alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-83,455-01

EX P ARTE JAMES WES LEY DUEITT , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 07-03-02301-C R(1) IN THE 359T H DISTRICT COURT

F ROM MONTG OMERY COUNTY

Per curiam . H E R V E Y , J., fi led a dis senting opi nion in w hich K E L L E R , P .J., and K E A S L E R , J., joined.

O R D E R Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal P ro ce d u re , the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant pleade d g uilty to thr ee counts of possession of a controlled substance and was sentenc ed to eig ht y ear s’ imprisonment on eac h count. He did not appe al his convictions. I n a single g round, Ap p l i ca n t contends that his due proce ss rig hts wer e violated beca use J onathan Salvador, a former laboratory techn i ci an who eng ag ed in misconduct and falsified test results, analy

zed the controlled substances in his case s. The trial court made finding s o f fa ct and2

conclusions of law and rec ommended that we deny relief

. We believe that the rec ord is not sufficie nt to resolve Applica

nt’s claim. Applicant has alleg ed fac ts th at , i f true, might entitle him to relief

. Ex parte Coty , 418 S.W .3d 597, 605–06 (Tex. Crim. App. 2014); Ex parte Barnaby , 475 S.W .3d 316, 327 (Tex. Crim. Ap p . 2 0 1 5); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999). In these circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)

. I f t he trial court elects t o hold a hearing , it shall deter mine whether Applica n t is indige nt. I f Applicant is ind i gen t and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repre sent Applicant at the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make further finding s of fac t a nd conclusions of law as to whether the controlled substances in Applicant’s case s are available for rete sting. The trial court shall also make any other finding s of fa ct an d co n clusions of law that it deems rele vant and appropr iate to the dispositi on of Applica

nt’s claim for ha

beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall b e re s o l v ed within 90 day s of this order

. A supplemental transcr ipt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court wit hin 120 day s of the date of this order. Any extensions of t ime shall be obtained f

rom this Court.

Filed: May

25, 2016 Do not publish
EX-10.1



 







Exhibit 10.1




[CINGULAR WIRELESS LOGO]




Sean Foley • Vice President & Treasurer • phone 404.236.6200 • fax 404.236.6205




December 15, 2005




Via Fax and Overnight Courier




Mr. Kevin Sullivan

Cincinnati Bell, Inc.

c/o Cincinnati Bell Wireless Holdings LLC

201 E. Fourth Street, 102-785

Cincinnati, OH 45201

Fax: 513-651-0638




Re: Cincinnati Bell Wireless LLC — Exercise of Put Dear



Mr. Sullivan:



This
letter constitutes a written demand under Section 7.4(c) of the Operating Agreement of
Cincinnati Bell Wireless LLC (“CBW”), dated as of December 31,1998, and as amended on October
16, 2003, August 4, 2004, and February 14, 2005 (collectively, the “Operating Agreement”).
Capitalized terms used herein but not defined shall have the meanings ascribed to them in the
Operating Agreement.



New Cingular Wireless PCS, LLC (f/k/a AT&T Wireless PCS, LLC) (“AT&T PCS”), hereby exercises the
Put and demands that CBI (on behalf of itself and/or its Affiliates) purchase all of the Interests
of the AT&T PCS Member Group for a cash purchase, payable by wire transfer in immediately available
funds, in an amount equal to $83.0 million dollars accreting daily at an annual rate of 5%
compounding monthly after January 31, 2006 to and including the date of the closing of the
transfer. We hereby specify that the closing date of the transfer shall occur sixty (60) days from
the date of this Put Notice, or February 13, 2006.



Sincerely,




New Cingular Wireless PCS, LLC (f/k/a AT&T Wireless PCS, LLC)




	 	 	 	 	 
	 	 	 
	 	By:  	/s/ Sean P. Foley
 	 
	 	 	Name:  	Sean P. Foley 	 
	 	 	Title:  	VP, Treasurer and Corp. Dev. 	 
	 



	 	 	 
	cc:

	 	Cincinnati Bell, Inc.
	 

