alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v *756Rickey Lowe, Appellant.

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Farlo, J.), rendered February 16, 1983, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The defendant’s contention that an allegedly improper comment of the prosecutor warrants reversal has not been preserved for appellate review *(see, People v Maschi,*49 NY2d 784), and in any event is without merit. Contrary to the defendant’s assertion that the comment was in reality an impermissible reference to his failure to testify, we find the prosecutor was merely reminding the jury that the asserted defense was not supported by any evidence *(see, People v Baldo,*107 AD2d 751). As such, the prosecutor’s summation constituted a fair comment on the defendant’s closing argument *(see, People v Lowen,*100 AD2d 518; *People v Blackman,*88 AD2d 620). Moreover, we note that the court promptly and thoroughly instructed the jury that it could not draw any unfavorable inferences from the defendant’s failure to take the stand *(see, People v Gilmore,*106 AD2d 399).

Similarly, we find the court’s prompt curative instructions obviated any possible prejudice to the defendant, arising out of the testimony pertaining to his codefendant’s arrest *(see, People v Santiago,*52 NY2d 865; *People v Patterson,*83 AD2d 691).

Nor do we find error in the court’s denial of the defendant’s request to charge grand larceny in the third degree as a lesser included offense. A review of the record does not reveal any evidence which could support a finding that the defendant committed the crime of grand larceny in the third degree but not robbery *(see, People v Glover,*57 NY2d 61; *People v Scarborough,*49 NY2d 364). We further note that, contrary to the defendant’s contention, the counts of the indictment charging the defendant with criminal use of a firearm in the first degree and criminal use of a firearm in the second degree were dismissed on the motion of the People, and not for lack of sufficient evidence. Thus, the dismissal of those counts did not indicate that the proof of robbery was insufficient.

Lastly, we reject the defendant’s argument that he was denied due process of law because he was not present at all in camera and side bar proceedings in which his attorney appeared on his behalf. "[T]he presence of counsel at a hearing having nothing to do with guilt or innocence [is] sufficient to *757afford the defendant a 'fair and just hearing.’ Nothing more is required” *(People v Mullen,*44 NY2d 1, 6). Mangano, J. P., Niehoff, Rubin and Kunzeman, JJ., concur.
I

105TH CONGRESS

1ST SESSION S. 1377

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 6, 1997

Referred to the Committee on the Judiciary

AN ACT

To amend the Act incorporating the American Legion to

make a technical correction.

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

3 That section 5 of the Act entitled ‘‘An Act to Incorporate

4 the American Legion’’, approved September 16, 1919 (41

5 Stat. 285; 36 U.S.C. 45) is amended by striking ‘‘Decem6 ber 22, 1961’’ and inserting ‘‘February 28, 1961’’.

Passed the Senate November 5, 1997.

Attest: GARY SISCO,

Secretary.
Gerald M. Needham, OSB # 96374

Assistant Federal Public Defender

101 SW Main Street, Suite 1700

Portland, OR 97204-3228

Tel: (503) 326-2123

Fax: (503) 326-5524

jerry_needham@fd.org

Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

JASON MICHAEL KEATING,

Defendant

Case No. 3:14-cr-00282-KI

AFFIDAVIT OF COUNSEL IN 

SUPPORT OF UNOPPOSED MOTION 

TO CONTINUE TRIAL DATE

STATE OF OREGON )

) ss:

County of Multnomah)

I, Gerald M. Needham, being duly sworn, do depose and say:

1. I am counsel for Jason Michael Keating in the above-entitled action.

2. Mr. Keating has been indicted for one count of Conspiracy To Transport, Receive, And 

Sell Stolen Goods in violation of 18 U.S.C. § 371 and one count of Receipt Of Stolen 

Goods in violation of 18 U.S.C. § 2315. The indictment contains a forfeiture allegation.

3. Mr. Keating has been released on pretrial conditions. He remains in compliance with all 

aspects of his release conditions. Counsel has spoken with Mr. Keating concerning the need 

for a continuance. He authorized counsel to represent he consents to a continuance of his 

PAGE 1. AFFIDAVIT OF COUNSEL IN SUPPORT OF UNOPPOSED MOTION TO CONTINUE TRIAL 

DATE

Case 3:14-cr-00282-SI Document 25 Filed 09/10/14 Page 1 of 2
trial date with the knowledge that the timeframe is excludable under the Speedy Trial Act 

pursuant to 18 U.S.C. § 3161(h)(7)(A).

