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

[875 NYS2d 732]—

*1455Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered August 6, 2004. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]) and assault in the second degree (§ 120.05 [2]). Defendant failed to renew his motion for a trial order of dismissal with respect to the count of depraved indifference murder after presenting evidence and thus failed to preserve for our review his challenge to the legal sufficiency of the evidence with respect to that count *(see People v Hines,*97 NY2d 56, 61 [2001], *rearg denied*97 NY2d 678 [2001]). In any event, defendant’s contention is without merit inasmuch as the evidence is legally sufficient to support the conviction of that count *(see generally People v Bleakley,*69 NY2d 490, 495 [1987]).

Defendant further contends that he was denied the right to effective assistance of counsel based solely on defense counsel’s failure to renew the motion for a trial order of dismissal with respect to the murder count. We reject that contention. “A single error may qualify as ineffective assistance, but only when the error is sufficiently egregious and prejudicial as to compromise a defendant’s right to a fair trial” *(People v Caban,*5 NY3d 143, 152 [2005]). Here, inasmuch as we have concluded that the evidence is legally sufficient to support the conviction of the murder count, it cannot be said that defense counsel’s failure to renew the motion for a trial order of dismissal with respect to that count constitutes ineffective assistance of counsel *(see generally People v Baldi,*54 NY2d 137, 147 [1981]). Present— Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.
```

[Federal Register: August 19, 2002 (Volume 67, Number 160)]
[Notices]
[Page 53781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au02-43]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

Agency Holding The Meeting: Commodity Futures Trading Commission.

Time and Date: 11 a.m., Friday, September 6, 2002.

Place: 1155 21st St., NW., Washington, DC., 9th Floor Conference Room.

Status: Closed.

Matters to be Considered: Surveillance Matters.

Contact Person For More Information: Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 02-21142 Filed 8-15-02; 12:08 pm]
BILLING CODE 6351-01-M
```
SECTION 302 CERTIFICATION (CHIEF EXECUTIVE OFFICER)          Exhibit 31.1
     ---------------------------------------------------

I, Thomas Oliveri, certify that:

1.   I have reviewed this annual report on Form 10-K of Global Payment
     Technologies, Inc. ("GPT");

2.   Based on my knowledge, this annual 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 annual report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this annual 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 annual report;

4.   GPT's other certifying officer and I are responsible for establishing and
     maintaining disclosure controls and procedures (as defined in Exchange Act
     Rules 13a-14 and 15d-14) for GPT and have:

     a)   designed such disclosure controls and procedures to ensure that
          material information relating to GPT, including its consolidated
          subsidiaries, is made known to us by others within those entities,
          particularly during the period in which this annual report is being
          prepared;

     b)   evaluated the effectiveness of GPT's disclosure controls and
          procedures and presented in this annual report our conclusions about
          the effectiveness of the disclosure controls and procedures as of the
          end of the period covered by this annual report based upon 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;

5.   GPT's other certifying officer and I have disclosed, based on our most
     recent evaluation of internal control over financial reporting, to GPT's
     auditors and the audit committee of GPT's board of directors (or persons
     performing the equivalent functions):

     a)   all significant deficiencies and material weaknesses in the design or
          operation of internal controls over financial reporting which are
          reasonably likely to adversely affect GPT'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 GPT's internal controls over
          financial reporting

     Date: DECEMBER 2, 2004               /s/ Thomas Oliveri
           ----------------               ---------------------------------
                                          President, CEO and Director
#### In re: Martin GLEAVE and Hideaki Miyake.

No. 2006-1365.

United States Court of Appeals, Federal Circuit.

Dec. 5, 2006.

MAYER, RADER, and GAJARSA, Circuit Judges.

Judgment

PER CURIAM:

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

*AFFIRMED. See*Fed. Cir. R. 36.
Fiscal Year 2006 CEO Bonus Plan



 EXHIBIT 10.1 
  
 FISCAL YEAR 2006 CEO BONUS PLAN 
  

	(1).	Participant  

  
 CEO 
  

	(2).	Maximum Available 

  
 Up to 60% of CEO’s base salary. 
  

	(3).	Bonus Pool 

  
 The amount of Base Bonus Pool received will be calculated based on the following Performance Areas: Business Development, R&D Clinical Development,
Sales & Marketing, and Corporate Finance. The relative weighting of each area has been determined by management and the Compensation Committee, and the total of all areas in Section 4 is equal to 70% of the Base Bonus Pool. 

