alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion filed November 21, 2019

In The

Eleventh Court of Appeals 

__________

No. 11-17-00332-CR

__________

EX PARTE BRANDON JOSEPH ADAMS

On Appeal from the 42nd District Court

Taylor County, Texas

Trial Court Cause No. 26,815-A

M E M O R A N D U M O P I N I O N O N R E M A N D

This is an appeal from the denial of a pretrial application for writ of habeas 

corpus. Brandon Joseph Adams was indicted for the offense of aggravated assault

of Joe Jeremy Romero. Adams filed an application for writ of habeas corpus in this 

case based upon a jury’s acquittal of Adams for the offense of aggravated assault in 

a companion case in which Joe’s brother, Justin Paul Romero, was the complainant. 

Adams sought to have the indictment related to the alleged offense against Joe

dismissed on double jeopardy grounds based on the doctrine of collateral estoppel. 

The trial court held a hearing and denied the relief requested by Adams. We affirm.
2

On original submission, this court reversed the trial court and remanded the 

cause with instructions for the trial court to grant habeas relief. See Ex parte Adams, 

582 S.W.3d 368 (Tex. App.—Eastland 2018), rev’d, No. PD-0711-18, 2019 WL 

5057265 (Tex. Crim. App. Oct. 9, 2019). The State filed a petition for discretionary 

review, and the Texas Court of Criminal Appeals has recently issued an opinion and 

mandate in which it reversed this court’s June 14, 2018 judgment and remanded the 

cause to this court for proceedings consistent with the opinion of the Court of 

Criminal Appeals. See Ex parte Adams, No. PD-0711-18, 2019 WL 5057265 (Tex. 

Crim. App. Oct. 9, 2019). 

In its opinion, the Court of Criminal Appeals concluded that “the jury’s ‘Not 

Guilty’ verdict acquitting [Adams] of aggravated assault against Justin Romero was 

not a final jury determination that [Adams] was justified in using force against Joe 

Romero to defend [Luke] Hisey” and, thus, that collateral estoppel “does not apply.” 

2019 WL 5057265, at *7. Because Adams asserted only one issue on appeal and 

because the Court of Criminal Appeals resolved that issue against Adams, we now, 

in accordance with the opinion of the Court of Criminal Appeals, overrule Adams’s 

sole issue on appeal and affirm the order of the trial court. See TEX. R. APP. P. 31.5. 

The cause is remanded to the trial court for further proceedings. 

PER CURIAM

November 21, 2019

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Bailey, C.J., 

Stretcher, J., and Wright, S.C.J.1

Willson, J., not participating. 

 

1

Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, 

sitting by assignment.
|   | • | fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|---------|------------------------------------------------------------------------------------------------------------|

|   | • | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|---------|------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   |   | /s/ James Traicoff                                                  |
|--------|--------|--------|---------------------------------------------------------------------|
|   |   |   |                                                                |
|   |   | Name:  | James Traicoff                                                      |
|   |   | Title: | Treasurer and Chief Financial Officer (Principal Financial Officer) |
|   |   | Date:  | July 18, 2011                                                       |

----
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000

<S>                             <C>
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<PERIOD-END>                               JUN-30-1999
<CASH>                                            9096
<INT-BEARING-DEPOSITS>                             857
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
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<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                            274065
<LOANS>                                         346648
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<INTEREST-TOTAL>                                 22692
<INTEREST-DEPOSIT>                                7058
<INTEREST-EXPENSE>                               12326
<INTEREST-INCOME-NET>                            10366
<LOAN-LOSSES>                                      900
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<ALLOWANCE-CLOSE>                                 3568
<ALLOWANCE-DOMESTIC>                              2507
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                           1061


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                               0
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<ALLOWANCES>                                         0
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<PP&E>                                        19928334
<DEPRECIATION>                                   38888
<TOTAL-ASSETS>                                20070269
<CURRENT-LIABILITIES>                         13497624
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     600000
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<OTHER-SE>                                           0
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<SALES>                                              0
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<CGS>                                                0
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<OTHER-EXPENSES>                                 54560
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<INTEREST-EXPENSE>                               54560
<INCOME-PRETAX>                               (570361)
<INCOME-TAX>                                         0
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<DISCONTINUED>                                       0
<EXTRAORDINARY>                                2356929
<CHANGES>                                            0
<NET-INCOME>                                   1785568
<EPS-BASIC>                                      .03
<EPS-DILUTED>                                      .03


