alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
State v. Dwain Cornelius Ferrell

407P14-4

Supreme Court of North Carolina.

January 26, 2017.

Mr. Dwain Cornelius Ferrell, Lumberton, Pro Se.

Mr. Joseph L. Hyde, Assistant Attorney General, Ms. N. Lorrin Freeman, District Attorney, For State of North Carolina.

The following order has been entered on the motion filed on the 15th of November 2016 by Plaintiff for Petition for Discretionary Review:

"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."
STATE of North Carolina v. Robert Edgar UPCHURCH, Jr.

No. 123P08.

Supreme Court of North Carolina.

August 26, 2008.

Kathleen U. Baldwin, Catherine F. Jordan, Assistant Attorney Generals, Ronald L. Moore, District Attorney, for State of NC.

Charlotte Gail Blake, Boone, for Upchurch.

*ORDER*

Upon consideration of the petition filed by State of NC on the 20th day of March 2008 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:

"Denied by order of the Court in conference, this the 26th day of August 2008."

Upon consideration of the petition filed on the 20th day of March 2008 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:

"Denied by order of the Court in conference, this the 26th day of August 2008."
Dismiss and Opinion Filed October 5, 2015 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-15-01193-CV IN RE ALVIN STEVEN BROWN, SR., Relator Original Proceeding from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F-0900704-J 

### MEMORANDUM OPINION Before Chief Justice Wright, Justi ce Bridges, and Justice Stoddart Opinion by Chief Justice Wright Relator filed this petition for writ of mandamu s complaining that the trial court generally denied his application for writ of habeas corpus. We lack jurisdiction over the petition for writ of mandamus. This Court has not been given general supervisory control over district and county courts. Texas Emp. Ins. Ass’n v. Kirby, 150 S.W.2d 123, 126 (Tex. Civ. App.—Dallas 1941, no writ); see also Guillory v. Davis, 527 S.W.2d 465, 466 (Tex. Civ. App.—Beaumont 1975, no writ). While the courts of appeals ha ve concurrent mandamus jurisdic tion with the Texas Court of Criminal Appeals in some post-conviction proceedings, Padilla v. McDaniel , 122 S.W.3d 805, 808 (Tex. Crim. App. 2003) (for ensic DNA testing), the Cour t has no jurisdiction in postconviction habeas corpus proceed ings brought under article 11.07. T EX
. C ODE C RIM
. P ROC
. A NN
. art. 11.07 (West Supp. 2014); In re Turk , No. 14–09–00129–CR, 2009 WL 396197, at *1 (Tex. App.—Houston [14th Dist.] Feb. 19, 2009, orig. proceeding) (mem. op.); In re Bailey , No.–2– 14–06–00841–CV, 2006 WL 2827249, at *1 (Tex. App. —Houston [14th Dist.] 2006, orig. proceeding) (mem. op.); In re McAfee , 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). “Article 11.07 contains no role for the courts of appeals; the only courts referred to are the convicting court a nd the Court of Criminal Appeals.” In re McAfee , 53 S.W.3d at 718. Consequently, any compla ints about action or inaction on a matter related to a postconviction petition for writ of habeas corpus must be brought by mandamus to the Texas Court of Criminal Appeals and not to this Court. In re McAfee, 53 S.W.3d at 717. We dismiss the petition for writ of mandamus for want of jurisdiction.

151193F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T M ARBE LL A H ERNA ND EZ PE RAL, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 08- 70439 A ge nc yN o. A 097- 358- 701 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d Jul y19, 2010 ** B e f o r e : B . F L E T C H E R , R E I N H A R D T , an dW A R D L A W , C ir c u it Ju d g e s . M ar abe l l aH e rnande z P e r a l , ana t i ve and c i t i z e n of M e xi c o, pe t i t i ons f

or r e vi e w f r om the B oar d of

I m m i gr a t i on A ppe a l s ’ ( “ B I A ” ) or de rde ny i ng he rm ot i on t o r e m and. W e have j ur i s di c t i on pur s uantt o 8 U . S . C . § 1252. W e r e vi e w f or 

