alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Angel Ramos, Appellant.

Judgment, Supreme Court, New York County (James J. Leff, J.), rendered November 28, 1983, which convicted defendant of murder in the second degree and sentenced him to a prison term of 25 years to life, unanimously reversed, on the law, and the matter remanded for a new trial.

In this felony murder case, the People candidly concede that the court’s supplemental charge to the jury was inaccurate and requires reversal and a new trial.

The victim was shot and killed after he surprised defendant, *463who was in the process of burglarizing the victim’s apartment. Shortly thereafter, the victim’s wife entered the apartment and struggled with the defendant. The defense theory was that the wife, whose testimony was inconsistent, accidentally fired the fatal shot.

The jury, troubled with the issue of causation, asked the court: "We would like clarification of the point cause the death of in the course of burglary. Does cause of death require that the defendant actually inflict death on the deceased? Or can the defendant be considered to have caused the death by his presence there as a burglar?”

The court replied that "if you believe that the defendant set in motion a chain of circumstances that resulted in the death of [the victim] and you find that the death of [the victim] did not result from any separate unrelated reasons, then the cause of death would be a chain of circumstances that were set in motion by the conduct of the defendant * * * if you find the defendant * * * engaged in conduct which set in motion a chain of circumstances and that chain of circumstances resulted in death, then the elements of the crime have been satisfied if you find beyond a reasonable doubt that that is so.”

The jury, in effect, asked whether it could find defendant guilty without reaching the question of who actually fired the fatal shot. The court’s instruction freed the jury to convict defendant without reaching the critical issue.

An essential element of the felony murder statute is that in furtherance of the designated crime or immediate flight therefrom, the defendant or another participant causes the death of the victim, a person other than one of the participants. (Penal Law § 125.25 [3].) Our courts have long held that the defendant or another participant must actually commit the homicidal act for the defendant to be guilty of felony murder. *(People v Wood,*8 NY2d 48.)

The court’s charge allowed for a finding of guilt without the jury’s deciding this necessary element. Accordingly, the conviction should be reserved and a new trial ordered. Concur— Sullivan, J. P., Carro, Fein, Kassal and Ellerin, JJ.
EXHIBIT 31.2



CERTIFICATION



I, the Chief Financial Officer of PHL Variable Insurance Company (the registrant), certify that:



1.

I have reviewed this Quarterly report on Form 10-Q of the registrant;



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 registrant as of, and for, the periods presented in this report;



4.

The registrant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)) for the registrant 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 registrant, 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)

evaluated the effectiveness of the registrant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



(c)

disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5.

The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrant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 registrant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 registrants internal control over financial reporting.





|Date:  August 14, 2006 |  | /s/ Michael E. Haylon         
|---------------------- |  | ------------------------------
|                       |  | Name:
Michael E. Haylon       
|                       |  | Title:
Chief Financial Officer
Case 1:02-cv-06355 Document 88 Filed 05/22/03 Page 1 of 3
Case 1:02-cv-06355 Document 88 Filed 05/22/03 Page 2 of 3
Case 1:02-cv-06355 Document 88 Filed 05/22/03 Page 3 of 3
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 Optical Cable Corporation (the Company)
on Form 10-K for the year ended October 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 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 and Exchange Act of 1934; and (2) the information contained in the Report fairly
represents, in all material respects, the financial condition and results of operations of the Company as of October 31, 2005, and for the period then ended.



|                                     
|-------------------------------------
|                                     
|/s/    NEIL D. WILKIN,
JR.           
|Neil D. Wilkin, Jr.                  
|Chairman of the Board of Directors,  
|President and Chief Executive Officer



January 30, 2006
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEET AND STATEMENT OF OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FORM 10-K COMMUNICATIONS & POWER INDUSTRIES, INC. FOR YEAR
ENDED OCTOBER 2, 1998.
</LEGEND>
<CIK> 0001000564
<NAME> COMMUNICATIONS & POWER INDUSTRIES, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          OCT-02-1998
<PERIOD-START>                             OCT-04-1997
<PERIOD-END>                               OCT-02-1998
<CASH>                                             448
<SECURITIES>                                         0
<RECEIVABLES>                                   49,484
<ALLOWANCES>                                         0
<INVENTORY>                                     52,923
<CURRENT-ASSETS>                               111,276
<PP&E>                                          78,099
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 229,212
<CURRENT-LIABILITIES>                           65,319
<BONDS>                                        126,298
<PREFERRED-MANDATORY>                           20,683
<PREFERRED>                                          1
<COMMON>                                             0
<OTHER-SE>                                      16,911
<TOTAL-LIABILITY-AND-EQUITY>                   229,212
<SALES>                                        260,688
<TOTAL-REVENUES>                               260,688
<CGS>                                          194,410
<TOTAL-COSTS>                                  194,410
<OTHER-EXPENSES>                                 7,455
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,793
<INCOME-PRETAX>                                  8,927
<INCOME-TAX>                                     3,750
<INCOME-CONTINUING>                              5,177
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,177
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 10.5

