alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE EX REL. Dwayne DIAZ v. STATE of Louisiana

No. 2017-KH-1892

Supreme Court of Louisiana.

January 14, 2019

**ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS**

PER CURIAM:

*1209Denied. Relator fails to show that he was denied the effective assistance of counsel under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to his remaining claims, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

Relator has now fully litigated his 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.
Exhibit 15.1    CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM  Exhibit 15.1  We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 filed on October 1, 2004 (File No. 333-119475), on Form S-8 filed on September 5, 2006 (File No. 333-137112), on Form S-8 filed on October 29, 2009 (File No. 333-162727), on Form S-8 filed on January 18, 2011 (File No. 333-171739), on Form S-8 filed on April 8, 2011 (File No. 333-173382), on Form S-8 filed on September 12, 2014 (File No. 333-198706), and on Form F-3 filed on September 18, 2015 (File No. 333-207004) of Novartis AG of our report dated January 26, 2016 relating to the consolidated financial statements and the effectiveness of internal control over financial reporting, which appears in this Form 20-F.  PricewaterhouseCoopers AG  /s/Bruno   Rossi

/s/Stephen   JohnsonBruno Rossi

Stephen   JohnsonAudit expert

Global Relationship   PartnerAuditor in charge  Basel, January 26, 2016  PricewaterhouseCoopers AG, St. Jakobs-Strasse 25, CH-4002 Basel, Switzerland Telephone: +41 58 792 51 00, Facsimile: +41 58 792 51 10, www.pwc.ch  PricewaterhouseCoopers AG is a member of a global network of companies that are legally independent of one another.  1
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## By Year

publication        January 1, 1942        General geology and ground-water resources of the island of Maui, Hawaii

publication        May 1, 2002        Moloka'i fieldtrip guidebook: Selected aspects of the geology, geography, and coral reefs of Moloka'i

publication        March 16, 1986        Volcano monitoring at the U.S. Geological Survey's Hawaiian Volcano Observatory

publication        October 31, 2019        Partly cloudy with a chance of lava flows: Forecasting volcanic eruptions in the 21st century

publication        June 23, 2010        Flood-frequency estimates for streams on Kauai, Oahu, Molokai, Maui, and Hawaii, State of Hawaii

publication        January 1, 1947        Geology and ground-water resources of the island of Niihau, Hawaii

publication        January 1, 1940        Geology and ground-water resources of the islands of Lanai and Kahoolawe, Hawaii
Electronically Filed

Intermediate Court of Appeals

CAAP-14-0001085

25-NOV-2015

08:11 AM
Exhibit
10.3


 


[LOGO] IMAGEWARE SYSTEMS, INC.


 


 


March 30, 2004


 


Offer
of Restricted Stock in Exchange for Certain Stock Options Previously Granted


 


Offer
Made to Wayne Wetherell


 


ImageWare’s Board has authorized management
to offer you the ability to receive restricted stock in consideration under the
2001 Equity Incentive Plan in exchange for certain out of the money options
which had been previously granted to you under various option plans.


 


This proposal will not only provide you with
what can be considered greater equity incentives, it also results in increased
option pools for future grants to all employees.


 


Attached is a spreadsheet which summarizes
the proposed option surrender / restricted stock grant.


 


Based upon an exchange ratio of three shares of
restricted stock for five options, 80,281 shares of restricted stock would be
granted out of the 2001 plan in exchange for the surrender of options covering 133,801
shares (from the 2001, 1999 and 1994 plans) with a net of 53,520 of those
options going back into the option pool for future grants to employees.


 


The restricted stock will vest over three
years on a quarterly basis (one twelfth per quarter) and will fully vest upon
any of the following:


 


•                  a change in control,


•                  the sale of the company,


•                  termination of employment
unless such termination was for cause.


 


By vesting in small increments on a quarterly
basis, you will be able to plan and time tax implications (ordinary income on
the entire value of vested stock on the date it vests).  Certificates will be issued to you quarterly
as they vest (or upon the occurrence of one of the events listed above).  The shares will be fully registered when
issued.


 


Please indicate your agreement to accept the
offer presented above by signing below where indicated.  Return the signed original along with the original
option grants covering the options being exchanged.


 


 


	
  /s/  Patrick J. Downs

  	
   

  	
   

  
	
  Patrick Downs 

  Member of Board of Directors and

  Compensation Committee Chairman

  Imageware Systems, Inc

  	
   

  	
  Wayne Wetherell
<PAGE>

                                                                    EXHIBIT 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS

   We hereby consent to the incorporation by reference in the Registration
Statement Form S-8 of Key3Media Group, Inc. (previously known as ZD Events) of
our report dated April 12, 2000, except for the thirteenth paragraph of Note 3,
for which the date is April 13, 2000 relating to the combined financial
statements of ZD Events, as of December 31, 1999 and for the two years ended
December 31, 1999 which appears in this Form 10-K.