4. Counsel has received discovery materials. Additional discovery materials were forwarded 

to counsel late last week. Additional time is required to review discovery materials, conduct 

pretrial investigation, consult with Mr. Keating, and otherwise properly prepare for trial. 

5. Assistant United States Attorney Ryan Bounds has authorized counsel to represent the 

government has no objection. 

6. Celia Howes, attorney for co-defendant Kyle Keoki Yamaguchi, has authorized counsel to 

represent that her client has no objection to the requested continuance. Mark Cogan, 

counsel for co-defendant Tung Wing Ho, has been advised of the nature of the motion. 

Counsel has yet to receive a reply from Mr. Cogan.

7. Based on the aforementioned, counsel moves to continue the trial of September 16, 2014,

to November 18, 2014, or a date thereafter convenient to the Court. The timeframe of the 

requested continuance is excludable from Speedy Trial computations pursuant to 18 U.S.C. 

§ 3161(h)(7)(A), as additional time is required for pretrial investigation and trial 

preparation and the ends of justice served by the granting of the continuance outweigh the 

interests of the public and the defendant in a speedier trial. 

DATED this 10th day of September, 2014.

/s/ Gerald M. Needham

Gerald M. Needham

Attorney for Defendant

SUBSCRIBED AND SWORN to before me this 10th day of September, 2014.

/s/ Jennifer Louise Lillie

Notary Public for Oregon

My commission expires: 3/22/2017

PAGE 2. AFFIDAVIT OF COUNSEL IN SUPPORT OF UNOPPOSED MOTION TO CONTINUE TRIAL 

DATE

Case 3:14-cr-00282-SI Document 25 Filed 09/10/14 Page 2 of 2
**Exhibit
      32.1**





**Certification
      of Periodic Financial Report**


**Pursuant
      to 18 U.S.C. Section 1350**








Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, each of the undersigned officers of RC2 Corporation
      (the "Company") certifies that the Quarterly Report on Form 10-Q of the Company
      for the quarter ended June 30, 2005 fully complies with the requirements of
      Section 13(a) of the Securities Exchange Act of 1934 and information contained
      in that Form 10-Q fairly presents, in all material respects, the financial
      condition and results of operations of the Company.











Dated:
      August 8,
      2005 /s/
      Curtis W.
      Stoelting


Curtis
      W.
      Stoelting


Chief
      Executive Officer











Dated:
      August 8,
      2005 /s/
      Jody L.
      Taylor


Jody
      L.
      Taylor


Chief
      Financial Officer








This
      certification is made solely for purpose of 18 U.S.C. Section 1350, subject
      to
      the knowledge standard contained therein, and not for any other
      purpose.
Exhibit 31.2

Certification Pursuant to Rule 13a-14(a)/15d-14(a)

of the Securities Exchange Act of 1934

I, Jeffrey E. Young, certify that:

1. I have reviewed this Amendment to the Annual Report on Form 10-K/A of Juniper Pharmaceuticals, 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;

 

|                                                                                                                     |
|---------------------------------------------------------------------------------------------------------------------|
|                                                                                                                |
| /s/ Jeffrey E. Young                                                                                           |
| Jeffrey E. Young                                                                                                    |
| Senior Vice President, Finance, Chief Financial Officer and Treasurer

(Principal Financial and Accounting Officer) |
| DATE: April 27, 2018                                                                                                |
#### Eugenio Sanchez BERNAL, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

No. 11-1424.

United States Court of Appeals, Eighth Circuit.

Submitted: Dec. 15, 2011.

Filed: Dec. 20, 2011.

Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.

PER CURIAM.

Mexican citizen Eugenio Sanchez Bernal petitions for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge’s denial of his application for cancellation of removal. We conclude that substantial evidence supports the BIA’s determination that Bernal did not meet his burden of demonstrating he was continuously physically present in the United States for ten years before he was served with a notice to appear. *See Sanchez-Velasco v. Holder,*593 F.3d 733, 735-36 (8th Cir.2010) (standards of review); *Acevedo-Aguilar v. Mukasey,*517 F.3d 8, 10 (1st Cir.2008) (holding substantial evidence supported denial of cancellation of removal where alien’s testimony was inconsistent with other evidence in record regarding relevant dates). *927Accordingly, we deny the petition. *See*8th Cir. R. 47B.
ELECTRONIC RECORD

%0O-tS

SOl-15

COA # 02-14-00176-CR

Quinn Ford, Jr. v. The State of

STYLE: Texas

COA DISPOSITION: AFFIRM

OFFENSE: 22.02

COUNTY: Tarrant

TRIAL COURT: 297th District Court

DATE: 05/28/15 Publish: NO TCCASE#: 1267457D

IN THE COURT OF CRIMINAL APPEALS

SO/ »/ff STYLE: Quinn Ford, Jr. v. The State of Texas

APPSLLAA/r's Petition

FOR DISCRETIONARY REVIEW IN CCA IS:

DATE: OH/u/jpr

JUDGE: M1A.