 
 In addition up to 30% of the Base Bonus Pool will be allocated by the
Nominating and Governance Committee of the Board of Directors based on the annual CEO Evaluation which will assess the CEO’s leadership skills and accomplishments. 
  

	(4).	Computation of Performance Areas 

  

						
	 	 	 Goal

	  	Percentage of Total

	 
	a.	 	In-license or acquire one late-stage or marketed urology/men’s health product on terms approved by the Board of Directors.	  	25	%
			
	b.	 	Acquire one marketed urology/men’s health product for co-promotion by our specialty sales force on terms approved by the Board of Directors. (Goal can also be satisfied by acquiring a
second product under terms of 4a).	  	25	%
			
	c.	 	Out-license one Indevus product under terms approved by Board of Directors.	  	10	%
			
	d.	 	Complete enrollment in two Phase 3 Sanctura XR trials.	  	15	%
			
	e.	 	Submit NDA for Nebido	  	15	%
			
	f.	 	Cash management:	  	10	%

  
 – Ensure cash on
hand at end of fiscal year is sufficient to last for at least the following 12 months—50% of goal. 
  

 Page 1 








 – Ensure cash on hand at end of fiscal year is sufficient to last for at least the following 18
months—100% of goal. 
  

	(5).	Calculation and Payment 

  
 A recommended calculation of the bonus will be made by management and will be reviewed and approved by the Compensation Committee. Bonuses may be paid
periodically during the fiscal year upon attainment of goals, but not later than October 31, 2006. Payment will be made only to recipients who are still employees of the Company at the time of payment of the bonuses or October 31, 2006,
whichever is earlier. 
  

 Page 2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### National Park Service

# AGENCY:

National Park Service, Interior. 

# ACTION:

Notice of meeting.

# SUMMARY:

This notice sets the schedule for a meeting of the Tallgrass Prairie National Preserve Advisory Committee. Notice of this meeting is required under the Federal Advisory Committee Act (Public Law 92-463). 

# DATE, TIME, AND ADDRESS: 

                        Wednesday, June 27, 2001; 9:00 a.m. until business and public comments are complete; Bazaar Schoolhouse, State Highway 177, Bazaar, Kansas.                               ( print page 31691)    

This business meeting is open to the public. Space and facilities to accommodate members of the public are limited and people will be accommodated on a first-come, first-served basis. An agenda will be available from the Superintendent 1 week prior to the meeting. Attendees are encouraged to participate in these meetings. If you would like to address the committee, please contact the Superintendent by June 22, 2001, at the address or telephone number listed below requesting that your name be added to the agenda. Depending on the number of requests, the Superintendent has the right to limit the amount of time each participant is allowed to address this committee. 

# FOR FURTHER INFORMATION CONTACT:

Steve Miller, Superintendent, Tallgrass Prairie National Preserve, P.O. Box 585, Cottonwood Falls, Kansas 66845; or telephone him at 620-273-6034. 

# SUPPLEMENTARY INFORMATION:

The Tallgrass Prairie National Preserve was established by Public Law 104-333, dated November 12, 1996. 

Dated: May 29, 2001.

William W. Schenk, 

Regional Director, Midwest Region. 

[FR Doc. 01-14788 Filed 6-11-01; 8:45 am] 

BILLING CODE 4310-70-P
S06A1498.

#### TURNER v. THE STATE.

(637 SE2d 384)

SEARS, Chief Justice.

In November 2003, Lewis Edward Turner pled guilty in Rockdale County to felony murder and was sentenced to life in prison. In December 2005, proceeding pro se, Turner filed motions to withdraw his guilty plea and for an out-of-time appeal, based on ineffective assistance of counsel. After a hearing, the trial court dismissed the motion to withdraw the guilty plea because it was not filed during the term of court in which the plea was entered, and denied the motion for an out-of-time appeal because Turner’s ineffective assistance of *436counsel claims could not be resolved by reference to facts appearing in the record. Finding no error, we affirm.

Decided October 30, 2006

Reconsideration denied December 15, 2006.

Lewis E. Turner, *pro se.*

*Richard R. Read, District Attorney, Roberta A. Earnhardt,*As*sistant District Attorney, Thurbert E. Baker, Attorney General, Benjamin H. Pierman, Assistant Attorney General,*for appellee.

