alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Raymond Caraballo, Appellant.

[718 NYS2d 842]

—Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered August 22, 1997, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning identification and credibility.

The court properly exercised its discretion in refusing to grant a nine-day adjournment, in an already lengthy trial, so that defendant could call a vacationing detective as a witness concerning a description he received. This evidence would have been cumulative to other evidence already presented at trial. In any event, any prejudice to defendant was avoided by means of a stipulation as to the detective’s testimony.

We have considered and rejected defendant’s remaining claims. Concur — Nardelli, J. P., Williams, Tom, Wallach and Friedman, JJ.
Denise GUIDOTTI, Plaintiff, v. Donald Mac MOORE, SR., Defendant.

No. COA16-14

Court of Appeals of North Carolina.

Filed: November 15, 2016

REVERSED IN PART AND DISMISSED IN PART.
Crystal JENNINGS, Plaintiff v. The UNIVERSITY OF NORTH CAROLINA and Elizabeth City State University, Defendants

No. COA16-1031

Court of Appeals of North Carolina.

Filed: July 5, 2017

AFFIRMED.
STATE v. Christina Shea WALTERS

548A00-2

Supreme Court of North Carolina.

June 22, 2018

Ms. Shelagh R. Kenney, Attorney at Law, for Walters, Christina Shea

Mr. Malcolm Ray Hunter, Jr., Durham, Attorney at Law, for Walters, Christina Shea

Ms. Danielle Marquis Elder, Special Deputy Attorney General, for State of North Carolina

Mr. Jonathan P. Babb, Raleigh, Special Counsel to Attorney General, for State of North Carolina

Mr. James E. Williams, Jr., Carrboro, Attorney at Law, for N.C. Advocates for Justice

Mr. James E. Coleman, Jr., Attorney at Law, for Becton, Charles, et al.

Mr. Robert P. Mosteller, Attorney at Law, for Retired Members of NC Judiciary

Mr. William R. West, District Attorney, for State

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 22nd of June 2018 by Defendant:

"Motion Allowed by order of the Court in conference, this the 22nd of June 2018."

Defendant shall have up to and including the 16th day of July 2018 to file and serve his/her brief with this Court.
# Official Journal L 210/6 Au

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 210 |
| | |
| English edition | Legislation | Volume 516 August 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 210

English edition

Legislation

Volume 516 August 2008

---

| Contents | | III   Acts adopted under the EU Treaty | page |
| --- | --- | --- | --- |
| | | ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY |
| | * | Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime | 1 |
| | * | Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime | 12 |
| | * | Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations | 73 |

Contents

III   Acts adopted under the EU Treaty

page

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

*

Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime

1

*

Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime

12

*

Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations

73

| 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.
## U NITED 

## S TATES 

## N AVY



## – M ARINE 

## C ORPS 

## C OURT OF 

## C RIMINAL 

## A PPEALS

_________________________ No. 201600179

_________________________ 

### UNITED STATES OF AMERICA

Appellee

v. 

### OLIVER B. KRAGELUND Lance Corporal (E

- 3 ), U.S. Marine Corps

Appellant

_________________________ Appeal from the United States Navy

- Marine Corps Trial Judiciary

Military Judge: Lieutenant Colonel David M. Jones, USMC. For Appellant: Captain Bree A. Ermentrout
, JAGC, USN

.

For Appellee: Brian K. Keller, Esq

.

_________________________ Decided 31 August 2016

_________________________ Before P ALMER , F ULTON , M ILLER , Appellate Military Judges

_________________________ After careful consideration of the record, submitted without assignment of error, we affirm the findings and sentence as approved by the con vening authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c).

For the Court

R.H. TROIDL Clerk of Court
Exhibit 32(b)

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
Quarterly Report on Form 10-Q of NewMarket Corporation (the Company) for the period ending September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David A. Fiorenza,
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.



|    |  |                                                                
|--- |  | ---------------------------------------------------------------
|By: |  | /s/ D. A. Fiorenza                                             
|    |  | David A. Fiorenza Vice
President and Treasurer October 27, 2009
**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-QSB of Answers Corporation
        (the
“Company”) for the period ended September 30, 2005, as filed with the Securities
        and Exchange Commission on the date hereof (the “Report”), the undersigned,
        Robert S. Rosenschein, Chief Executive Officer of the Company, hereby certifies,
        pursuant to 18 U.S.C. Section 1350, that:
 
 a.
            the
                Report 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. 
 Date:
                  November7th,
                  2005
              /s/
                  Robert S. Rosenschein
                Robert
                  S. Rosenschein
                Chief
                  Executive Officer
                (Principal
                  Executive Officer)
 
