alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-08-00017-CR

______________________________

PATRICK LEE WALKER, Appellant

V.

THE STATE OF TEXAS, Appellee

 

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 34851-B

 

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter
2

MEMORANDUM OPINION

Patrick Lee Walker has appealed from his open plea of guilty to the offense of theft over

$1,500.00. He was sentenced by the trial court to one year's confinement.

On appeal, Walker contends that his sentence is disproportionate to the crime and violates

societal norms, thus violating the Eighth Amendment, citing Kennedy v. Louisiana, ___ U.S. ___,

128 S.Ct. 2641 (2008). To preserve such complaint for appellate review, Walker must have

presented to the trial court a timely request, objection, or motion that stated the specific grounds for

the desired ruling, or the complaint must be apparent from the context. See TEX. R. APP. P.

33.1(a)(1); Harrison v. State, 187 S.W.3d 429, 433 (Tex. Crim. App. 2005); Williams v. State, 191

S.W.3d 242, 262 (Tex. App.—Austin 2006, no pet.) (claims of cruel and unusual punishment must

be presented in timely manner); Nicholas v. State, 56 S.W.3d 760, 768 (Tex. App.—Houston [14th

Dist.] 2001, pet. ref'd) (failure to complain to trial court that sentences were cruel and unusual

waived claim of error for appellate review). We have reviewed the record of the trial proceeding.

No relevant request, objection, or motion was made. And, while this Court has held that a motion

for new trial is an appropriate way to preserve this type of claim for review (see Williamson v. State,

175 S.W.3d 522, 523–24 (Tex. App.—Texarkana 2005, no pet.); Delacruz v. State, 167 S.W.3d 904

(Tex. App.—Texarkana 2005, no pet.)), Walker's motion for new trial did not contain an allegation

that the sentence was disproportionate to the offense. He has not preserved such an issue for appeal.
3

Therefore, we affirm the trial court's judgment.

Jack Carter

Justice

Date Submitted: August 28, 2008

Date Decided: August 29, 2008

Do Not Publish
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000930810
<NAME> RECKSON OPERATING PARTNERSHIP, L.P.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          41,289
<SECURITIES>                                         0
<RECEIVABLES>                                  122,631
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               163,920
<PP&E>                                       2,499,972
<DEPRECIATION>                                (189,482)
<TOTAL-ASSETS>                               2,893,374
<CURRENT-LIABILITIES>                           90,544
<BONDS>                                      1,390,393
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    413,126
<COMMON>                                       871,805
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 2,893,374
<SALES>                                        156,414
<TOTAL-REVENUES>                               166,953
<CGS>                                                0
<TOTAL-COSTS>                                   59,070
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              32,846
<INCOME-PRETAX>                                 40,819
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             40,819
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    25,258
<EPS-BASIC>                                      .53
<EPS-DILUTED>                                        0


</TABLE>
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 9, 2008 Clifford W. Taylor,

 Chief Justice 

136477 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

v SC: 136477 

 COA: 276889 

Wayne CC: 06-008210-01

FREDRICK ALLEN ROBINSON,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 10, 2008 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

s0828 

I, Corbin R. Davis, 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. 

September 9, 2008 

 Clerk
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

Curtis Eugene Taylor

, * From the 35th District

Court of Brown County,

Trial Court No. CR21349

.

Vs. No. 11

- 13

- 00169

- CR * December 19, 2013

The State of Texas, * Per Curiam Memorandum Opinion

(Panel consists of: Wright, C.J.,

Willson , J. , and Bailey, J. )

This court has considered Curtis Eugene Taylor’s motion to dismiss his appeal

and concludes that the motion sh ould be granted. Therefore, in accordance with this

court ’ s opinion, the appeal is dismissed.
[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Notices]
[Page 54070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18197]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AK-910-1310PP-ARAC]


Notice of Public Meeting, Alaska Resource Advisory Council

AGENCY: Bureau of Land Management, Alaska State Office, Interior.

ACTION: Notice of public meeting.

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

SUMMARY: In accordance with the Federal Land Policy and Management Act 
(FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. 
Department of the Interior, Bureau of Land Management (BLM) Alaska 
Resource Advisory Council will meet as indicated below.

DATES: The meeting will be held Thursday and Friday, Oct. 13-14, 2005, 
at the Campbell Creek Science Center in Anchorage, Alaska, beginning at 
9 a.m. The public comment period will begin at 1:30 p.m. on Friday, 
Oct. 14.

