alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-86,487-01

EX P ARTE EVENDER GENE JACK SON, JR., Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. WRIT 09127 IN THE 196TH DIST RICT COURT

F ROM HUNT COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y o u ng , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of ag g ravat ed robber y and sentenc ed to fifty y ear s’ imprisonment. The Six th Court of Appea ls aff irmed his conviction. Jack

son v. State , 487 S.W .3d 648 (Tex. App.—Texarkana 2016). I n a single g round, Applicant contends that his appellate counsel failed to timely notify him that his conviction had bee n aff irmed. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984); Ex p a r t e W ilson , 956 S.W .2d 25 (Tex. Crim. App. 1997). In these2

circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court shall order appellate counsel to respond to Applicant’s claim. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)

. I f the trial c ourt elec ts to hold a hearing , it sha ll de termine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr es en t ed by counsel, the trial court shall appoint an attorney to repre sent him at the hea ring . T E X . C O D E C R I M . P R O C . art. 26.04. The trial court s h al l m ake finding s of fac t and conclusions of law as to whether appellate counsel timely informed Applicant that his conviction had been aff irmed. The trial court shall also make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applica

nt’s claim for ha

beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved wi t h i n 9 0 d ay s of this order

. A supplemental transcr ipt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court withi n 120 day s of the date of this order. A ny extensions of time must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Mar ch 22, 2017 Do not publish
STATE of North Carolina v. Joseph BLAKENEY, Defendant

No. COA17-395

Court of Appeals of North Carolina.

Filed: December 19, 2017

NO ERROR.
#### FLORIDA DEPT. OF CHILDREN AND FAMILY SERVICES, Petitioner, v. In the Interest of C.K., Respondent.

No. 3D03-966.

District Court of Appeal of Florida, Third District.

June 25, 2003.

Rehearing Denied Aug. 6, 2003.

Calianne P. Lantz, for Petitioner.

M. Cristina Gonzalez; Nancy Schleifer, Miami, for Respondent.

Bernard Perlmutter and Gerard F. Glynn (Orlando), Amici Curiae for Florida’s Children First! and University of Miami School of Law Children & Youth Law Clinic.

Before LEVY, FLETCHER, and SHEVIN, JJ.

FLETCHER, Judge.

The Florida Department of Children and Family Services [Department] seeks the issuance of a writ of prohibition directed to the trial court. The Department contends that the trial court is attempting to extend its dependency court jurisdiction over C.K. notwithstanding that C.K. has attained the age of 18. These attempts relate to the enforcement of orders relating to C.K. which were entered by the trial court prior to C.K.’s becoming 18 years old. With a great deal of concern for the future of C.K.,1 we nonetheless must follow the law and direct the trial court to cease *207its efforts to exercise jurisdiction over C.K.2

We withhold issuing the writ feeling assured that the trial court will comply herewith.

1

. For a thorough analysis of the applicable law (and of concerns like ours) *see L.Y. v. Department of Health & Rehab. Servs.,*696 So.2d 430 (Fla. 4th DCA 1997).

2

. *N.L. v. Department of Children & Family Servs.,*770 So.2d 220 (Fla. 3d DCA 2000); *L.Y. v. Department of Health & Rehab. Servs.,*696 So.2d 430 (Fla. 4th DCA 1997).
* Pursuant to 5TH CIR. R. 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 5TH CIR. R.

47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 96-31218

____________________

EUREKA HOMESTEAD SOCIETY

Plaintiff-Appellant,

versus

HOWARD, WEIL, LABOUISSE, FREDERICHS, INC.;

BARTON N. McLAUGHLIN

Defendants-Appellees.

_______________________________________________

Appeal from the United States District Court

for the Eastern District of Louisiana

New Orleans

 (94-CV-452-D) 

_______________________________________________

November 14, 1997

Before JOLLY, DAVIS, and BARKSDALE, Circuit Judges:

PER CURIAM:*

Among other things, the evidence supports the jury’s

ratification findings. AFFIRMED. See Local Rule 47.6.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4443 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 4443

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 9, 2014

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 90 Vermilyea Avenue, in New York, New York, as the ``Corporal Juan 
                Mariel Alcantara Post Office Building''.

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

SECTION 1. CORPORAL JUAN MARIEL ALCANTARA POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 90 Vermilyea Avenue, in New York, New York, shall be known 
and designated as the ``Corporal Juan Mariel Alcantara Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Corporal 
Juan Mariel Alcantara Post Office Building''.

            Passed the House of Representatives September 8, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
STATE of North Carolina v. Kenneth GORE, Jr.

No. 439P17

Supreme Court of North Carolina.

