alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Donald WALKER, Appellant, v. STATE of Florida, Appellee.

No. 5D02-3813.

District Court of Appeal of Florida, Fifth District.

Aug. 8, 2003.

*864James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Ap-pellee.

TORPY, J.

The sole issue in this appeal is whether Appellant was properly designated as a sexual predator, after he pled guilty to one count of lewd or lascivious molestation and one count of lewd or lascivious exhibition, wherein the victim was Appellant’s minor child. We affirm.

Appellant contends that the sexual predator designation does not apply to him because of an ambiguity in the statute. The Florida Sexual Predators Act provides that an offender shall be designated a sexual predator, upon conviction, if:

> 1. The felony is:

> a. A capital, life, or first-degree felony violation, or any attempt thereof, of s. 787.01 or s. 787.02, *where the victim is a minor and the defendant is not the victim’s parent,*or of chapter 794, s. 800.04, or s. 847.0145, or a violation of similar law of another jurisdiction; or

> b. Any felony violation, or any attempt thereof, of s. 787.01, s. 787.02, or s. 787.025, *where the victim is a minor and the defendant is not the victim’s parent;*chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025, *where the victim is a minor and the defendant is not the victim’s parent;*s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s. 847.0145, or a violation of a similar law of another jurisdiction.

§ 775.21(4)(a)(l), Fla. Stat. (2002). (emphasis supplied).

Appellant contends that the statute does not apply to him because he is the parent of the victim. Appellant cites the emphasized language and argues that the statute is, at a minimum, ambiguous. We disagree. Appellant was convicted of violating section 800.04(5)(a)(b), Florida Statutes, and section 800.04(7)(a)(b), Florida Statutes. The limitation to which Appellant refers does not apply to these offenses. Rather, it only applies when the defendant is convicted of violating sections *865787.01, 787.02 or 787.025 of the Florida Statutes, which relate to kidnaping, false imprisonment and luring of a child, respectively.

AFFIRMED.

SAWAYA, C.J., and PALMER, J., concur.
#### STATE ex rel. Dwayne WILLIAMS v. STATE of Louisiana.

No. 2003-KH-1931.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Williams, Dwayne;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, to the Court of Appeal, Fourth Circuit, No. 2001-K-0146.

Denied. Relator’s conviction and sentence were not reversed by the appellate court’s ruling which remanded his co-defendant’s case to the trial court for a new trial. Consequently, relator is not entitled to the relief he seeks.

JOHNSON, J., would grant to consider whether relator was entitled to Brady materials before entering guilty plea.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6974

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

SALVATORE GRILLO,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Terrence W. Boyle, Chief

District Judge. (CR-93-33-BO, CA-97-90-5-BO)

Submitted: August 25, 1998 Decided: September 17, 1998

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Clifford James Barnard, Boulder, Colorado, for Appellant. Anne

Margaret Hayes, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,

North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Salvatore Grillo seeks to appeal the district court’s orders

denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 &

Supp. 1998), and denying his motion for reconsideration. We have

reviewed the record and the district court’s opinions and find no

reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court.

See United States v. Grillo, Nos. CR-93-33-BO; CA-97-90-5-BO

(E.D.N.C. May 7 & June 24, 1997). To the extent Grillo challenges

the district court’s jurisdiction to accept his guilty plea or

enter judgment against him, we find that the indictment was sufficient to notify Grillo of the elements of the 18 U.S.C. § 924(c)

(1994) offense. See Muscarello v. United States, ___ U.S. ___, 66

U.S.L.W. 4459, 4463 (U.S. June 8, 1998) (Nos. 96-1654, 96-8837);

United States v. Williams, ___ F.3d ___, 1998 WL 429863 at *3-4

(4th Cir. July 30, 1998) (No. 96-4162). Grillo’s claim that the

indictment was erroneously amended and his ineffective assistance

of counsel claims are barred from review because Grillo failed to

raise them before the district court in his § 2255 motion. See

Spencer v. Murray, 5 F.3d 758, 761-62 (4th Cir. 1993). Finally, we

find that Grillo’s guilty plea to the § 924(c) offense had a factual basis consistent with Bailey v. United States, 516 U.S. 137,

148-50 (1995). See Muscarello, 66 U.S.L.W. at 4463; United States

v. Mitchell, 104 F.3d 649, 654 (4th Cir. 1997). We dispense with
3

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.

DISMISSED
IN RE: T.T.E.

238A18-1

Supreme Court of North Carolina.

