alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 In The



### Court of Appeals

Ninth District of Texas at Beaumont

________________

NO. 09

- 14

- 00248

- CR

________________

ERNEST VARRIEN BURNS JR. , Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________
On Appeal from the 252nd District Court Jefferson County, Texas
Trial Cause No. 11

- 11968

__________________________________________________________________

MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Ernest Varrien Burns Jr. 1

pleaded guilty to aggravated robbery. The trial court found the evidence sufficient

to find Burns guilty, but deferred further proceedings, placed Burns on commun ity

supervision for seven years, and assessed a fine of $500. The State subsequently

filed a motion to revoke Burns’s unadjudicated community supervision. Burns

1 The trial court’s judgment indicates that Burns is also known as “Pinto” and “Ernest Varrien Burns[.]”2 pleaded “true” to three violations of the conditions of his community supervision.

The trial court found that Burns violated the conditions of his community

supervision, found Burns guilty of aggravated robbery, and assessed punishment at

ten years of confinement.

Burns’s appellate counsel filed a brief that presents counsel’s professi onal

evaluation of the record and concludes the appeal is frivolous. See Anders v.

California , 386 U.S. 738 (1967); High v. State , 573 S.W.2d 807 (Tex. Crim. App.

1978). On July 28, 2014, we granted an extension of time for Burns to file a pro se

brief. We received no response from Burns. We reviewed the appellate record, and

we agree with counsel’s conclusion that no arguable issues support an appeal.

Therefore, we find it unnecessary to order appointment of new counsel to re

- brief

the appeal. Compare Staf ford v. State , 813 S.W.2d 503, 511 (Tex. Crim. App.

1991). We affirm the trial court’s judgment. 2

AFFIRMED.

_________________________ STEVE McKEITHEN
Chief Justice

2 Burns may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.3 Submitted on November 3 , 2014 Opinion Delivered December 10, 2014
Do Not Publish

Before McKeithen, C.J., Kreger and Horton , JJ

.
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ARS Home Midwest Area Peoria, Illinois National Center for Agricultural Utilization Research Crop Bioprotection Research People







David A Lee    Biological Science Lab Technician /ARSUserFiles/3286/IMG_6913.jpg
 **CONTACT** Phone: (309) 681-6242 Fax: (309) 681-6693 Room: 2300  USDA ARS NCAUR 1815 N University Peoria, IL 61604
 **LAB MEMBERS:** Currently working under Dr. Patrick F. Dowd Publications(Clicking on the reprint iconReprint Icon  will take you to the publication reprint.)CLONING, EXPRESSION, AND SEQUENCING OF AN ARABINOFURANOSIDASE GENE FROM    THE RUMINAL ANAEROBE BUTYRIVIBRIO FIBRISOLVENS H17C-(Abstract Only)


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#### The People of the State of New York, Respondent, v Khallin D. Bigby, Also Known as Ko, Also Known as Cali, Appellant.

[945 NYS2d 900]

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J), rendered September 7, 2010. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and *1430as modified the judgment is affirmed, and the matter is remitted to Cayuga County Court for resentencing.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), defendant contends that County Court erred in sentencing him in the absence of defense counsel. As the People correctly concede, defendant is correct. “Sentencing is a critical stage of a criminal proceeding which implicates the right to counsel” *(People v Harris,*79 NY2d 909, 910 [1992]). Although defendant failed to appear at sentencing, he did not, by virtue of his absence alone, waive his right to counsel at sentencing *(see Matter of Root v Kapelman,*67 AD2d 131, 137-138 [1979], *lv denied*47 NY2d 706 [1979]; *see also People v Aiken,*45 NY2d 394, 397-398 [1978]). We therefore modify the judgment by vacating the sentence, and we remit the matter to County Court for resentencing *(see People v Read,*134 AD2d 462, 463 [1987]). In light of our decision, we do not address defendant’s challenge to the severity of the sentence. Present — Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS RESTATED FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM THE FINANCIAL STATEMENTS OF BLOUNT INTERNATIONAL, INC. FOR THE 
PERIOD ENDED JUNE 30, 1996, AS SET FORTH IN ITS FORM 10-Q FOR SUCH PERIOD
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                          24,754
<SECURITIES>                                         0
<RECEIVABLES>                                  123,227
<ALLOWANCES>                                     3,740
<INVENTORY>                                     90,915
<CURRENT-ASSETS>                               261,909
<PP&E>                                         292,862
<DEPRECIATION>                                 164,542
<TOTAL-ASSETS>                                 514,284
<CURRENT-LIABILITIES>                          105,002
<BONDS>                                         95,791
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           192
<OTHER-SE>                                     266,530
<TOTAL-LIABILITY-AND-EQUITY>                   514,284
<SALES>                                        315,299
<TOTAL-REVENUES>                               315,299
<CGS>                                          207,946
<TOTAL-COSTS>                                  207,946
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,417
<INCOME-PRETAX>                                 38,765
<INCOME-TAX>                                    14,731
<INCOME-CONTINUING>                             24,034
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    24,034
<EPS-PRIMARY>                                     0.63
<EPS-DILUTED>                                     0.62
        
<PAGE>

</TABLE>
#### Jorge Nieves et al., Respondents, v Riverbay Corporation, Appellant, et al., Defendant.