/s/ PricewaterhouseCoopers LLP

Boston, Massachusetts
March 29, 2001
----

| 1. | I                have reviewed this amendment no. 1 to the annual report on Form 10-K                for                the year ended December 31, 2006 of Smart Online, Inc.;                and |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 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. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                | By:** **/s/                Dennis Michael Nouri                            |
|-------------------------------------|---------------------------------------------------------------------------------|
| Date:                April 30, 2007 |                       Dennis Michael Nouri        |
|                                |                       Principal Executive Officer |
Order entered November 13, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-01214-CV

HCD HOUSTON CORPORATION, ET AL., Appellants

V.

PAM ESLINGER, AS THE PERSONAL REPRESENTATIVE OF THE 

ESTATE OF ELLA JILL RENICK, ET AL., Appellees

On Appeal from the 44th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-18-07211

ORDER

Before the Court is appellees’ November 9, 2018 motion for an extension of time to file a 

brief. We GRANT the motion and extend the time to December 3, 2018.

/s/ ADA BROWN 

JUSTICE
Exhibit 99(a)

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

        In connection with the Form 10-QSB of James Monroe Bancorp, Inc. for the
quarter ended June 30, 2002, I, John R. Maxwell President and Chief Executive
Officer of James Monroe Bancorp, Inc., hereby certify pursuant to 18 U.S.C.
ss.1350, as adopted pursuant toss.906 of the Sarbanes-Oxley Act of 2002, to the
best of my knowledge and belief, that:

(1) such Form 10-QSB for the quarter ended June 30, 2002, 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-QSB for the quarter ended June 30,
2002, fairly presents, in all material respects, the financial condition and
results of operations of James Monroe Bancorp, Inc.

 /s/ John R. Maxwell
------------------------------------
John R. Maxwell
President and Chief Executive Officer
Reginald A. WALKER, Appellant, v. STATE of Florida, Appellee.

No. 1D17-5172

District Court of Appeal of Florida, First District.

February 5, 2019

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

Ashley B. Moody, Attorney General, and Daniel Krumbholz, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Wolf and M.K. Thomas, JJ., concur; Makar, J., concurs with opinion.

Makar, J., concurring with opinion.

*885Reginald A. Walker, who was convicted of sexual battery in 1991, was later voluntarily designated a sexual violent predator and thereby subject to civil commitment under the Jimmy Ryce Act and held in custody by the Department of Children and Families (DCF). In 2014, he was placed in custody of the Department of Corrections (due to a conditional release violation) where he continues to be held. In 2017, he claimed eligibility for the statutorily-required annual DCF evaluation of his mental condition and fitness to return to society despite being currently in prison; he would have this right if held in DCF's custody. *See* § 394.918(1), Fla. Stat. ("A person committed under this part shall have an examination of his or her mental condition once every year or more frequently at the court's discretion."). As the Second District has held, on a question of first impression, a sexually violent predator who is in prison on a new offense is not entitled to an annual evaluation. The court noted that "Florida statutes do not specify the procedure to employ for a person already determined to be a sexually violent predator, but in prison again for new offenses." *Jackson v. State* , 166 So.3d 906, 910 (Fla. 2d DCA 2015). It concluded, however, that when a sexually violent predator is "in prison for new offenses, nothing would be gained by conducting the evaluation and related court proceedings" because he "would not be entitled to immediate release." *Id.* Here, it does not appear from the record that Walker is entitled to immediate release, nor is it clear when his potential release from prison-and return to DCF custody-is anticipated. As such, I concur and agree that affirmance of the denial of Walker's requested relief is appropriate, and, as in *Jackson* , we need "not address what procedures DCF must follow when [Walker's] release from prison becomes imminent." *Id.* (noting that "given the dearth of case law addressing these peculiar circumstances and the lack of specific guidance in the applicable statute, the legislature may wish to explore this issue.").
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## By Year

publication        July 16, 2015        The hydrogeology of urbanization: The lost springs of Washington, D.C., late Tertiary and Quaternary sediments of D.C., and the Baltimore Long Term Ecological Research site (LTER): Chapter
# Official Journal C 334/2017

| | |
| --- | --- |
| Official Journal
  of the European Union | C 334 |
| | |
| English edition | Information and Notices | Volume 606 October 2017 |

Official Journal

of the European Union

C 334

English edition

Information and Notices

Volume 606 October 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV	Notices | |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES | |
| | European Commission | |
| 2017/C 334/01 | Euro exchange rates | 1 |
| | | |
| |
| | V	Announcements | |
| | ADMINISTRATIVE PROCEDURES | |
| | European Commission | |
| 2017/C 334/02 | Call for proposals under the multiannual work programme for financial assistance in the field of Connecting Europe Facility
  (CEF) — Transport sector for the period 2014-2020 (Commission Implementing Decision C(2017) 5437 amending Implementing Decision
  C(2014) 1921) | 2 |
| | | |
| |
| | | |
| | European Commission Directorate-General for Trade | |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY | |
| | European Commission Directorate-General for Trade | |
| 2017/C 334/03 | Notice concerning the judgment of 11 July 2017 in case T-67/14 in relation to Council Implementing Regulation (EU) No 1106/2013
  imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless
  steel wires originating in India | 3 |
| | | |