April 5, 2018

Kimberly P. Hoppin, Attorney at Law, for Gore, Kenneth (Jr.)

Marc Bernstein, Special Deputy Attorney General, Jon David, District Attorney, for State of North Carolina

***ORDER***

Upon consideration of the petition filed on the 28th of December 2017 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 5th of April 2018."
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4527 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 4527

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 9, 2014

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
To remove a use restriction on land formerly a part of Acadia National 
Park that was transferred to the town of Tremont, Maine, and for other 
                               purposes.

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

SECTION 1. USE RESTRICTION REMOVED.

    The Act entitled ``An Act to authorize the conveyance, for school 
purposes, of certain land in Acadia National Park to the town of 
Tremont, Maine, and for other purposes'', approved August 1, 1950, is 
amended by adding at the end the following: ``Lands conveyed to the 
town of Tremont, Maine, under the Act known as NPS Tract 06-126, which 
were conveyed by the National Park Service in deed recorded at the 
Hancock County Registry of Deeds Book 737 Page 467, National Park 
Service Deed 377, shall no longer be required to be used exclusively 
and perpetually for school purposes and upon the discontinuance of such 
use of said land, or any part thereof, shall no longer be required to 
revert to the United States.''.

            Passed the House of Representatives September 8, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### National Institute of Corrections

*Time and Date:*                     8 a.m. to 4:30 p.m. on Monday, October 17, 2005; 8 a.m. to 12 p.m. on Tuesday, October 18, 2005.                

*Place:*                     The Radisson Hotel, Old Town Alexandria, 901 North Fairfax Street, Alexandria, Virginia 223147.                

*Status:*                     Open.                

*Matters To Be Considered:*                     Mental Health Hearing and Activities; Report Mentoring Children of Prisoners; DOJ Faith Based Office; Prison Rape Elimination Act (PREA) Panel American University Project; Quarterly Report by Office of Justice Programs.                

*For Further Information Contact:*                     Larry Solomon, Deputy Director, 202-307-3106, ext. 44254.                

Morris L. Thigpen,

Director.

[FR Doc. 05-19448 Filed 9-28-05; 8:45 am]

BILLING CODE 4410-36-M
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6588

FELIBERTO DIAZ, Plaintiff - Appellant, versus CHRISTOPHER MILLER; DEAN PRICE; ALVIN DANIELS; HENRY WILLIAMS; CAPTAIN STONE; FRED B. MURCHISON; HATTIE PIMPONG, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:04-ct-00492-BO) Submitted: September 28, 2006 Decided: October 6, 2006 Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Feliberto Diaz, Appellant Pro Se. Elizabeth F. Parsons, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Feliberto Diaz appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Diaz v. Miller , No. 5:04-ct-00492-BO (E.D.N.C. Mar. 17, 2006). 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
No. 85-6536.

#### Ferri *v.*United States.

C. A. 3d Cir. Certiorari denied.
EXHIBIT 32.2

CERTIFICATION

I, Michael J. McClure, Executive Vice President and Chief Financial Officer of
Affirmative Insurance Holdings, Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350 to the best of my knowledge, that:



|(3) | the Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2008 (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(4) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

This certificate is being furnished solely for purposes of Section 906.

Date: May 8, 2008



/s/ Michael J. McClureMichael J. McClureExecutive Vice President and Chief Financial Officer(Principal Financial 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 U.S. Securities and Exchange Commission or its staff upon request.
SETTLERS EDGE HOLDING COMPANY, LLC; Mountain Air Development Corporation; Virginia A. Banks; William R. Banks ; Jeani H. Banks; Michael R. Watson ; Sheree B. Watson; Virginia A. Banks, William R. Banks, and Sheree B. Watson in their capacity as Trustees of William A. Banks Revocable Trust; Morris Atkins in his capacity as Trustee of William Banks Family Irrevocable Trust Number 1; and Morris Atkins in his capacity as Trustee of William Banks Family Irrevocable Trust Number 2 v. RES-NC SETTLERS EDGE, LLC

No. 17P17

Supreme Court of North Carolina.

March 16, 2017

G. Kirkland Hardymon, Attorney at Law, Ross R. Fulton, Attorney at Law, Benjamin E. Shook, Attorney at Law, Charlotte, for Settlers Edge Holding Company, LLC, et al.

Christopher Blake, Attorney at Law, D. Martin Warf, Attorney at Law, Leslie L. Mize, Attorney at Law, Raleigh, for RES-NC Settlers Edge, LLC.

***ORDER***

Upon consideration of the petition filed on the 11th of January 2017 by Plaintiffs 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 16th of March 2017."
LEE v. FREEMAN

190P17-1

Supreme Court of North Carolina.