FOR FURTHER INFORMATION CONTACT: Danielle Allen, Alaska State Office, 
222 W. 7th Avenue <greek-i>13, Anchorage, AK 99513. Telephone (907) 
271-3335 or e-mail <a href="/cdn-cgi/l/email-protection#aeeacfc0c7cbc2c2cbf1efc2c2cbc0eecfc580ccc2c380c9c1d8"><span class="__cf_email__" data-cfemail="387c5956515d54545d677954545d56785953165a5455165f574e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The 15-member Council advises the Secretary 
of the Interior, through the Bureau of Land Management, on a variety of 
planning and management issues associated with public land management 
in Alaska. At this meeting, topics we plan to discuss include:
    <bullet> National Petroleum Reserve-Alaska planning;
    <bullet> Invasive weeds/species;
    <bullet> Subsistence;
    <bullet> 17b easement status and land conveyance update;
    <bullet> Other topics the Council may raise;

    All meetings are open to the public. The public may present written 
comments to the Council. Each formal Council meeting will also have 
time allotted for hearing public comments. Depending on the number of 
persons wishing to comment and time available, the time for individual 
oral comments may be limited. Individuals who plan to attend and need 
special assistance, such as sign language interpretation, 
transportation, or other reasonable accommodations, should contact BLM.

    Dated: September 7, 2005.
Henri R. Bisson,
State Director.
[FR Doc. 05-18197 Filed 9-12-05; 8:45 am]
BILLING CODE 4310-JA-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Notices]
[Page 5264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1846]


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

DEPARTMENT OF STATE

[Public Notice 4983]


Certification Under Section 584(b) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2005 (Div. 
D, P.L. 108-447)

    Pursuant to the authority vested in me as Secretary of State, 
including under section 584(b) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2005 (Div. D, P.L. 
108-447), I hereby certify that:
    1. The role of the Guatemalan military has been limited, in 
doctrine and practice, to substantially those activities in defense of 
Guatemala's sovereignty and territorial integrity that are permitted by 
the 1996 Peace Accords, and that the Government of Guatemala is taking 
steps to pass a new governing law of the Army (Ley Constitutiva del 
Ejercito).
    2. The Guatemalan military is cooperating with civilian judicial 
authorities, including providing full cooperation on access to 
witnesses, documents and classified intelligence files, in 
investigations and prosecutions of military personnel who have been 
implicated in human rights violations and other criminal activity.
    3. The Government of Guatemala is working with the United Nations 
to resolve legal impediments to the establishment of the Commission for 
the Investigation of Illegal Groups and Clandestine Security 
Organizations (CICIACS), so that CICIACS can effectively accomplish its 
mission of investigating and bringing to justice illegal groups and 
members of clandestine security organizations.
    4. The Government of Guatemala is continuing its efforts to make 
the military budget process transparent and accessible to civilian 
authorities and to the public, for both present and past expenditures.
    5. The Government of Guatemala is working to facilitate the prompt 
establishment of an office in Guatemala of the United Nations High 
Commissioner for Human Rights with the unimpeded authority to 
investigate and report on human rights in Guatemala.
    6. The Government of Guatemala is taking steps to increase its 
efforts to combat narcotics trafficking and organized crime.
    This certification shall be published in the Federal Register and 
copies shall be transmitted to the appropriate committees of Congress.

    Dated: January 25, 2005.
Colin L. Powell,
Secretary of State, Department of State.
[FR Doc. 05-1846 Filed 1-31-05; 8:45 am]
BILLING CODE 4710-29-P
# Commission Implementing Regulation (EU) No 789/2014Show full title

Commission Implementing Regulation (EU) No 789/2014 of 18 July 2014 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

        - Previous
        - Next

U.K.

# Commission Implementing Regulation (EU) No 789/2014                     

# of 18 July 2014

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural                           markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 July 2014.

*For the Commission,*                            

*On behalf of the President,*                            

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 299, 16.11.2007, p. 1.                           

2

OJ L 157, 15.6.2011, p. 1.
I 

113TH CONGRESS 

1ST SESSION H. R. 3673 

To amend the Internal Revenue Code of 1986 to treat amounts paid for 

umbilical cord blood banking services as medical care expenses. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2013 

Mr. SCHOCK (for himself and Mr. KIND) introduced the following bill; which 

was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to treat 

amounts paid for umbilical cord blood banking services 

as medical care expenses. 

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 ‘‘Family Cord Blood 

5 Banking Act’’. 

6 SEC. 2. AMOUNTS PAID FOR UMBILICAL CORD BLOOD 

7 BANKING SERVICES TREATED AS MEDICAL 

8 CARE EXPENSES. 

9 (a) IN GENERAL.—Paragraph (1) of section 213(d) 

10 of the Internal Revenue Code of 1986 (defining medical 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 3673 IH

1 care) is amended by striking ‘‘or’’ at the end of subpara2 graph (C), by striking the period at the end of subpara3 graph (D) and inserting ‘‘, or’’, and by inserting after sub4 paragraph (D) the following new subparagraph: 

5 ‘‘(E) for private umbilical cord blood bank6 ing services provided by any accredited umbil7 ical cord blood bank which is in compliance 

8 with the regulations under section 361 of the 

9 Public Health Service Act (42 U.S.C. 264).’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxable years beginning after 

12 December 31, 2013. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
Order entered May 23, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00370-CV

GENA MARCELLA MERCADANTE, ET AL., Appellants

V.