Pinnacle Bankshares Corporation

Directors Annual Compensation

As of March 31, 2009



|                                                        |  |        |                
|------------------------------------------------------- |  | ------ | ---------------
|                                                        |  | Amount
|Annual Retainer                                         |  |        |                
|                                                        | 
|Service as Director for the Company                     |  | $      | 2,000          
|Service as Director for the Bank                        |  | $      | 4,000          
|                                                        | 
|Additional Retainer for Chair of Audit Committee        |  | $      | 1,500          
|                                                        | 
|Additional Retainer for Chair of Compensation Committee |  | $      | 1,000          
|                                                        | 
|Meeting Fees (Non-Employee Directors)                   |  |        |                
|                                                        | 
|Committee Meetings for the Company                      |  | $      | 250 per meeting
|Committee Meetings for the Bank                         |  | $      | 250 per meeting
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001031002
<NAME>                        MERRILL LYNCH PREFERRED FUNDING II, L.P.
<MULTIPLIER>                  1
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                              DEC-26-1997
<PERIOD-START>                                 FEB-06-1996
<PERIOD-END>                                   SEP-26-1997
<CASH>                                                   0
<SECURITIES>                                   363,983,091
<RECEIVABLES>                                    7,204,368
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                               371,187,459
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                 371,187,459
<CURRENT-LIABILITIES>                            7,204,368
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                    309,278,400
<COMMON>                                        54,704,691
<OTHER-SE>                                               0
<TOTAL-LIABILITY-AND-EQUITY>                   371,187,459
<SALES>                                                  0
<TOTAL-REVENUES>                                18,857,048
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                 18,857,048
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             18,857,048
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    18,857,048
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        


</TABLE>
S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

D&J REAL ESTATE SERVICES, INC. 

D/B/A RE/MAX PREMIER GROUP AND 

STELLA BITNER, Appellant 

No. 05-13-01670-CV V. 

GREG L. PERKINS AND JESSICA J. 

PERKINS, Appellee 

 On Appeal from the 429th Judicial District 

Court, Collin County, Texas 

Trial Court Cause No. 429-00559-2011. 

Opinion delivered by Justice Bridges. 

Justices Fillmore and Brown participating. 

 In accordance with this Court’s opinion of this date, the judgment of the trial court is 

REVERSED and judgment is RENDERED that: 

Greg L. Perkins and Jessica J. Perkins take nothing on their claims against D&J Real 

Estate Services, Inc. d/b/a Re/Max Premier Group and Stella Bitner. 

It is ordered that appellants D&J Real Estate Services, Inc. d/b/a Re/Max Premier Group 

and Stella Bitner recover their costs of this appeal from appellees Greg L. Perkins and Jessica J. 

Perkins. 

Judgment entered July 2, 2015.
[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Notices]
[Page 40224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15959]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 11472]


Notice of Determinations; Culturally Significant Objects Being 
Imported for Exhibition--Determinations: ``Niki de Saint Phalle in the 
1960s'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that certain objects being imported from abroad 
pursuant to agreements with their foreign owners or custodians for 
temporary display in the exhibition ``Niki de Saint Phalle in the 
1960s'' at The Menil Collection, Houston, Texas, the Museum of 
Contemporary Art San Diego, La Jolla, California, and at possible 
additional exhibitions or venues yet to be determined, are of cultural 
significance, and, further, that their temporary exhibition or display 
within the United States as aforementioned is in the national interest. 
I have ordered that Public Notice of these determinations be published 
in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Chi D. Tran, Program Administrator, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6471; email: <a href="/cdn-cgi/l/email-protection#f4879197809d9b9ac6c0c1cdb48780958091da939b82"><span class="__cf_email__" data-cfemail="0d7e686e796462633f3938344d7e796c7968236a627b">[email protected]</span></a>). The mailing address is U.S. 
Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, 
Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000.

Matthew R. Lussenhop,
Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2021-15959 Filed 7-26-21; 8:45 am]
BILLING CODE 4710-05-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
# Fourth Court of Appeals

San Antonio, Texas

November 21, 2022

No. 04

- 22

- 00753

- CV

IN RE JUNIPER VENTURES OF TEXAS, LLC

Original Mandamus Proceeding 1

ORDER

Sitting: Patricia O. Alvarez , Justice

Irene Rios , Justice

Liza A. Rodriguez , Justice 2

On November 7, 2022

, relator filed a petition for writ of mandamus

. This court believes a

seri ous question concerning the mandamus relief sought requires further consideration. See T EX

. R. A PP

. P. 52.8(b). R espondent and real part y in interest may file a response to the petition in this

court no later than December 6, 2022

. Any such response must conform to Texas Rule of

Appellate Procedure 52.4

.

It is so ORDERED on November 21, 2022

.

PER CURIAM

ATTESTED TO: _____________________________

Michael A. Cruz

, Clerk of C ourt

1 This proceeding arises out of Cause No. 2021CI17726 , styled Josefa Jara Delgadillo vs. Juniper Ventures of

Texas, LLC d/b/a Fischer's Neighborhood Market #21 , pending in the 288th Judicial District Court

, Bexar County,

Texas, the Honorable Cynthia Marie Ch apa presiding.

