alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

August 9, 2022

No. 04-22-00258-CR

EX PARTE Luis Miguel RAMIREZ PEREZ,

From the County Court, Kinney County, Texas

Trial Court No. 10366CR

Honorable Roland Andrade, Judge Presiding

O R D E R

In this habeas corpus appeal, the State filed a motion for extension of time to file its brief 

until August 5, 2022. On August 5, 2022, the State filed its brief. On August 8, 2022, the State 

filed an amended brief. The State’s brief is accepted as timely.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 9th day of August, 2022.

___________________________________

MICHAEL A. CRUZ, Clerk of Court
#### The People of the State of New York, Respondent, v Jamel James, Appellant.

— Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed, and defendant remanded to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: At defendant’s sentencing, the prosecutor filed a second felony offender statement alleging that defendant was previously convicted when he was 16 years of age of second degree robbery and third degree grand larceny for a purse snatching. Defendant controverted the validity of that conviction by alleging that his prior felony conviction was unconstitutional because he was denied effective assistance of counsel based upon his attorney’s failure to request that he be adjudicated a youthful offender. The sentencing court must hold a hearing if a defendant controverts any allegation in the *1096prosecutor’s second felony offender’s statement (CPL 400.21 [5]). A conviction obtained in violation of defendant’s constitutional rights cannot be considered a predicate felony for sentencing purposes *(People v Lee,*97 AD2d 946; *People v Edmond,*84 AD2d 938). Although defendant has no constitutional right to receive youthful treatment he does have a statutory right to a hearing when he has challenged the constitutionality of the predicate felony conviction (CPL 400.21 [7] [b]; *People v Barrows,*65 AD2d 625; *People v Fraser,*54 AD2d 965). The trial court’s refusal to conduct a hearing before sentencing defendant as a second felony offender was error and prevented the unique circumstances of defendant’s prior representation from being explored *(see, People v Baldi,*54 NY2d 137,146). (Appeal from judgment of Supreme Court, Monroe County, Galloway, J. — burglary, third degree, and petit larceny.) Present — Callahan, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.
I 

109TH CONGRESS 

1ST SESSION H. R. 2271 

To suspend temporarily the duty on Desmodur IL. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2005 

Mr. ENGLISH of Pennsylvania introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Desmodur IL. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DESMODUR IL. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.09.03 Polyisocyanate based on toluene diisocyanate (TDI) and 

hexamethylene diisocyanate 

(HDI) (CAS No. 63368–95- 

6), dissolved in n-butyl acetate (provided for in subheading 3911.90.45) ............ Free No change No change On or before 

12/31/2008 ’’. 
2 

•HR 2271 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ
Exhibit 31.1

Certification

I, James F.
Westmoreland, certify that:

| |     |                                                                                                                                                                                                                                                                                                               
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) | I have
 reviewed this Annual Report on Form 10-K/A of Daybreak Oil and Gas, Inc.                                                                                                                                                                                                                              
| |     |                                                                                                                                                                                                                                                                                                               
| | (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;

|                                                                                                                                                    | 
|--------------------------------------------------------------------------------------------------------------------------------------------------- | 
|Date: June
 27, 2011                                                                                                                                | 
|                                                                                                                                                    | 
|By /s/ JAMES
 F. WESTMORELAND                                                                                                                       | 
|                                                                                                                                                    | 
|James F.
 Westmoreland, President, Chief Executive Officer                                                                                         
|and interim principal
 finance and accounting officer (Principal
 Executive Officer, Principal Financial Officer and Principal Accounting
 Officer)

---
[No. 16023-8-III.

Division Three.

August 26, 1997.]