# FI LED AU G 02 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 70439 2 ab u s e o f d is c r e tio n th e d e n ia l o f am o tio n to r e m an d , Mo vs is ia n v . A s h c r o ft , 395 F .3 d1 0 9 5 , 1 0 9 8 ( 9 th C ir . 2 0 0 5 ) , an dw e d e n yth e p e titio n f o rr e v ie w . T h e B I A d idn o t ab u s e its d is c r e tio n in d e n y in g H e rn an d e z P e r a l’s m o tio n to re m an db ec au se sh e f

ailedto es tab li sh p re

ju d ice f ro m h erfo rm erco u n se l’ s r e p r e s e n ta tio n a s s h e is s ta tu to r ilyin e lig ib le f o rc an c e lla tio n o f

r e m o v a l. See R o ja s - G a r c ia v . A s h c r o

ft , 33 9 F . 3d 81 4, 82 6 (9th C i r. 20 03 ) ( t o p re vai l on an in e f f e c tiv e a s s is tan c e o f

c o u n s e l c la im ap e titio n e rm u s t d e m o n s tr a te p r e ju d ic e ) . H e rnande z P e r a l ’ s c ont e nt i on tha ts e rvi c e of the f a c i a l l yva l i d not i c e t o appe aron N o v e m b e r2 3 , 2 0 0 3 , d idn o t te rm in a te h e ra c c ru a l o f p h y s ic a l p r e s e n c e tim e is u np e r s u a s iv e . See 8 U .S .C . § 1 2 2 9 b ( b ) ( 1 ) ( A ) , ( d ) ( 1 ) ( A ) ; G arci a-R am i rez v . G on zales , 42 3 F . 3d 93 5, 93 7 n . 3 (9th C i r. 20 05 ) ( per c uri am ) ( ac crual of ph ys i ca l pres ence t i m e e nd s w hen rem ov alproceedi ng s are com m ence d throu gh se rvi ce of a no t i ce t o app ear) . I n l i ghtof

ourdi s pos i t i on, w e ne e d nota ddr e s s H e rnande z P e r a l ’ s r e m a i ni ng c ont e nt i on. P E T I T I ON F OR RE V I E W DE NI E D.
<PAGE>


                                                                    Exhibit 23.1

                         Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statements
(Forms S-8 No. 033-79720, No. 033-79722, No. 033-94768, No. 333-05613 and No.
333-05615) pertaining to the 1994 Director Option Plan and the 1994 Stock Option
Plan of Point Therapeutics, Inc. of our report dated February 10, 2003, except
for Note 14, as to which the date is March 5, 2003, with respect to the
consolidated financial statements of Point Therapeutics, Inc. included in the
Annual Report (Form 10-K) for the year ended December 31, 2002

                                                         /s/ ERNST & YOUNG LLP


Boston, Massachusetts
March 26, 2003
State v. Tony Robert Jones

669P03-3

Supreme Court of North Carolina.

August 18, 2016

Tony Robert Jones, for Jones, Tony Robert.

Amy Kunstling Irene, Special Deputy Attorney General, Tom Horner, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 20th of July 2016 by Defendant for Petition for Discretionary Review De Novo:

"Motion Dismissed by order of the Court in conference, this the 18th of August 2016."
1... See Tex. R. App. P. 47.4.

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-047-CV

METWEST, INC. D/B/A QUEST APPELLANT

DIAGNOSTICS INCORPORATED

V.

MIGUEL RODRIGUEZ, JR., MIGUEL APPELLEES

RODRIGUEZ, AND LUCY RODRIGUEZ 

----------

FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY

----------

MEMORANDUM OPINION AND JUDGMENT 1

----------

We have considered “Appellant Metwest Inc. d/b/a Quest Diagnostic

Incorporated’s Motion To Dismiss Appeal.” It is the court’s opinion that the

motion should be granted; therefore, we dismiss the appeal. See Tex. R. App.

P. 42.1(a)(1), 43.2(f).
2

Costs of the appeal shall be paid by appellant, for which let execution

issue. See Tex. R. App. P. 43.4.

PER CURIAM

PANEL: HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: October 2, 2008
Exhibit 10.61


AXION POWER INTERNATIONAL, INC.


AMENDED PROMISSORY NOTE


 





	Original Principal Amount:  $801,049.00	Issuance Date:  June 30, 2014,
	 	with effective date of June 18, 2014







 


FOR VALUE RECEIVED,
Axion Power International, Inc., a Delaware corporation (the “Maker”), hereby promises to pay to the order of
Robert Averill or his registered assigns (the “Holder”), as designated herein or at such other place as the
legal holder shall designate in writing, the amount set out above as the Original Principal Amount when due, together with interest
at the applicable Interest Rate on the principal balance from the date hereof. This Amended Promissory Note amends and supersedes
a Subordinated Convertible Note issued May 8, 2013 by Axion Power International, Inc. payable to Robert Averill.