2 Justice Rodriguez did not participate in this order.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 945 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 945

 To save at least $5,000,000,000 by consolidating some duplicative and 
                    overlapping Government programs.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2011

Mr. Coburn (for himself and Mr. Warner) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To save at least $5,000,000,000 by consolidating some duplicative and 
                    overlapping Government programs.

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

SECTION 1. CONSOLIDATING UNNECESSARY DUPLICATIVE AND OVERLAPPING 
              GOVERNMENT PROGRAMS.

    Notwithstanding any other provision of law, not later than 150 days 
after the date of enactment of this Act, the Director of the Office of 
Management and Budget shall coordinate with the heads of the relevant 
department and agencies to--
            (1) use available administrative authority to eliminate, 
        consolidate, or streamline Government programs and agencies 
        with duplicative and overlapping missions identified in the 
        March 2011 Government Accountability Office report to Congress, 
        entitled ``Opportunities to Reduce Potential Duplication in 
        Government Programs, Save Tax Dollars, and Enhance Revenue'' 
        (GAO-11-318SP) and apply the savings towards deficit reduction;
            (2) identify and report to Congress any legislative changes 
        required to further eliminate, consolidate, or streamline 
        Government programs and agencies with duplicative and 
        overlapping missions identified in the March 2011 Government 
        Accountability Office report to Congress, entitled 
        ``Opportunities to Reduce Potential Duplication in Government 
        Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-
        318SP);
            (3) determine the total cost savings that shall result to 
        each agency, office, and department from the actions described 
        in paragraph (1); and
            (4) rescind from the appropriate accounts the amount 
        greater of--
                    (A) $5,000,000,000; or
                    (B) the total amount of cost savings estimated by 
                paragraph (3).
                                 <all>
```
EXHIBIT 10.5

Pinnacle Bankshares Corporation

Directors Annual Compensation

As of March 31, 2007



|                                      |  |        |                
|------------------------------------- |  | ------ | ---------------
|Annual Retainer                       |  | Amount
|Service as Director for the Company   |  | $      | 2,000          
|Service as Director for the Bank      |  | $      | 4,000          
|                                      | 
|Meeting Fees (Non-Employee Directors) |  |       
|Committee Meetings for the Company    |  | $      | 250 per meeting
|Committee Meetings for the Bank       |  | $      | 250 per meeting
III 

112TH CONGRESS 

1ST SESSION S. RES. 342 

Honoring the life and legacy of Laura Polla ́n. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2011 

Mr. RUBIO submitted the following resolution; which was referred to the 

Committee on Foreign Relations 

RESOLUTION 

Honoring the life and legacy of Laura Polla ́n. 

Whereas Laura Polla ́n founded the Ladies in White (Damas 

de Blanco) movement to protest the mass arrest of peaceful dissidents in Cuba; 

Whereas the Ladies in White is composed of wives and female relatives of imprisoned political prisoners, prisoners 

of conscience, and peaceful dissidents in Cuba; 

Whereas every Sunday, Laura Polla ́n led the Ladies in White 

on peaceful marches to attend Mass; 

Whereas Laura Polla ́n was often subjected to physical and 

verbal assaults during her weekly peaceful marches; 

Wheras Laura Polla ́n brought international attention to the 

human- and civil-rights abuses in Cuba; and 


tjames on DSK6SPTVN1PROD with BILLS
2 

•SRES 342 IS 

Whereas Laura Polla ́n passed away on October 14, 2011: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes and honors Laura Polla ́n for her 

3 peaceful struggle to bring human rights and democ4 racy to Cuba; 

5 (2) honors the bravery of Laura Polla ́n and her 

6 dedication to human and civil rights in Cuba; 

7 (3) offers heartfelt condolences to the family, 

8 friends, and loved ones of Laura Polla ́n; and 

9 (4) expresses hope that in memory of Laura 

10 Polla ́n, peaceful dissidents in Cuba will no longer be 

11 incarcerated or subjected to human-rights abuses. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
#### The People of the State of New York, Respondent, v Marvin B., Appellant.

Judgment, Supreme Court, New York County (Benjamin Altman, J.), rendered January 12, 1983, which convicted defendant, after a jury verdict, of the crime of robbery in the third degree (Penal Law § 160.05), and imposed a sentence of five years’ probation, is unanimously modified, as a matter of discretion, in the interest of justice, only to the extent of adjudicating the defendant a youthful offender, and otherwise affirmed.

From our examination of the probation report, we find that this defendant lias had no prior conflicts with the law, has a good employment record, and has passed the test for the United States Marine Corps and desires to enter that branch of the Armed Forces. We note that the sentencing court recognized the defendant’s potential for rehabilitation by granting him a certificate of relief from disabilities (Correction Law § 701). Based upon these factors, we conclude that the defendant possesses the ability to become a productive and law-abiding member of society and, therefore, we adjudicate him a youthful offender. Concur — Kupferman, J. P., Ross, Carro and Bloom, JJ.