1. Turner’s motion to withdraw his guilty plea was clearly untimely. “It is well settled that when the term of court has expired in which a defendant was sentenced pursuant to a guilty plea, the trial court lacks jurisdiction to allow the withdrawal of the plea.”1 Because Rockdale County has four terms of court each year,2 and two full years passed before Turner sought to withdraw his plea, the trial court had no jurisdiction to permit Turner to withdraw his plea.3

2. Next, Turner contends that he is entitled to an out-of-time appeal because his counsel was ineffective for failing to inform him of: (1) his rights under the Uniform Superior Court Rules; (2) his right to appeal his plea; and (3) his right to be appointed counsel to assist him in withdrawing his plea. “An out-of-time appeal is appropriate where, as the result of ineffective assistance of counsel, a timely direct appeal was not taken.”4 In order to be entitled to a direct appeal from his guilty plea, however, whether timely or otherwise, Turner must show that his claims can be addressed and resolved solely by reference to facts contained in the record.5 Turner’s claims of ineffective assistance of counsel, however, cannot be resolved by examining facts appearing in the record, including the plea hearing transcript, and must instead be developed in the context of a post-plea hearing.6 Accordingly, the trial court properly denied Turner’s motion for an out-of-time appeal.7

*Judgment affirmed.*

*All the Justices concur.*

1

*Henry v. State,*269 Ga. 851, 853 (507 SE2d 419) (1998).

2

 OCGA § 15-6-3 (32.1).

3

*Rubiani v. State,*279 Ga. 299 (612 SE2d 798) (2005).

4

*Smith v. State,*266 Ga. 687, 687 (470 SE2d 436) (1996); *Brown v. State,*280 Ga. 658 (2) (631 SE2d 687) (2006).

5

*Smith,*266 Ga. at 687; see also *Caine v. State,*266 Ga. 421, 421 (467 SE2d 570) (1996) (direct appeal from a guilty plea will lie “if, and only if, the questions that he seeks to raise on appeal may be resolved by facts appearing in the record.”).

6

*Coleman v. State,*278 Ga. 493, 494 (604 SE2d 157) (2004).

7

*Heard v. State,*280 Ga. 348, 349 (627 SE2d 12) (2006).
#### Joseph Weldon SMITH, Petitioner-Appellant, v. E.K. McDANIEL, Warden, Respondent-Appellee.

*No.*08-99004.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Oct. 5, 2010.

Filed Oct. 12, 2010.

Gerald Bierbaum, Esquire, Assistant Federal Public Defender, Gary Taylor, Esquire, Assistant Federal Public Defender, Federal Public Defender’s Office, Las Vegas, NV, for Petitioner-Appellant.

Joseph Weldon Smith, Ely, NV, pro se.

Jamie J. Resch, Esquire, Deputy Attorney General, Office of the Nevada Attorney General, Las Vegas, NV, for Respondent-Appellee.

Before: KLEINFELD and GRABER, Circuit Judges, and MOLLOY, District Judge.*

*

 The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation.

ORDER **

Under *Thompson v. Frank,*599 F.3d 1088, 1090 (9th Cir.2010) (per curiam), we lack appellate jurisdiction to review the *279district court’s stay-and-abeyance order. Accordingly, the appeal is DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Exhibit 31.1  CERTIFICATION OF THE PRESIDENT PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT  I, Francis Mailhot, certify that:  1. I have reviewed this quarterly report on Form 10-QSB of Oro Volcanico Corp. for the period ended September 30, 2007;  2. Based on my knowledge, this quarterly 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 quarterly report;  3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the period presented in this quarterly report;  4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:  a. designed such disclosure controls and procedures 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 quarterly report is being prepared;  b. evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and  c. presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;  5. I have disclosed, based on my most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):  a. all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and  b. any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and   6. I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



IN WITNESS WHEREOF, the undersigned has executed this certification as of the 21st day of November, 2007.



/s/ Francis Mailhot

Francis Mailhot

President (Principal Executive and Financial Officer)
Exhibit 10.2


 


ACTION BY WRITTEN CONSENT OF DIRECTORS


 


(Nevada Revised Statutes 78.315(2))


 


of


 


ATLAN MEDIA, INC.,


 


A Nevada Corporation


 





 






 


The undersigned, Directors of ATLAN MEDIA, INC., a Nevada Corporation
(the "Corporation") pursuant to the Bylaws of the Corporation and the Nevada Revised Statutes, hereby consent to the
following actions of the Corporation as of May 6, 2016.