 


Principal and interest
are payable as follows:


 


1.Interest on this Note shall commence
accruing on the issuance date and shall be calculated at a rate of nine percent (9%) which will be compounded monthly. The interest
rate will increase by one percent (1%) every month (up to the maximum rate allowed by New Jersey law) beginning on September 16,
2014 and continuing until all principal and accrued and unpaid interest thereon have been paid in full.


 


2.The Original Principal Amount
and accrued interest will be paid in full by Maker at the earlier of the date that new funding is received by Maker in the cumulative
amount of at least $10,000,000 or December 31, 2014 (“Maturity Date”). On the Maturity Date, Makes also agrees to pay
Holder all of his accumulated legal fees directly associated with the negotiation and closing of this Note up to a maximum amount
of $25,000.


 


This Amended Promissory
Note is secured by a Security Agreement of this same date executed by Maker, ad Debtor, and Holder, as Secured Party.


 


If a default occurs
under the terms of this Amended Promissory Note, the Maker agrees to pay all costs, including reasonable attorneys’ fees,
incurred in the collection of any unpaid amounts under the Note. Maker waives presentment for payment, demand, notice, protect,
notice of protect, diligence, and non-payment of this Amended Promissory Note, and all defense on the ground of any extension of
time for payment that may be given by the holder to them.





 










	 	AXION POWER INTERNATIONAL, INC.
	 	A Delaware Corporation
	 	 	 
	 	By:/s/	Thomas
    G. Granville
	 	 	Thomas G. Granville
	 	 	C.E.O.
##### 



Exhibit 32 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 CPI Holdco, Inc. (the Company) on Form 10-Q for the
period ending July 2, 2004 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, O. Joe Caldarelli, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 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/ O. Joe Caldarelli O. Joe Caldarelli
Chief Executive Officer
February 8, 2005




---



##### 



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 CPI Holdco, Inc. (the Company) on Form 10-Q for the
period ending July 2, 2004 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Joel Littman, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 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/ Joel Littman Joel Littman
Chief Financial Officer
February 8, 2005
# Official Journal C 74/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.074.eng |
| --- | --- |
| Official Journal
  of the European Union | C 74 |
| | |
| English edition | Information and Notices | Volume 548 March 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.074.eng

Official Journal

of the European Union

C 74

English edition

Information and Notices

Volume 548 March 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Central Bank |
| 2011/C 074/01 | Opinion of the Governing Council of the European Central Bank of 3 March 2011 on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank (CON/2011/16) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Central Bank

2011/C 074/01

Opinion of the Governing Council of the European Central Bank of 3 March 2011 on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank (CON/2011/16)

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2011/C 074/02 | Council conclusions on investing in Europe's health workforce of tomorrow — Scope for innovation and collaboration | 2 |
| 2011/C 074/03 | Council conclusions ‘Innovative approaches for chronic diseases in public health and healthcare systems’ | 4 |
| | European Commission |
| 2011/C 074/04 | Euro exchange rates | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2011/C 074/02

Council conclusions on investing in Europe's health workforce of tomorrow — Scope for innovation and collaboration

2

2011/C 074/03

Council conclusions ‘Innovative approaches for chronic diseases in public health and healthcare systems’

4

European Commission

2011/C 074/04

Euro exchange rates

6

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 074/05 | Communication from the Minister for Economic Affairs, Agriculture and Innovation of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 7 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 074/05

Communication from the Minister for Economic Affairs, Agriculture and Innovation of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

7

---

| EN | |
| --- | --- |

EN
----

**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**

Pursuant to 18 U.S.C. Section 1350 asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of theundersigned officers of Yukon Gold Corporation, Inc. (the "Company"), doeshereby certify, to such officer's knowledge, that: 

The Quarterly Report on Form 10-Q forthe quarter ended October 31, 2009 (the "Form 10-Q") of the Company fully complieswith the requirement of section 13(a) or 15(d) of the Securities Exchange Act of1934 and the information contained in the Form 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany. 

Dated: December 14, 2009 

/s/ Douglas Oliver                                                     

Douglas Oliver                    Chief Executive Officer                     Yukon Gold Corporation, Inc. 

Dated: December 14, 2009 

/s/ Rakesh Malhotra                     

Rakesh Malhotra, C.A., Chief Financial Officer Yukon Gold Corporation, Inc. 

A signed original of this written statement required bySection 906 has been provided to Yukon Gold Corporation, Inc. and will beretained by Yukon Gold Corporation, Inc. and furnished to the Securities andExchange Commission or its staff upon request. 

