alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE v. John Lewis WRAY, Jr.

382P10-6

Supreme Court of North Carolina.

May 3, 2017

Derrick Mertz, Assistant Attorney General, Mike Miller, District Attorney, for State of North Carolina.

John L. Wray, Jr., for Wray, John Lewis, Jr.

The following order has been entered on the motion filed on the 1st of March 2017 by Defendant for Review:

"Motion Dismissed by order of the Court in conference, this the 3rd of May 2017."

Beasley, J. recused
# Official Journal C 287/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 287 |
| | |
| English edition | Information and Notices | Volume 6114 August 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 287

English edition

Information and Notices

Volume 6114 August 2018

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| 2018/C 287/01 | Plenary meeting of the LIX COSAC — 17-19 June 2018, Sofia — Contribution of the LIX COSAC | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

2018/C 287/01

Plenary meeting of the LIX COSAC — 17-19 June 2018, Sofia — Contribution of the LIX COSAC

1

---

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

EN
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7002

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

CHARLES LEROY JONES, JR., a/k/a Pooh, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. Albert V. Bryan, Jr., 

Senior District Judge. (1:96-cr-00075-1) 

Submitted: October 14, 2008 Decided: October 17, 2008 

Before KING, GREGORY, and AGEE, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Charles Leroy Jones, Jr., Appellant Pro Se. John Kuchta, OFFICE 

OF THE UNITED STATES ATTORNEY, Alexandria, Virginia; Thomas 

Higgins McQuillan, Assistant United States Attorney, Alexandria, 

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Charles Leroy Jones, Jr., appeals the district court’s 

order denying his 18 U.S.C.A. § 3582(c) (West 2000 & Supp. 2008) 

motion.* We have reviewed the record and find no reversible 

error. Accordingly, we affirm for the reasons stated by the 

district court. United States v. Jones, No. 1:96-cr-00075-1 

(E.D. Va. Apr. 18, 2008). We deny Jones’ motion to compel 

production of sentencing transcripts. 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. 

AFFIRMED

 *

The district court informed Jones that he had sixty days in 

which to appeal. Jones filed his notice of appeal over forty 

days after entry of judgment. In criminal cases, a defendant 

must file his notice of appeal within ten days of judgment. 

Fed. R. App. P. 4(b)(1)(A); United States v. Alvarez, 210 F.3d 

309, 310 (5th Cir. 2000) (holding that § 3582 proceeding is 

criminal in nature and ten-day appeal period applies, and 

collecting cases adopting rule). However, an otherwise untimely 

notice of appeal may invoke the court’s jurisdiction in “unique 

circumstances.” See Harris Truck Lines, Inc. v. Cherry Meat 

Packers, Inc., 371 U.S. 215, 217 (1962). Application of the 

doctrine is appropriate where an appellant “relied on the 

statement of the District Court and filed the appeal within the 

assumedly new deadline but beyond the old deadline.” 

Thompson v. INS, 375 U.S. 384, 387 (1964). The doctrine applies 

in this case, because the district court misled Jones regarding 

the appropriate time for filing his appeal when the final order 

mistakenly informed Jones that he had sixty days in which to 

file. Accordingly, Jones’ notice of appeal is sufficient to 

invoke the jurisdiction of this court.
State of North Carolina v. Darryl A. McPhaul

No. 438P16

Supreme Court of North Carolina.

January 26, 2017

Darryl A. McPhaul, for McPhaul, Darryl A.

Kristin Jo Uicker, Assistant Attorney General, R. Andrew Murray, District Attorney, for State of North Carolina.

ORDER

Upon consideration of the petition filed by Defendant on the 2nd of December 2016 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed by order of the Court in conference, this the 26th of January 2017."

The following order has been entered on the motion filed on the 2nd of December 2016 by Defendant to Proceed In Forma Pauperis:

"Motion Allowed by order of the Court in conference, this the 26th of January 2017."

The following order has been entered on the motion filed on the 2nd of December 2016 by Defendant to Appoint Counsel:

"Motion Dismissed as moot by order of the Court in conference, this the 26th of January 2017."
Tammy Yarborough, Employee, Plaintiff, v. Duke University, Employer, Self-Insured (Duke University Workers' Compensation Administration, Administrator), Defendant.