	 	201 E. Fourth Street, 102-715
	 

	 	Cincinnati, Ohio 45201
	 

	 	Attn: General Counsel
	 

	 	Fax: 513-721-7358






 





Cingular Wireless • 5565 Glenridge Connector • Suite 1800 • Atlanta, GA 30342
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I 

116TH CONGRESS 

1ST SESSION H. R. 1800 

To modify the minimum allocation requirement for the emergency solutions 

grants program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2019 

Mr. SIRES introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To modify the minimum allocation requirement for the 

emergency solutions grants program. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Local Solutions to End 

5 Homelessness Act of 2019’’. 

6 SEC. 2. MINIMUM ALLOCATION REQUIREMENT FOR EMER7 GENCY SOLUTIONS GRANTS PROGRAM. 

8 Section 414(b) of the McKinney-Vento Homeless As9 sistance Act (42 U.S.C. 11373(b)) is amended to read as 

10 follows: 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 1800 IH

1 ‘‘(b) MINIMUM ALLOCATION REQUIREMENT.— 

2 ‘‘(1) IN GENERAL.—If, under the allocation 

3 provisions applicable under this subtitle, a metropoli4 tan city or an urban county would receive a grant 

5 of less than .05 percent of the amounts appropriated 

6 under section 408 and made available to carry out 

7 this subtitle for any fiscal year, such amount shall 

8 be reallocated to the State in which the metropolitan 

9 city or urban county, as applicable, is located, except 

10 that— 

11 ‘‘(A) in the case of the metropolitan city, 

12 such amount shall be reallocated to the urban 

13 county in which the metropolitan city is located, 

14 if the urban county— 

15 ‘‘(i) has previously received and ad16 ministered assistance under this section; 

17 and 

18 ‘‘(ii) agrees to receive such amount; 

19 and 

20 ‘‘(B) in the case of the urban county, such 

21 amount shall be provided to the urban county 

22 if the urban county has previously received and 

23 administered assistance under this section. 

24 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

25 (1), a metropolitan city shall receive the grant 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 1800 IH

1 amount described such paragraph if the metropoli2 tan city— 

3 ‘‘(A) is located in a State that does not 

4 have counties as local governments; 

5 ‘‘(B) has a population greater than 40,000 

6 but less than 50,000 as used in determining the 

7 fiscal year 1987 community development block 

8 grant program allocation; and 

9 ‘‘(C) was allocated in excess of $1,000,000 

10 in community development block grant funds in 

11 fiscal year 1987. 

12 ‘‘(3) AMOUNTS REALLOCATED TO URBAN COUN13 TIES.—An urban county that receives amounts re14 allocated under paragraph (1)(A) shall expend those 

15 amounts for the benefit of metropolitan cities lo16 cated in the urban county.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
74:

**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 
**GROVERSELLERS ATTORNEY**  **GENERAL**

!Ioaorablo IL L. Binrat, J?. SountyAudito Polk 

### county **uvtnguten,**

Tama

\ I

%ke&& Auditorthe autharityto disepprwe balm, olalm or aooount8again.& tha Oount7 u nl e ss

s e & i b lll r ,

o l a l m

orlooo u nt r

u a n ~o h r a ed o n oanpetltlva bids." Ue dlmot your attentlcn to the f01loM~ **statutea** pertam to the purchaseof varlam supplier on ouawtltive bids, **Road &**  **Brldga** msterlels, pFo$eota**mrpeoting** publlo. 74

l!onorstile

E. L. Binson, Jr., Page 2

4%zrovamats,and other nsterUil8. -80 statutes are Art10108 1m, xX9, 2368s

, 3399, 3899h.

and 2358-2367,

lnolualve,

Vemum*s .imoteted

Civil Statuter. Hsmtofom, this Department has rendered ssveml opl.nlo~,

oonstruimg

the toawgobg statutes and anwerlng qucstlom rirrilibc

to ths qwttlons prwentod In pour, lnwlry. We call 7oul-

attenttonto our Opiniqns uo. O-770, O-1591,O-1597, C-5753,

and O-3401.and enoloseooplesof these 0pInIoasfor your convenlenos

. ,For ths purposssof this opinion, va deea It ummoessary to quote the foregoIng statutes OF dlsouss them rt lea&h as they am quotedan4 fully dlscusssd In the ‘ Soa’ o@ng opiaims.