 A
        signed
        original of this written statement required by Section 906 has been provided
        to
        the Company and will be retained by the Company and furnished to the Securities
        and Exchange Commission or its staff upon request.
ex4-8.htm


Exhibit 4.8


 


 


TERM SHEET FOR


8% SECURED CONVERTIBLE PROMISSORY NOTE








	
ISSUER:

	
Fittipaldi Logistics, Inc., a Nevada corporation (the “Company”)


	  	  
	
PURCHASER:

	
State Petroleum Distributors, Inc. (the “Investor”)


	  	  
	
AMOUNT:

	
US $100,000


	  	  
	
TERM:

	
One year


	  	  
	
INTEREST:

	
8% simple interest per annum shall accrue and become due on the maturity or redemption date of the Note and shall be payable, at the Company’s discretion, in cash or shares of the Company’s common stock. If interest is paid with common stock, then the price per share used in determining the number of shares to issue shall be the average closing price of the common stock for the ten trading days immediately preceding the maturity or redemption date.


	  	  
	
CONVERSION:

	
The Investor shall have the right, at any time, to convert up to the outstanding balance of the Note, and accrued interest thereon, into shares of the Company’s Common Stock at a conversion price of $0.025 per share.


	  	  
	
RIGHT OF 1ST REFUSAL:

	
Until such time as the Note, and accrued interest thereon, has been paid in full, Investor shall have a right of first refusal to purchase CXT on the same terms and conditions as may be offered by any other party.


	  	  
	
MERGER/ACQUISITION:

	
In the event that a merger or acquisition between the Company and the Investor (the “Combined Company”) occurs prior to the maturity date of the Note, then the Note, and accrued interest thereon, shall be paid from the proceeds of the first funding of the Combined Company.


	  	  
	
OPTION:

	
If a merger or acquisition between the Company and the Investor and the funding of the Combined Company does not occur by December 31, 2007, then the Investor shall have an option to purchase CXT for either a) the forgiveness of the Note and accrued interest thereon and $900,000 paid on December 31, 2007 or b) the forgiveness of the Note and accrued interest thereon, $400,000 paid on December 31, 2007 and $1,000,000 to be paid $50,000 on the first of each month for 20 months commencing on February 1, 2008.


	  	  
	
REDEMPTION:

	
The Company shall have the right, in its sole discretion, to prepay up to the full amount of the Note, and accrued interest thereon, at any time without penalty by providing the Investor at least five business days notice of its intention, during which time the Investor may exercise its conversion rights.


	  	  
	
CLOSING DATE:

	
As soon as possible, but not later than September 27, 2007 unless extended by the Company, in its sole discretion.













I/WE HEREBY DESIRE TO PURCHASE THE COMPANY’S $100,000 NOTE AS DESCRIBED HEREIN.










	
INVESTOR:

	
STATE PETROLEUM

	 	
FITTIPALDI LOGISTICS, INC.

	 
	  	
DISTRIBUTORS, INC.

	 	  	  	 
	  	  	 	  	  	 
	
BY:

	
X /s/ Robert Lambert

	 	
BY:

	
/s/ Richard Hersch

	 
	  	  	 	  	  	 
	
PRINTED NAME:

	
Robert Lambert

	 	
PRINTED NAME:

	
Richard Hersch

	 
	
TITLE:

	
President/CEO

	 	
TITLE:

	
Chairman

	 
	
DATE:

	
April 26 , 2007

	 	
DATE:

	
September 27, 2007
Order entered February 1 3 , 2017

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 16
- 00846
- CR
DOUGLAS ALLEN MACHUT TA, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7

Dallas County, Texas Trial Court Cause No. F15
- 23625
- Y



### O RDER
Before the Court is appellant’s February 6, 2017 motion to hold the appeal in abeyance or grant time to resolve record issues and restart the briefing timetable. Appellant seeks abatement of this appeal pending resolution of the State’s appeal in companion ca u se no. 05