No. COA16-86

Court of Appeals of North Carolina.

Filed: September 20, 2016

AFFIRMED.
STATE of North Carolina v. Kalmeaice Kawanna WILLIAMS

No. 13P17

Supreme Court of North Carolina.

May 3, 2017

Jason C. Yoder, Attorney at Law, for Williams, Kalmeaice Kawanna.

Michael T. Henry, Assistant Attorney General, Ben R. David, District Attorney, for State of North Carolina.

***ORDER***

Upon consideration of the petition filed on the 10th of January 2017 by Defendant in this matter for discretionary review of the *528decision 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 3rd of May 2017."
# C_2008079EN.01003801.xml

| 29.3.2008 | EN | Official Journal of the European Union | C 79/38 |
| --- | --- | --- | --- |

29.3.2008

EN

Official Journal of the European Union

C 79/38

---

Action brought on 19 December 2007 — Kaminska v Committee of the Regions

(Case F-142/07)

(2008/C 79/73)

Language of the case: French

Parties

Applicant: Magdalena Kaminska (Brussels, Belgium) (represented by: L. Levi and S. Engelen, lawyers)

Applicant:

Defendant: Committee of the Regions

Defendant:

The subject-matter and description of the proceedings

Annulment of the decisions of the Committee of the Regions of 30 April 2007 and of 6 September 2007 refusing the applicant payment of the daily allowance and rejecting her note of 6 June 2007 and an order for the defendant to pay default interest on the amounts due by virtue of daily allowance until full payment of the amounts due.

Form of order sought

| — | Annul the decision of 30 April 2007 refusing the applicant payment of the daily allowance; |
| --- | --- |

—

Annul the decision of 30 April 2007 refusing the applicant payment of the daily allowance;

| — | annul, in so far as necessary, the decision of 6 September 2007 rejecting the applicant's complaint; |
| --- | --- |

—

annul, in so far as necessary, the decision of 6 September 2007 rejecting the applicant's complaint;

| — | order the Committee of the Regions to pay default interest on the daily amounts due by virtue of daily allowance from 16 April 2006 until full payment of the amounts due; |
| --- | --- |

—

order the Committee of the Regions to pay default interest on the daily amounts due by virtue of daily allowance from 16 April 2006 until full payment of the amounts due;

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

—

order the defendant to pay the costs.

---
**Exhibit 32.3****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 Town SportsInternational Holdings, Inc. (the “Company”) onForm 10-Q for the thee month period ending June 30,2005 filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Mark Smith,Chairman of the Company, certify, pursuant to 18 U.S.C.1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of2002, that to my 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    represents, in all material respects, the financial condition    and result of operations of the Company.August 2, 2005    /s/ Mark Smith           Town Sports International Holdings, Inc. *Chairman*
<PAGE>
                                                                    Exhibit 23.1





CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


Boyd Bros. Transportation Inc.
Clayton, Alabama

We hereby consent to the incorporation by reference in the Registration
Statements Nos. 33-83768 and 33-78925 on Form S-8 of our reports dated January
31, 2003, except for Note 3, which is as of February 10, 2003, relating to the
2002 consolidated financial statements and schedule of Boyd Bros. Transportation
Inc. and subsidiary appearing in and incorporated by reference in the Company's
Annual Report on Form 10-K for the year ended December 31, 2002.


                                       /s/ BDO Seidman, LLP


Atlanta, Georgia
March 28, 2003
Order entered February 25, 2021

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 20

- 01051

- CV

LEONARD M. CHERMACK AND JANET CHERMACK , Appellant s

V.