ZLH LC, INC. F/K/A ZALE LIPSHY UNIVERSITY HOSPITAL, INC., Appellee

On Appeal from the 95th Judicial District Court

Dallas County, Texas

Trial Court Cause No. 10-15882

ORDER

We GRANT appellants’ May 22, 2014 unopposed motion for an extension of time to file 

a brief. Appellants shall file their brief on or before July 7, 2014.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
Betty NEWELL, personal representative of the Estate of Jennifer Alexander, and in her individual capacity, and Mitchell Law Offices, PLLC, Plaintiffs, v. JAMES E. ROGERS, P.A. and James E. Rogers, Defendants.

No. COA14-1412.

Court of Appeals of North Carolina.

Aug. 18, 2015.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

Affirmed.
STATE of North Carolina v. Steven Charles PRUSH.

No. 466P07.

Supreme Court of North Carolina.

June 11, 2008.

Jarvis Edgerton, IV, for Prush.

David Gordon, Assistant Attorney General, Thomas J. Keith, District Attorney, for State of NC.

*856Prior report: ___ N.C.App. ___, 648 S.E.2d 556.

*ORDER*

Upon consideration of the petition filed on the 26th day of September 2007 by Defendant 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:

"Denied by order of the Court in conference, this the 11th day of June 2008."
[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Notices]
[Page 54776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18463]


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

NATIONAL SCIENCE FOUNDATION


Advisory Committee for Environmental Research and Education; 
Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Advisory Committee for Environmental Research and 
Education (9487).
    Dates: October 19, 2005, 8:30 a.m.-5 p.m. and October 20, 2005, 
8:30 a.m.-3:30 p.m.
    Place: Stafford I, Room 1235, National Science Foundation, 4201 
Wilson Blvd., Arlington, VA 22230.
    Type of Meeting: Open.
    Contact Person: Dr. David Campbell, Directorate for Education 
and Human Resources, National Science Foundation, Suite 885, 4201 
Wilson Blvd., Arlington, Virginia 22230. Phone (703) 292-5093.
    Minutes: May be obtained from the contact person listed above.
    Purpose of Meeting: To provide advice, recommendations, and 
oversight concerning support for environmental research and 
education.
    Agenda: October 19--Update on recent NSF environmental 
activities; Report on NSF-DOE Water workshop; Report on BE PI 
meeting; Discussion of AC-ERE topics of interest: AC-ERE task group 
meetings.
    October 20--AC-ERE task group reports; Meeting with the 
Director; Presentation on ``environmental curricula at 
universities.''


    Dated: September 13, 2005.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 05-18463 Filed 9-15-05; 8:45 am]
BILLING CODE 7555-01-M
[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Page 54569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18440]


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

INTERNATIONAL TRADE COMMISSION

[USITC SE-05-028]


Government in the Sunshine Act Meeting Notice

Agency Holding the Meeting: United States International Trade 
Commission.

Time and Date: September 19 , 2005 at 2 p.m.

Place: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: 
(202) 205-2000.

Status: Open to the public.

Matters To Be Considered: 
    1. Agenda for future meetings:
    None.
    2. Minutes.
    3. Ratification List.
    4. Inv. No. 731-TA-841 (Second Review)(Non-Frozen Concentrated 
Apple Juice from China)--briefing and vote. (The Commission is 
currently scheduled to transmit its determination and Commissioners' 
opinions to the Secretary of Commerce on or before September 28, 2005.)
    5. Outstanding action jackets: None.
    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

    By order of the Commission.

    Issued: September 12, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-18440 Filed 9-13-05; 12:47 pm]
BILLING CODE 7020-02-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6281

JESSEE RAYMOND SMITH, JR.,

Petitioner - Appellant,

v.

WARDEN LORETTA KELLY, Sussex I State Prison,

Respondent - Appellee.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. James C. Turk, Senior District

Judge. (7:07-cv-00536-jct-mfu)

Submitted: July 23, 2008 Decided: August 22, 2008

Before KING and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit

Judge.

Dismissed by unpublished per curiam opinion.

Jessee Raymond Smith, Jr., Appellant Pro Se. Joshua Mikell Didlake,

Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Jessee Raymond Smith, Jr., seeks to appeal the district

court’s order denying relief on his 28 U.S.C. § 2254 (2000)

petition. The order is not appealable unless a circuit justice or

judge issues a certificate of appealability. See 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

absent “a substantial showing of the denial of a constitutional

right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that

any assessment of the constitutional claims by the district court

is debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. See Miller-El v.

Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S.

473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

We have independently reviewed the record and conclude that Smith

has not made the requisite showing. Accordingly, we deny a

certificate of appealability and dismiss the appeal. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process. 

DISMISSED