alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Patricia J. GONZALEZ v. Monty MONTELONGO and The State of Louisiana, Department of Public Safety and Corrections, Office of the State Police

No. 2019-CC-32

Supreme Court of Louisiana.

January 7, 2019

**ON SUPERVISORY WRITS TO THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS**

Writ application granted in part.

CLARK, J., would grant and reverse.

HUGHES, J., dissents and assigns reasons.

CRICHTON, J., would grant and reverse.

Hughes, J., dissenting.

I respectfully dissent. The opinion of the U.S. Supreme Court in *Graham v. Connor* , 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989), as well as the opinions of this court in *Mathieu v. Imperial Toy Corp.* , 94-0952 (La. 11/30/94), 646 So.2d 318, and *Kyle v. City of New Orleans* , 353 So.2d 969 (La. 1977) are controlling, without qualification. The issue in this case is not plaintiff's level of intoxication, but what happened at the time of the incident.

According to this court's order, if plaintiff does not testify about her "level of intoxication," the defense may not open this door by asking leading questions on cross examination.

The officer's observations and the results of the field sobriety test are admissible. But the uncertified intoxilyzer results from two hours later cannot be used to prejudice the plaintiff in the eyes of the jury under the guise of impeaching her credibility on what happened at the time of the incident.
Shirley M. HARVEY a/k/a Shirley Harvey, et al., Appellant, v. SAXON MORTGAGE, INC., Appellee.

No. 4D18-606

District Court of Appeal of Florida, Fourth District.

[October 11, 2018]

Shirley M. Harvey, Tampa, pro se.

Nancy M. Wallace of Akerman LLP, Tallahassee; William P. Heller of Akerman LLP, Fort Lauderdale; and Celia C. Falzone of Akerman LLP, Jacksonville, for appellee.

Per Curiam.

*Affirmed.*

Taylor, May and Ciklin, JJ., concur.
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 41646

STATE OF IDAHO,

Plaintiff-Respondent,

v.

JOHN FREDRICK WARREN,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2014 Unpublished Opinion No. 767

Filed: October 15, 2014

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED 

OPINION AND SHALL NOT 

BE CITED AS AUTHORITY

Appeal from the District Court of the First Judicial District, State of Idaho, 

Kootenai County. Hon. Lansing L. Haynes, District Judge. 

Order denying I.C.R. 35 motion, affirmed.

Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy 

Attorney General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Chief Judge; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM

John Fredrick Warren pled guilty to felony driving under the influence (DUI). I.C. 

§§ 18-8004 and 18-8005. In exchange for his guilty plea, the state dismissed an allegation that 

Warren was a persistent violator. The district court sentenced Warren to a unified term of eight 

years, with a minimum period of confinement of two years. 

Warren filed an I.C.R 35 motion for correction of an illegal sentence, asserting that his 

sentence was illegal because he had not previously been sentenced on a second offense DUI. 

The district court denied Warren’s motion, finding that Warren’s sentence was not illegal. 

Warren appeals. 

In State v. Clements, 148 Idaho 82, 87, 218 P.3d 1143, 1148 (2009), the Idaho Supreme 

Court held that the term “illegal sentence” under Rule 35 is narrowly interpreted as a sentence 
2

that is illegal from the face of the record, i.e., does not involve significant questions of fact or 

require an evidentiary hearing. Rule 35 is a “narrow rule,” and because an illegal sentence may 

be corrected at any time, the authority conferred by Rule 35 should be limited to uphold the 

finality of judgments. State v. Farwell, 144 Idaho 732, 735, 170 P.3d 397, 400 (2007). Rule 35 

is not a vehicle designed to reexamine the facts underlying the case to determine whether a 

sentence is illegal; rather, the rule only applies to a narrow category of cases in which the 

sentence imposes a penalty that is simply not authorized by law or where new evidence tends to 

show that the original sentence was excessive. Clements, 148 Idaho at 87, 218 P.3d at 1148. 

“Mindful” of the fact the plain language of the felony DUI statute does not require that 

one of Warren’s prior DUI convictions have been sentenced as a second offense, Warren asserts 

that he should have been sentenced for a misdemeanor DUI rather than a felony. The record 

supports the district court’s finding that Warren’s sentence was not illegal. Therefore, the district 

court properly denied Warren’s motion and his sentence is well within the statutory maximum 

for felony DUI and is not otherwise contrary to applicable law. Accordingly, we conclude no 

abuse of discretion has been shown and the district court’s order denying Warren’s Rule 35 

motion is affirmed.
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 18, 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 December 6, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 937 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-678, K2025-677.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-29884 Filed 12-17-24; 8:45 am]

BILLING CODE 7710-12-P
Exhibit
      10.2


**AMENDMENT
      TO THE**


**KERYX
      BIOPHARMACEUTICALS, INC.**


**2004
      LONG-TERM INCENTIVE PLAN**





This
      Amendment (“Amendment”) is made and executed this 11 th day of
      April, 2006, to be effective as of the date hereof.