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998       
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                       1,666,768
<SECURITIES>                                    87,750
<RECEIVABLES>                                5,168,482
<ALLOWANCES>                                         0
<INVENTORY>                                  2,834,518
<CURRENT-ASSETS>                            13,454,169
<PP&E>                                       6,582,451
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              30,479,371
<CURRENT-LIABILITIES>                       22,877,110
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       230,874
<OTHER-SE>                                   7,371,387
<TOTAL-LIABILITY-AND-EQUITY>                30,479,371
<SALES>                                     10,491,175
<TOTAL-REVENUES>                            10,491,175
<CGS>                                        8,812,455
<TOTAL-COSTS>                                8,812,455
<OTHER-EXPENSES>                             2,244,735
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             550,612
<INCOME-PRETAX>                              (629,817)
<INCOME-TAX>                                   357,200
<INCOME-CONTINUING>                          (987,017)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              4,871,040
<CHANGES>                                            0
<NET-INCOME>                                 3,884,023
<EPS-PRIMARY>                                     0.70
<EPS-DILUTED>                                     0.70
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Angeles
Income Properties, Ltd. II 1999 First Quarter 10-QSB and is qualified in its
entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK> 0000711642
<NAME> ANGELES INCOME PROPERTIES, LTD. II
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           2,610
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          36,806
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<TOTAL-ASSETS>                                  15,753
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         17,947
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     (2,991)
<TOTAL-LIABILITY-AND-EQUITY>                    15,753
<SALES>                                              0
<TOTAL-REVENUES>                                 1,904
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 1,639
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 357
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       665
<EPS-PRIMARY>                                     6.59<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        

</TABLE>
#### DOES v. CROSSTOWN ST. RY. CO. et al.

(Supreme Court, Appellate Division, Fourth Department.

November 13, 1907.)

Action by John J. Does, an infant, etc., against the Crosstown Street Railway Company and ¡another. 1

PER CURIAM.

That part of the order granting a new trial to the defendant railway company is affirmed, with costs to the railway company against the plaintiff to abide the event. The judgment against the defendant, Rudolph, and that part of the order denying his motion *1123for a new trial, are reversed, and a new trial ordered, with costs to the defendant Rudolph against the plaintiff to abide the event, upon the authority of Bamberg v. International Railway Company et al., 105 N. Y. Supp. 621.
EXHIBIT
      23.1




**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**




We
      consent to the incorporation by reference in Registration Statements (Nos.
      333-139277, 333-134726 and 333-125210) on Form S-8 of InfoSearch Media, Inc.
      of
      our report dated April 11, 2008, relating to our audit of the consolidated
      financial statements, which appears in this Annual Report on Form 10-KSB of
      InfoSearch Media, Inc. for the year ended December 31, 2007.




/s/
      Rose, Snyder & Jacobs


Rose,
      Snyder & Jacobs


A
      Corporation of Ceritified Public Accountants




Encino,
      California




April
      11,
      2008
EX-10.6(H)



 EXHIBIT 10.6(h) 

FIRST AMENDMENT TO 
 EMPLOYMENT AGREEMENT 
 This First Amendment to Employment
Agreement (the “First Amendment”) is made and entered into as of November 12, 2014 (the “Effective Date”) by and between Cinemark Holdings, Inc., a Delaware Corporation (the “Company”) and Lee Roy Mitchell (the
“Executive”). 
 WITNESSETH: 
 WHEREAS, the Company and the Executive are parties to that certain Employment Agreement dated December 15, 2008 (the “Original Agreement”); and WHEREAS, the Company and the Executive desire
to amend the Original Agreement in accordance with the terms contained in this First Amendment. 
 NOW
THEREFORE, in consideration of the mutual promises and covenants set further herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 

1.     Deletion of Section 1.4.     Section 1.4 of the Original
Agreement is hereby deleted in its entirety and shall be [RESERVED]. 
 2.    
Ratification.     The Company and Executive hereby agree that except as expressly modified or amended herein, the terms, conditions and covenants of the Original Agreement are hereby ratified and confirmed and shall remain
in full force and effect. To the extent there is any conflict between the terms and provisions of the Original Agreement and this First Amendment, the Company and Executive agree that this First Amendment shall control. 

IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day and year first above written. 

 

			
	COMPANY:
	
	CINEMARK HOLDINGS, INC.
		
	By:	 	 /s/ Tim Warner

	Name:	 	Tim Warner
	Title:	 	Chief Executive Officer
	
	EXECUTIVE:
	
	 /s/ Lee Roy Mitchell

	Lee Roy Mitchell
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          APR-30-1996
<PERIOD-START>                             MAY-01-1996
<PERIOD-END>                               JAN-31-1996
<CASH>                                           2,157
<SECURITIES>                                         0
<RECEIVABLES>                                   34,275
<ALLOWANCES>                                     1,194
<INVENTORY>                                     35,198
<CURRENT-ASSETS>                                78,812
<PP&E>                                          55,519
<DEPRECIATION>                                  29,967
<TOTAL-ASSETS>                                 122,914
<CURRENT-LIABILITIES>                           26,562
<BONDS>                                              0
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<SALES>                                         82,079
<TOTAL-REVENUES>                               104,276
<CGS>                                           48,564
<TOTAL-COSTS>                                   95,858
<OTHER-EXPENSES>                                 (505)
<LOSS-PROVISION>                                    44
<INTEREST-EXPENSE>                               2,590
<INCOME-PRETAX>                                  6,333
<INCOME-TAX>                                     1,316
<INCOME-CONTINUING>                              5,017
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,017
<EPS-PRIMARY>                                      .33
<EPS-DILUTED>                                      .33
        

</TABLE>
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

RICHARD G. ENGLISH, )

a/k/a RICHARD GOLEN ENGLISH, )

)

Appellant, )

)

v. ) Case No. 2D19-760

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed September 18, 2020. 

