alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of Florida, Appellant, v. Yolanda Denise HARVEY, Appellee.

No. 1D18-1606

District Court of Appeal of Florida, First District.

June 28, 2019

Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee; Yaritza Flores-Collazo, Assistant State Attorney, Office of the State Attorney, Pensacola, for Appellant.

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellee.

Per Curiam.

The State appeals the trial court's imposition of a downward-departure sentence for Appellee's violation of community control, which was her fourth violation of supervision following an original sentence of probation. Although the trial court erred in failing to make oral or written findings supporting the downward departure as required by section 921.00265(2), Florida Statutes (2017), we are constrained to affirm because the error was not preserved-the State did not object. "The State must call the court's attention to the need for downward departure reasons with a proper objection." *State v. Green* , 12 So. 3d 796, 797 (Fla. 3d DCA 2009) ; *see also**State v. Colbert* , 968 So. 2d 1043, 1045 (Fla. 5th DCA 2007) (finding general objection insufficient); *State v. Dort* , 929 So. 2d 1190, 1191 (Fla. 4th DCA 2006) (finding no preservation, and affirming, where State did not object to downward departure sentence);

*1241*State v. Jackson* , 789 So. 2d 512, 513 (Fla. 1st DCA 2001) (affirming for lack of preservation although trial court failed to give oral or written grounds for downward departure).

AFFIRMED .

Rowe, Bilbrey, and Kelsey, JJ., concur.
##### 



Exhibit 31.2
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-QSB of Axcess International, Inc.;2.
    
    Based on my knowledge, this quarterly 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 quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this quarterly 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 quarterly 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 Rule 13a-14 and
15d-14) for the registrant and we have:
 a)
    
    designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidating
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report was prepared;b)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures as of the end of the period covered by this quarterly report (the
Evaluation Date); andc)
    
    presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on the required
evaluation as of the Evaluation Date;
 5.
    
    The registrants other certifying officers and I have disclosed, based on our most
recent evaluation, 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 in the design or operation of internal
controls which could adversely affect the registrants ability to record, process,
summarize and report financial data and have identified for the registrants
auditors any material weaknesses in internal controls; andb)
    
    any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal controls; and
 6.
    
    The registrants other certifying officers and I have indicated in this quarterly
report whether or not there were significant changes in internal controls or in other
factors that could significantly affect internal controls subsequent to the date of our
most recent evaluation, including any corrective actions with regard to significant
deficiencies and material weaknesses.
  /s/ ALLAN L. FRANKAllan L. Frank, Vice President, Chief Financial Officer and Secretary(Principal Accounting and Financial Officer)
Norby Marin MORENO, petitioner, v. UNITED STATES.

No. 12-8833.

Supreme Court of the United States

June 10, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
FLORIDA FARM BUREAU GENERAL INSURANCE COMPANY, Appellant, v. Helen GREEN, an Individual, Appellee.

No. 1D19-0211

District Court of Appeal of Florida, First District.

May 22, 2019 Rehearing Denied July 11, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
<PAGE>

                                                                    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 Universal American Financial Corp.
(the "Company") on Form 10-Q for the period ending June 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Richard A. Barasch, 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 to the best of my knowledge:

         (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.

Date: August 13, 2003

                                                   /s/ Richard A. Barasch
                                                   -----------------------------
                                                   Richard A. Barasch
                                                   Chief Executive Officer
ex-10p.htm


    


    


    MDU
Resources Group, Inc. Executive Officers

    with
Change of Control Employment Agreements Chart

    


    


    
      
        	
                Name

              	
                Title

              	
                Date
      of Agreement

              
	
                Terry
      D. Hildestad

              	
                President
      and Chief Executive Officer, MDU Resources Group, Inc.

              	
                June
      5, 2008

              
	
                Vernon
      A. Raile

              	
                Executive
      Vice President, Treasurer and Chief Financial Officer, MDU Resources
      Group, Inc.

              	
                June
      5, 2008

              
	
                William
      E. Schneider

              	
                President
      and Chief Executive Officer, Knife River Corporation

              	
                June
      5, 2008

              
	
                John
      G. Harp

              	
                President
      and Chief Executive Officer, MDU Construction Services Group,
      Inc.