[944 NYS2d 51]—

Judgment, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 13, 2010, awarding plaintiffs the principal aggregate sum of $307,500 against defendant Riverbay Corporation, and bringing up for review an order, same court and Justice, entered December 3, 2010, which denied defendant’s posttrial motion to set aside the jury’s verdict, unanimously modified, on the law, to reduce the award of damages for past medical expenses from $10,000 to $5,000, and otherwise affirmed, without costs. Appeal from aforesaid order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The jury’s finding that defendant breached its duty to exercise reasonable care to maintain its premises in a reasonably safe *459condition and proximately caused plaintiffs slip and fall in the icy parking lot is not against the weight of the evidence.

Defendant’s claim that plaintiff’s counsel made prejudicial comments in summation is unpreserved. In any event, the complained-of comments were isolated remarks that constituted either fair comment on the evidence or a fair response to defendant’s arguments with respect to witness credibility, and were not the type of comments that could have deprived defendant of a fair trial *(see Bennett v Wolf,*40 AD3d 274, 275 [2007], *lv denied*9 NY3d 818 [2008]).

The court properly declined to charge the jury on comparative negligence since there was no valid line of reasoning based on the trial evidence that would support a finding of comparative negligence *(see Cuadrado v New York City Tr. Auth.,*65 AD3d 434, 435 [2009], *lv dismissed*14 NY3d 748 [2010]; *Perales v City of New York,*274 AD2d 349, 350 [2000]).

The jury’s award of $10,000 for past medical expenses is unsupported by competent evidence to the extent that it exceeds the sum of $5,000, the amount that plaintiff Rosa Nieves testified had been paid by plaintiffs in out-of-pocket medical expenses. There is no competent evidence in the record with respect to unpaid past medical expenses *(see Lane v Smith,*84 AD3d 746, 748-749 [2011]). There is no basis for vacating or reducing the other challenged damages awards. Concur — Saxe, J.P., Sweeny, Moskowitz, Freedman and Manzanet-Daniels, JJ.
Case: 1:03-cv-02695 Document #: 8 Filed: 07/03/03 Page 1 of 9 PageID #:59
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Case: 1:03-cv-02695 Document #: 8 Filed: 07/03/03 Page 3 of 9 PageID #:61
Case: 1:03-cv-02695 Document #: 8 Filed: 07/03/03 Page 4 of 9 PageID #:62
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Case: 1:03-cv-02695 Document #: 8 Filed: 07/03/03 Page 7 of 9 PageID #:65
Case: 1:03-cv-02695 Document #: 8 Filed: 07/03/03 Page 8 of 9 PageID #:66
Case: 1:03-cv-02695 Document #: 8 Filed: 07/03/03 Page 9 of 9 PageID #:67
gdlc-ex43_6.htm



Exhibit 4.3

Grayscale Digital Large Cap Fund LLC

PO Box 309, Ugland House

Grand Cayman, KY1-1104

Cayman Islands

 

Amendment No. 2 to the

Second Amended and Restated Limited Liability Company Agreement of

Grayscale Digital Large Cap Fund LLC

 

This Amendment No. 2 (the "Amendment") to the Second Amended and Restated Limited Liability Company Agreement dated March 7, 2018, as amended by Amendment No. 1 thereto (the "LLC Agreement") of Grayscale Digital Large Cap Fund LLC (the "Fund") is made on July 30, 2021 by Grayscale Investments, LLC as the sole manager of the Fund (the "Manager").  All capitalized terms used but not defined in this Amendment shall have the meanings ascribed to such terms in the LLC Agreement.

 

Recitals


	
A.
	
The LLC Agreement, pursuant to Section 9.1(a), may be amended by the Manager in its sole discretion without the consent of Shareholders in order to effect a change that does not materially adversely affect the interests of Shareholders; and





	
B.
	
The Manager wishes to amend the LLC Agreement to clarify the rights of Shareholders of the Fund, with such Amendment to be effective immediately as of the date hereof.




 

Operative Provisions


	
1.
	
Amendment:  The Manager hereby amends Section 6.4 (Derivative Actions) of the LLC Agreement as follows (with strike through representing deletions and double underling representing additions):




(i)Subject to any other requirements of applicable law, no Shareholder shall have the right, power or authority to bring or maintain a derivative action, suit or other proceeding on behalf of the Fund unless two or more Shareholders who (i) are not Affiliates of one another and (ii) collectively hold at least 10% of the outstanding Shares join in the bringing or maintaining of such action, suit or other proceeding. This Section 6.4 shall not apply to any derivative claims brought under the Securities Act or the Exchange Act, or the rules and regulations thereunder.


