alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of Louisiana v. Dexter ALLEN

No. 2018-KO-1042

Supreme Court of Louisiana.

November 5, 2018

Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. A, No. 15-4483; to the Court of Appeal, Fifth Circuit, No. 17-KA-685;

**ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON**

Writ denied.

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

Having been convicted of second degree murder and 21 counts of simple burglary, this defendant, age seventeen at the time of the offenses, requested public funds to retain experts for a hearing pursuant to *Miller v. Alabama* , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). Without complying with the guidelines set out by *State v. Touchet* , 93-2839 (La. 9/6/94), 642 So.2d 1213, defense counsel specifically requested public funds for the hiring of "a mitigation investigator, a fact investigator, a psychologist, an expert in trauma and a prison adjustment expert," arguing that the rules of capital sentencing should apply in a non-capital sentencing hearing. While I agree with the decisions of the lower courts denying such relief on the showing made, I would grant and docket this case in order for this Court to address the defense's analogy to a capital penalty hearing. Moreover, there is a growing need for this Court to set specific parameters and guidelines concerning the scope of a hearing pursuant to both *Miller, supra* and *Montgomery v. Louisiana* , 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016).

The issue in such cases is ultimately whether or not a defendant, who committed such crimes as a juvenile, is entitled to parole eligibility at a certain point of incarceration. As I have previously written, in making this determination, a court should focus on the facts of the underlying conviction and defendant's criminal history, if any, as well as the defendant's behavior record during confinement.1 Education, family background, and issues of family support would also likely prove helpful in the judge's determination. In this matter, while defense counsel has made no showing whatsoever for the necessity of public money for the five experts, I do believe that the Court has passed on a valuable opportunity to weigh in on the important issues bearing on a *Miller* hearing, and consequently, I would grant and docket the defendant's writ application for the Court to provide much needed guidance in this regard.

1

*See**State of Louisiana v. Montgomery,* 13-KP-1163, 194 So.3d 606 (6/28/16) (Crichton, J., concurring) (.... "parole eligibility may be denied in the rare case of "irreparable corruption or irretrievable depravity"); and *State ex rel. Alden Morgan* , 15-0100 (La. 10/19/16), 217 So.3d 266 (Crichton, J., concurring) (noting the Orleans Parish District Attorney took stunning position that a "defendant does not face the functional equivalent of life imprisonment and that he would have-in the year 2082 and at age 101-a 'meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.' ")
STATE EX REL. Jimmy James MACK v. STATE of Louisiana

No. 2017-KH-1388

Supreme Court of Louisiana.

October 29, 2018

**ON SUPERVISORY WRITS TO THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES**

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.

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 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.
Interagency comments on RIA Executive Summary

12/16/2011 12:22 PM

From: "Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>

To: RobertJ Wayland/RTP/USEPA/US@EPA

Cc: Bill Maxwell/RTP/USEPA/US@EPA

Hi Bob,

Attached are comments on the latest version of the executive summary.

Regards,

Cortney

0_Executive SummaryMATS_1215_Interag encycommentsunderEO13563.doc
|                                     |                                      |                                 |
|------------------------------------------|-------------------------------------------|--------------------------------------|
|                                     | **ETELCHARGE.COM,                  INC.** |
|                                |                                 |                            |
| Date: May                  11, 2006 | By:                             | /s/                  Carl O. Sherman |
|                                     |                                           |
|                                     | Chief                  Executive Officer  |

|                                     |                                                          |                                     |
|------------------------------------------|---------------------------------------------------------------|------------------------------------------|
|                                     | **ETELCHARGE.COM,                  INC.**                     |
|                                |                                                     |                                |
| Date: May                  15, 2006 | By:                                                 | /s/                  Michelle R. Sherman |
|                                     |                                                               |
|                                     | Principal                  Financial                  Officer |
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1378733 DEC
**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 Annual Report of Medical Staffing Network Holdings, Inc.
(the “Company”) on Form 10-K for the fiscal year ended December 26, 2004, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Robert J. Adamson, Chief Executive Officer of the Company, hereby
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/
      Robert J.
      AdamsonRobert
      J. AdamsonChairman
      of the Board and Chief Executive OfficerMarch
      11, 2005
Exhibit 21.1