Notice No

Contents

page

IV	Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 334/01

Euro exchange rates

1

---

V	Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2017/C 334/02

Call for proposals under the multiannual work programme for financial assistance in the field of Connecting Europe Facility
  (CEF) — Transport sector for the period 2014-2020 (Commission Implementing Decision C(2017) 5437 amending Implementing Decision
  C(2014) 1921)

2

---

European Commission Directorate-General for Trade

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission Directorate-General for Trade

2017/C 334/03

Notice concerning the judgment of 11 July 2017 in case T-67/14 in relation to Council Implementing Regulation (EU) No 1106/2013
  imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless
  steel wires originating in India

3

| EN | |
| --- | --- |

EN
|       | 1.     |       | The Annual Report of ArvinMeritor, Inc. on Form 10-K for the fiscal year ended October 3, 2010 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, and |
|--------------------------------|--------|--------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                           |   |
|                           | 2.     |       | The information contained in that report fairly presents, in all material respects, the financial condition and results of operations of ArvinMeritor, Inc.                                      |

| /s/ Jeffrey A. Craig            |
|---------------------------------|
| Jeffrey A. Craig                |
| Senior Vice President and Chief |
| Financial Officer               |

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-6282

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

SIMON CHOW,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CR-94-219-A)

Submitted: June 29, 1999 Decided: July 16, 1999

Before WILLIAMS and MOTZ, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Simon Chow, Appellant Pro Se. William Neil Hammerstrom, Jr.,

OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Simon Chow appeals the district court’s order denying his

motion to correct the judgment of conviction filed under Fed. R.

Crim. P. 36 and Fed. R. Civ. P. 60(a). We have reviewed the record

and the district court’s order and find no reversible error. In

his motion, Chow is actually challenging the sufficiency of the

evidence. Because he had the opportunity to raise this claim in

his 28 U.S.C.A. § 2255 (West Supp. 1999) motion, the district court

properly declined to address it at this juncture. Accordingly, we

affirm the denial of the motion. 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
1551.

#### Macon, Dublin & Savannah Railroad Company *v.*Fuller *&*Son.

Action for damages, from city court of Dublin — Judge Jordan presiding. November 3, 1908.

Argued January 27,

Decided July 31, 1909.

*Minter Wimberly, John S. Adams,*for plaintiff in error.

*James B. Sanders,*contra.

Russell, J.

The evidence did not require the jury to find that the statutory presumption of negligence, arising upon proof that the mule was killed by the ears of the railroad company, was rebutted so as to defeat the plaintiff’s recovery. The issue was one of fact, peculiarly within the province of the jury, and it was not error to refuse a new trial.

*Judgment affirmed.*
<PAGE>

                                                                       EXHIBIT 7

                     MAXCOM TELECOMUNICACIONES, S.A. DE C.V.

  COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES IN ACCORDANCE WITH MEXICAN
                                      GAAP

                 (Amounts expressed in Millions oF Mexican Pesos
                 with Purchasing Power as of December 31, 2002)

<TABLE>
<CAPTION>
                                               2002         2001       2000        1999
                                            ----------   ---------   ---------   ---------
<S>                                         <C>          <C>         <C>         <C>
Income (Loss) Before Income Tax             Ps. (725.0)  Ps.(689.5)  Ps.(658.8)  Ps.(261.1)
Determination of the Ratio
Fixed Charges:
Interest expense                                 207.6       451.3       441.4        55.7
Interest capitalized during period                 0.8         6.0
Rental expense                                    14.8        13.1         7.8         7.0
Dedt issuance costs                                  -           -        90.7        18.2
                                            ----------   ---------   ---------   ---------

     Total fixed charges                    Ps.  223.2   Ps. 470.4   Ps. 540.0   Ps.  80.9
                                            ==========   =========   =========   =========

Earnings:
Income (loss) from continuing operations    Ps. (725.0)  Ps.(689.5)  Ps.(658.8)  Ps.(261.1)
Fixed charges                                    223.2       470.4       540.0        80.9
Less: interest capitalized during period             -           -       (90.7)      (18.2)
Debt issuance costs                               (0.8)       (6.0)
                                            ----------   ---------   ---------   ---------
     Total earnings:                        Ps. (502.5)  Ps.(225.1)  Ps.(209.6)  Ps.(198.4)
                                            ----------   ---------   ---------   ---------

Ratio of Earnings to Fixed Charges               (2.25)      (0.48)      (0.39)      (2.45)
                                            ==========   =========   =========   =========
</TABLE>