alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 376 Introduced in House (IH)]

113th CONGRESS
  1st Session
H. RES. 376

Providing for the consideration of the bill (H.R. 233) to amend chapter 
 31 of title 31, United States Code, to provide for an orderly process 
                by which the debt ceiling is increased.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2013

Mr. Honda submitted the following resolution; which was referred to the 
                           Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
Providing for the consideration of the bill (H.R. 233) to amend chapter 
 31 of title 31, United States Code, to provide for an orderly process 
                by which the debt ceiling is increased.

    Resolved, That immediately upon adoption of this resolution, the 
House shall proceed to the consideration in the House of the bill (H.R. 
233) to amend chapter 31 of title 31, United States Code, to provide 
for an orderly process by which the debt ceiling is increased. All 
points of order against consideration of the bill are waived. The bill 
shall be considered as read. All points of order against provisions in 
the bill are waived. The previous question shall be considered as 
ordered on the bill and on any amendment thereto to final passage 
without intervening motion except: (1) one hour of debate equally 
divided and controlled by the chair and ranking minority member of the 
Committee on Ways and Means; (2) a proper amendment in the nature of a 
substitute consistent with the bill (S. 1569, the ``Default Prevention 
Act of 2013'') to ensure the complete and timely payment of the 
obligations of the United States Government until December 31, 2014, if 
offered by Representative Honda of California or his designee, which 
shall be in order without intervention of any point of order except for 
those arising under clause 7 of rule XVI, shall be considered as read, 
and shall be separately debatable for one hour equally divided and 
controlled by the proponent and an opponent; and (3) one motion to 
recommit with or without instructions.
    Sec. 2.  Clause 1(c) of rule XIX shall not apply to the 
consideration of H.R. 233 as provided for in the first section of this 
resolution.
                                 <all>
```
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Third District Court of Appeal

State of Florida

Opinion filed May 27, 2015.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D10-27

Lower Tribunal No. 06-44071

________________

Anthony Figueroa,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Daryl E.

Trawick, Judge.

Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public

Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant

Attorney General, for appellee.

Before WELLS, LAGOA, and FERNANDEZ, JJ.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.
Upon remand by the Florida Supreme Court, we reverse Anthony

Figueroa’s (“Figueroa”) conviction and sentence for second degree murder and

remand for a new trial. 

The sole issue on appeal arises from the jury instructions given by the trial

court for manslaughter, which was the 2008 interim manslaughter by act

instruction approved by the Florida Supreme Court. See In re Standard Jury

Instructions in Criminal Cases—Report No. 2007-10, 997 So. 2d 403 (Fla. 2008). 

The question before us is whether that instruction erroneously stated the elements

of manslaughter by act, and whether the instruction constitutes fundamental error

in the instant case. See Daniels v. State, 121 So. 3d 409 (Fla. 2013); State v.

Montgomery, 39 So. 3d 252 (Fla. 2010). 

Pursuant to Figueroa’s Motion for Rehearing, we withdrew our opinion

issued June 25, 2014, and stayed our decision pending disposition of Griffin v.

State, 160 So. 3d 63 (Fla. 2015). Subsequently, in Griffin, the Florida Supreme

Court clarified that the giving of an erroneous manslaughter by act jury instruction

does establish fundamental error when the defendant’s sole defense is

misidentification. Because the defendant in Griffin was convicted of second

degree murder, an offense only one step removed from manslaughter, and because

the defendant did not concede the intent by which the homicide was committed,

the Court concluded that proof of that issue remained on the State, and remained in

dispute notwithstanding the defendant’s defense of misidentification. Id. at 70. 

2
Thus, it was fundamental error to erroneously instruct the jury on manslaughter by

act, requiring a new trial. Id. 

In accordance with Griffin, 160 So. 3d 63, we hold that the error here was

fundamental, as Figueroa did not concede the element of intent and he had no

affirmative obligation to dispute intent or any element of the crime. Id.; Page v.

State, 40 Fla. L. Weekly D1077 (Fla. 3d DCA May 6, 2015); Moore v. State, 40

Fla. L. Weekly D1075 (Fla. 3d DCA May 6, 2015). Because we find that

fundamental error occurred, we reverse and remand for a new trial.

REVERSED AND REMANDED

3
Alford Jerome STATEN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-938

District Court of Appeal of Florida, Fifth District.

