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

Appeal by the defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered July 14, 1988, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant did not testify at trial, and at its conclusion he requested that the jury be instructed pursuant to CPL 300.10 (2) that it could not draw any unfavorable inference from his decision not to testify. In honoring that request, the trial court instructed the jury that: "[ujnder our law a defendant may, if he desires, testify in his own behalf and it is his right to refrain from testifying on the witness stand. I, therefore, charge you in your deliberations you may not draw any unfavorable inference whatsoever from the defendant’s election not to testify”. While we agree with the defendant that this instruction was an embellishment upon the statutory language, we find that the deviation was minimal. In light of the overwhelming proof of guilt, and the otherwise proper *767charge, we deem this error harmless beyond a reasonable doubt *(see, People v Crimmins,*36 NY2d 230, 237).

We further find the trial court did not improvidently exercise its discretion by refusing to give an adverse inference charge regarding the People’s failure to preserve certain notes taken by both the arresting officer and the undercover officer who purchased the controlled substances. The sanctions to be imposed when *Rosario*material is lost or destroyed are within the sound discretion of the trial court and, in imposing such sanctions, the trial court should look to fault on the part of the People and prejudice to the defendant *(see, People v Martinez,*71 NY2d 937). We find no such prejudice or fault. The undercover officer destroyed his notes only after transferring their contents to a "Buy Report” which was made available to the defendant, and both the undercover and the arresting officer testified at trial where they were extensively cross-examined *(see, People v Best,*145 AD2d 499; *People v Vasquez,*141 AD2d 880; *People v Jones,*130 AD2d 943). Furthermore, we find no evidence of bad faith on the part of the police or the prosecution in this regard. Kooper, J. P., Spatt, Harwood and Rosenblatt, JJ., concur.
Clear All

        25 July 2023    

                    CNAL Squadrons Receive Battle "E" Award                 
                Rear Adm. John F. Meier, Commander, Naval Air Force Atlantic (CNAL), presented the first of many Battle Efficiency, or Battle “E,” awards to Helicopter Sea Combat Squadron (HSC) 11, Airborne Command & Control Squadron (VAW) 126 and Strike Fighter Squadron (VFA) 81, July 17 and July            

        04 January 2023    

                    USS Newport News (SSN 750) Returns Home, Earns Coveted Battle 'E' Award                 
                GROTON, Conn. - The new year is only three days old, but it’s already been a good 2023 for the Los Angeles-class fast-attack submarine USS Newport News (SSN 750).            

#####  

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###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

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IN THE SUPREME COURT OF TEXAS

- - - - - - - -

NO. 22-0592

IN THE INTEREST OF A.H., A 

MINOR CHILD

§

§

§

§

§

§

Dallas County,

5th District.

October 21, 2022

Petitioner's petition for review, filed herein in the above numbered and styled case, 

having been duly considered, is ordered, and hereby is, denied.



I, BLAKE A. HAWTHORNE, Clerk of the Supreme Court of Texas, do hereby certify 

that the above is a true and correct copy of the orders of the Supreme Court of Texas in the case 

numbered and styled as above, as the same appear of record in the minutes of said Court under 

the date shown.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this 

the 29th day of November, 2022.

Blake A. Hawthorne, Clerk

By Monica Zamarripa, Deputy Clerk

FILE COPY
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[Federal Register Volume 66, Number 91 (Thursday, May 10, 2001)]
[Notices]
[Pages 23902-23903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11820]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Intent To Grant Partially Exclusive License; Wickford 
Technologies, Inc.

AGENCY: Department of the Navy, DOD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of the Navy gives notice of its intent to grant 
to Wickford Technologies, Inc., a revocable, nonassignable, partially 
exclusive license, with exclusive fields of use in recreational marine 
electronics, petroleum distribution, process pipe, and aviation 
electronics in the United States to practice the Government-owned 
invention, U.S. Patent Application Serial Number 09/391,605 entitled 
``Differential Pressure Flow Sensor.''