- 16

- 01160

- CR or, alternatively, a pause in the briefing deadlines so that the parties may reconstruct and file by agreement five defense exhibits adm itted into evidence during the hearing on appellant’s motion
for new trial that have been lost

. On February 10, 2017, Official Court Reporter Vearneas Faggett filed a supplemental reporter’s record with two of the five exhibits.
We DENY relief on that par t of appellant’s motion requesting an abatement until after
cause no. 05

- 16

- 01160

- CR is decided.We GRANT the alternate relief sought in appellant’s motion. We ORDER counsel for

the parties to confer with each other and with Official Court Reporter Vea rneas Faggett by February 27, 2017, regarding whether the remaining lost defense exhibits from the new trial hearing may be reconstructed and replaced by agreement of the parties. In the event some or all of the exhibits may be filed by agreement, we furt her ORDER Official Court Reporter Vearneas Faggett to file a supplemental reporter’s record containing the agreed exhibits by March 6 , 2017. In the event one or more of the three remaining lost exhibits cannot be replaced by agreement of the parties, we ORDER counsel for appellant to file a letter with the Court by March 6 , 2017 , identifying which exhibits cannot be replaced by agreement of the parties and indicating whether such exhibits are necessary to resolve the appeal.
We EXTEND the time to file a ppellant’s brief until April 3, 2017.
We DIRECT the clerk to send copies of this order to the Honorable Elizabeth Frizell, Presiding Judge, Criminal District Court No. 7 , to Official Court Reporter Vearneas Faggett , and to counsel for the parties.

/s/ LANA MYERS JUSTICE
#### In the Matter of Curtis Moore, Petitioner, v Glenn S. Goord, as Commissioner of the Department of Correctional Services, Respondent.

[719 NYS2d 309]

Proceeding pursuant to *683CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges the determination finding him guilty of violating the prison disciplinary rules that prohibit conduct which is intended to result in a riot and urging other inmates to participate in a demonstration. Initially, we reject petitioner’s assertion that the misbehavior report was insufficient to provide him with specific dates and times regarding the alleged charges. Inasmuch as the charges resulted from an ongoing investigation, it was sufficient for the misbehavior report to set forth the date and time that petitioner’s cell was searched uncovering the documents at issue rather than to attempt to specify the exact dates and times when petitioner was alleged to be involved in the charged conduct *(see, Matter of Carini v Mann,*237 AD2d 761).

Among the evidence presented at the hearing was information from confidential informants which prompted a search of petitioner’s cell, the misbehavior report relating that documents advocating a State-wide prison demonstration were discovered during the cell search and corroborating testimony from two correction officers involved in the investigation. Significantly, it was determined upon examination of the demonstration material found in petitioner’s cell that the documents were originals rather than copies. In view of the foregoing, substantial evidence supports the determination of petitioner’s guilt *(see, Matter of Foster v Coughlin,*76 NY2d 964, 966; *Matter of Velez v Goord,*262 AD2d 906). Furthermore, despite petitioner’s claim to the contrary, a review of the in camera confidential testimony reveals that there was sufficient proof and corroborating evidence for the Hearing Officer to independently assess the credibility of the confidential informants *(see, Matter of Sanabria v Senkowski,*274 AD2d 799). Petitioner’s remaining contentions have been reviewed and found to be without merit.

Mercure, J. P., Peters, Carpinello, Rose and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
STATE of North Carolina v. Barbara Lynne HENRICKSEN

No. COA17-953

Court of Appeals of North Carolina.

Filed: April 17, 2018

NO PLAIN ERROR IN PART, VACATED IN PART. REMANDED.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4634 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4634

    To amend the Internal Revenue Code of 1986 to allow Federal law 
enforcement officers and firefighters to make penalty-free withdrawals 
                 from governmental plans after age 50.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2014

 Mr. Reichert (for himself and Mr. Pascrell) 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 allow Federal law 
enforcement officers and firefighters to make penalty-free withdrawals 
                 from governmental plans after age 50.

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

SECTION 1. EARLY RETIREMENT DISTRIBUTIONS TO FEDERAL LAW ENFORCEMENT 
              OFFICERS AND FIREFIGHTERS IN GOVERNMENTAL PLANS.