NATIONSTAR MORTGAGE COMPANY LLC , Appellee

On Appeal from the 471st Judicial District Court

Collin County, Texas Trial Court Cause No. 471

- 03076

- 2017

O RDER

Before the Court is appellants’ unopposed motion to extend time to file their

brief

. We GRANT the motion and ORDER the brief be f iled no l a ter than March

8, 2021.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE
<PAGE>

                                                                      Exhibit 23


                         Clark, Schaefer, Hackett & Co.
                          Certified Public Accountants



                       CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the Registration Statements on
Form S-8 (Registration Nos. 33-97586 and 33-97588) of Western Ohio Financial
Corporation (the "Company") of our report dated January 25, 1997, on the 1996
consolidated financial statements of the Company, which report is included in
the Company's Annual Report on Form 10-K for the year ended December 31, 1996.



                                              /s/ Clark, Schaefer, Hackett & Co.

                                              CLARK, SCHAEFER, HACKETT & CO.


Springfield, Ohio
May 1, 1997
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 on Form 10-Q for the quarter ended September 30, 2019 (the “Report”) of Hercules Capital, Inc. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Scott Bluestein, the Chief Executive Officer of the Registrant, certify, to the best of my knowledge, that: 

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 Registrant. 

 

| Date: October 30, 2019 | By:    | /S/ SCOTT BLUESTEIN

                        |
|------------------------|--------|---------------------------------------------------|
|                   |   | Scott Bluestein                                   |
|                   |   | President, Chief Executive Officer, and |
|                   |   | Chief Investment Officer

         |
NC STATE BOARD OF EDUCATION v. The STATE of NC, et al.

110PA16-2

Supreme Court of North Carolina.

November 16, 2017

Christopher G. Browning, Jr., Attorney at Law, Raleigh, for The North Carolina Rules Review Commission.

Amar Majmundar, Special Deputy Attorney General, Olga Vysotskaya de Brito, Assistant Attorney General, for The State of North Carolina.

Robert F. Orr, Attorney at Law, Asheville, Andrew H. Erteschik, Attorney at Law, Saad Gul, Attorney at Law, Raleigh, John Michael Durnovich, Attorney at Law, for North Carolina State Board of Education.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 15th of November 2017 by Plaintiff:

"Motion Allowed by order of the Court in conference, this the 16th of November 2017."

Plaintiff shall have up to and including the 22nd day of December 2017 to file and serve his/her brief with this Court.
# Official Journal L 154/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 154 |
| | |
| English edition | Legislation | Volume 6118 June 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 154

English edition

Legislation

Volume 6118 June 2018

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2018/875 of 15 June 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq | 1 |
| | | GUIDELINES |
| | * | Guideline (EU) 2018/876 of the European Central Bank of 1 June 2018 on the Register of Institutions and Affiliates Data (ECB/2018/16) | 3 |
| | * | Guideline (EU) 2018/877 of the European Central Bank of 1 June 2018 amending Guideline ECB/2014/15 on monetary and financial statistics (ECB/2018/17) | 22 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2018/875 of 15 June 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

1

GUIDELINES

*

Guideline (EU) 2018/876 of the European Central Bank of 1 June 2018 on the Register of Institutions and Affiliates Data (ECB/2018/16)

3

*

Guideline (EU) 2018/877 of the European Central Bank of 1 June 2018 amending Guideline ECB/2014/15 on monetary and financial statistics (ECB/2018/17)

22

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
##### 



CERTIFICATION OF ANNUAL REPORT ON FORM 10-K
OF ADVOCAT INC.
FOR THE YEAR ENDED DECEMBER 31, 2007
  (a)
    
    fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and(b)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  /s/William R. Council, IIIWilliam R. Council, IIIChief Executive Officer/s/L. Glynn Riddle, Jr.L. Glynn Riddle, Jr.Chief Financial Officer  41
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-10869 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MARIO ESTEBAN MORENO, Sr., Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:95-CR-56-Y

