alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Antoinette TYNES, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-583

District Court of Appeal of Florida, First District.

December 28, 2018

Andy Thomas, Public Defender, and Colleen D. Mullen, Assistant Public Defender, Tallahassee, for Petitioner.

Pamela Jo Bondi, Attorney General; Edward M. Wenger, Chief Deputy Solicitor General; Steven E. Woods, Assistant Attorney General, Tallahassee, for Respondent.

Per Curiam.

Antoinette Tynes moved for immunity under Florida's Stand Your Ground law after she was charged with attempted first-degree murder for stabbing her boyfriend seven times with a knife in 2016. The trial court denied the motion, and Tynes petitions this Court for a writ of prohibition.

At the pretrial immunity hearing in November 2017, the trial court applied the evidentiary standard outlined in *Bretherick v. State* , 170 So.3d 766, 775 (Fla. 2015), finding that Tynes had the burden to prove entitlement to immunity by a preponderance of the evidence. The trial court concluded that Tynes failed to meet that burden. In 2017, in response to *Bretherick* , the Legislature amended the Stand Your Ground law to shift the burden of proof to the State and to change the quantum of proof required to overcome a defendant's claim of immunity. Ch. 2017-72, § 1-2, Laws of Fla. Now, after the defendant makes a prime facie claim of immunity, the State bears the burden to prove by clear and convincing evidence that the defendant is not entitled to immunity. § 776.032(4), Fla. Stat. (2017). Tynes argues that this amendment to the Stand Your Ground law applies retroactively to her 2016 offense, and thus the trial court erred in requiring her to prove her entitlement to immunity by a preponderance of evidence and in concluding that she failed to meet that burden.

*852Based on this Court's recent decision in *Commander v. State* , 246 So.3d 1303, 1304 (Fla. 1st DCA 2018), wherein this Court held that the 2017 amendment to the Stand Your Ground law applied retroactively, Tynes is entitled to relief. *See also* *Martin v. State* , 43 Fla. L. Weekly D1016, 2018 WL 2074171 (Fla. 2d DCA May 4, 2018) (holding that the 2017 amendment to section 776.032 is procedural in nature and therefore can be applied retroactively). *But see* *Hight v. State* , 253 So.3d 1137 (Fla. 4th DCA 2018) (applying the 2017 amendment prospectively after concluding it was a substantive change in the law); *Love v. State* , 247 So.3d 609 (Fla. 3d DCA 2018) (same and certifying conflict with *Martin* ), *review granted* , SC18-747, 2018 WL 3147946 (Fla. Jun. 26, 2018).

Because the State argues that it met its burden to prove by clear and convincing evidence that Tynes was not entitled to immunity, on remand the trial court may reconsider Tynes' motion based on the evidence presented at the hearing.

PETITION GRANTED .

Rowe, Kelsey, and M.K. Thomas, JJ., concur.
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# C_2022011EN.01001201.xml

| 10.1.2022 | EN | Official Journal of the European Union | C 11/12 |
| --- | --- | --- | --- |

10.1.2022

EN

Official Journal of the European Union

C 11/12

---

Judgment of the Court (Sixth Chamber) of 11 November 2021 (request for a preliminary ruling from the Krajský soud v Brně — Czech Republic) — ELVOSPOL v Odvolací finanční ředitelství

(Case C-398/20) (1)

(Reference for a preliminary ruling - Value added tax (VAT) - Directive 2006/112/EC - Article 90 - Reduction of the taxable amount for VAT purposes - Total or partial non-payment of the price on account of the debtor’s insolvency - Conditions imposed by national legislation for the adjustment of output VAT - Condition that the claim not paid in whole or in part must not have arisen during the six-month period preceding the declaration of insolvency of the debtor company - Non-compliance)

(2022/C 11/15)

Language of the case: Czech

Referring court

Krajský soud v Brně

Parties to the main proceedings

Applicant: ELVOSPOL

Defendant: Odvolací finanční ředitelství

Operative part of the judgment

Article 90 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding a national provision which makes adjustment of the amount of value added tax subject to the condition that the partially or totally unpaid claim must not have arisen during the six-month period preceding the declaration of insolvency of the debtor company, where it is not ruled out under that condition that such a claim may ultimately be definitively irrecoverable.

---

(1)  OJ C 359, 26.10.2020.

---
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 United Energy Corp. (the "Company") on
Form 10-Q for the period ending September 30, 2010 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, James McKeever,
Interim 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 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 Company.




