alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of North Carolina v. Anthony Worth WYRICK

No. 53P18

Supreme Court of North Carolina.

May 9, 2018

Mr. James R. Glover, Chapel Hill, Attorney at Law, for Wyrick, Anthony Worth

Ms. Ann B. Petersen, Chapel Hill, Attorney at Law, for Wyrick, Anthony Worth

Ms. Kimberly N. Callahan, Assistant Attorney General, for State of North Carolina

Mr. R. Andrew Murray, District Attorney, for State

***ORDER***

Upon consideration of the petition filed on the 20th of February 2018 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 9th of May 2018."
<PAGE>

                                                                    EXHIBIT 23.1


CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the registration statements
on Form S-8 (Nos. 333-03889, 333-58907, 333-28151, 333-78523 and 333-48220)
pertaining to Targeted Genetics Corporation's 1992 Restated Stock Option Plan,
Stock Option Plan for Nonemployee Directors, 1999 Stock Option Plan and 2000
Genovo, Inc. Roll-Over Stock Option Plan and the registration statements on Form
S-3 (Nos. 333-51625, 333-86509, 333-50214 and 333-33192), of our report dated
February 12, 2001, with respect to the financial statements of Targeted Genetics
Corporation included in the Annual Report (Form 10-K) for the year ended
December 31, 2000.



                                                               Ernst & Young LLP


Seattle, Washington
March 16, 2001
On petition for review filed May 12,*

petition for review allowed; decision of Court of Appeals vacated and case remanded to circuit court with instructions October 28,

reconsideration denied December 14,1999

#### BATZER CONSTRUCTION, INC., *Petitioner on Review, v.*VALIANT INSURANCE COMPANY, *Respondent on Review.*

(CC 95-4889-L-1; CA A95823; SC S46449)

988 P2d 376

Charles R. Schrader and Emi *Á.*Murphy, of Tarlow, Jordan & Schrader, Portland, filed the petition for petitioner on review.

Timothy C. Gerking, of Brophy, Mills, Schmor, Gerking & Brophy, LLP, Medford, filed the response for respondent on review.

*

 Appeal from Jackson County Circuit Court, 158 Or App 126, 970 P2d 700 (1999).

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the circuit court with instructions to dismiss the action unless plaintiff makes all persons who have any claim or interest that would be affected by the requested declaration parties to the action within a time to be set by the circuit court.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Jackson Hewitt Tax Service Inc. (the Company) on Form 10-Q for the period ended
January 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael D. Lister, as President and Chief Executive 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, 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; 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/ Michael D. Lister                
|Michael D. Lister                    
|President and Chief Executive Officer
|March 17, 2006                       



41
#### The People of the State of New York, Respondent, v Scott Leung, Appellant.

[718 NYS2d 863]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered March 18, 1994, convicting him of robbery in the first degree (six counts), burglary in the first degree, robbery in the second degree (six counts), and unlawful imprisonment in the first degree (seven counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the convictions of unlawful imprisonment in the first degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

Contrary to the defendant’s contentions, the comments made by a prosecution witness during his testimony and by the prosecutor during summation, even if viewed cumulatively, do *481not require reversal *(see, People v Galloway,*54 NY2d 396; *People v Ortiz,*54 NY2d 288). In addition, the Supreme Court properly imposed a mandatory surcharge on the defendant for each of the six counts of robbery in the first degree, as each count pertained to a separate and distinct act of taking property from a separate victim *(see,*Penal Law § 60.35; *People v Ochoa,*263 AD2d 359).

The defendant’s contention that the police did not have probable cause to arrest him, which is raised for the first time on appeal in his supplemental *pro se*brief, is unpreserved for appellate review and we decline to exercise our interest of justice jurisdiction *(see,*CPL 470.05 [2]; *People v Walker,*251 AD2d 356). Additionally, the defendant was provided with meaningful representation, and his contentions with respect thereto are either without merit or amount to nothing more than disagreement with trial tactics *(see, People v Hobot,*84 NY2d 1021; *People v Rivera,*71 NY2d 705).

