alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-A10008-18

____________________________________

* Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

Appellee

v.

DAVID PAUL CUGNO 

Appellant

:

:

:

:

:

:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

No. 2451 EDA 2017

Appeal from the Judgment of Sentence March 30, 2017

In the Court of Common Pleas of Montgomery County

Criminal Division at No(s): CP-46-CR-0000598-2015

BEFORE: GANTMAN, P.J., McLAUGHLIN, J., and RANSOM*, J.

MEMORANDUM BY GANTMAN, P.J.: FILED JULY 03, 2018

Appellant, David Paul Cugno, appeals from the judgment of sentence

entered in the Montgomery County Court of Common Pleas, following his 

bench trial conviction for driving under the influence of a controlled substance 

or a combination of drugs (“DUI”).

1

 We affirm.

In its opinion, the trial court correctly set forth the relevant facts and 

some of the procedural history of this case. We add that Appellant timely filed 

a notice of appeal on July 31, 2017. The trial court did not order and Appellant 

did not file a concise statement of errors complained of on appeal pursuant to 

Pa.R.A.P 1925(b). 

Appellant raises the following issue for our review:

DID THE TRIAL COURT ERR IN DENYING APPELLANT A JURY 

____________________________________________

1 75 Pa.C.S.A. § 3802(d)(2). 
J-A10008-18

- 2 -

TRIAL FOR A FIRST OFFENSE DUI BECAUSE A DUI IS 

COMMENCED BY THE FILING OF A BILL OF INFORMATION 

AND ARTICLE I SECTION 9 OF THE PENNSYLVANIA 

CONSTITUTION GUARANTEES A RIGHT TO A PUBLIC TRIAL 

BY AN IMPARTIAL JURY OF THE VICINAGE, WHEN THE

PROSECUTION IS STARTED BY INDICTMENT OR BILL OF 

INFORMATION?

(Appellant’s Brief at 3). 

After a thorough review of the record, the briefs of the parties, the 

applicable law, and the well-reasoned opinion of the Honorable Thomas C. 

Branca, we conclude Appellant’s issue merits no relief. The trial court opinion 

comprehensively discusses and properly disposes of the question presented. 

(See Trial Court Opinion, filed August 16, 2017, at 4-14) (finding: 

Pennsylvania law has repeatedly held that defendant has no right to jury trial 

for DUI offense, where maximum penalty is six months’ incarceration; crimes 

that carry maximum sentence of six months’ imprisonment or less are 

considered “petty offenses” for which no right to jury trial exists; 

notwithstanding language of Article I Section 9 of the Pennsylvania 

Constitution, on which Appellant relies, Pennsylvania appellate courts have 

repeatedly held that defendant is not entitled to jury trial for first offense DUI 

under United States and Pennsylvania Constitutions; maximum penalty for 

Appellant’s DUI offense is six months’ imprisonment; thus, Appellant was not 
J-A10008-18

- 3 -

entitled to jury trial). Accordingly, we affirm on the basis of the trial court 

opinion. 

Judgment of sentence affirmed. 

Judge McLaughlin joins this memorandum.

Judge Ransom did not participate in the consideration or decision of this 

case.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 7/3/18
Circulated 06/20/2018 03:57 PM
Derek WOOLLAM, petitioner, v. MASSACHUSETTS.

No. 17-8123.

Supreme Court of the United States

April 16, 2018.

Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Hooker Furniture Corporation (the Company) Annual Report on Form 10-K for the fiscal year ending November 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Paul B. Toms, Jr., Chief Executive 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 (Section 906), that, to the
best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |     |  |                                     
|----------------------- |  | --- |  | ------------------------------------
|Date: February 28, 2006 |  | By: |  | /s/ Paul B. Toms, Jr.               
|                        |  |     |  | Paul B. Toms, Jr.                   
|                        |  |     |  | Chairman and Chief Executive Officer
EXHIBIT 32.b



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Boston Capital Tax Credit Fund II Limited Partnership (the "Partnership") on Form 10-Q for the period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Marc N. Teal, Principal Financial Officer of the general partner of the general partner of the Partnership's general partner, C&M Management Inc., certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge, after due inquiry:



|(1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities and Exchange Act of 1934; and                              
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------
|    |                                                                                                                                                        
|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Partnership.



|                |  |                            
|--------------- |  | ---------------------------
|Date:           |  |                            
|August 20, 2007 |  | /s/ Marc N. Teal           
|                |  |                            
|                |  | Marc N. Teal               
|                |  | Principal Financial Officer



A signed original of this written statement required by Section 906, or other

document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
Frantz CLEMENT, petitioner, v. UNITED STATES.