SUBSIDIARIES OF DTS, INC.  AS OF DECEMBER 31, 2010

JURISDICTION OF
INCORPORATION OR
ORGANIZATIONSUBSIDIARIES OF DTS, INC.:DTS (BVI) Limited

British Virgin IslandsDTS Canada Holdings, Inc

Delawaredts Japan KK

JapanDTS Washington LLC

DelawareSUBSIDIARIES OF DTS (BVI) LIMITED:DTS (Asia) Limited

Hong KongDTS China Holding Limited

British Virgin IslandsDTS (BVI) AZ Research Limited

British Virgin IslandsDTS Licensing Limited

Republic of IrelandSUBSIDIARY OF DTS LICENSING LIMITED:DLLNI LIMITED

England and WalesDTS Licensing Pte. Ltd.

SingaporeSUBSIDIARY OF DTS CHINA HOLDING LIMITED:DTS China Licensing (Hong Kong) Limited

Hong KongSUBSIDIARY OF DTS CHINA LICENSING (HONG KONG) LIMITED:Guangzhou DTS Digital Theater System, Co. Ltd

People's Republic of ChinaSUBSIDIARY OF DTS CANADA HOLDINGS, INC.:DTS Canada Inc

Canada


---



QuickLinks
**Exhibit 31.2**

 

**CERTIFICATIONS**

 

I, R. Brooks Sherman, Jr., certify that: 

 

1. I have reviewed this Amendment No. 1 on Form 10-K/A of Inergy Holdings, L.P. (the “registrant”); 

 

2. Based on my knowledge, this report does not contain any untrue statementof 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 report; 

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this 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 report; 

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, 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) Evaluated the effectiveness of theregistrant’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

 

c) Disclosed in this report any change in theregistrant’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 isreasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent functions): 

 

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which arereasonably 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’sinternal control over financial reporting. 

 

Date: May 19, 2006
Cordarryl M. ROGERS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-2093

District Court of Appeal of Florida, Second District.

Opinion filed November 2, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
D.G., Appellant(s)/Petitioner(s), v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee(s)/Respondent(s),

CASE NO.: 3D17-0090

District Court of Appeal of Florida, Third District.

MAY 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
ex1050.htm


    Exhibit
10.50

     

    


    May 22,
2008

    


    


    Joseph A.
Heater

    109
Brookhollow Drive

    Downingtown,
PA 19335

    


    Re: Amendment to Employment
Agreement

    


    


    Dear
Joe,

    


    As
Chairman of the Executive Committee of the WPCS International Incorporated Board
of Directors, I wish to inform you that the committee has duly executed a
resolution to increase your compensation. This letter shall serve as an
amendment to the employment agreement effective June 1, 2005 between Employee
and Employer (the “Agreement”). Capitalized terms used but not defined herein
shall have the meaning ascribed to them in the Agreement. Section 5 of the
Agreement is hereby amended and replaced in its entirety with the
following:

    ___

    


    5. Compensation of Heater. As
compensation for the services provided by Heater under this Paragraph, the
Company shall pay Heater an annual salary of Two Hundred Fifty Thousand Dollars
($250,000) to be paid in accordance with the Company’s usual payroll procedures.
In addition to the above base compensation, Heater shall be eligible to receive
bonuses based on the performance of the Company.

    ___

    


    The
foregoing amendment shall be effective as of June 1, 2008. Please confirm your
acceptance by signing below.

    


    


    Respectfully,

    


     

    
      	/s/ Norm
      Dumbroff	 	 	 
	Norm
    Dumbroff	 	 	 
	Chairman of the
      Executive Committee	 	 	 
	Board of
      Directors	 	 	 
	WPCS International
      Incorporated	 	 	 


    

     

    


    Accepted
and agreed to this the 22nd day of May
2008.