However, the defendant’s convictions of seven counts of unlawful imprisonment in the first degree must be vacated and those counts of the indictment dismissed, as those convictions merged with the convictions on the counts of robbery in the first degree and robbery in the second degree *(see, People v Yong Yu Ye,*279 AD2d 489 [decided herewith]; *see also, People v Gonzalez,*80 NY2d 146; *People v Cassidy,*40 NY2d 763). O’Brien, J. P., Santucci, H. Miller and Schmidt, JJ., concur.
STATE of North Carolina, v. Warren H. MITCHELL, Defendant and Terrence C. Rushing, Bail Agent, and Agent Associates Insurance, L.L.C., Surety.

No. COA17-534

Court of Appeals of North Carolina.

Filed: October 3, 2017

VACATED REMANDED.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Jackson Hewitt Tax Service Inc. (the Company) on Form 10-Q for the period ended October 31, 2008, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Michael C. Yerington, as Chief Executive 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, 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; 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/    MICHAEL C. YERINGTON          
|Michael C. Yerington                 
|President and Chief Executive Officer
|December 10, 2008
STATE of North Carolina v. Christopher MOSBY

No. COA16-1295

Court of Appeals of North Carolina.

Filed: November 21, 2017

VACATED. REMANDED.
#### Konduko T. BUFFORD, Appellant, v. The STATE of Florida, Appellee.

No. 3D03-551.

District Court of Appeal of Florida, Third District.

Aug. 20, 2003.

Konduko T. Bufford, in proper person.

Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and SHEVIN, JJ.

PER CURIAM.

We affirm the order denying defendant’s motion to correct illegal sentence as to the conviction for count two. However, on remand, the sentence for count two shall be corrected to reflect the trial court’s oral prison releasee reoffender adjudication on this count. As to count three, based on the state’s proper concession, we vacate the prison releasee reoffender adjudication on this count, as that conviction is not for an enumerated offense.
[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Page 57321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19524]


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

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Nominations and Related Actions

    Nominations for the following properties being considered for 
listing or related actions in the National Register were received by 
the National Park Service before September 17, 2005. Pursuant to Sec.  
60.13 of 36 CFR part 60 written comments concerning the significance of 
these properties under the National Register criteria for evaluation 
may be forwarded by United States Postal Service, to the National 
Register of Historic Places, National Park Service, 1849 C St., NW., 
2280, Washington, DC 20240; by all other carriers, National Register of 
Historic Places, National Park Service, 1201 Eye St., NW., 8th Floor, 
Washington, DC 20005; or by fax, (202) 371-6447. Written or faxed 
comments should be submitted by October 17, 2005.

Beth L. Savage,
Acting Chief, National Register/National Historic Landmarks Program.

COLORADO

Fremont County

South Canon High School, 1020 Park Ave., Canon City, 05001183

MISSOURI

Jackson County

Kansas City Police Station Number 4, (Railroad Related Historic 
Commercial and Industrial Resources in Kansas City, Missouri MPS), 
115 W. 19th St., Kansas City, 05001184

OHIO

Fulton County

Goll Homestead, 26093 Township Rd. F, Archbold, 05001185

Hamilton County

Oesterlein Machine Company--Fashion Frocks, Inc. Complex, 3301 
Colerain Av. and 1326 Monmouth Av., Cincinnati, 05001186

Stark County

Rochester Square Historic District, 6 & 10 Lintner Ct., NW.; 14, 
207, 212, 222, 228 & 232 Center St., W., Navarre, 05001187

SOUTH DAKOTA

Deuel County

Hoffman Barn, 16937 482 Av., Revillo, 05001188

Hamlin County

First National Bank of Norden, 503 Main Av., Lake Norden, 05001189

Lawrence County

Saint Onge State Bank, 214 Center St., Saint Onge, 05001190
Tomahawk Lake Country Club, US 385, Deadwood, 05001191