 


1.ISSUANCE OF COMMON STOCK UNDER REGULATION S


 


WHEREAS, pursuant to a meeting on April
9, 2016 by the Board of Directors it was voted upon and agreed to that a total of Nine Million (9,000,000) shares of restricted
common stock should be issued to those Non US Persons named below who helped with building our proprietary ad platform and played
a key role in getting the platform to a world standard;


 


IT IS HEREBY


 


RESOLVED, the Corporation’s Transfer Agent is hereby
instructed to issue a Common Stock certificate marked with a restricted legend titled in the name of the following Non-       Affiliate
Shareholders for services, with an issuance date of April 9, 2016:


 


	Frank Williams	 	 	3,000,000	 
	 	 	 	 	 
	Brad Smith	 	 	2,000,000	 
	 	 	 	 	 
	Tim Buckley	 	 	2,000,000	 
	 	 	 	 	 
	Rachael Knowles	 	 	2,000,000	 
	 	 	 	 	 
	Total	 	 	9,000,000	 



 


		2.	OMNIBUS RESOLUTION



 


RESOLVED FURTHER, that any officer
of the Corporation, and such persons appointed to act on their behalf, are hereby authorized and directed in the name of the Corporation
to do or to cause to be done any and all other acts as they shall deem necessary, appropriate or in furtherance of the full effectuation
of the purposes of each of the foregoing resolution.


 


This Written Consent of the Board of Directors of ATLAN MEDIA,
INC. may be executed in counterparts and each of such counterparts shall constitute one Written Consent, effective as of the date
first written above. This Written Consent may be executed by facsimile and such copy shall be conclusive evidence of the consent
and ratification of the matters contained herein.


 


	/s/ William Atlan	 
	William Atlan, Director	 
	 	 
	/s/ Chris MacDonald	 
	Chris MacDonald, Director	 
	 	 
	/s/ Robert Jordan	 
	Robert Jordan, Director
Exhibit (d)(161)

**FORM OF**

**AMENDMENT TO**

**SUB-ADVISORY AGREEMENT**

**between**

**FIDELITY INTERNATIONAL INVESTMENT ADVISORS**

**and**

**FIDELITY MANAGEMENT & RESEARCH COMPANY**

**and**

**FIDELITY INVESTMENT TRUST ON BEHALF OF FIDELITY LATIN AMERICA FUND**

	This Amendment made as of this __ day of ______, 200_, amends the Sub-Advisory Agreement (the"Agreement"), dated March 1, 2001, by and between Fidelity Management & Research Company, a Massachusettscorporation with principal offices at 82 Devonshire Street, Boston, Massachusetts (hereinafter called the "Advisor");Fidelity International Investment Advisors, a Bermuda company with principal offices at Pembroke Hall, Pembroke,Bermuda (hereinafter called the "Sub-Advisor"); and Fidelity Investment Trust, a Massachusetts business trust, onbehalf of Fidelity Latin America Fund (hereinafter called the "Portfolio").

	WHEREAS the Advisor and Sub-Advisor (the "Parties") wish to clarify their relationship by amending theAgreement in accordance with the terms of this Amendment;

	NOW, THEREFORE, the Parties hereto agree as follows:

	1.  Paragraph 7 of the Agreement is hereby supplemented as follows:

	Nothing in this Agreement will constitute a partnership between the Advisor, the Sub-Advisor and the Trust.Nothing in this Agreement makes the Sub-Advisor an agent of the Advisor or the Trust and the Sub-Adviserhas no authority whatsoever to exercise discretionary powers over the global portfolios and investmentfunds, except as provided pursuant to paragraph 1(b) herein, of the Advisor and the Trust, or otherwise tobind the Advisor's and the Trust's assets under management.

	The Sub-Advisor shall furnish services as an independent contractor and not as an employee or agent of either the Advisor or the Trust.  The Sub-Advisor has no power or authority to act for, represent, or bind theAdvisor or the Trust or any company affiliated with either of them.

	2.****In all other respects, the Agreement is hereby confirmed and remains in full force and effect.

	This Amendment shall be governed by, and construed in accordance with, the laws of the Commonwealth ofMassachusetts, without giving effect to the choice of laws provisions thereof.

	IN WITNESS WHEREOF the parties hereto have caused this instrument to be signed in their behalf by theirrespective officers thereunto duly authorized, and their respective seals to be hereunto affixed, all as of the datewritten above.

[SIGNATURE LINES OMITTED]