	
2.
	
Binding Effect:  This Amendment, memorializing an amendment duly adopted pursuant to the terms of the LLC Agreement and executed by the Manager in accordance with the provisions of Section 9.1 shall be binding on the Company, the Manager and all members with immediate effect.





	
3.
	
Confirmation of LLC Agreement:  Except as otherwise expressly provided in this Amendment, all of the terms of the LLC Agreement shall remain unchanged and continue in full force and effect.





	
4.
	
Governing Law:  This Amendment shall be governed by, and construed in accordance with, the laws of the Cayman Islands.




 

 

 



 

IN WITNESS WHEREOF, the undersigned has executed this Amendment as a deed on the date first set forth above 

 

Grayscale Investments, LLC

as Manager

By:


	
	
/s/ Michael Sonnenshein




Name: Michael Sonnenshein

Title: Chief Executive Officer
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: April 23, 2015 105669

________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER THOMAS HARDIE, Also Known as T, Appellant.

________________________________ Calendar Date: February 24, 2015 Before: Lahtinen, J.P., Egan Jr., Devine and Clark, JJ.

__________ Kevin J. Bauer, Albany, for appellant, and appellant pro se. P. David Soares, District Attorney, Albany, for respondent.

__________ Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered January 3, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree. In satisfaction of a three-count superceding indictment and another pending charge, defendant pleaded guilty to criminal possession of a weapon in the third degree and waived his right to appeal. Defendant was sentenced, as a second felony offender, in accordance with the terms of the plea agreement to a prison term of 31⁄2 to 7 years. Defense counsel now seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record, defense counsel's brief and defendant's pro se submission, we agree. Therefore, the judgment is affirmed and counsel's request-2- 105669

for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]). Lahtinen, J.P., Egan Jr., Devine and Clark, JJ., concur.

ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.

ENTER:

Robert D. Mayberger Clerk of the Court
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ARS Home Southeast Area Stoneville, Mississippi Biological Control of Pests Research People & Locations







Alfred  Martin
                        Biological Control of Pests Research

                        




                        
                        Biological Science Aid
                        Phone: (662) 686-3664
                        
                        
                        Fax: (662) 686-5281(Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


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Exhibit 32.2

 

**CERTIFICATION**

 

|   | Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 I hereby certify that: |
|--------|----------------------------------------------------------------------------------|

 

|   | I have reviewed the Annual Report on Form 10-K; |
|--------|-------------------------------------------------|

 

to the best of my knowledge, this Annual Report on Form 10-K (i) fully complies with the requirements of section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d); and (ii) the information contained in this Report fairly presents, in all material respects, the financial condition and results of operation of Tengasco, Inc. and its subsidiaries during the period covered by this Report.

 

| Dated: March 31, 2008 |  |
|-----------------------|--|

 

 

|   | s/Mark A. Ruth |
|--------|----------------|

|   | Mark A. Ruth, |
|--------|---------------|

|   | Principal Financial and Accounting Officer |
|--------|--------------------------------------------|
Presidential Documents

Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Presidential Documents 38903 

Notice of July 20, 2021 

Continuation of the National Emergency With Respect to 

Mali 

On July 26, 2019, by Executive Order 13882, the President declared a national 

emergency pursuant to the International Emergency Economic Powers Act 

(50 U.S.C. 1701 et seq.) to deal with the unusual and extraordinary threat 

to the national security and foreign policy of the United States constituted 

by the situation in Mali. 

The situation in Mali, including repeated violations of ceasefire arrangements 

made pursuant to the 2015 Agreement on Peace and Reconciliation in Mali; 

the expansion of terrorist activities into southern and central Mali; the 

intensification of drug trafficking and trafficking in persons, human rights 

abuses, and hostage-taking; and the intensification of attacks against civilians, 

the Malian defense and security forces, the United Nations Multidimensional 

Integrated Stabilization Mission in Mali (MINUSMA), and international security presences, continues to pose an unusual and extraordinary threat to 

the national security and foreign policy of the United States. For this reason, 

the national emergency declared on July 26, 2019, must continue in effect 

beyond July 26, 2021. Therefore, in accordance with section 202(d) of the 

National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year 

the national emergency declared in Executive Order 13882 with respect 

to the situation in Mali. 

This notice shall be published in the Federal Register and transmitted to 

the Congress. 

THE WHITE HOUSE, 

July 20, 2021. 

[FR Doc. 2021–15824 

Filed 7–21–21; 11:15 am] 

Billing code 3295–F1–P 


lotter on DSK11XQN23PROD with FR_PREZDOC2BIDEN.EPS</GPH>