DATES: Anyone wishing to object to the grant of this license must file 
written objections along with supporting evidence, if any, not later 
than May 20, 2001.

ADDRESSES: Written objections are to be filed with Indian Head 
Division, Naval Surface Warfare Center, Code OC4, 101 Strauss Avenue, 
Indian Head, MD 20640-5035.

[[Page 23903]]


FOR FURTHER INFORMATION CONTACT: Dr. J. Scott Deiter, Head, Technology 
Transfer Office, Naval Surface Warfare Center Indian Head Division, 
Code 05T, 101 Strauss Avenue, Indian Head, MD 20640-5035, telephone 
(301) 744-6111.

    Dated: May 1, 2001.
C.G. Carlson,
Major, U.S. Marine Corps, Alternate Federal Register Liaison Officer.
[FR Doc. 01-11820 Filed 5-9-01; 8:45 am]
BILLING CODE 3810-FF-P
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#### Robert Brian STONE, Plaintiff-Appellant, v. Ysidro BECERRA, Correctional Unit Supervisor; et al., Defendants-Appellees.

No. 11-35426.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 2013.*

Filed May 22, 2013.

Robert Brian Stone, Spokane, WA, pro se.

Candie M. Dibble, Assistant Attorney General, Attorney General’s Office, Olympia, WA, for Defendants-Appellees.

Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2),

MEMORANDUM **

Former Washington state prisoner Robert Brian Stone appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials deprived him of a meaningful re*543view of his grievances and retaliated and conspired against him. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Knievel v. ESPN,*393 F.3d 1068, 1072 (9th Cir.2005). We affirm.

The district court properly dismissed Stone’s claim regarding the denial of a meaningful review of his grievances because there is no constitutional right to receive a particular type of review of a prison grievance. *See Ramirez v. Galaza,*334 F.3d 850, 860 (9th Cir.2003) (“[I]n-mates lack a separate constitutional entitlement to a specific prison grievance procedure.”).

The district court properly dismissed Stone’s retaliation claims because Stone failed to allege that defendants’ actions were motivated by his filing of grievances and did not advance a legitimate correctional purpose. *See Pratt v. Rowland,*65 F.3d 802, 807-09 (9th Cir.1995) (the timing of adverse actions alone is not sufficient to support the inference of a retaliatory motive; a prisoner must show that there were no legitimate correctional purposes for conduct alleged to be retaliatory).

The district court properly dismissed Stone’s conspiracy claim because Stone failed to allege facts showing that defendants agreed to violate his constitutional rights. *See Ashcroft v. Iqbal,*556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (a plaintiff must allege facts that “allow the court to draw a reasonable inference that the defendants is liable for the misconduct alleged”); *Crowe v. County of San Diego,*608 F.3d 406, 440 (9th Cir.2010) (conspiracy requires the existence of an agreement or meeting of the minds to violate constitutional rights).

The district court did not abuse its discretion in dismissing without leave to amend because the deficiencies in Stone’s complaint could not be cured by amendment. *See Lopez v. Smith,*203 F.3d 1122, 1130-31 (9th Cir.2000) (en banc) (setting forth standard of review and explaining that leave to amend should be given unless the deficiencies in the complaint cannot be cured by amendmént).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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Clear All

        17 May 2024    

#                     USS Leyte Gulf Returns from Final Deployment                 

                NAVAL STATION NORFOLK, Va. –The guided-missile cruiser USS Leyte Gulf (CG 55) returned to Naval Station Norfolk, May 17, 2024, marking their final deployment.             

