alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion filed February 14, 2013

In The

Eleventh Court of Appeals ____________

No. 11-07-00030-CR

__________

STATE OF TEXAS, Appellant

V.

HARVILL BLACKSHERE, Appellee

On Appeal from the 35th District Court

Brown County, Texas

Trial Court Cause No. CR17-488

M E M O R A N D U M O P I N I O N O N R E M A N D

On original submission, this court set aside the order of the trial court and remanded the 

cause for further proceedings. The Court of Criminal Appeals granted the petition for 

discretionary review filed by Harvill Blackshere, reversed the judgment of this court, and 

remanded the cause to this court for further proceedings not inconsistent with its opinion. 

State v. Blackshere, 344 S.W.3d 400 (Tex. Crim. App. 2011). In accordance with the decision of 

the Court of Criminal Appeals, we dismiss the appeal for want of jurisdiction.

As noted by the Court of Criminal Appeals, the State was not authorized to appeal the 

trial court’s order granting the motion to suppress because the motion was granted after jeopardy 
2

had attached. Id. at 404; see TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(5) (West Supp. 2012). 

The Court of Criminal Appeals held that “the trial court’s actions were functionally an acquittal 

for purposes of double jeopardy.” 344 S.W.3d at 409. It is well settled that an acquittal, even if 

erroneous, bars further prosecution and cannot be reviewed on appeal. Sanabria v. United 

States, 437 U.S. 54, 69 (1978); United States v. Sisson, 399 U.S. 267, 289 (1970). Consequently, 

we must dismiss the State’s appeal.

The appeal is dismissed for want of jurisdiction.

PER CURIAM

February 14, 2013

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Willson, J.
[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Notices]
[Page 54085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18294]



[[Page 54085]]

=======================================================================
-----------------------------------------------------------------------

NATIONAL TRANSPORTATION SAFETY BOARD


Meeting Notice

Time and Date: 9:30 a.m., Tuesday, September 20, 2005.

Place:  NTSB Board Room, 429 L'Enfant Plaza, S.W., Washington, DC 
20594.

Status: The one item is Open to the Public.

Matter to be Considered: 
5299R--Most Wanted Safety Recommendations Program--2005 Update on State 
Issues.

News Media Contact: Telephone: (202) 314-6100.
    Individuals requesting specific accommodations should contact Ms. 
Carolyn Dargan at (202) 314-6305 by Friday, September 16, 2005.
    The public may view the meeting via a live or archived webcast by 
accessing a link under ``News & Events'' on the NTSB home page at 
http://www.ntsb.gov.

FOR MORE INFORMATION CONTACT: Vicky D'Onofrio, (202) 314-6410.

    Dated: September 9, 2005.
Vicky D'Onofrio,
Federal Register Liaison Officer.
[FR Doc. 05-18294 Filed 9-9-05; 3:57 am]
BILLING CODE 7533-01-M
WEBER, HODGES & GODWIN COMMERCIAL REAL ESTATE SERVICES, LLC v. John D. COOK and Rose B. Cook.

No. 529P07.

Supreme Court of North Carolina.

April 10, 2008.

G. Gray Wilson, Winston-Salem, for Cook.

William H. Gifford, Jr., for Real Estate Services.

*ORDER*

Upon consideration of the petition filed on the 31st day of October 2007 by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

*552"Denied by order of the Court in conference, this the 10th day of April 2008."
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 Quarterly Report of June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the date indicated below, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:



(1)     The report fully complies with the requirements of Section 13(a) or 15(d) 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:  August 12, 2009 | By:                                   
|----------------------- | --------------------------------------
|                        | RALPH M. AMATO
Chief Executive Officer
STATE of North Carolina v. Gary Maurice WALTERS.

No. 344PA14.

Supreme Court of North Carolina.

Nov. 5, 2015.

Mr. Paul F. Herzog, Fayetteville, for Walters, Gary Maurice.

Ms. Mary Carla Babb, for State of North Carolina.

Mr. L. Johnson Britt, III, District Attorney.

*ORDER*

Upon consideration of the petition filed by State of NC on the 19th of September 2014 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Allowed by order of the Court in conference, this the 5th of November 2015."

Ervin, J. recused.