              	
                June
      5, 2008

              
	
                Steven
      L. Bietz

              	
                President
      and Chief Executive Officer, WBI Holdings, Inc.

              	
                June
      5, 2008

              
	
                David
      L. Goodin

              	
                President
      and Chief Executive Officer, Montana-Dakota Utilities Co., Great Plains
      Natural Gas Co., Cascade Natural Gas Corporation and Intermountain Gas
      Company

              	
                June
      5, 2008

              
	
                William
      R. Connors

              	
                Vice
      President – Renewable Resources, MDU Resources Group, Inc.

              	
                November
      12, 2008

              
	
                Mark
      A. Del Vecchio

              	
                Vice
      President - Human Resources, MDU Resources Group, Inc.

              	
                June
      5, 2008

              
	
                Nicole
      A. Kivisto

              	
                Controller,
      MDU Resources Group, Inc.

              	
                June
      5, 2008

              
	
                Cynthia
      J. Norland

              	
                Vice
      President - Administration, MDU Resources Group, Inc.

              	
                June
      5, 2008

              
	
                Paul
      K. Sandness

              	
                General
      Counsel and Secretary, MDU Resources Group, Inc.

              	
                June
      5, 2008

              
	
                Doran
      N. Schwartz

              	
                Vice
      President and Chief Accounting Officer, MDU Resources Group,
      Inc.

              	
                June
      5, 2008

              
	
                John
      P. Stumpf

              	
                Vice
      President – Strategic Planning, MDU Resources Group, Inc.

              	
                June
      5, 2008
Consuelo VALDIVIEZ, Doc # H11693, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-3963

District Court of Appeal of Florida, Second District.

Opinion filed July 19, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Johnnie Bradley v. The State of Texas

Appellate case number: 01

- 12

- 00713

- CR

Trial court case number: 1308876

Trial court: 338th District Court of Harris County

Pursuant to Texas Rules of Appellate Procedure 34.5(c) and 44.3, the trial court clerk is

ordered to prepare, certify, and file a supplemental record containing a bill of costs. If no bill of

costs currently exists, the trial court cler k or an officer of the court is ordered to prepare a bill of

costs for inclusion in the supplemental record. See T EX . C ODE C RIM . P ROC . A NN . art. 103.006 (West

2001) (“If a criminal action or proceeding . . . is appealed, an officer of the court shall certi fy and

sign a bill of costs stating the costs that have accrued and send the bill of costs to the court to which

the action . . . is . . . appealed.”).

The supplemental clerk’s record shall be filed in the First Court of Appeals no later than

M a rch 26, 2014

.

It is so ORDERED.

Judge’s signature: /s/ Terry Jennings

 Acting individually  Acting for the Court

Date: March 11, 2014
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DYRELL W. JONES,

Petitioner,

v.

CONTRA COSTA COUNTY SUPERIOR 

COURT,

Respondent.

Case No. 17-cv-00466-VC (PR)

ORDER TO SHOW CAUSE

Re: Dkt. Nos. 8, 12

Petitioner Dyrell W. Jones is a state prisoner currently incarcerated at the Mule Creek 

State Prison. He has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 

§ 2254, challenging his conviction in the Contra County Superior Court. His motions for leave 

to proceed in forma pauperis are granted. ECF Nos. 8, 12. 

It does not appear from the face of the petition that it is clearly without merit. Good 

cause appearing, the Court hereby issues the following orders:

1. The Clerk of the Court shall serve a copy of this Order and the petition and all 

attachments thereto upon Respondent and Respondent’s attorney, the Attorney General of the 

State of California. The Clerk also shall serve a copy of this Order on Johnson at his current 

address. 

2. No later than sixty days from the date of this Order, Respondent shall file with 

this Court and serve upon Jones an Answer conforming in all respects to Rule 5 of the Rules 

Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 

Respondent shall file with the Answer all portions of the state record that have been transcribed 

previously and are relevant to a determination of the issues presented by the petition. If Jones
2

wishes to respond to the Answer, he shall do so by filing a Traverse with the Court and serving it 

on Respondent within thirty days of his receipt of the Answer. If he does not do so, the petition 

will be deemed submitted and ready for decision on the date the Traverse is due.