Opinion filed December 21, 2018

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the judgment and sentence imposed by the trial court following Appellant's *325violation of probation trial. However, we remand for the entry of a written order revoking Appellant's probation that specifies the condition of probation that Appellant was found to have violated. *See**Rey v. State* , 904 So.2d 566, 566 (Fla. 4th DCA 2005) (remanding "for entry of a written order of revocation of probation specifying the conditions [of probation] appellant was found to have violated").

AFFIRMED; REMANDED for entry of written order of revocation of probation.

WALLIS, LAMBERT, and GROSSHANS, JJ., concur.
C.Q.W., a child, Appellant, v. STATE of Florida, Appellee.

No. 4D17-3717

District Court of Appeal of Florida, Fourth District.

November 1, 2018

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Neville DAVIS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D16-3787

District Court of Appeal of Florida, Fifth District.

Decision filed December 18, 2018

Wayne C. Golding, Sr., of The Golding Law Group, PLC, Orlando, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

BERGER, LAMBERT and GROSSHANS, JJ., concur.
N OTE : This disposition is nonprecedential. 

# United States Court of Appeals **for the Federal Circuit**

______________________

NORTHPOINT TECHNOLOGY, LTD., Plaintiff-Appellant,

v.

DIRECTV, INC., Defendant-Appellee,

AND

DISH NETWORK LLC AND ECHOSTAR TECHNOLOGIES, LLC, Defendants-Appellees.

____________________

2011-1524

______________________ Appeal from the United States District Court for the Western District of Texas No. 09-CV-0506, Judge James R. Nowlin.

______________________

JUDGMENT

______________________

A LISA A. L IPSKI , Goldstein & Lipski, PLLC, of Houston, Texas, argued for the plaintiff-appellant. With her on the brief was E DWARD W. G OLDSTEIN

.

A LEXANDER F. M AC K INNON , Kirkland & Ellis, LLP, ofLos Angeles, California, argued for all defendantsappellees. With him on the brief were R. A LEXANDER P ILMER ; and D ENNIS J. A BDELNOUR , of Washington, DC, for defendant-appellee DirecTV, Inc. Of counsel was G UY R UTTENBERG , of Los Angeles, California.R ACHEL K REVANS , Morrison & Foerster, LLP, of San Francisco, California, for defendants-appellees, Dish Network LLC and EchoStar Technologies, LLC. With her on the brief were J ASON A. C ROTTY , M ATTHEW A. C HIVVIS
, and D IANA B. K RUZE

.

______________________

T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (P ROST
, M OORE , and W ALLACH
, Circuit Judges ).

AFFIRMED. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

May 11, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk
<PAGE>

EXHIBIT 32.1 AND 32.2


                    CERTIFICATION PURSUANT TO RULE 13a-14(b)
                     OF THE SECURITIES EXCHANGE ACT OF 1934,
                            AS AMENDED, AND 18 U.S.C.
                SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


The undersigned officer of XXX Acquisition Corp. (f/k/a/ Continan
Communications, Inc. and hereinafter the "Company") hereby certifies to such
officer's knowledge that the Amendment No. 1 to the Company's Quarterly Report
on Form 10-Q for the three months ended March 31, 2009 (the "Report"), as filed
with the Securities and Exchange Commission on the date hereof, fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934, as amended, and the information contained in the Quarterly Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company. This certification is provided solely pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, and shall not be deemed to be part of the Report or "filed" for any
purpose whatsoever.


Date: July 28, 2009                      Name:      /s/ Marcia Rosenbaum
                                                   -----------------------
                                                   Marcia Rosenbaum
                                       Title:      Chief Executive Officer and
                                                   Chief Financial Officer
STATE of Louisiana v. Honore ESTES

No. 2017-KP-1654

Supreme Court of Louisiana.

January 14, 2019

**ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON**

PER CURIAM:

Denied. Relator fails to show that she 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).

Relator has now fully litigated her 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 she can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted her right to state collateral *1210review. The district court is ordered to record a minute entry consistent with this per curiam.