Upon consideration of the petition filed on the 19th of September 2014 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Allowed by order of the Court in conference, this the 5th of November 2015."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).
**Exhibit 99.19**

**CONSENT OF CHRISTIAN ARDILES**

Reference is made to the Annual Report on Form 40-F and the documents incorporated by reference therein (the “40-F”) of Goldcorp Inc. (the “Company”) for the fiscal year endedDecember 31, 2011, and any amendments thereto, to be filed with the United States Securities and Exchange Commission pursuant to the United States Securities Exchange Act of 1934, as amended, and the Annual Information Form (the“AIF”) and Management’s Discussion and Analysis (“MD&A”) of the Company for the year then ended, which are filed as exhibits to and incorporated by reference in the 40-F. 

I hereby consent to the references to, and the information derived from or related to, the following report(s) and to the references, asapplicable, to my name in connection with (including, as an expert or “qualified person”) the following report(s) and documents: 

The 40-F, the MD&A and the AIF, which include references in connection with updated scientific or technical information provided since the date of the technical report dated March 21, 2011,entitled “Goldcorp Inc., Marlin Gold Operation, Department of San Marcos, Guatemala, NI 43-101 Technical Report” (the “Marlin Report”) relating to such Marlin Report and the Marlin Mine, and the properties described therein.

I also hereby consent to the incorporation by reference of such information contained in the 40-F, the MD&A and the AIFinto Registration Statement Nos. 333-126038, 333-126039, 333-126040, 333-138760, 333-151243, 333-151251 and 333-174376 on Form S-8 of the Company. 

Date: March 30, 2012
NO. 07-08-0329-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL A

	AUGUST 20, 2008

	______________________________

	ALLEN LEE BELL, APPELLANT

	V.

	THE STATE OF TEXAS, APPELLEE

	_________________________________

	FROM THE 106TH DISTRICT COURT OF GARZA COUNTY;

	NO. 04-2216; HONORABLE CARTER T. SCHILDKNECHT, JUDGE

	_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

	ON ABATEMENT AND REMAND

	Appellant, Allen Lee Bell, appeals his conviction for sexual assault and sentence of 10 years incarceration in the Institutional Division of the Texas Department of Criminal Justice.  Because of conflicting information contained in the clerk’s record for this cause, we abate and remand to the trial court for clarification.

	After a careful examination of the clerk’s record in this cause, we are unable to determine the date sentence was imposed in open court.  The Judgment indicates that appellant was sentenced on June 8, 2008.  Appellant’s notice of appeal is dated July 29, 2008.  Based on the date of sentencing identified in the Judgment, appellant’s notice of appeal was untimely filed.  However, the clerk’s record also contains a copy of the trial court’s docket, which states that the case was called and heard on July 8, 2008.  Further, there are two interlineations contained in the Judgment that change a pre-printed June 8 date to July 8.  Because the date sentence is imposed in open court is essential in determining the time in which an appeal may be perfected, see Tex. R. App. P. 26.2(a), we abate and remand the cause to the 106th District Court of Garza County for a determination of the appropriate sentencing date.  See Flores v. State, No. 07-06-0349-CR, 2006 Tex.App. LEXIS 9081, at *1-*2 (Tex.App.–Amarillo 2006, no pet.). 

	Upon remand, the trial court shall determine the date that sentence was imposed in open court in this cause.  The trial court shall also cause to be developed a supplemental clerk’s record containing a finding of fact identifying the date upon which appellant’s sentence was imposed in open court.  The trial court shall cause the supplemental clerk’s record to be filed with the clerk of this court on or before September 12, 2008.  Should additional time be needed to perform these tasks, the trial court may request same on or before September 12, 2008.

	It is so ordered.

								Per Curiam

Do not publish.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           3,552
<SECURITIES>                                     5,445
<RECEIVABLES>                                  101,255
<ALLOWANCES>                                         0
<INVENTORY>                                     12,875
<CURRENT-ASSETS>                               144,547
<PP&E>                                         216,594
<DEPRECIATION>                                  61,475
<TOTAL-ASSETS>                                 439,045
<CURRENT-LIABILITIES>                           50,237
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           512
<OTHER-SE>                                     325,504
<TOTAL-LIABILITY-AND-EQUITY>                   439,045
<SALES>                                        266,437
<TOTAL-REVENUES>                               291,046
<CGS>                                          240,525
<TOTAL-COSTS>                                  240,525
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                12,574
<INTEREST-EXPENSE>                               3,034
<INCOME-PRETAX>                                 34,913
<INCOME-TAX>                                    12,986
<INCOME-CONTINUING>                             21,927
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    21,927
<EPS-PRIMARY>                                      .42
<EPS-DILUTED>                                      .41
        

</TABLE>
STATE v. John Edward BUTLER.