CCA#:

CCA Disposition:

DATE:

JUDGE:

SIGNED:

PUBLISH:

REHEARING IN CCA IS:

JUDGE:

PC:_

DNP:

MOTION FOR

ELECTRONIC RECORD
<PAGE>   1
Exhibit 3.38
                          AMENDED AND RESTATED BY-LAWS

                         Adopted as of November 1, 1996

                             ARTICLE I SHAREHOLDERS

         Section 1. Annual Meeting. The annual meeting of the shareholders shall
be held in the month of June in each year or at such other time as shall be
fixed by the Board of Directors, for the purpose of electing directors and for
the transaction of such other business as may come before the meeting.

         Section 2. Notice of Meeting. Written notice stating the place, day and
hour of the meeting and, in case of a special meeting, the purpose or purposes
for which the meeting is called, shall, unless otherwise prescribed by statute,
be delivered not less than ten (10) nor more than sixty (60) days before the
date of the meeting (except that if the number of authorized shares is to be
increased, at least thirty (30) days notice shall be given), either personally
or by mail, or at the direction of the president, or the secretary, or the
officer or other persons calling the meeting.

                          ARTICLE II BOARD OF DIRECTORS

         Section 1. Number, Tenure and Qualifications. The number of directors
of the corporation shall be not less than one (1) nor more than four (4) as
established by the Board of Directors from time to time. Each director shall
hold office until the next annual meeting of shareholders and until his
successor shall have been elected and qualified. Directors need not be residents
of the state of incorporation of the corporation or shareholders of the
corporation.

         Section 2. Regular and Special Meetings. The Board of Directors may
call regular and special meetings.

                              ARTICLE III OFFICERS

         Section 1. Number. The officers of the corporation shall be a
president, vice president, a secretary and a treasurer, all of whom shall be
elected or appointed by the Board of Directors. Such other officers and
assistant officers as may be deemed necessary may be elected or appointed by the
Board of Directors. Any two or more offices may be held by the same person.

         Section 2. Election and Term of Office. The officers of the corporation
shall be elected annually by the Board of Directors. Each officer shall hold
office until his successor shall have been elected and shall have qualified or
until his death or until he shall resign or shall have been removed in the
manner hereinafter provided.

                             ARTICLE IV FISCAL YEAR

         The fiscal year of the corporation shall begin on the 1st day of
January and end on the 31st day of December in each year.
**Exhibit 31.2****Sarbanes-Oxley Section 302 Certification**I, Gino Chouinard, certify that:1. I have reviewed this Amendment No. 1 to the annual report on Form 10-K/A of HearUSA, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations 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 maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and we have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluations; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial 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 hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function): a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; andb) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.Date: May 11, 2006/s/ Gino ChouinardGino ChouinardChief Financial Officer
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, December 07, 2018.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, December 07, 2018

The Court of Appeals hereby passes the following order

A19D0196. XIAONAN WANG v. MARK BUTLER, COMMISSIONER OF GA DOL.

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be 

hereby DENIED.

LC NUMBERS:

18A04230
Fourth Court of Appeals

San Antonio, Texas

January 18, 2019

No. 04-18-00707-CR

Burdane Maurice GRANGER,

Appellant

v.

The STATE of Texas,

Appellee

From the 198th Judicial District Court, Kerr County, Texas

Trial Court No. B17780

Honorable Rex Emerson, Judge Presiding

O R D E R

Appellant’s second motion for an extension of time to file the appellant’s brief is granted. 

We order counsel for appellant, M. Patrick Maguire, to file the appellant’s brief by January 25, 

2019. Counsel is advised that no further extensions of time will be granted absent a timely 

motion that (1) demonstrates extraordinary circumstances justifying further delay, (2) advises the 

court of the efforts counsel has expended in preparing the brief, and (3) provides the court 

reasonable assurance that the brief will be completed and filed by the requested extended 

deadline. The court does not generally consider a heavy work schedule to be an extraordinary 

circumstance.

_________________________________

Luz Elena D. Chapa, Justice

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

court on this 18th day of January, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
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