No. 17-8771.

Supreme Court of the United States

June 4, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
# C_2009082EN.01003702.xml

| 4.4.2009 | EN | Official Journal of the European Union | C 82/37 |
| --- | --- | --- | --- |

4.4.2009

EN

Official Journal of the European Union

C 82/37

---

Action brought on 3 February 2009 — Moschonaki v European Foundation for the Improvement of Living and Working Conditions

(Case F-10/09)

(2009/C 82/66)

Language of the case: French

Parties

Applicant: Chrysanthe Moschonaki (Brussels, Belgium) (represented by: N. Lhoëst, lawyer)

Applicant:

Defendant: European Foundation for the Improvement of Living and Working Conditions (Eurofound)

Defendant:

Subject-matter and description of the proceedings

First, application for annulment of the decision rejecting the applicant's complaint of psychological harassment against the head of Human Resources and, secondly, application for an order that the defendant must pay the applicant compensation for the harm suffered.

Form of order sought

The applicant claims that the Tribunal should:

| — | Annul the decision of the Director of the Foundation of 29 February 2008 rejecting the applicant's complaint of harassment against the head of Human Resources; |
| --- | --- |

—

Annul the decision of the Director of the Foundation of 29 February 2008 rejecting the applicant's complaint of harassment against the head of Human Resources;

| — | So far as necessary, annul the express decision of the Foundation of 24 October 2008 rejecting the complaint brought by the applicant under Article 90(2) on 27 June 2008; |
| --- | --- |

—

So far as necessary, annul the express decision of the Foundation of 24 October 2008 rejecting the complaint brought by the applicant under Article 90(2) on 27 June 2008;

| — | order the Foundation to pay the applicant compensation assessed provisionally at EUR 100 000; |
| --- | --- |

—

order the Foundation to pay the applicant compensation assessed provisionally at EUR 100 000;

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

---
Calvin COLEMAN, petitioner, v. UNITED STATES.

No. 17-1154.

Supreme Court of the United States

June 18, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
BERNSTEIN, SHUR, SAWYER & NELSON, P.A., et al., petitioners, v. Susan R. SNOW.

No. 17-1279.

Supreme Court of the United States

June 25, 2018.

*2679Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

Board of Directors 

Quepasa Corporation and Subsidiaries 

We hereby consent to the incorporationby reference in the registration statements of Quepasa Corporation on Form S-3, No. 333-40574, and Form S-8, No’s 333-118645, 333-88271 and 333-93637, of our report dated April 17, 2007 relating to the consolidated financialstatements of Quepasa Corporation and subsidiaries as of December 31, 2006 and for the year then ended, which appears in this Form 10-KSB. 

/s/Perelson Weiner LLP 

New York, New York 

April 17, 2007
Zack Zafer DYAB, petitioner, v. UNITED STATES.

No. 17-5268.

Supreme Court of the United States

Oct. 2, 2017.

*240Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
# EUR-Lex - 22007A0530(02) - EN

Important legal notice

*|*

# 22007A0530(02)

**Agreed minutes between the European Community and the Kingdom of Thailand **

*
Official Journal L 138 , 30/05/2007 P. 0013 - 0013 *

Agreed minutes

between the European Community and the Kingdom of Thailand

Negotiations under Article XXVIII of GATT 1994 relating to the modification of concessions with respect to poultry provided for in EC Schedule CXL annexed to GATT 1994.

In the negotiations between the European Community (hereinafter "EC") and the Kingdom of Thailand (hereinafter "Thailand") under Article XXVIII of GATT 1994 for the modification of concessions with respect to poultry provided for in EC Schedule CXL annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994), the Delegations of the Commission of the European Communities and Thailand reached the Agreement outlined below.