        23 April 2023    

#                     Reassure and Deter: George H.W. Bush Carrier Strike Group Completes Historic Deployment                  

                NORFOLK - The George H.W. Bush Carrier Strike Group (CSG) - comprised of the Nimitz-class aircraft carrier USS George H.W. Bush (CVN 77), Carrier Air Wing (CVW) 7, Destroyer Squadron (DESRON) 26, the Ticonderoga-class guided-missile cruiser USS Leyte Gulf (CG 55), and the Information Warfare            

#####  

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###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
Clear All

        27 February 2024    

                    Navy Pins First Robotics Warfare Specialist                 
                The Chief of Naval Personnel, Vice Adm. Rick Cheeseman, and the Navy’s Personnel Plans and Policy Division (N13) Director, Rear Adm. Jim Waters, pinned Master Chief Christopher Rambert as the Navy’s first Robotics Warfare Specialist during an office call at Naval Support Facility            

        18 July 2022    

                    MyNavy Career Center Commander to CPPAs: ‘Get Real, Get Better’ is Here                 
                The Navy’s “pay boss” is getting real.Rear Adm. Stu Satterwhite, commander, MyNavy Career Center, spoke to command pay and personnel administrators attending the MyNavyHR Career Development Symposium, held at Naval Station Norfolk July 13 and Naval Air Station Oceana July 14, to announce several new            

#####  

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Case 1:07-cv-05731-JGK-RLE Document 2 Filed 06/15/2007 Page 1 of 2
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#### THE SINALOA.

(District Court, N. D. California, First Division.

September 13, 1913.)

No. 15,405.

Maritime Liens (§ 25*)—Federal Statute—Services oe Watchman.

Act June 23, 1910, c. 373, § 1, 36 Stat. 604 (U. S. Comp. St. Strpp. 1911, p. 1192), which gives a lien for repairs, supplies, or other necessaries furnished to a vessel on order of the owner or a person authorized by him, does not cover the services of a watchman employed by the owner for a vessel while lying in her home port.

[Ed. Note.—For other eases, see Maritime Liens, Cent. Dig. §§ 20, 31-36; Dec. Dig. § 25.*]

In Admiralty. Suit by M. A. Taylor against the gasoline launch Sinaloa. On exceptions to libel.

Exceptions sustained.

*288H. W. Hutton, of San Francisco, Cal., for libelant.

Denman & Arnold, of San Francisco, Cal., for respondent.

*

For other cases see same topic *&*§ nvmbeb íb Dec. & Am. Digs. 1907 to date, & Rep’r Indexes

DOOLING, District Judge.

Exceptions to libel for services as watchman, alleged to have been performed on the launch Sinaloa at the request of her owner. It is not averred where the vessel lay at the time of the performance of the services, but the cause was argued on the assumption that she lay in her home port; the real question submitted being whether the services of a watchman employed by the owner create a lien upon the vessel under the act of Congress of June , 23, 1910, when such services have been rendered in her home port.

It has been frequently held that such service is not maritime. The Sirius (D. C.) 65 Fed. 226; The America (D. C.) 56 Fed. 1021; The E. A. Barnard (C. C.) 2 Fed. 712; The Island City, Fed. Cas. No. 7,109. In the absence of the act of Congress of June 23, 1910, the services of a watchman would create no lien. This act provides:

> “That any person furnishing repairs, supplies, or other necessaries, including the use of a dry dock or marine railway, to a vessel, whether foreign or domestic, upon the order of the owner or owners of such vessel, or of a person by him or them authorized, shall have a maritime lien on the vessel which may be enforced by a proceeding in rem, and it shall not be necessary to allege or prove that credit was given to the vessel.”

This act does not by any fair construction of its terms include the services here in suit, nor is it clear that its terms should be so 'extended by construction as to include them. The apparent intent of the act was to relieve those persons who formerly would have had a lien if credit had been given to the vessel from the necessity of alleging and proving that credit had been so given. The purpose does not seem to have been to create a new class of liens, or liens for services which had been theretofore determined not to be maritime, but only to deal with certain matters that had always been recognized aá cognizable in admiralty.

While it is quite true that the libelant should be paid for any services rendered by him, I am of the opinion that his remedy is against the owner, and not against the vessel.