TEXAS

Bell County

Temple Commercial Historic District, Roughly bounded by French Av., 
3rd St., Av. D & 6th St., Temple, 05001192

Williamson County

Taylor Downtown Historic District, Roughly bounded by 5th, Washburn, 
1st & Vance Sts., Taylor, 05001193

UTAH

Davis County

Bountiful Historic District, Roughly bounded by 200 W., 500 S., 400 
E., & 400 N., Bountiful, 05001194

WISCONSIN

Price County

Wisconsin Concrete Park, WI 13 S., Worcester, 05001195

[FR Doc. 05-19524 Filed 9-29-05; 8:45 am]
BILLING CODE 4312-51-P
#### Vidal SOTO, Appellant, v. The STATE of Florida, Appellee.

No. 3D00-677.

District Court of Appeal of Florida, Third District.

Aug. 13, 2003.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and John D. Barker, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and RAMIREZ, JJ.

PER CURIAM.

Vidal Soto appeals the sentence imposed after a jury verdict of guilt on the offenses of armed burglary and armed robbery. The State concedes that defendant-appellant Soto is within the window period for purposes of *Heggs v. State,*759 So.2d 620 (Fla.2000), *see Trapp v. State,*760 So.2d 924 (Fla.2000), and that he is entitled to be resentenced.

Reversed and remanded for resentenc-ing.
# Official Journal L 35/2015

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 35 |
| | |
| English edition | Legislation | Volume 5811 February 2015 |

ISSN 1977-0677

Official Journal

of the European Union

L 35

English edition

Legislation

Volume 5811 February 2015

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2015/209 of 10 November 2014 on the signing, on behalf of the European Union, and provisional application of the Agreement for scientific and technological cooperation between the European Union and the Faroe Islands associating the Faroe Islands to Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) | 1 |
| | | Agreement for scientific and technological cooperation between the European Union and the Faroe Islands associating the Faroe Islands to Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) | 3 |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2015/210 of 10 February 2015 amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks | 16 |
| | | Commission Implementing Regulation (EU) 2015/211 of 10 February 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables | 18 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2015/209 of 10 November 2014 on the signing, on behalf of the European Union, and provisional application of the Agreement for scientific and technological cooperation between the European Union and the Faroe Islands associating the Faroe Islands to Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)

1

Agreement for scientific and technological cooperation between the European Union and the Faroe Islands associating the Faroe Islands to Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)

3

REGULATIONS

*

Commission Regulation (EU) 2015/210 of 10 February 2015 amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks

16

Commission Implementing Regulation (EU) 2015/211 of 10 February 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

18

| 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.
#### Patrick Michael POWERS, Appellant, v. STATE of Florida, Appellee.

No. 5D03-739.

District Court of Appeal of Florida, Fifth District.

Aug. 26, 2003.

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. *State v. Causey,*503 So.2d 321 (Fla.1987).

SHARP, W., THOMPSON and PALMER, JJ., concur.
STATE of North Carolina v. Jeremy Lee STEPHENS

No. 353P17

Supreme Court of North Carolina.

March 1, 2018

Ann B. Petersen, Attorney at Law, Chapel Hill, for Stephens, Jeremy Lee.

James R. Glover, Attorney at Law, Chapel Hill.

Steven Arbogast, Special Deputy Attorney General, for State of North Carolina.

Mary Carla Babb, Assistant Attorney General.

***ORDER***

Upon consideration of the petition filed by Defendant on the 23rd of October 2017 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

*601"Denied by order of the Court in conference, this the 1st of March 2018."
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

September 4, 2008 Clifford W. Taylor, Chief Justice 137197 & (16)(17) Michael F. Cavanag h Elizabeth A. Weave r Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. MAYOR OF DETROIT, Stephen J. Markman, J ustices Plaintiff-Appellant,

v SC: 137197 COA: 287462 Wayne CC: 08-122051-CZ GOVERNOR OF MICHIGAN and DETROIT CITY COUNCIL, Defendants-Appellees.

