEDIA CO., LTD AND
BEIJING OJAVA TECHNOLOGY CO., LTD

Shanghai Dong Fang Long Xin Media Co., Ltd ("Dong Fang") and Beijing OJAVA
Technology Co., Ltd ("OJAVA Technology") agrees to collectively develop and
operate value-added telecommunication business ("VAT Business"), including (1)
wireless value-added services, (2) fixed-line value-added services and (3)
related internet value-added services, such as Short Messaging Service,
Multimedia Messaging Services, Interactive Voice Response, Wireless Application
Protocol, Ring Back Tone, and others.

OJAVA Technology will be an exclusive partner of Dong Fang and Dong Fang will
terminate any existing cooperation projects for VAT Business with other
enterprises or with subsidiaries of Shanghai Media Group ("SMG").

Dong Fang undertakes to provide radio and TV programs and related internet
programs, i.e., news, entertainment, sports, finance, music, etc., produced and
authorized by SMG, while OJAVA Technology undertakes to provide the national
qualifications required for and technology platforms to support the VAT
Business.

With Dong Fang's prior written approval, OJAVA Technology may authorize its
affiliates to assist in performing its obligations under this Agreement. OJAVA
Technology shall be jointly and severally liable for its affiliates' acts.

The targeted revenues arising from cooperation shall amount to RMB126 million
and OJAVA Technology is obliged to pay RMB88 million to Dong Fang before 25
December 2007. If revenues exceed RMB200 million in 2007, Dong Fang will be paid
RMB100 Million. The parties agree to adjust targeted revenues arising from
cooperation by negotiation on the basis of the development of VAT business.

The intellectual property rights relating to works generated from the
cooperation ("Works") will be jointly owned by the parties. Subject to Dong
Fang's prior consent, OJAVA Technology may license the Works to TV stations and
radio stations in China. 40% of the revenues arising from such license shall be
distributed to Dong Fang.

Information relating to the users obtained through the cooperation will belong
to Dong Fang but OJAVA Technology may use such information during the term of
this agreement. Upon the termination of this agreement, OJAVA Technology shall
remove the users' information from its system and return the same to Dong Fang.

This agreement will expire on 31 December 2009 and then be automatically
extended for an additional two years if neither party is in breach as of 31
December 31 2009.

If either party unilaterally terminates this agreement without the approval of
the counterpart, the default party shall pay RMB10 million to the counterpart.
Amadou WANE, Appellant/Petitioner(s), v. GMAC MORTGAGE LLC, Appellee/Respondent(s).

CASE NO.: 2D12-1672

District Court of Appeal of Florida, Second District.

November 16, 2018

BY ORDER OF THE COURT:

Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
QUEEN OF PAWNS & JEWELLERY, INC., d/b/a Queen of Pawns 5, Appellant, v. Edward F. KINNEY, Appellee.

Case No. 5D17-2825

District Court of Appeal of Florida, Fifth District.

Decision filed November 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.