**WHEREAS** ,
      the
      Company previously has adopted the Keryx Biopharmaceuticals, Inc. 2004 Long-Term
      Incentive Plan (the “Plan”); and





**WHEREAS** ,
      the
      Board of Directors of the Company has duly authorized and approved the amendment
      of Section 13.4 so that participants may transfer certain awards under the
      Plan;





**NOW,
      THEREFORE** ,
      in
      accordance with Section 15 of the Plan, the Plan is hereby amended as
      follows:





1.           The
      Plan hereby is amended by deleting Section 13.4 in its entirety and substituting
      the following:





No
      right
      or interest of a Participant in any unexercised or restricted Award may be
      pledged, encumbered, or hypothecated to or in favor of any party other than
      the
      Company or an Affiliate, or shall be subject to any lien, obligation, or
      liability of such Participant to any other party other than the Company or
      an
      Affiliate. No unexercised or restricted Award shall be assignable or
      transferable by a Participant other than by will or the laws of descent and
      distribution or, except in the case of an Incentive Stock Option, pursuant
      to a
      domestic relations order that would satisfy Section 414(p)(1)(A) of the Code
      if
      such Section applied to an Award under the Plan; provided, however, that the
      Committee may (but need not) permit other transfers where the Committee
      concludes that such transferability (i) does not result in accelerated taxation,
      (ii) does not cause any Option intended to be an Incentive Stock Option to
      fail
      to be described in Code Section 422(b), and (iii) is otherwise appropriate
      and
      desirable, taking into account any factors deemed relevant, including without
      limitation, state or federal tax or securities laws applicable to transferable
      Awards.





The
      provisions of the Plan, as heretofore amended, shall remain in full force and
      effect.





IN
      WITNESS WHEREOF, the Company has caused this Amendment to be executed by its
      duly authorized officer as of the date first above written.





**KERYX
      BIOPHARMACEUTICALS, INC.**





By: /s/
      Michael S. Weiss





Name: Michael
      S. Weiss




Title: Chairman
      and CEO
SECTION 906 CERTIFICATION OF CEO

                                  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 Inyx, Inc. (the "Company") on Form
10-QSB/A for the period ending June 30, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Jack Kachkar, Chief
Executive Officer of the small business issuer, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002:

      (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 small
business issuer.



/s/ Jack Kachkar
----------------
Jack Kachkar
Chief Executive Officer

April 21, 2005
--------------
Date
Terry Lopez BOLDRIDGE, Appellant, v. STATE of Florida, Appellee.

No. 1D18-4866

District Court of Appeal of Florida, First District.

December 31, 2018

Bruce Miller, Public Defender, and Justina Clara Jassen Turner, Assistant Public Defender, Crestview, for Appellant.

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

Per Curiam.

The appeal is dismissed as untimely. Any request for belated appeal must be filed pursuant to Florida Rule of Appellate Procedure 9.141(c).

Lewis, Winokur, and Jay, JJ., concur.
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 18, 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 December 9, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 967 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-711, K2025-710.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-30015 Filed 12-17-24; 8:45 am]

BILLING CODE 7710-12-P
<PAGE>
                                                                    Exhibit 32.1

                                RedEnvelope, Inc.

                            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 RedEnvelope, Inc. (the "Company") on
Form 10-K for the year ended March 28, 2004, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Alison L. May, Chief
Executive 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:


(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/ Alison L. May

Chief Executive Officer

June 22, 2004
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THE STATE OF TEXAS

MANDATE

TO THE 282ND DISTRICT COURT OF DALLAS COUNTY, GREETINGS:

Before the Court of Appeals for the Sixth Court of Appeals District of Texas, on the 6th 

day of July, A.D. 2015, the cause upon appeal to revise or reverse your Judgment was determined; 

and therein our said Court made its order in these words:

Franjessica Williams, Appellant

v.

The State of Texas, Appellee

No. 06-14-00224-CR

Trial Court No. F-1400534-S

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Franjessica Williams, has adequately indicated his inability to 

pay costs of appeal. Therefore, we waive payment of costs.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court in this 

behalf, and in all things to have it duly recognized, obeyed, and executed.

WITNESS, the Hon. Josh R. Morriss, III, Chief Justice of our said Court of Appeals, with 

the seal thereof annexed, at the City of Texarkana, this the 1st day of September, A.D. 2015.

DEBRA K. AUTREY, Clerk
IN THE SUPREME COURT OF PENNSYLVANIA

In the Matter of

SCOTT DOUGLAS CRAWFORD

PETITION FOR REINSTATEMENT
FROM ADMINISTRATIVE SUSPENSION :

:

:

:

:

:

: No. 103 DB 2017 (No. 75 RST 2017)

Attorney Registration No. 85104

( Out of State )

O R D E R

PER CURIAM

AND NOW , this 22 nd day of September

, 201 7 , the Report and Recommendation

of Disciplinary Board Member dated September 13 , 2017 , is approved and it is

ORDERED that Scott Douglas Crawford

, who has been on Administrative Suspension

, has never been suspended or disbarred, and has demonstrated that he has the moral

qualifications, competency and learning in law required for admission to practice in the

Commonwealth, shall be and is, hereby reinstated to active status as a member of the

Bar of this Commonwealth. The expenses incurred by the Board in the investigation

and processing of this matter shall be paid by the Petitioner.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 2 1
- 0144 STATE OF MONTANA,

Plaintiff and Appellee, v. EDWARD LEROY SOUTHER ,

Defendant and Appellant
.

**G RANT**  Pursuant to authority granted under Mont. R. App. P. 26(1), the Appellant is given an extension of time until August 4 , 2022 , to prepare, file, and serve the Appellant’s reply brief. No further extensions will be granted.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 23 2022

06/23/2022

Case Number: DA 21-0144
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