No. 629P01-3.

Supreme Court of North Carolina.

Aug. 20, 2015.

John Edward Butler, Maury, for Butler, John Edward.

Kathleen N. Bolton, Assistant Attorney General, for State of N.C.

L. Johnson Britt, III, District Attorney, for State of N.C.

**Opinion**

The following order has been entered on the motion filed on the 17th of July 2015 by Defendant for Petition for N.C. Supreme Court Review:

> *209"Motion Dismissed by order of the Court in conference, this the 20th of August 2015."
Exhibit 32.2





CERTIFICATION OF CHIEF FINANCIAL OFFICER



I, Ralph M. Amato, Chief Financial Officer of BoysToys.com, Inc. (the "Registrant'), do hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:



1. This Quarterly Report on Form 10-QSB of the Registrant for the period ending September 30, 2006 (the "Report") fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.





|Date:November 14, 2007 | By:/s/ Ralph M. AmatoRalph M. Amato
Chief Financial Officer
|---------------------- | -----------------------------------------------------------
|                       |
# CE2004078EN.01019002.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/190 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/190

---

(2004/C 78 E/0197)

WRITTEN QUESTION E-2927/03

by Michl Ebner (PPE-DE) to the Commission

(6 October 2003)

Subject:   Urgent need to expand voluntary fire services

Subject:

Mediterranean countries have again been hit this summer by devastating forest and bush fires. Large numbers of people have fallen victim to fires in Portugal and the south of France, which have been unusually frequent and have affected an unusually wide area. Enormous damage has also been caused both to the natural environment and the economy. It was only by deploying large numbers of personnel, and thanks to the help of numerous volunteers, that the fires were able to be brought under control. Discussions on the possibility of promoting the use of voluntary fire services date back to 1996.

To what extent is expansion of voluntary fire services, such as already exist in the South Tyrol, Austria and Germany, planned? Is such expansion also supported in Mediterranean countries?

Answer given by Mrs Wallström on behalf of the Commission

(30 October 2003)

(30 October 2003)

The Commission fully agrees with the Honourable Member regarding the role and the importance of volunteers and non-governmental organisations (NGOs) involved in the field of civil protection.

It appreciates the great work done by voluntary fire-fighters during the summer facing the overwhelming fires, especially in the southern Member States.

Already in 2002 a Union project on the role of non-governmental volunteers in the field of civil protection was finalised. This was conducted within the framework of the civil protection action programme (1). (Its results can be accessed on the website of the civil protection unit within Directorate General Environment: http://europa.eu.int/comm/environment/civil/).

1

The project aimed at identifying the civil protection structure in the Member States and how the competent authorities could best benefit from NGOs or volunteers experience while including them in the civil protection system.

In the present action programme the Commission foresees for next year an activity to raise the awareness for volunteering in civil protection, obviously including the sector of volunteer fire fighting.

Finally, the Commission is open to any kind of initiative in this field, taking duly into account the principle of subsidiarity.

---

(1)  Council Decision 1999/847/EC of 9 December 1999 establishing a Community action programme in the field of civil protection, OJ L 327, 21.12.1999.

1

---
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 Quarterly Report of June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the date indicated below, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:



(1) 	The report fully complies with the requirements of Section 13(a) or 15(d) 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:  August 10, 2011 | By:  /s/  Ralph M. Amato
RALPH M. AMATO
Chief Executive Officer
|----------------------- | ---------------------------------------------------------------
Deborah Hampton BIRD v. James Calvin BIRD, II.

No. 545A08.

Supreme Court of North Carolina.

February 5, 2009.

Lee M. Cecil, High Point, for Deborah Bird.

Arlene Reardon, High Point, for James Bird.

Prior report: ___ N.C.App. ___, 668 S.E.2d 39.