**Exhibit 31.2**

**CERTIFICATION PURSUANT TO 18 USC, SECTION 1350, AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, James McGinnis, Jr., certify that:

1. I have reviewed this report on Form 10-QSB of EP Global Communications, Inc. for the period ended March 31, 2007;

2. Based on myknowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period coveredby this report;

3. Based on myknowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the smallbusiness issuer as of, and for, the periods presented in this report;

4. The smallbusiness issuer's other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internalcontrol over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the small business issuer and have:

(a) designed suchdisclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure thatmaterial information relating to the small business issuer, includingits consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report isbeing prepared;

(b) paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986;

(c) evaluated theeffectiveness of the small business issuer's disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and

(d) disclosed inthis report any change in the small business issuer's internal controlover financial reporting that occurred during the small businessissuer's most recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the small business issuer'scontrol over financial reporting; and.

5. The smallbusiness issuer's other certifying officers and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the small business issuer's auditors and the auditcommittee of the small business issuer's board of directors (or personsperforming the equivalent functions):

(a) allsignificant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the small business issuer'sability to record, process, summarize and report financial information;and

(b) any fraud,whether or not material, that involves management or other employeeswho have a significant role in the small business issuer's internalcontrols and procedures for financial reporting.

May 15, 2007

By: /s/ James McGinnis

           James McGinnis

Chief Financial Officer
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map        January 1, 1981        Seismicity map of the State of Kansas
Thomas MACDONALD, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-4050

District Court of Appeal of Florida, Fifth District.

Decision filed October 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Brenda MARSHALL, Appellant, v. STATE of Florida, Appellee.

No. 1D17-4646

District Court of Appeal of Florida, First District.

December 11, 2018

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant; Brenda Marshall, pro se, Appellant.

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

Per Curiam.

AFFIRMED.

Wolf, Winokur, and Jay, JJ., concur.
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 Quarterly Report of EP Global Communications, Inc. on Form 10-QSB for the period ending March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof, I, Paul Cunningham, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



1. The Report 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 Company.





May 22, 2006





By:  /s/ Paul Cunningham

Paul Cunningham

President and Chief Executive Officer
<PAGE>

                                                                   Exhibit 32(b)

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

     In connection with the Form 10-Q of James Monroe Bancorp, Inc. for the
quarter ended March 31, 2006, I, Richard I. Linhart, Senior Executive Vice
President and Chief Operating Officer of James Monroe Bancorp, Inc., hereby
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

(1) such Form 10-Q for the quarter ended March 31, 2006, 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 such Form 10-Q for the quarter ended March 31,
2006, fairly presents, in all material respects, the financial condition and
results of operations of James Monroe Bancorp, Inc.


/s/ Richard I. Linhart
----------------------------------------
Richard I. Linhart
Senior Executive Vice President and
Chief Operating Officer
2009 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit 4-28-2009 

# U SA v . George B lo o d P r e c e de n t i al or N on-P r e c e de n t i al : N on-P r e c e de n t i al D ocke t N o . 08-4101

F o l low thi s a nd a dd it ion al work s at : http://d i git alc ommon s .l a w . vi l l a no va . e du/thir dc ir c uit_2009

Thi s de c i sion i s br ou gh t t o you for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit at V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

. It h as be e n a c c e pt e d for inclusion in 2009 D e c i sion s b y a n author i z e d a dmini s tr at or of V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

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w . vi l l a no va . e du . Re c omme nde d C it at ion " U SA v . Ge org e B lood " (2009). 2009 D e cisio n s . P ape r 1463. http://d i git alc ommon s .l a

w . vi l l a no va . e du/thir dc ir c uit_2009/1463UN I TED STATES CO UR T OF A PP EALS F O R T H E T H IR D C IR C U IT

_______________ N o. 08- 4101

________________ UNI TE D ST ATE S OF AM ERI CA

vs. GE OR GE BL OOD,

A ppel l ant

______________ B efor e: SC I R I C A , C hi ef J udge, W E I S and G A R T H , C i r cui tJ udges

______________________________________ S UR P ET I TI ON F OR P ANE L R EHE ARI NG

______________________________________ T he p et i t i on for pan el reheari ng i s GR ANTED . T he O pi ni on fi l ed on M arch 20 , 20 09 i s WI T H D R A WN .

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th e m o tio n . BY THE C OU RT: S /J O S E P H F . W E IS J R . U ni t ed St at es C i r cui tJ udge D A T E D : A pr i l 28, 2009 M B / cc: G eor ge B l ood

L es l eyF. W ol f, E s q.