- - - - - - - - - - June 27, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM: * Mario Moreno appeals his conviction for illegal reentry into the United States after previous deportation. Acknowledging that controlling authority is contrary to his position, Moreno argues that his sentence was imposed in violation of the law because the indictment did not contain an allegation that he committed a prior felony. See United States v. Vasquez-Olvera , 999 F.2d 943, 945-46 (5th Cir. 1993)(the charging instrument need not containNo. 95-10869 - 2 - an allegation that the defendant committed a prior felony if he is to be convicted under 18 U.S.C. § 1326(b)(2)), cert. denied , 114 S. Ct. 889 (1994). This panel will not overrule the decision of another panel of this circuit. United States v. Taylor , 933 F.2d 307, 313 (5th Cir.), cert. denied , 502 U.S. 883 (1991). The district court did not err by following Vasquez-Olvera , 999 F.2d at 945-46. Moreno failed to address the procedural problem that he waived all nonjurisdictional errors that preceded the plea. See United States v. Owens , 996 F.2d 59, 60 (5th Cir. 1993). To raise the Vasquez-Olvera issue, Moreno must show that the issue is jurisdictional, i.e. that the indictment was so flawed that the district court had no jurisdiction to adjudicate the case or that the indictment did not charge a crime. See United States v. Barksdale-Contreras , 972 F.2d 111, 113 (5th Cir. 1992), cert. denied , 506 U.S. 1084 and cert. denied , 507 U.S. 997 (1993). We do not reach this waiver question because, even if we presume that this issue is not waived, Vasquez-Olvera controls.
AFFIRMED.
#### James M. SOOKOV, Appellant, v. STATE of Florida, Appellee.

No. 5D03-2131.

District Court of Appeal of Florida, Fifth District.

Aug. 29, 2003.

James M. Sookov, Lake City, Pro Se.

No Appearance for Appellee.

ORFINGER, J.

James M. Sookov appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Sookov was charged with arson and was tried, convicted, and sentenced to seventeen years in prison. His conviction was affirmed on direct appeal. *Sookov v. State,*833 So.2d 155 (Fla. 5th DCA 2002). Although Sookov raises numerous claims of ineffective assistance of counsel in his rule 3.850 motion, only one merits further discussion and an evi-dentiary hearing.

Sookov contends that his counsel was ineffective for failing to call, interview or investigate three alibi witnesses. Sookov asserts that he informed his trial counsel that he had been drinking and dining with Donna and Denise Reynolds on the night of the fire. He further maintains that he told counsel where the two women could be located. Sookov also claims that he *544told counsel about another “alibi” witness, a drug dealer who would have testified that he sold cocaine to Sookov’s wife, the victim of the arson, and that the witness would have testified that other cocaine dealers had threatened to burn down the wife’s home if her drug debts went unpaid. Sookov states that he gave counsel the drug dealer’s name, and advised counsel that the drug dealer was in the same jail as Sookov and had agreed to testify. However, Sookov contends that counsel failed to interview, depose or subpoena this witness.1

These allegations adequately state a legally sufficient ineffective assistance of counsel claim. *See Brooks v. State,*710 So.2d 595, 597 (Fla. 1st DCA 1998). Sookov identified the prospective witnesses that trial counsel should have called and their whereabouts, stated the substance of the witnesses’ testimonies, and explained how the alleged omission prejudiced the outcome of the trial in that, had these witnesses testified, there is a probability that he would have been found not guilty. Because the trial court denied this claim without the requisite attachments showing why the omission of the testimony of these witnesses would have made no difference, we reverse and remand either for attachments conclusively refuting this claim or for an evidentiary hearing. *See Strickland v. Washington,*466 U.S. 668, 687-88, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We find no merit in Sookov’s remaining claims.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED.

GRIFFIN and TORPY, JJ., concur.

1

. Based on the limited record before us, we are unable to say if the drug dealer's testimony would have been admissible at the trial.
Exhibit 32.1

Section 906 CEO Certification

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 Colony Resorts LVH Acquisitions, LLC (the Company) on Form 10-Q for the quarter ended
September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David Monahan, 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/ David Monahan       |  |  |  | Date: November 13, 2009
|David Monahan           |  |  |  |                        
|Chief Executive Officer |  |  |  |
# Official Journal L 70/13 M

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 70 |
| | |
| English edition | Legislation | Volume 6113 March 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 70

English edition

Legislation

Volume 6113 March 2018

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2018/336 of 8 March 2018 amending Regulation (EC) No 748/2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (
  1
  ) | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2018/336 of 8 March 2018 amending Regulation (EC) No 748/2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (
  1
  )

1

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.