*ORDER*

Upon consideration of the petition for discretionary review, filed by Plaintiff on the 9th day of December 2008 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Allowed by order of the Court in conference, this the 5th day of February 2009."

Accordingly, the new brief of the Plaintiff shall be filed with this Court not more than 30 days from the date of certification of this order.

Plaintiff shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.
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

In connection with the Annual Report of RAIT Financial Trust (the
Company) on Form 10-K for the fiscal ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jack E. Salmon, 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:



|(1) | The Report fully complies with the requirements of section 13(a) or 15(d) 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/    Jack E. SalmonJack E. Salmon Chief
Financial Officer


March 1, 2010
<PAGE>   1

                                                                   Exhibit 4.05


                          MOTIVEPOWER INDUSTRIES, INC.
                                FOURTH AMENDMENT
                           DATED AS OF AUGUST 22, 1997
                TO RIGHTS AGREEMENT DATED AS OF JANUARY 19, 1996
        AND AMENDED AS OF APRIL 5, 1996, JUNE 20, 1996 AND JULY 25, 1996

     AMENDMENT dated as of August 22, 1997 to the Rights Agreement (the "Rights
Agreement") dated as of January 19, 1996 and Amended as of April 5, 1996, June
29, 1996 and July 25, 1996 between MotivePower Industries, Inc., formerly MK
Rail Corporation, a Delaware corporation (the "Company"), and Chemical Mellon
Shareholder Services, L.L.C. (the "Rights Agent").

     Pursuant to resolutions adopted by the Board of Directors of the Company on
August 22, 1997 and the authority vested in the Board of Directors of the
Company by Section 27 of the Rights Agreement, the Rights Agreement is hereby
amended as follows:

     Section 7. Exercise of Rights; Purchase Price; Expiration Date of Rights,
Subsection (a)(i) is hereby deleted and replaced in its entirety as follows:

          (a)(i) the close of business on August 22, 2007 (the "Final Expiration
     Date")

     Section 7. Exercise of Rights; Purchase Price; Expiration Date of Rights,
Subsection (b) is hereby deleted and replaced in its entirety as follows:

          (b) Effective as of August 22, 1997 Purchase Price for each one
     one-hundredth of Preferred Share purchasable pursuant to the exercise of a
     Right shall be $80.00, and shall be subject to adjustment from time to time
     as provided in Section 11 or 13 hereof and shall be payable in lawful money
     of the United States of America in accordance with paragraph (c) below.

IN WITNESS WHEREOF, the undersigned have caused this Amendment to be duly
executed and attested, all as of the day and year first above written.

                                      MOTIVEPOWER INDUSTRIES, INC.
                                      (formerly MK Rail Corporation)

Attest:

By:                                   By:
    ----------------------------         ---------------------------
Jeannette Fisher-Garber               John C. Pope
Secretary                             Chairman

                                      CHEMICAL MELLON SHAREHOLDER
                                      SERVICES, L.L.C. now known as ChaseMellon
                                      Shareholder Services, L.L.C.
Attest:
By:                                   By:
    ----------------------------         ---------------------------
Name:                                 Name:
Title:                                Title:
Clorey E. FRANCE, Plaintiff v. N.C. DEPARTMENT OF PUBLIC SAFETY, Defendant.

No. COA15-190.

Court of Appeals of North Carolina.

Dec. 15, 2015.

**Case Reported Without Published Opinion**

Affirmed.
<PAGE>

                                                                    EXHIBIT 32.2

CERTIFICATION

            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                    (Subsections (a) and (b) of Section 1350,
                   Chapter 63 of Title 18, United States Code)

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a)
and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of Western Wireless Corporation, a Washington corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

     The Quarterly Report on Form 10-Q for the three and six months ended June
     30, 2004 (the "Form 10-Q") of the Company fully complies with the
     requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
     1934 and information contained in the Form 10-Q fairly presents, in all
     material respects, the financial condition and results of operations of the
     Company.

Dated:  August 6, 2004

                                           By:     /s/ M. WAYNE WISEHART
                                                   -----------------------------
                                                   M. Wayne Wisehart
                                                   Executive Vice President and
                                                   Chief Financial Officer

     The foregoing certification is being furnished solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350,
Chapter 63 of Title 18, United States Code).