August 17, 2017

Brandon Lee, for Lee, Brandon

Daniel P. O'Brien, Special Deputy Attorney General, for Freeman, James.

The following order has been entered on the motion filed on the 12th of June 2017 by Plaintiff for Appeal of Decision of the North Carolina State Bar:

"Motion Dismissed by order of the Court in conference, this the 17th of August 2017."
Exhibit 31.1**CERTIFICATION**I, Matthew P. Clifton, Chairman of the Board and Chief Executive Officer of Holly LogisticServices, L.L.C., the general partner of HEP Logistics Holdings, L.P., the general partner of HollyEnergy Partners, L.P., 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 quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this quarterly report;3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periods presentedin this quarterly report;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)) 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 quarterly report is being prepared;b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the periodcovered by this quarterly report based on such evaluation; andc) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the period covered by this quarterly reporton Form 10-Q that has materially affected, or is reasonably likely to materiallyaffect, the registrant’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: August 4, 2005 /s/ Matthew P. Clifton     Matthew P. Clifton  Chairman of the Board and Chief Executive Officer
<PAGE>

                                                                    EXHIBIT 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The Board of Directors
Northfield Laboratories Inc.:

     We consent to the incorporation by reference in the registration statements
(Nos. 333-15877, 333-51681, 333-79579, 333-102672 and 333-110110) on Form S-8
and the registration statements (Nos. 333-106615, 333-115459 and 333-121622) on
Form S-3 of Northfield Laboratories Inc. of our reports dated August 12, 2005,
with respect to the balance sheets of Northfield Laboratories Inc. as of May 31,
2005 and 2004, and the related statements of operations, shareholders' equity
(deficit), and cash flows for each of the years in the three-year period ended
May 31, 2005, and for the cumulative period from June 19, 1985 (inception)
through May 31, 2005, management's assessment of the effectiveness of internal
control over financial reporting as of May 31, 2005, and the effectiveness of
internal control over financial reporting as of May 31, 2005, which reports
appear in the May 31, 2005 annual report on Form 10-K of Northfield Laboratories
Inc.

     As discussed in Note 4 to the financial statements, the Company adopted
Statement of Financial Accounting Standards No. 143, "Accounting for Asset
Retirement Obligations," as of June 1, 2003.

                                          /s/ KPMG LLP

Chicago, Illinois
August 12, 2005
##### 



Holly Energy Partners, L.P.
Computation of Ratio of Earnings
To Fixed Charges
 ThreeMonthsEnded
    
    
    Years Ended December 31,March 31,2006
    
    
    2005
    
    
    2004
    
    
    2003
    
    
    2002
    
    
    2001Earnings:Net income
    
    $
    7,135
    
    
    $
    26,816
    
    
    $
    32,494
    
    
    $
    581
    
    
    $
    2,670
    
    
    $
    2,423Minority interest in consolidated subsidiary
    
    
    245
    
    
    
    740
    
    
    
    1,994
    
    
    
    758
    
    
    
    
    
    
    
    Income from equity investee
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    (894
    )
    
    
    (2,737
    )
    
    
    (2,284
    )7,380
    
    
    
    27,556
    
    
    
    34,488
    
    
    
    445
    
    
    
    (67
    )
    
    
    139Add:Total fixed charges (per below)
    
    
    3,598
    
    
    
    11,324
    
    
    
    2,279
    
    
    
    1,665
    
    
    
    1,657
    
    
    
    1,625Distributed income of equity investee
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    2,487
    
    
    
    1,243Total earnings
    
    $
    10,978
    
    
    $
    38,880
    
    
    $
    36,767
    
    
    $
    2,110
    
    
    $
    4,077
    
    
    $
    3,007Fixed charges:Interest expense
    
    $
    3,178
    
    
    $
    9,633
    
    
    $
    697
    
    
    $
    
    
    
    $
    
    
    
    $
    Estimate of interest within rental expense(1)
    
    
    420
    
    
    
    1,691
    
    
    
    1,582
    
    
    
    1,665
    
    
    
    1,657
    
    
    
    1,625Total fixed charges
    
    $
    3,598
    
    
    $
    11,324
    
    
    $
    2,279
    
    
    $
    1,665
    
    
    $
    1,657
    
    
    $
    1,625Ratio of earnings to fixed charges
    
    
    3.05
    
    
    
    3.43
    
    
    
    16.13
    
    
    
    1.27
    
    
    
    2.46
    
    
    
    1.85
 
 (1)
    
    Represents 30% of the total operating lease rental expense which is that portion deemed to
be interest.