Article 1659 authorIs wergen0y'pumhsses. It is wr opfaionttmt the energency purchuses

allovable

voulU be only in such amuat as vould be neoesesry to meet the needs of the couaty,or of an IndlvIdual offloor, du.Wq the tfrm aeoesaax'ily involved

In the purchase of suoh 8upplIesia ooalorrplty vlth the ZitStUtO~ FcquiZ%lSSZlt8. Izt no event c8n suah ecpergoxv~y puxdmse exosed the sus or Oae HundredFifty Ijollsrs ($150.00). IpoersenoY ,?urchsses

sre not requiredto be msde on oompetltlve blds. With the exceptIan@ eaergenoy purohsses

, It Is our opinion that both of the quertlonsstated In your lettershouldbe **ansvemd** In the affimntlve and am SQ ansvered. &tIole 1661, Vernon’s **Annotated** Clvll Statuto3,

provldest "He ohs11 not audft OF approvesny suoh ol.sitp unles): It hss been oontxuotect 0 providcrd by lav.

. . . Ttuquestl~ suttultted inyourImauIry8m very broad and gexierel

Ia the* toms, aad ve belleve that the enolosedoptiionsansver these quest$onra ond ths spsolfIo ansvws glven your questlaar

In this opIaloamebasedoas8Icl oplnicms8nd theeuthorltles

oltod thereIn. Iti

you have any spsafrioquestionon ubloh you dS8il-S our opinl~n, vhea tb 880~ Is prSSOXIt& t0 US vlth sll the ftmts In oonneotlon therevlth,

ve vi11 be glsd to give auoh requcat our further consldembtloa.

Yours very truly, AlTO- (%%XlALOF TEXAS

iW/JCP z&c. 5 - ., -- ,< ? /? ***** **/-** Ax-dell Wllllsms AeslatootL-‘-
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Appellate case name: Brandy Brenay Charles and Ronald Dwayne Whitfield

v. Texas Department of Family and Protective Services

Appellate case number: 01-18-00311-CV

Trial court case number: 2017-02559J

Trial court: 314th District Court of Harris County

On March 22, 2019, appellants Brandy Brenay Charles and Ronald Dwayne 

Whitfield filed a pro se “Motion for Stay of Mandate (for time for nunc pro tunc hearing, 

fraud upon the court, both in this court and in the trial court)” in this case and the related 

appellate cause number 01-18-00485-CV. With respect to this case, this Court’s judgment

was issued on May 8, 2018, and our mandate was issued on December 20, 2018.

However, this Court’s mandate had already issued on December 20, 2018, before 

this motion to stay the mandate was filed. See TEX. R. APP. P. 18.2 (“[a] party may move 

to stay issuance of the mandate pending the United States Supreme Court’s disposition of 

a petition for writ of certiorari”). Accordingly, appellants’ “Motion for Stay of Mandate 

(for time for nunc pro tunc hearing, fraud upon the court, both in this court and in the trial 

court)” is dismissed as moot.

It is so ORDERED.

Judge’s signature: __/s/ Justice Laura C. Higley____________

 x Acting individually Acting for the Panel

Date: ___March 28, 2019______
If this opinion indicates that it is “FOR PUBLICATION,” it is subject to 

revision until final publication in the Michigan Appeals Reports.

-1-

S T A T E O F M I C H I G A N

C O U R T O F A P P E A L S

MICHIGAN STATE POLICE TROOPERS 

ASSOCIATION, INC.,

Plaintiff-Appellant,

UNPUBLISHED

July 16, 2020

v No. 350863

Court of Claims

DEPARTMENT OF STATE POLICE, LC No. 19-000030-MK

Defendant-Appellee.

Before: CAVANAGH, P.J., and BECKERING and GLEICHER, JJ.

BECKERING J. (concurring).

I concur in the result only. 

/s/ Jane M. Beckering
09/08/05

Mercantile Exchange

TUE l4:29 FAX 212 299 Zz98 NYMEA

xe
“New York

orc. Gr
September 6, 2005

VIA ELECTRONIC MAIL AND FACSIMILE TRANSMISSION
Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21" Street, N.W.

Washington, D.C. 20581

RE: Rule Certification. NYMEX Submission 05.156: Renewal of
Temporary NYMEX Incentive Program in Support of the Listing for
Trading of the NYMEX Brent Crude Oil Futures Contract on Dublin
Trading Floor

Dear Ms. Webb:

The New York Mercantile Exchange, Inc. ("NYMEX") is notifying the Commodity
Futures Trading Commission (“CFTC’) of a self-certification filing involving a brief
renewal of a temporary NYMEX incentive program (“Incentive Program”) (that was
implemented in connection with the listing of the NYMEX Brent Crude Oil Futures
Contract (“Brent”) on the Exchange's new Dublin trading floor).