________________ _________________________/

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to ap peal the September 2, 2008 or der 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. The motion for stay of proceedings is
DENIED.

p0903 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 4, 2008

Clerk
#### KENTUCKY BAR ASSOCIATION, Movant, v. Phillip D. McKENZIE, Respondent.

No. 2003-SC-0531-KB.

Supreme Court of Kentucky.

Aug. 21, 2003.

*ORDER*

Pursuant to SCR 3.166, the Kentucky Bar Association moves for the entry of an order confirming the automatic temporary suspension of Respondent, Phillip D. McKenzie, from the practice of law due to his recent felony conviction. For the following reasons, the KBA’s motion is granted.

Respondent, whose last known bar roster address is 238 Main Street, P.O. Box 635, Grayson, Kentucky 41143, was admitted to the practice of law in Kentucky on October 1, 1974. On November 6, 2002, Respondent was indicted in the Greenup Circuit Court on eleven counts of Obtaining or Attempting to Obtain a Controlled Substance by Deception, in violation of KRS 218A.140, a Class D Felony, by obtaining a controlled substance with a prescription he received by withholding pertinent information from his physician. On June 26, 2003, Respondent pled guilty to counts III-XI of the indictment. Respondent was scheduled to be sentenced in the Greenup Circuit Court on July 17, 2003.

SCR 3.166(1) provides that any member of the KBA convicted of a felony shall be automatically suspended from the practice of law in this Commonwealth, and that the suspension shall take effect automatically on the day following the finding of guilt or *872upon the entry of judgment, whichever occurs first, and shall remain in effect until dissolved or superseded by order of this Court.

Upon the foregoing facts, it is ordered that:

1. The automatic suspension of Respondent, Phillip D. McKenzie, from the practice of law in Kentucky is hereby confirmed. Said suspension shall be effective from June 26, 2003, until dissolved or superseded by subsequent order of this Court.

2. Pursuant to SCR 3.166(4), Respondent shall notify all clients in writing of his inability to continue to represent them and to furnish copies of such letters to the Director of the KBA. In the event Respondent has failed to comply with the foregoing requirement, such letters shall be sent forthwith.

3. Pursuant to SCR 3.166(5), Respondent is hereby ordered to immediately cancel and cease any advertising activity in which he is engaged.

All concur.

ENTERED: August 21, 2003.

/s/ Joseph E. Lambert Chief Justice
Jeff MYRES, Employee v. STROM AVIATION, INC., Employer United States Fire Insurance Company/ Crum & Forster Insurance Company, Carrier

No. 327P17

Supreme Court of North Carolina.

December 7, 2017

Stanley E. Speckhard, Attorney at Law, Greensboro, for Myres, Jeff.

David A. Rhoades, Attorney at Law, Raleigh, Jaye E. Bingham-Hinch, Attorney at Law, Walter M. Dennis, Attorney at Law, Raleigh, for Strom Aviation, Inc., et al.

***ORDER***

Upon consideration of the petition filed on the 3rd of October 2017 by Plaintiff 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 7th of December 2017."
Exhibit 31.2**CERTIFICATION**I, Bruce R. Shaw, certify that:1. I have reviewed this quarterly report on Form 10-Q of Holly Energy Partners, L.P;2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to theperiod covered by this report;3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) and internal control over financial reporting (as defined in Exchange ActRules 13a-15(f) and 15d-15(f)) for the registrant and we have:a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;b) designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, to providereasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance withgenerally accepted accounting principles;c) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; andd) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the period covered by this report on Form10-Q that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performing the equivalentfunction):a) all significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; andb) any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.        Date: May 2, 2008  /s/ Bruce R. Shaw   Bruce R. Shaw   Senior Vice President and