Appeal from the Circuit Court for 

Hillsborough County; Christopher C. Nash, 

Judge.

Howard L. Dimmig, II, Public Defender, and 

Clark E. Green, Assistant Public Defender, 

Bartow, for Appellant.

Ashley Moody, Attorney General, 

Tallahassee, for Appellee.

PER CURIAM.

Affirmed. 

VILLANTI, LaROSE, and MORRIS, JJ., Concur.
[No. 37864-3-I.

Division One.

August 18, 1997.]

#### The State of Washington, *Respondent,*v. Jeffrey D. Garner, *Appellant.*

Appeal from a judgment of the Superior Court for What-com County, No. 95-1-00356-0, Michael F. Moynihan, J., entered November 20, 1995. *Reversed*by unpublished per curiam opinion.
J-S19005-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

JERRY TAYLOR

Appellant No. 394 EDA 2014

Appeal from the Order dated January 27, 2014

In the Court of Common Pleas of Philadelphia County

Criminal Division at No: CP-51-CR-0004655-2013

BEFORE: STABILE, JENKINS, and MUSMANNO, JJ.

JUDGMENT ORDER BY STABILE, J.: FILED NOVEMBER 12, 2015

This case returns to us following our decision to remand to the Court 

of Common Pleas of Philadelphia County (“trial court”) for issuance of a 

supplemental opinion detailing the trial court’s compliance with Pa.R.Crim.P. 

587(B). Briefly, we remanded the case to the trial court because we were 

unable to determine, based on the trial court’s noncompliance with Rule 

587(B), whether we could exercise jurisdiction under Pa.R.A.P. 313 (relating 

to collateral orders) over Appellant’s appeal from an order of the trial court 

denying his pretrial motion to dismiss on double jeopardy grounds. See 

Commonwealth v. Taylor, 120 A.3d 1017, 1021 (Pa. Super. 2015) 

(citation omitted). We explained in Taylor that an order denying a double 

jeopardy motion is appealable as a collateral order so long as the motion is 

not found to be frivolous by the lower court. Id. at 1021-22. The 
J-S19005-15

- 2 -

requirement that a lower court render a specific finding on frivolousness in 

the event the court denies a double jeopardy motion to dismiss is now 

expressly mandated under Rule 587(B). 

Instantly, consistent with our opinion and in compliance with Rule 

587(B), the trial court found in its supplemental opinion that it denied 

Appellant’s pretrial motion to dismiss on double jeopardy grounds because it 

found the motion to be “frivolous and without merit.” Trial Court Opinion, 

10/9/15, at 5, ¶ 15. Given the trial court’s finding on frivolousness, we now 

conclude that the trial court’s order denying the double jeopardy motion 

does not qualify as a collateral order under Rule 313. Accordingly, we must 

quash this appeal for want of jurisdiction.

Appeal quashed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/12/2015
Exhibit 23.1

|                                         
|-----------------------------------------
|Huddleston & Co., Inc                    
|Petroleum and Geological Engineers       
|1 HOUSTON CENTER                         
|1221 MCKINNEY, SUITE 77010               
|HOUSTON, TEXAS 77010                     
|                                         
|                                         
|PHONE (713) 209-1100  FAX (713) 752-0828
|                                         
|May 28, 2010                             

Daybreak Oil
and Gas, Inc.
601 W. Main Ave.
Suite 1012
Spokane, WA 99201

| |     |                                    
| | --- | -----------------------------------
| | Re: | Securities
 and Exchange Commission
| |     | Form 10-K                          
| |     | Consent of
 Independent Engineer   

Ladies and
Gentlemen:

We hereby consent to the use of the name Huddleston & Co., Inc., to
references to Huddleston & Co., Inc. an independent engineering firm, and
to the inclusion of information contained in our reports as of March 1, 2010,
in the Annual Report on Form 10-K on May 28, 2010.

| |                         |                             | 
| | ----------------------- | --------------------------- | 
| | Very truly
 yours,     
| | HUDDLESTON
 & CO., INC.
| | By:                     | /s/ GREGORY
 S. FLOYD, P.E. | 
| |                         |                             | 
| | Name:                   | Gregory S.
 Floyd, P.E.    
| | Title:                  | Vice
 President            
| |                         |                            

---