September 13, 2018

Michelle F. Lynch, Attorney at Law, for T.T.E.

Janelle Varley, Assistant Attorney General, Todd Williams, District Attorney, for State of North Carolina

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 11th of September 2018 by State of NC:

"Motion Allowed by order of the Court in conference, this the 13th of September 2018."

State of NC shall have up to and including the 22nd day of October 2018 to file and serve his/her brief with this Court.
**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 of StrikeForce Technologies, Inc. (the
      "Company") on Form 10-QSB for the period ending June 30, 2006, as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Mark
      L.
      Kay, acting in the capacity as the Chief Executive Officer of the Company,
      certify to the best of my knowledge, pursuant to 18 U.S.C. Section 1350, as
      adopted pursuant to Section 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 result of operations of the Company.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      StrikeForce Technologies, Inc. and will be retained by StrikeForce Technologies,
      Inc. and furnished to the Securities and Exchange Commission or its staff upon
      request.








*/s/
      Mark L. Kay*





*Mark
      L. Kay*


*Chief
      Executive Officer*




*August18,
      2006*
I 

111TH CONGRESS 

2D SESSION H. R. 4654 

To amend the Public Health Service Act to designate certain medical facilities 

of the Department of Veterans Affairs as health professional shortage 

areas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2010 

Mr. BRALEY of Iowa (for himself, Mr. BOSWELL, and Mr. LOEBSACK) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To amend the Public Health Service Act to designate certain 

medical facilities of the Department of Veterans Affairs 

as health professional shortage areas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Access to 

5 Care Act’’. 


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2 

•HR 4654 IH

1 SEC. 2. DESIGNATION OF MEDICAL FACILITIES OF THE DE2 PARTMENT OF VETERANS AFFAIRS AS 

3 HEALTH PROFESSIONAL SHORTAGE AREAS. 

4 (a) HPSA.—Section 332(a)(1) of the Public Health 

5 Service Act (42 U.S.C. 254e(a)(1)) is amended in the sec6 ond sentence by inserting ‘‘and medical facilities of the 

7 Department of Veterans Affairs (including State homes, 

8 as defined in section 101(19) of title 38, United States 

9 Code)’’ after ‘‘(42 U.S.C. 1395x(aa)),’’. 

10 (b) CONCURRENT BENEFITS.— 

11 (1) SCHOLARSHIP PROGRAM.—Section 338A(b) 

12 of the Public Health Service Act (42 U.S.C. 254l(b)) 

13 is amended— 

14 (A) in paragraph (3), by striking ‘‘and’’; 

15 (B) in paragraph (4), by striking the pe16 riod and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following new 

18 paragraph: 

19 ‘‘(5) not be participating in the Department of 

20 Veterans Affairs Health Professionals Educational 

21 Assistance Program under chapter 76 of title 38, 

22 United States Code.’’. 

23 (2) DEBT REDUCTION PROGRAM.—Section 

24 338B(b) of the Public Health Service Act (42 

25 U.S.C. 254l–1(b)) is amended— 

26 (A) in paragraph (2), by striking ‘‘and’’; 


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3 

•HR 4654 IH

1 (B) in paragraph (3), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 paragraph: 

5 ‘‘(4) not be participating in the Department of 

6 Veterans Affairs Health Professionals Educational 

7 Assistance Program under chapter 76 of title 38, 

8 United States Code.’’. 

9 (c) CONSULTATION.—In carrying out the National 

10 Health Service Corps Program under subpart II of part 

11 D of title III of the Public Health Service Act (42 U.S.C. 

12 254d et seq.), the Secretary of Health and Human Serv13 ices shall consult with the Secretary of Veterans Affairs 

14 with respect to health professional shortage areas that are 

15 medical facilities of the Department of Veterans Affairs 

16 (including State homes, as defined in section 101(19) of 

17 title 38, United States Code). 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date that is 90 days 

20 after the date of the enactment of this Act. 

Æ 


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In the MATTER OF Jonathan L.B. DAVIS, Respondent.

Appellate Case No. 2017-001783 Appellate Case No. 2017-001784

Supreme Court of South Carolina.

September 7, 2017

ORDER

**475The Office of Disciplinary Counsel asks this Court to place Respondent on interim suspension pursuant to Rule 17(c) of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR). The petition also seeks appointment of the Receiver pursuant to Rule 31, RLDE, Rule 413, SCACR.

IT IS ORDERED that Respondent's license to practice law in this state is suspended until further order of this Court.