1. Bound Rates of Duty: the bound rate of duty for items 02109020 (currently 02109939) and 16023219 shall be EUR 1300/tonne and EUR 1024/tonne respectively.

2. Tariff Rate Quotas (TRQs): the EC shall open the following annual TRQs:

(a) for item 02109020 (salted) a quota of 264245 tonnes, of which 92610 tonnes shall be allocated to Thailand. The in-quota rate shall be 15,4 % ad valorem;

(b) for item 16023219 (cooked) a quota of 250953 tonnes, of which 160033 tonnes shall be allocated to Thailand. The in-quota rate shall be 8 % ad valorem.

3. Imports under the TRQs referred to in paragraph 2 shall take place on the basis of certificates of origin issued in a non-discriminatory way by the competent authorities in Thailand.

4. The concessions contained in the present Agreement shall be subject to the modalities eventually agreed to in the DDA of WTO.

5. The quota volumes allocated among the countries with principal supplying interest and substantial interest shall follow the general principles of GATT Article XIII. The concessions that may result from the application of such principles shall not be less favourable than those negotiated under the present Agreement.

6. The two Parties commit themselves to implement the provisions of this Agreement as soon as possible in accordance to their internal procedures.

7. At the request of either Party to the present Agreement, consultations shall take place in relation to the implementation of the present Agreement.

Done at Brussels on the twenty-ninth day of May in the year two thousand and seven.

For the European Community

+++++ TIFF +++++

For the Kingdom of Thailand

+++++ TIFF +++++

--------------------------------------------------
NATIONAL LABOR RELATIONS BOARD, petitioner, v. PJ CHEESE, INC.

No. 16-800.

Supreme Court of the United States

May 29, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
James W. RICHARDS, IV, petitioner, v. UNITED STATES.

No. 17-701.

Supreme Court of the United States

June 28, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied.
Kelly Wooderson BURKETT, petitioner, v. UNITED STATES.

No. 17-5289.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Exhibit 99.2



                      Statement of Chief Financial Officer
         Pursuant to Section 1350 of Title 18 of the United States Code


Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned,
Davis Woodward, the Vice President of Finance, Secretary and Chief Financial
Officer of Surgical Laser Technologies, Inc., hereby certifies that:


         1.    The Company's Form 10-Q Quarterly Report for the period ended
               September 29, 2002 (the "Report") fully complies with the
               requirements of Section 13 (a) of the Securities Exchange Act of
               1934; and

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




Dated:   November 12, 2002            /s/  Davis Woodward
                                      Davis Woodward, Vice President of Finance,
                                      Chief Financial Officer and Secretary
The CLEVELAND CLINIC FOUNDATION, et al., petitioners, v. TRUE HEALTH DIAGNOSTICS LLC.

No. 17-997.

Supreme Court of the United States

June 11, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

February 4, 2020

a0127 

# Order

Clerk February 4, 2020

158581

MICHIGAN HEAD & SPINE INSTITUTE, PC,

Plaintiff

- Appellee,

v SC: 158581

COA: 340656

Oakland CC: 2017

- 160314

- NF

HASTINGS MUTUAL INSURANCE COMPANY,

Defendant

- Appellant.

__________________________________________/

By order of April 2, 2019, t he application for leave to appeal the September 18,

2018 judgment of the Court of Appeals was held in abeyance pending the decision in

Jawad A Shah, MD, PC v State Farm Mut Auto Ins Co (Docket No. 157951). On order

of the Court, leave to appeal having be en denied in Shah on October 25, 2019, 504 Mich

___ (2019), the application is again considered, and it is DENIED, because we are not

persuaded that the question presented should be reviewed by this Court.
Tony Ray PLEDGE, petitioner, v. UNITED STATES.

No. 17-8626.

Supreme Court of the United States

May 29, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3987 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 3987

To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act 
  to provide relief to nonbanks from certain stress test requirements 
                            under such Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2019

    Mr. Loudermilk (for himself and Mr. Perlmutter) introduced the 
   following bill; which was referred to the Committee on Financial 
Services, and in addition to the Committee on Agriculture, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act 
  to provide relief to nonbanks from certain stress test requirements 
                            under such Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alleviating Stress Test Burdens to 
Help Investors Act''.