#### The State of Washington, *Respondent,*v. Tyrone Russell Kinzer, *Appellant.*

Appeal from a judgment of the Superior Court for Walla Walla County, No. 96-1-00100-4, Yancey Reser, J., entered August 12, 1996. *Affirmed*by unpublished opinion per Kurtz, J., concurred in by Schultheis, A.C.J., and Hahn, J. Pro Tern.
# L_2008056EN.01006301.xml

| 29.2.2008 | EN | Official Journal of the European Union | L 56/63 |
| --- | --- | --- | --- |

29.2.2008

EN

Official Journal of the European Union

L 56/63

---

POLITICAL AND SECURITY COMMITTEE DECISION EUSEC/1/2008

of 12 February 2008

on the appointment of the Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)

(2008/171/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 25(3) thereof,

Having regard to Council Joint Action 2007/406/CFSP of 12 June 2007 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (1), and in particular Article 8 thereof,

Whereas:

| (1) | Pursuant to Article 8 of Joint Action 2007/406/CFSP the Council authorised the Political and Security Committee (PSC) to take subsequent decisions regarding the appointment of the Head of Mission. |
| --- | --- |

(1)

Pursuant to Article 8 of Joint Action 2007/406/CFSP the Council authorised the Political and Security Committee (PSC) to take subsequent decisions regarding the appointment of the Head of Mission.

| (2) | By virtue of Article 5 of Joint Action 2007/406/CFSP, Pierre Michel JOANA was appointed Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo. |
| --- | --- |

(2)

By virtue of Article 5 of Joint Action 2007/406/CFSP, Pierre Michel JOANA was appointed Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo.

| (3) | On 19 December 2007 Pierre Michel JOANA presented his resignation as Head of Mission. |
| --- | --- |

(3)

On 19 December 2007 Pierre Michel JOANA presented his resignation as Head of Mission.

| (4) | The Secretary General/High Representative has proposed the appointment of Michel SIDO as the new Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo, |
| --- | --- |

(4)

The Secretary General/High Representative has proposed the appointment of Michel SIDO as the new Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo,

HAS DECIDED AS FOLLOWS:

Article 1

Michel SIDO is hereby appointed Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo.

Article 2

This Decision shall take effect on 1 March 2008.

Done at Brussels, 12 February 2008.

For the Political and Security Committee

The Chairperson

M. IPAVIC

---

(1)  
  OJ L 151, 13.6.2007, p. 52.

1

---
# L_2008180EN.01002201.xml

| 9.7.2008 | EN | Official Journal of the European Union | L 180/22 |
| --- | --- | --- | --- |

9.7.2008

EN

Official Journal of the European Union

L 180/22

---

Corrigendum to Political and Security Committee Decision CHAD/3/2008 (2008/412/CFSP) of 28 May 2008 amending Political and Security Committee Decision CHAD/1/2008 on the acceptance of third States' contributions to the European Union military operation in the Republic of Chad and in the Central African Republic and Political and Security Committee Decision CHAD/2/2008 on the setting-up of the Committee of Contributors for the European Union military operation in the Republic of Chad and in the Central African Republic

(
  Official Journal of the European Union L 144 of 4 June 2008
  )

In the contents on the first page of the cover, in the title on page 82 and in the closing formula on page 83:

for:

‘
  28 May 2008
  ’,

read:

‘
  14 May 2008
  ’.

---
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 Annual Report of MarkWest Energy Partners, L.P. (the "Partnership"), on Form 10-K for
the period ending December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Frank M. Semple, Chief Executive Officer of the General Partner
of the Partnership, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



|                    |  |     |  |                                                                                                                  
|------------------- |  | --- |  | -----------------------------------------------------------------------------------------------------------------
|
|Date: March 2, 2009 |  | By: |  | /s/ FRANK M. SEMPLE Frank M. Semple Chairman, President and Chief Executive Officer
(Principal Executive Officer)

This
certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document. This
certification shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to liability under that
section. This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act except to the extent this Exhibit 32.1 is expressly and specifically incorporated by reference in any such filing.

A
signed original of this written statement required by Section 906 has been provided to the Partnership and will be retained by the Partnership and furnished to the Securities
and Exchange Commission or its staff upon request.