----
DFS Ex.10.2 6.30.14






Exhibit 10.2
Amendment No. 4 to the Discover Financial Services
Directors’ Compensation Plan
Effective May 7, 2014, the Discover Financial Services Directors’ Compensation Plan (the “Plan”), is hereby amended in the following respects:
		
	•
	The Plan is amended by replacing the text of Subsection 5(a)(ii) Subsequent Awards in Section 5 Initial and Annual Awards in its entirety with the following:


(ii)    Subsequent Awards.  As of the date of each Annual Meeting, each Eligible Director, including, without limitation, any Eligible Director who becomes a member of the Board by reason of being elected to the Board at such Annual Meeting, shall be entitled to receive a number of Restricted Stock Units equal to the number obtained by dividing $130,000 by the Fair Market Value of a share of Stock on such day; provided, however, that such Eligible Director continues to serve as a director of the Company after such Annual Meeting.  Notwithstanding the foregoing, if a person becomes an Eligible Director on a date other than the date of an Annual Meeting, the equity award provided for in this Section 5(a)(ii) shall be granted on the date that such person becomes an Eligible Director, using the Fair Market Value of a share of Stock on such date; provided, however, that such award shall be adjusted on a pro-rata basis by multiplying such award by a fraction where the numerator is the number of months between the date that such person becomes an Eligible Director and the date of the next Annual Meeting and the denominator is twelve (12). 
		
	•
	The Plan is amended by replacing the text of Section 7 Retainer and Other Fees in its entirety with the following:


(a)    Board Members. Each Eligible Director shall be entitled to an Annual Retainer of $90,000.
(b)    Lead Director and Chairpersons. In addition to the Annual Retainer provided for in Section 7(a), each Eligible Director who is the (i) Lead Director shall be entitled to an annual Lead Director fee of $75,000; (ii) the Audit Committee Chair shall be entitled to an annual Committee Chair fee of $30,000; (iii) the Compensation and Leadership Development Committee Chair shall be entitled to an annual Committee Chair fee of $25,000; (iv) the Nominating and Governance Committee Chair shall be entitled to an annual Committee Chair fee of $20,000; and (v) the Risk Oversight Committee Chair shall be entitled to an annual Committee Chair fee of $30,000.
(c)     Committee Members. In addition to the Annual Retainer provided for in Section 7(a) and the Lead Director and Chairpersons fees provided for in Section 7(b), each Eligible Director, other than the Chairperson, of the (i) Audit Committee shall be entitled to an annual Committee Member fee of $20,000; (ii) Compensation and Leadership Development Committee shall be entitled to an annual Committee Member fee of $10,000; (iii) Nominating and Governance Committee shall be entitled to an annual Committee Member fee of $5,000; and (iv) Risk Oversight Committee shall be entitled to an annual Committee Member fee of $20,000.
- ----·~ - --- -----·-------------- ~ --- ---- --- ---------- ---

I 

( )nlcr issued September 12, 2012 

In The 

Qrourt of Appeals 

1Jiiftl1 IDistrict of Wcxas at IDallas 

No. 05-12-01226-CV 

IN RE DAVID A. SCHUi\·1, Relator 

Original Proceeding from the 330th .Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. DF-05-9233-Y 

ORDER 

Before Justices Morris, Richter, and Lang-Miers 

Based on the Court's opinion of this date, we DENY relator's petition for writ of mandamus. 

We ORDER that relator bear the costs of this original proceeding.
Fourth Court of Appeals

San Antonio, Texas

August 24, 2022

No. 04-22-00130-CV

CONSOLIDATED TOWNE EAST HOLDINGS, LLC,

Appellant

v.

THE CITY OF LAREDO, Robert A. Eads in His Official Capacity as Office of City Manager, 

and Riazul I. Mia in His Official Capacity of Director of City of Laredo Utilities,

Appellees

From the 406th Judicial District Court, Webb County, Texas

Trial Court No. 2020CVK001518D2

Honorable Monica Z. Notzon, Judge Presiding

O R D E R

Appellant’s Motion for Extension of Time to File Reply Brief is hereby GRANTED. 

Time is extended until September 2, 2022.

It is so ORDERED on August 24, 2022.

PER CURIAM

ATTESTED TO:__________________________

 MICHAEL A. CRUZ, 

 CLERK OF COURT

FILE COPY
Jacqueline CLARK v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

No. 369P16

Supreme Court of North Carolina.

December 8, 2016.

*693Tamika L. Henderson, Assistant Attorney General, for North Carolina Department of Public Safety.

Michael C. Byrne, Attorney at Law, for Clark, Jacqueline.

***ORDER***

Upon consideration of the petition filed on the 7th of October 2016 by Respondent 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 8th of December 2016."