SEC. 2. STRESS TEST RELIEF FOR NONBANKS.

    Section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (12 U.S.C. 5365(i)(2)) is amended--
            (1) in subparagraph (A), by striking ``are regulated by a 
        primary Federal financial regulatory agency'' and inserting: 
        ``whose primary financial regulatory agency is a Federal 
        banking agency or the Federal Housing Finance Agency'';
            (2) in subparagraph (C), by striking ``Each Federal primary 
        financial regulatory agency'' and inserting ``Each Federal 
        banking agency and the Federal Housing Finance Agency''; and
            (3) by adding at the end the following:
                    ``(D) SEC and cftc.--The Securities and Exchange 
                Commission and the Commodity Futures Trading Commission 
                may each issue regulations requiring financial 
                companies with respect to which they are the primary 
                financial regulatory agency to conduct periodic 
                analyses of the financial condition, including 
                available liquidity, of such companies under adverse 
                economic conditions.''.
                                 <all>
```
Jeffri Tyrone ROBERTS, petitioner, v. John N. KATAVICH, Warden.

No. 17M6.

Supreme Court of the United States

Oct. 2, 2017.

Motion to direct the Clerk to file a petition for a writ of certiorari out of time denied.
EXHIBIT 10.1

AZTAR CORPORATION
2390 East Camelback Road, Suite 400
Phoenix, Arizona 85016
February 16, 2006

Mr. Nelson W. Armstrong, Jr.
Vice President, Administration
   and Secretary
Aztar Corporation
2390 East Camelback Road, Suite 400
Phoenix, Arizona  85016
Dear Mr. Armstrong:
Referring to your severance letter agreement with Aztar Corporation (the "Corporation") dated July 18, 1995 and amended March 24, 1998 and December 29, 2005 (the "Severance Agreement"), the Corporation, on February 7, 2006, agreed to amend Section 1. Term of Severance Agreement by replacing the last sentence with the following:
As of February 7, 2006, the Term of the Severance Agreement shall extend to March 31, 2007.
If this letter sets forth our agreement with respect to the amendment of your Severance Agreement, kindly sign and return to the Corporation the enclosed copy of this letter, which will then constitute our agreement on this subject and an amendment of your Severance Agreement.

| | Sincerely,                                                                                                                                       
| | -------------------------------------------------------------------------------------------------------------------------------------------------
| | AZTAR CORPORATION
By: ROBERT M. HADDOCK
Name:  Robert M. Haddock
Title:   Chairman of the Board, President
           And Chief Executive Officer

Agreed to this 16th day of February 2006NELSON W. ARMSTRONG, JR.
Nelson W. Armstrong, Jr.
Adrian Efrain ONTIVEROS-CEDILLO, petitioner, v. UNITED STATES

Martin Bolanos-Galvan, aka Martine Alvarad, aka Martin Galvan Bolanos, aka Martin Bolanos Galvan, petitioner, v. United States.

No. 17-6721.

Supreme Court of the United States

May 14, 2018.

*1985Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Paul Gregory WILES, petitioner, v. UNITED STATES.

No. 16-9174.

Supreme Court of the United States

Oct. 2, 2017.

Petition for rehearing denied.
EXHIBIT 21.1

                                  SUBSIDIARIES

As of March 31, 2006, the following were the Registrant's significant operating
subsidiaries:


Name:   Rex Tokyo Co Ltd

Country of Organization:   Japan

Percent Ownership by Registrant:   60.5% by IA Global, Inc.



Name:   Collobration Co Ltd.

Country of Organization:   Japan

Percent Ownership by Registrant:   100.0% by Rex Tokyo Co Ltd



Name:   Double R, Inc.

Country of Organization:   Japan

Percent Ownership by Registrant:   100.0% by Rex Tokyo Co Ltd



Name:   Global Hotline, Inc.

Country of Organization:   Japan

Percent Ownership by Registrant:   100.0% by IA Global, Inc.



Name:   Inforidge Co Ltd

Country of Organization:   Japan

Percent Ownership by Registrant:   100.0% by Global Hotline, Inc.



Name:   IA Partners Co Ltd

Country of Organization:   Japan

Percent Ownership by Registrant:   100.0% by Global Hotline, Inc.