3. No later than sixty days from the date of this Order, Respondent may file with this

Court and serve upon Jones a motion to dismiss on procedural grounds in lieu of an Answer, as 

set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. 

If Respondent files such a motion, Jones shall file with the Court and serve on Respondent an 

opposition or statement of non-opposition to the motion within thirty days of receipt of the 

motion, and Respondent shall file with the Court and serve on Jones a reply within fourteen days 

of receipt of an opposition.

4. It is Jones’s responsibility to prosecute this case. He must keep the Court 

informed of any change of address by filing a separate paper with the Clerk headed “Notice of 

Change of Address,” and must comply with the Court's orders in a timely fashion. He also must 

serve on Respondent’s counsel all communications with the Court by mailing a true copy of the 

document to Respondent’s counsel. 

5. Extensions of time are not favored, though reasonable extensions will be granted. 

Any motion for an extension of time must be filed no later than three days prior to the deadline 

sought to be extended.

IT IS SO ORDERED.

Dated: May 8, 2017

______________________________________

VINCE CHHABRIA

United States District Judge
[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Page 19948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10009]



-----------------------------------------------------------------------


DEPARTMENT OF HEALTH AND HUMAN SERVICES

Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): Cooperative Agreements for National/Regional 
Minority Organization Human Immunodeficiency Virus/Sexually Transmitted 
Diseases Prevention, Immunization, and Tuberculosis Projects--Program 
Announcement 305b: Amendment of Time and Date

    Federal Register Citation of Previous Announcement 60 FR 13728--
dated March 14, 1995.
    This notice announces an amendment in the time and date of a 
previously announced meeting.
    Previously Announced Time and Date: 8:30 a.m.-4:30 p.m., April 18, 
1995.
    Amendment in Meeting Time and Date: 8:30 a.m.-4:30 p.m., April 18, 
1995. 8:30 a.m.-4:30 p.m., April 19, 1995.

    Dated: April 18, 1995.
Carolyn J. Russell,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention (CDC).
[FR Doc. 95-10009 Filed 4-19-95; 10:14 am]
BILLING CODE 4163-18-M
How

can identify and address

 MISINFORMATION

WE Keep yourself, along

with your family, 

friends, and community

safe by recognizing 

and addressing 

misinformation. 

What do we mean 

by ‘misinformation’? 

It’s information, spread intentionally and 

unintentionally, that is false, inaccurate, or 

misleading according to the best available 

evidence at the time. 

How can I identify misinformation? 

● Check the source. And cross check with reliable sources. 

● Read beyond the headline to get the full context. 

● Understand the intent behind the post. 

Why does misinformation spread so quickly? 

● We want to protect the people we care about. 

● We want to feel connected. 

● We like to feel we have new information that others don’t know. 

● We may be seeking explanations or wanting to share information that helps 

us make sense of events. 

● Misinformation often elicits an emotional response. 

● Misinformation may at first appear truthful when posted out of context.

● Due to these factors, users tend to spread misinformation faster than fact 

on social media. 

● All people, whether experts or not, have equally loud voices on the internet. 
Why is misinformation harmful? 

When people believe, and act on, misinformation the

public’s health suffers. 

What can I do when I hear or see misinformation? 

Help stop misinformation from spreading by doing three things: 

● Identify misinformation. 

● Don’t contribute to the spread of misinformation. 

● Direct people to health information from trusted sources like the FDA and our government 

partners, including usa.gov/health, coronavirus.gov and vaccines.gov. 

How can I effectively talk to friends

and family about misinformation? 

When talking with people make sure you: 

● Listen ● Don’t shame 

● Empathize ● Use inclusive language 

● Point to credible sources 

Consider sharing these points: 

● By its nature, science is designed to evolve. 

● Our recommendations may change, as the science evolves. 

● That doesn’t mean we shouldn’t trust science. A change in science is the result of a 

deeper understanding of a topic. 