The exceptions will therefore be sustained, and the libel dismissed.
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##### 



Exhibit 32.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 The undersigned as Chief Financial Officer of the Company, does hereby certify that the foregoing
Quarterly Report of CLAIMSNET.COM INC. (the Company) on Form 10-QSB for the period ending June
30, 2005 (the Report):  (1)
    
    Fully complies with the requirements of section 13 or 15(d) of the Securities Exchange
Act of 1934; and(2)
    
    Fairly presents, in all material respects, the consolidated financial condition and
consolidated results of operations of the Company as of, and for, the periods presented in
the Report. /s/ Laura M. BrayLaura M. BrayChief Financial OfficerJuly 26, 2005
 A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request. The foregoing certification is being furnished as an exhibit to this Report pursuant to Item
601(b)(32) of Regulation S-B and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of Section 1350, Chapter 63 of Title 18, Unites States Code) and, accordingly, is not being
filed as part of this Report for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not incorporated by reference into any filings of the Company, whether made before
or after the date hereof, regardless of any general incorporation language in such filing.
## Breadcrumb

-  News 

Breadcrumb-  News 

## Curiosity Blogs |  Sols 3466-3468: Sliding Into the Weekend Like...

      By Astrogeology Science Center      May 10, 2022    

It’s been a challenging week in Gale crater, but Curiosity and the rover team are ready to put those challenges behind us as we head into a busy weekend plan. I’ve been on shift as LTP and SOWG Chair this week, and we’ve had a handful of issues related to difficult terrain, being in a good orientation for communication, and having small downlink volumes available for planning.

Today was a “late slide sol” because the downlinked data that we needed for planning didn’t arrive on Earth until around 9:30 am (PDT) this morning. Despite these challenges and the late start, we put together a very full weekend plan for Curiosity to carryout over the next three days.

View Media Details

Download image ›

The plan starts with a ChemCam observation on the bedrock target “Canaima” and multiple Mastcam mosaics to document the local stratigraphy and fractures. Then we’ll use MAHLI and APXS to investigate a couple of blocks of bedrock in our workspace, including a MAHLI “dogs eye” mosaic to examine the exposed stratification at the target “Kurupukari.” Overnight, APXS will collect data on “Oshi” and “Bonfim.” On the second sol, Curiosity will collect another ChemCam observation on the target “Oshi,” followed by a ~14 m drive to the south. The topography looks a bit challenging, so here’s hoping that Curiosity can channel her sport mode to get up and over the terrain seen in the above Navcam image. After the drive we’ll collect images to help with targeting on Monday. The third sol includes an autonomously selected ChemCam target, and Navcam observations to search for dust devils and monitor dust and clouds in the atmosphere. Early the next morning there’s an additional science block for environmental monitoring.

It’s nice to get back into some new terrain and the views are fantastic. Looking forward to the results from all of these activities, and hoping for easier planning in the week ahead! 

by Lauren Edgar, Planetary Geologist at USGS Astrogeology Science Center

 

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<Page>

                                                                    Exhibit 23.1


                              ACCOUNTANT'S CONSENT

The Board of Directors
Evans & Sutherland Computer Corporation


We consent to incorporation by reference in the Registration Statements
Nos. 33-39632, 2-76027, 333-53305, 333-58735 and 333-58733 on Forms S-8 and
Registration Statements Nos. 333-09657 and 333-67189 on Forms S-3 of Evans &
Sutherland Computer Corporation of our report dated March 15, 2002 relating to
the consolidated balance sheets of Evans & Sutherland Computer Corporation and
subsidiaries as of December 31, 2001 and December 31, 2000, and the related
consolidated statements of operations, comprehensive loss, stockholders' equity,
and cash flows for each of the years in the three-year period ended December 31,
2001 and related schedule, which report appears in the December 31, 2001 Annual
Report on Form 10-K of Evans & Sutherland Computer Corporation.

                                                  KPMG LLP

Salt Lake City, Utah
March 29, 2002