    (a) In General.--Subparagraph (B) of section 72(t)(10) of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking the period at the end and inserting ``, 
        or'',
            (2) by striking ``means any employee'' and inserting the 
        following: ``means--
                            ``(i) any employee'', and
            (3) by adding at the end the following new clause:
                            ``(ii) any Federal law enforcement officer 
                        described in section 8331(20) or 8401(17) of 
                        title 5, United States Code, any Federal 
                        customs and border protection officer described 
                        in section 8331(31) or 8401(36) of such title, 
                        or any Federal firefighter described in section 
                        8331(21) or 8401(14) of such title.''.
    (b) Application to Defined Contribution Plans.--Subparagraph (A) of 
section 72(t)(10) of such Code is amended by striking ``which is a 
defined benefit plan''.
    (c) Effective Date.--The amendments made by this section shall 
apply to distributions after the date of the enactment of this Act.
                                 <all>
```
Nathaniel R. WEBB v. WAKE COUNTY DETENTION CENTER

No. 59P18

Supreme Court of North Carolina.

April 5, 2018

Daniel P. O'Brien, Special Deputy Attorney General, for Wake County Detention Center.

Nathaniel R. Webb, for Webb, Nathaniel R.

***ORDER***

Upon consideration of the petition filed by Plaintiff on the 26th of February 2018 in this matter for a writ of certiorari to review the order of the Superior Court, Wake County, the following order was entered and is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 5th of April 2018."
# C_2010024EN.01007001.xml

| 30.1.2010 | EN | Official Journal of the European Union | C 24/70 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

C 24/70

---

Judgment of the Civil Service Tribunal (Second Chamber) of 10 September 2009 — Behmer v Parliament

(Case F-47/07) (1)

1

(Promotion - 2005 Promotions procedure - Decision on Policy on promotion and on career planning - Procedure for the award of promotion points in the European Parliament - Unlawfulness of instructions governing that procedure - Consultation of the Staff Regulations Committee - Comparative examination of the merits - Discrimination against staff representatives)

2010/C 24/126

Language of the case: French

Parties

Parties

Applicant: Joachim Behmer (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal, lawyers)

Applicant:

Defendant: European Parliament (represented by: C. Burgos and R. Ignătescu, Agents)

Defendant:

Re:

Re:

First, annulment of the decision of the appointing authority of the Parliament not to appoint the applicant to grade A*13 in the 2005 promotions procedure and, second, declaration of the unlawfulness of the decision of the Bureau of the Parliament relating to the ‘Policy on promotion and on career planning’ of 6 July 2005 and of the ‘Implementing measures relating to the award of merit points and to promotion’ of 25 July 2005.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders each party to bear its own costs. |
| --- | --- |

2.

Orders each party to bear its own costs.

---

(1)  OJ C 170, 21.7.2007, p. 43.

1

---
EXHIBIT 32.2

CERTIFICATIONS



The
undersigned, as the chief financial officer of Valley Financial Corporation, certify that the Form 10-KSB for the year ended December 31, 2003, which accompanies this certification, fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934 and the information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of Valley Financial Corporation at the dates and for
the periods indicated. The foregoing certification is made solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code and is subject to the knowledge and willfulness qualifications contained in Title 18, Chapter 63, Section
1350(c).



Dated: March 30, 2004



/s/ A. Wayne LewisChief Financial Officer
[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Notices]
[Page 55423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18934]



[[Page 55423]]

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

DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission

[F.C.S.C. Meeting Notice No. 5-05]


Sunshine Act Meeting

    The Foreign Claims Settlement Commission, pursuant to its 
regulations (45 CFR part 504) and the Government in the Sunshine Act (5 
U.S.C. 552b), hereby gives notice in regard to the scheduling of 
meetings for the transaction of Commission business and other matters 
specified, as follows:

Date and Time: Thursday, September 29, 2005, at 10 a.m.

Subject Matter: Issuance of Proposed Decisions in Claims Against 
Albania.

Status: Open.
    All meetings are held at the Foreign Claims Settlement Commission, 
600 E Street, NW., Washington, DC. Requests for information, or advance 
notices of intention to observe an open meeting, may be directed to: 
Administrative Officer, Foreign Claims Settlement Commission, 600 E 
Street, NW., Room 6002, Washington, DC 20579. Telephone: (202) 616-
6988.

    Dated at Washington, DC.
Mauricio J. Tamargo,
Chairman.
[FR Doc. 05-18934 Filed 9-19-05; 11:31 am]
BILLING CODE 4410-01-P