● Trust science, it has given us some of humanity’s greatest medical achievements like 

ending smallpox (through vaccination), germ theory (making surgeries much safer), 

and gene therapy (cures certain types of blindness).
[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Notices]
[Page 105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32322]



-----------------------------------------------------------------------


DEPARTMENT OF ENERGY
[FE Docket No. 94-99-NG]


National Fuel Gas Distribution Corporation; Order Granting 
Blanket Authorization To Import and Export Natural Gas From and To 
Canada

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of order.

-----------------------------------------------------------------------

SUMMARY: The Office of Fossil Energy of the Department of Energy gives 
notice that it has issued an order granting National Fuel Gas 
Distribution Corporation authorization to import and export a combined 
total of up to 30.5 Bcf of natural gas from and to Canada. The term of 
this authorization is for a period of two years beginning on the date 
of first import or export after December 15, 1994.
    This order is available for inspection and copying in the Office of 
Fuels Programs docket room, 3F-056, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-9478. The 
docket room is open between the hours of 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays.

    Issued in Washington, DC, December 21, 1994.
Clifford P. Tomaszewski,
Director, Office of Natural Gas, Office of Fuels Programs, Office of 
Fossil Energy.
[FR Doc. 94-32322 Filed 12-30-94; 8:45 am]
BILLING CODE 6450-01-P
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LYNDSAY DAVIDSON, an Individual; et 

al., 

Plaintiffs-Appellants, 

 v. 

COUNTY OF LOS ANGELES, by and 

through The Los Angeles County 

Department of Children and Family 

Services; et al., 

Defendants-Appellees.

No. 19-55645 

D.C. No. 

8:16-cv-01693-AG-JCG 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Andrew J. Guilford, District Judge, Presiding

Submitted May 15, 2020**

Pasadena, California

Before: EBEL,*** WARDLAW, and HUNSAKER, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable David M. Ebel, United States Circuit Judge for the 

U.S. Court of Appeals for the Tenth Circuit, sitting by designation.

FILED

MAY 19 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

Lyndsay Davidson, Brandon Salinas, and their four children sued six 

employees of the Department of Children and Family Services (“the DCFS 

Defendants”) and Los Angeles County under 42 U.S.C. § 1983 for violation of 

their constitutional rights to familial association, arguing that the DCFS 

Defendants made deliberate misrepresentations to the juvenile court during 

dependency proceedings to bolster their case for removal of the children from their 

family home. At summary judgment, the district court found the family failed to 

create a triable issue as to the County’s liability and that the DCFS Defendants 

were entitled to qualified immunity. Plaintiffs appeal as to the DCFS Defendants 

only. As the parties are familiar with the facts, we do not recount them here. We 

have jurisdiction under 28 U.S.C. § 1291. We review de novo, Lojek v. Thomas, 

716 F. 2d 675, 677 (9th Cir. 1983), and we affirm. 

The district court did not err in granting summary judgment on qualified 

immunity grounds. We have held that government officials are not entitled to 

qualified immunity if their conduct violates the clearly established right to be free 

from judicial deception during removal proceedings. See Greene v. Camreta, 588 

F.3d 1011, 1034–35 (9th Cir. 2009), vacated in part on other grounds by Camreta 

v. Greene, 563 U.S. 692, 713–14 (2011). Here, Plaintiffs submitted no evidence to 

support their claims of judicial deception, let alone evidence sufficient to create a 

genuine dispute of material fact. The deposition testimony quoted in Plaintiffs’ 
3 

opposition to summary judgment was never provided to the district court. Even 

putting aside this fatal oversight, the quoted deposition testimony fails to create a 

triable issue that any DCFS Defendant made a deliberately false statement to the 

juvenile court. 

AFFIRMED.
Ann McCAULEY, petitioner, v. GEORGIA, et al.

No. 12-10182.

Supreme Court of the United States

June 10, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
Joseph LOCASCIO, Appellant, v. The WATER'S EDGE CONDOMINIUM, INC., Appellee.

No. 4D18-3795

District Court of Appeal of Florida, Fourth District.

[July 3, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*