    


    
    

    
      	/s/ Joseph A.
      Heater	 	 	 
	Joseph
      A. Heater
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 the Annual Report of Medical Staffing Network Holdings, Inc. (the Company) on Form 10-K for the
fiscal year ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kevin S. Little, Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 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/ Kevin S. Little                  
|Kevin S. Little                      
|President and Chief Financial Officer
|March 7, 2007
EXHIBIT 32.2

CERTIFICATION
OF TREASURER PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TOSECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

I, Ariella Kapelner, hereby certify
pursuant to 18 U.S.C. Section 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 that:

(i)       
The accompanying annual report on Form 10-KSB for the fiscal year ended December 31, 2003,
fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities
Exchange Act of 1934, as amended; and

(ii)       
The information in such report fairly presents, in all material respects, the financial
condition and results of operations of Tally-Ho Ventures, Inc. (the Company).

| | /s/ Ariella Kapelner
Ariella Kapelner      
Treasurer
| | -----------------------------------------------------

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.
Darrin COULON and Tess Coulon v. ENDURANCE RISK PARTNERS INC., Lammico Insurance Agency, Inc., West Bank Surgery Center, L.L.C., and Mark Juneau, Jr., M.D.

NO. 2018-CC-1269

Supreme Court of Louisiana.

November 5, 2018

Denied.

HUGHES, J., would grant in part.
Jeremy Pablo RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-5126

District Court of Appeal of Florida, Second District.

Opinion filed October 3, 2018.

Howard L. Dimmig, II, Public Defender, and Joanna Beth Conner, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

CASANUEVA, SILBERMAN, and MORRIS, JJ., Concur.
Exhibit
31.2





CERTIFICATION
PURSUANT TO RULE 13A-14 OR 15D-14 OF THE SECURITIES EXCHANGE


ACT
OF 1934, AS ADOPTED PURSUANT TO SECTION 302 OF THE


SARBANES-OXLEY
ACT OF 2002





I, Heung
Hung Lee, certify that:





1. I have
reviewed this quarterly report on Form 10-Q of Creative Vistas,
Inc.;





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 report;





3. based
on my knowledge, the financial statements, and other financial information
included in this 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 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, or caused such disclosure
controls and procedures to be designed under one supervisor, 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;





b)
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





c)
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





5. the
registrant's other certifying officers and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing 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 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.





Dated:
August 13, 2010





/s/ Heung Hung LeeHeung
      Hung LeeChief
      Financial Officer
Exhibit 10 




CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM 




We consent to the incorporation by
reference in this Post-Effective Amendment No. 14 to Registration Statement No. 333-48929
on Form N-1A of our report dated May 27, 2008, relating to the financial statements and
financial highlights of BlackRock Technology Fund, Inc. (the “Fund”) appearing in the
Annual Report on Form N-CSR of the Fund for the year ended      March 31, 2008, and to
the references to us under the headings “Financial Highlights” in the Prospectus and “Financial
Statements” in the Statement of Additional Information, which are part of such
Registration Statement. 




/s/ Deloitte & Touche LLP 



Princeton, New Jersey 

   July 24, 2008
Exhibit 10.7
 
 SPECIAL TERMINATION AGREEMENT
     Term
 Definitions
 Acquiring Person




---



##### 



Affiliate and Associate
 Cause
      Change in Control
   2




---



##### 



Code
 Continuing Director
 Exchange Act
 Severance Compensation
 Term
 3




---



##### 



Termination Date
 Rights of Executive Following a Change in Control
      Continued Benefits
 Outplacement Counseling
 4




---



##### 



Payment of Earned But Unpaid Amounts
 Other Rights and Benefits
 No Set-Off or Counterclaim
 Interest on Payments
 Vesting of Stock Awards
 Code Section 409A
 Gross-up
  5




---



##### 



6




---



##### 



No Mitigation Required
 7




---



##### 



Successors; Binding Agreement
   Indemnification; Directors and Officers Liability Insurance
 Notice
 If to the Company:
    
    BearingPoint, Inc.
1676 International Drive
McLean, Virginia 22102
Attn: General Counsel
 If to the Executive:
    
    Eileen Kamerick
[address]
 8




---



##### 



Miscellaneous
 Validity
 Counterparts
 Employment Rights
 Withholding of Taxes
 Disputes
 Legal Fees and Expenses
 9




---



##### 



Rights and Remedies Cumulative
 Code Section 409A
  BEARINGPOINT, INC.By:
    /s/ F. Edwin HarbachF. Edwin HarbachChief Executive Officer and PresidentEXECUTIVE:/s/ Eileen A. KamerickEileen Kamerick 10
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, May 12, 2017.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, May 12, 2017

The Court of Appeals hereby passes the following order

A17D0420. JAMES RUDOLPH COOLEY v. BROWNS WRECKER SERVICE .

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be 

hereby DENIED.

LC NUMBERS:

15CV1001