The Incentive Program has most recently included two components. These
components include the following: a travel stipend available to floor traders relocating to
Dublin and to their. clerks; and a waiver of Exchange transaction and clearing fees in the
NYMEX Brent contract, including a waiver of the surcharge charged by the Exchange for
transactions on NYMEX ACCESS@ in the Brent contract. In addition, the Exchange
currently charges a monthly access fee of $100 for non-members who trade directly on
NYMEX ACCESS®. This monthly charge also will be waived during this period for
NYMEX Europe permittees.

Second, the Exchange will continue to provide a stipend of $1,000 (U.S. dollars)
per week to NYMEX Europe permittees and to their clerks. This stipend is intended to
defray in part transportation and living expenses, such as hotel bills, incurred in
connection with establishing trading operations in Dublin. This stipend is based upon a
demonstrated commitment to active involvement in the Brent contract as reflected by a
regular presence on the trading floor. While the stipend will continue to be calculated
on a weekly basis, actual payment will now shift to the end of each calendar month.

Pursuant to Section 5c(c) of the Commodity Exchange Act ("Act") and CFTC
Rule 40.6, the Exchange hereby certifies that the Incentive Program complies with the
Act, including regulations under the Act. The Incentive Program is being renewed,

New York Nlercantle Exchange, Inc:

World Financial Center The New York Mercanite Exchange, Inc, is computed of tivo divistens
One North End Avenuc ‘The NYMEX Division offers crading in eriaie oil, beating vil, unleaded gasoline,
New Yurk, NY 10282-1101 satural gus, slectrecisy, coal, propane, pistinum, and palladium. The COMBX Division

1212) 299-2000 affers wrnding in gold, silver, copper, and alumunnn

go02


09/06/05 TUE 14:29 FAX 212 299 2298 NYMEX

effective September 7, 2005, through September 9, 2005. Should you have any

questions concerning the above, please contact the undersigned at (212) 299-2207.

Very truly yours,

Brian Regan
Vice President & Counsel

cc: Riva Adriance, Esq.
Clarence Sanders, Esq.

@oo3
<PAGE>

                                  EXHIBIT 32.2

                               CERTIFICATION UNDER
                    SECTION 906 OF SARBANES-OXLEY ACT OF 2002

                                  CERTIFICATION

In connection with the annual report of Norske Skog Canada Limited (the
"Company") on Form 40-F for the fiscal year ending December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Ralph Leveton, Chief Financial Officer, of the Company, certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

A.    The Report fully complies with the requirements of section 13(a) or 15(d)
      of the Securities Exchange Act of 1934; and

B.    The information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.

"Ralph Leverton"
-------------------------------------
Ralph Leverton
Vice President, Finance and Chief Financial Officer

March 28, 2005
Case 1:07-cv-05766-GBD Document 3 Filed 06/25/2007 Page 1 of 3Case 1:07-cv-05766-GBD Document 3 Filed 06/25/2007 Page 2 of 3Case 1:07-cv-05766-GBD Document 3 Filed 06/25/2007 Page 3 of 3
<PAGE>   1
                                                                      Exhibit 23


INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos.
2-82662, 2-85336, 2-94926, 33-12280, 33-16088, 33-28764, 33,45474, 33-63289,
33-64039, 33-70960, 333-14529, 333-03139, 333-26149, 333-44495, 333-53175 and
333-40242 each on Form S-8 and Registration Statement Nos. 33-62715, 333-05971,
333-20209, 333-44493, 333-59005, 333-43166, and 333-94971 each on Form S-3 of
our report dated November 1, 2000 (May 21, 2001 as to Note 16) (which report
expresses an unqualified opinion and includes and explanatory paragraph
relating to the restatement of the fiscal 2000 consolidated financial
statements as described in Note 16), appearing in this Annual Report on Form
10-K/A of Robotic Vision Systems, Inc. for the fiscal year ended September 30,
2000.