---



QuickLinks
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO 18 U.S.C. 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Anthony Taylor, President and Chief Executive Officer of Montpelier Re Holdings Ltd (the
Company), to the extent 18 U.S.C. 1350 is applicable, hereby certify, to the best of my
knowledge, that the Companys Annual Report on Form 10-K for the year ended December 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the Report) fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m or 78o(d)) and that the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company. By:
    
    /s/ ANTHONY TAYLORName: Anthony TaylorTitle: Chairman, President and Chief Executive Officer
 Date: March 4, 2005 I, Kernan Oberting, Chief Financial Officer of Montpelier Re Holdings Ltd. (the Company), to the
extent 18 U.S.C. 1350 is applicable, hereby certify, to the best of my knowledge, that the
Companys Annual Report on Form 10-K for the year ended December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report) fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
78o(d)) and that the information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company. By:
    
    /s/ KERNAN V. OBERTINGName: Kernan V. ObertingTitle: Chief Financial Officer
 Date: March 4, 2005
|   | 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 results of operations of the      Registrant. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  |              5-6-09 |   | /s/      G. Anthony Busseni                    |
|--------|--------------------------------------------------------|--------|------------------------------------------------|
|   |                                                   |   | G.      Anthony Busseni,                       |
|   |                                                   |   | President      and CEO                         |
|   |                                                   |   |                                           |
| Date:  |             5-6-09       |   | /s/      Doug Carpenter                        |
|   |                                                   |   | C.      Douglas Carpenter,                     |
|   |                                                   |   | Senior      Vice President, Secretary, and CFO |

----
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<p>OPINION n O-7526 WAS NEVER ISSUED OR 
</p>
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#### Janet Kilmer, Respondent, v Raymond J. Kilmer, Sr., Appellant.

Casey, J.

Appeal from an order of the Family Court of Columbia County (Zittell, J.), entered June 5, 1984, which granted plaintiff an order of protection.

The order on appeal here by defendant requires him to remain away from the former marital residence of the parties. The order was entered after a hearing in which it was found that defendant was harassing plaintiff. That finding is supported by sufficient evidence and should, therefore, be affirmed. The chief contention on this appeal seems to be that defendant, as a tenant by the entirety of the property, has a right to be there and that, considering his emphysema and bronchitis condition, he has no other place to go.

Contrary to this contention, defendant’s right to possession is no stronger than plaintiff’s and is dependent on his conduct, which has been found to be annoying and molesting in regard to her. A divorce action is pending between the parties, in which their respective rights in and to the property may be determined. At present, the order of protection issued in favor of plaintiff should be affirmed.

Order affirmed, without costs. Mahoney, P. J., Casey, Mikoll and Yesawich, Jr., JJ., concur.
# C_2008230EN.01000201.xml

| 9.9.2008 | EN | Official Journal of the European Union | C 230/2 |
| --- | --- | --- | --- |

9.9.2008

EN

Official Journal of the European Union

C 230/2

---

Non-opposition to a notified concentration

(Case COMP/M.5204 — Vion/Grampian)

(Text with EEA relevance)

(2008/C 230/03)

On 31 July 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32008M5204. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5204. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
# C_2008019EN.01000201.xml

| 25.1.2008 | EN | Official Journal of the European Union | C 19/2 |
| --- | --- | --- | --- |

25.1.2008

EN

Official Journal of the European Union

C 19/2

---

COUNCIL DECISION

COUNCIL DECISION

of 21 January 2008

appointing the Irish member of the Governing Board of the European Centre for the Development of Vocational Training

(2008/C 19/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

1

Having regard to the nomination submitted by the Irish Government,

Whereas:

| (1) | By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009. |
| --- | --- |

(1)

By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

2

| (2) | A member's seat on the Governing Board of the Centre in the category of Employers' representatives has become vacant as a result of the resignation of Ms Jenny HAYES. |
| --- | --- |

(2)

A member's seat on the Governing Board of the Centre in the category of Employers' representatives has become vacant as a result of the resignation of Ms Jenny HAYES.

| (3) | The Irish member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009, |
| --- | --- |

(3)

The Irish member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

I.   EMPLOYERS' REPRESENTATIVE

Ireland: Mr Tony DONOHOE

Done at Brussels, 21 January 2008.

For the Council

The President

I. JARC

---

(1)  OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

1

(2)  OJ C 240, 5.10.2006, p. 1.

2

---