Dated:    
       November 17, 2010
                By:
                /s/ James McKeeverJames
      McKeeverInterim
      Chief Financial Officer
Exhibit 12.1  CERTIFICATION  I, Daniel Vasella, certify that:  1.I have reviewed this annual report on Form 20-F
of Novartis AG;  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 company as of, and for, the periods presented in this
report;  4.The companys other certifying officer
and I are responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))
and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and
15d-15(f)) for the company and have:  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
company, 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
company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 companys internal control over financial reporting that occurred during
the period covered by the annual report that has materially affected, or is
reasonably likely to materially affect, the companys internal control over
financial reporting; and  5.The companys other certifying officer
and I have disclosed, based on our most recent evaluation of internal control
over financial reporting, to the companys auditors and the audit committee of
the company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 are reasonably likely to adversely affect the company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
companys internal control over financial reporting.  Date: January 28,
2009  By:
  
  /s/  DANIEL
  VASELLADaniel VasellaChairman
  and Chief Executive Officer
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Presentations and Events        September 20, 2018        Habitat Connectivity: Assessing Threats and IDing Conservation Actions
III 

118TH CONGRESS 

1ST SESSION S. RES. 442 

Designating October 2023 as ‘‘National Country Music Month’’. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2023 

Mrs. BLACKBURN (for herself and Mr. KAINE) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Designating October 2023 as ‘‘National Country Music 

Month’’. 

Whereas country music, a uniquely American sound, echoes 

from the backroads of the United States to the streets 

of Nashville, Tennessee; 

Whereas Bristol, straddling the Tennessee and Virginia state 

line, is recognized as the ‘‘birthplace of country music’’; 

Whereas the Grand Ole Opry, the most famous stage in country music, has been called the ‘‘home of American 

music’’; 

Whereas the Ryman Auditorium, the original home of the 

Grand Ole Opry, has been described as ‘‘the Mother 

Church of country music’’; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•SRES 442 ATS 

Whereas country music reminds every American of the importance of faith, family, freedom, hope, opportunity, and 

patriotism; 

Whereas country music has influenced numerous other genres 

of music; 

Whereas country music is an incredibly diverse genre, appealing to Americans from all walks of life; 

Whereas country music has millions of fans all across the 

United States; 

Whereas the country music industry contributes billions of 

dollars in revenue each year to the economy of the United 

States; 

Whereas the Country Music Association first celebrated ‘‘National Country Music Month’’ in 1964; and 

Whereas President Nixon issued a presidential proclamation 

in 1970 to acknowledge October as ‘‘National Country 

Music Month’’: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates October 2023 as ‘‘National 

3 Country Music Month’’; 

4 (2) honors the contributions of country music 

5 to the story and history of the United States; and 

6 (3) encourages the American people to observe 

7 ‘‘National Country Music Month’’ with appropriate 

8 ceremonies and activities. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
III 

118TH CONGRESS 

1ST SESSION S. RES. 454 

Designating November 8, 2023, as ‘‘National Science, Technology, Engineering, and Mathematics (STEM) Day’’ and celebrating the importance 

of science, technology, engineering, and mathematics in education and 

the workforce in the United States. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2023 

Ms. ROSEN (for herself, Mrs. CAPITO, and Ms. SMITH) submitted the 

following resolution; which was referred to the Committee on the Judiciary 

RESOLUTION 

Designating November 8, 2023, as ‘‘National Science, Technology, Engineering, and Mathematics (STEM) Day’’ 

and celebrating the importance of science, technology, 

engineering, and mathematics in education and the workforce in the United States. 

Whereas the Bureau of Labor shows that there are currently 

over 10,000,000 Americans employed in science, technology, engineering, and mathematics (STEM) occupations in the United States; 

Whereas STEM occupations are projected to grow more than 

10 percent between 2022 and 2032 to nearly 11,500,000 

jobs; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•SRES 454 IS 

Whereas over 821,000 new STEM job openings will become 

available within the next decade; 

Whereas, in 2018, only 20 percent of high school graduates 

in the United States were fully prepared for college-level 

STEM curriculum courses; 

Whereas women are largely underrepresented in the STEM 

workforce and hold less than 1⁄3 of all STEM jobs; 

Whereas the National Center for Science and Engineering 

Statistics shows that, in 2021, Hispanic workers represented only 15 percent of the STEM workforce and 

Black workers represented only 9 percent; and 

Whereas teaching STEM subjects to students in the classroom can help inspire them to consider STEM career 

paths: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates November 8, 2023, as ‘‘National 

3 Science, Technology, Engineering, and Mathematics 

4 (STEM) Day’’; 

5 (2) celebrates the importance of science, tech6 nology, engineering, and mathematics in education 

7 and the workforce in the United States; and 

8 (3) urges the people of the United States to ob9 serve National STEM Day with appropriate pro10 grams and activities. 