/s/ DELOITTE & TOUCHE LLP

Boston, Massachusetts
May 21, 2001
Case 7:07-cv-05739-KMK Document 59-7 Filed 06/18/2008 Page 1 of 10
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Case 7:07-cv-05739-KMK Document 59-7 Filed 06/18/2008 Page 10 of 10
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

File Name: 09a0230n.06

Filed: March 26, 2009

Case No. 08-5453

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

PARKHAM INDUSTRIAL

DISTRIBUTORS, INC., DBA ONSITE

WASTE MANAGEMENT CORP.,

IMMEDIATE RESPONSE SPILL

TECHNOLOGIES, LLC,

Plaintiffs-Appellants,

v.

THE CINCINNATI INSURANCE CO., INC.,

Defendant-Appellee.

_______________________________________

)

)

)

)

)

)

)

)

)

)

)

ON APPEAL FROM THE

UNITED STATES DISTRICT

COURT FOR THE WESTERN

DISTRICT OF KENTUCKY

BEFORE: KENNEDY, BATCHELDER, and DAUGHTREY, Circuit Judges.

ALICE M. BATCHELDER, Circuit Judge. Parkham Industrial Distributors, Inc. appeals

the district court’s grant of summary judgment to The Cincinnati Insurance Co., Inc. (“CIC”) on

Parkham’s claims that CIC breached the terms of its insurance contract and showed bad faith in

refusing to defend and indemnify Parkham against a lawsuit brought by Solidification Products

International, Inc. (“SPI”). The district court held that the fraudulent and negligent misrepresentation

claims in SPI’s First Amended Complaint did not allege an “advertising injury” covered by

Parkham’s policy with CIC, and that, even if they did, those claims arose out of a patent

infringement claim and were excluded from coverage. Having granted summary judgment to CIC

on the breach-of-contract claim, the district court subsequently dismissed with prejudice Parkham’s
2

claims of bad faith.

After carefully reviewing the record, the applicable law, the parties’ briefs and counsels’

arguments, we conclude that the district court did not err in granting summary judgment to CIC. As

the district court’s opinion carefully and correctly sets out the law governing the issues raised, and

clearly articulates the reasons underlying its decision, issuance of a full written opinion by this court

would serve no useful purpose. Accordingly, for the reasons stated in the district court’s opinion,

we AFFIRM the district court’s orders granting summary judgment to CIC and dismissing

Parkham’s Complaint.
Case 1:07-cv-04517-AKH Document 34 Filed 08/01/2008 Page 1 of 1
#### The People of the State of New York, Respondent, v David A. Boucher, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction was against the weight of the evidence. From our review of the record, we conclude that the weight of the credible evidence supports the jury verdict and that a different finding would have been unreasonable *(see, People v Bleakley,*69 NY2d 490, 495). Defendant further contends that the trial court erred in failing to instruct the jury regarding the voluntariness of his statements. Because the charge was not requested and no exception was taken to the charge as given, this issue has not been preserved for our review (CPL 470.05 [2]) and we decline to exercise our discretion in the interest of justice (CPL 470.15 [6]). (Appeal from judgment of Onondaga County Court, Burke, J. — robbery, second degree, and another charge.) Present — Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.
Case 1:07-cv-05731-JGK-RLE Document 19 Filed 11/19/2007 Page 1 of 2
Case 1:07-cv-05731-JGK-RLE Document 19 Filed 11/19/2007 Page 2 of 2
Case 1:07-cv-05365-AKH Document 15 Filed 10/15/2007 Page 1 of 7Case 1:07-cv-05365-AKH Document 15 Filed 10/15/2007 Page 2 of 7Case 1:07-cv-05365-AKH Document 15 Filed 10/15/2007 Page 3 of 7Case 1:07-cv-05365-AKH Document 15 Filed 10/15/2007 Page 4 of 7Case 1:07-cv-05365-AKH Document 15 Filed 10/15/2007 Page 5 of 7Case 1:07-cv-05365-AKH Document 15 Filed 10/15/2007 Page 6 of 7Case 1:07-cv-05365-AKH Document 15 Filed 10/15/2007 Page 7 of 7
Clear All

        02 February 2024    

                    U.S. 2nd Fleet hosts Fleet Medical Symposium                 
                NORFOLK, Va. - Commander, U.S. 2nd Fleet Health Service Support team hosted the 2024 Fleet Medical Symposium at Naval Warfare Development Center aboard Naval Station Norfolk, Jan. 30-31, 2024.Vice Adm. Doug Perry, commander, U.S. 2nd Fleet, kicked off the two-day conference speaking about how            

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