Æ 


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*s No. 03-15-00222-CR In the COURT OF APPEALS For the THIRD SUPREME JUDICIAL DISTRICT at Austin
On Appeal from the 277th Judicial District Court of Williamson County, Texas Cause Number 13-1923-277
MONTE KEN ROSS, Appellant v. THE STATE OF TEXAS, Appellee

MOTION FOR PRO SE ACCESS TO APPELLATE RECORD

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: COMES NOW, Monte Ken Ross, Appellant herein, and files this, his Motion for Pro Se Access to Appellate Record. In support of said motion, Appellant would show the Court the following: Appointed Counsel for Appellant has filed an Anders Brief and Motion to Withdraw. Pursuant to the Texas Court of Criminal Appeals' recent decision in Kelly v. State, No. PD-0702-13 (Delivered June 25, 2014), Appellant now requests access to the appellate record for the preparation of his pro se response. ACCEPTED 03-15-00222-CR 7863408 THIRD COURT OF APPEALS

AUSTIN, TEXAS 11/17/2015 12:35:52 PM JEFFREY D. KYLE

CLERK1



### PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that this Court grant his Motion for Pro Se Access to the Appellate Record. Respectfully submitted,

Monte Ken Ross DATE: //-a-/ 6

## Kristen Jernigan Attorney at Law 207 S. Austin Ave., Georgetown, Texas 78626 (512) 904-0123 (AUSTIN AREA) (832) 642-3081 (HOUSTON AREA) (512) 931-3650 (Fax) Kristen@txcrimapp.com

B B O A R D CERTIFIED' CRIMINAL APPELLATE LAW



### November 16, 2015 Hon. Jeffrey Kyle Clerk of the Court Third Court of Appeals P.O. Box 12547 Austin, Texas 78711 Re: Monte Ken Ross v. The State of Texas, No. 03-15-000222-CR Dear Mr. Kyle: I received the attached, signed Motion for Pro Se Access to Appellate Record which Mr. Ross inadvertently sent to me instead of the Court. I would ask you to please file this motion on behalf of Mr. Ross. Please contact me should you have any questions or require any further information. Sincerely, Kristen Jernigan
# C_2022472EN.01000701.xml

| 12.12.2022 | EN | Official Journal of the European Union | C 472/7 |
| --- | --- | --- | --- |

12.12.2022

EN

Official Journal of the European Union

C 472/7

---

Judgment of the Court (Fourth Chamber) of 27 October 2022 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — DB Station & Service AG v ODEG Ostdeutsche Eisenbahn GmbH

(Case C-721/20) (1)

(Reference for a preliminary ruling - Rail transport - Article 102 TFEU - Abuse of a dominant position - Directive 2001/14/EC - Access to railway infrastructure - Article 30 - Railway regulatory body - Review of infrastructure charges - National courts - Review of charges in the light of competition law - Division of competence between the regulatory authority and the national courts)

(2022/C 472/08)

Language of the case: German

Referring court

Kammergericht Berlin

Parties to the main proceedings

Applicant: DB Station & Service AG

Defendant: ODEG Ostdeutsche Eisenbahn GmbH

Operative part of the judgment

Article 30 of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007,

must be interpreted as not precluding national courts from applying Article 102 TFEU and national competition law concurrently, in order to hear and determine a claim for reimbursement of infrastructure charges, provided, however, that the competent regulatory body has previously ruled on the lawfulness of the charges in question. In that context, a duty of sincere cooperation is incumbent upon those courts, which are required to take account of decisions delivered by that body as a criterion of assessment and to give reasons for their own decisions in the light of all the documents in the files submitted to them.

---

(1)  OJ C 88, 15.3.2021.

---
**Exhibit 13.1**

 

**Certification Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

 

I, Per Skargard, the Chief Financial Officer of Concordia Bus AB(publ), certify that to the best of my knowledge (i) the Form 20-Ffully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and (ii) the informationcontained in the Form 20-F fairly presents, in all material respects, thefinancial condition and results of operations of Concordia Bus AB (publ).

 
| /s/ Per Skargard        |   | Date: November 7, 2006 |
|-------------------------|--------|------------------------|
| Per Skargard            |   |                   |
| Chief Financial Officer |   |                   |

 

----
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