IT IS FURTHER ORDERED that Peyre Thomas Lumpkin, Esquire, Receiver, is hereby appointed to assume responsibility for Respondent's client files, trust account(s), escrow account(s), operating account(s), and any other law office accounts Respondent may maintain. Mr. Lumpkin shall take action as required by Rule 31, RLDE, to protect the interests of Respondent's clients. Mr. Lumpkin may make disbursements from Respondent's trust account(s), escrow account(s), operating account(s), and any other law office accounts Respondent may maintain that are necessary to effectuate this appointment.

This Order, when served on any bank or other financial institution maintaining trust, escrow and/or operating account(s) of Respondent, shall serve as an injunction to prevent Respondent from making withdrawals from the account(s) and shall further serve as notice to the bank or other financial institution that Peyre Thomas Lumpkin, Esquire, Receiver, has been duly appointed by this Court.

Finally, this Order, when served on any office of the United States Postal Service, shall serve as notice that Peyre Thomas Lumpkin, Esquire, Receiver, has been duly appointed by this **476Court and has the authority to receive Respondent's mail and the authority to direct that Respondent's mail be delivered to Mr. Lumpkin's office.

Mr. Lumpkin's appointment shall be for a period of no longer than nine months unless an extension of the period of appointment is requested.

Within fifteen days of the date of this order, Respondent shall serve and file the affidavit required by Rule 30, RLDE. Should Respondent fail to timely file the required affidavit, he may be held in civil and/or criminal contempt of this Court as provided by Rule 30, RLDE.

*/s/ Donald W. Beatty*, C.J.

FOR THE COURT
Exhibit 32.1 

STATEMENT OF CHIEF EXECUTIVE OFFICER UNDER 18 U.S.C. § 1350 

I, Ashutosh Roy, the chief executive officer of eGain Corporation (the “Company”), certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to my knowledge, 

(i) the Annual Report of the Company on Form 10-K for the period ending June 30, 2014 the (“Report”), fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934, and 

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

 

| /s/ ASHUTOSH ROY |
|-----------------------|
| Ashutosh Roy          |

October 24, 2014

A signed original of this written statement required by 18 U.S.C. § 1350 has been provided to eGain Corporation and will be retained by eGain Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.2


                          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 Achievers Magazine Inc. (the
"Company") on Form 10-QSB for the period ended January 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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 presents, in all material
     respects, the financial condition and results of operations of the Company.

Date: March 16, 2007


/s/ Arto Tavukciyan
------------------------------------
Arto Tavukciyan
Principal Financial Officer
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL 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 January 31, 2009, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Daniel P. OBrien, as Chief Financial 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/ DANIEL P. OBRIEN                               
|Daniel P. OBrien                                   
|Executive Vice President and Chief Financial Officer
|March 12, 2009
#### Andrew Potash, Respondent, v Port Authority of New York and New Jersey, Respondent, and Ogden Allied Aviation Services, Inc., Appellant.

[719 NYS2d 290]

In an action to recover damages for personal injuries, the defendant Ogden Allied Aviation Services, Inc., appeals from (1) an order of the Supreme Court, Queens County (Schmidt, J.), dated December 3, 1999, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and (2) an order of the same court, dated August 8, 2000, which denied its motion for leave to renew and/or reargue.

Ordered that the appeal from so much of the order dated August 8, 2000, as denied that branch of the motion which was for leave to reargue is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the appeal from so much of the order dated August 8, 2000, as denied that branch of the motion which was for renewal is dismissed as academic in light of our determination of the appeal from the order dated December 3, 1999; and it is further,

Ordered that the order dated December 3, 1999, is reversed, on the law, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed; and it is further,

Ordered that the appellant is awarded one bill of costs.

The appellant based its motion for summary judgment, *inter alia,*on leases and lease renewals dating back to 1956 which demonstrated that the premises where the plaintiff fell were owned by the defendant Port Authority of New York and New Jersey, and leased by Ogden New York Services, Inc. (hereinafter Ogden New York), the plaintiff’s employer. Ogden New York was an independent subsidiary of the appellant, Ogden Allied Aviation Services, Inc. (hereinafter Ogden Aviation).

A parent corporation will not be held liable for the torts or obligations of a subsidiary unless it can be shown that the parent exercised complete dominion and control over the subsidiary *(see, Billy v Consolidated Mach. Tool Corp.,*51 NY2d 152; *Garcia v Union Carbide Corp.,*176 AD2d 219; *Horowitz v Aetna Life Ins.,*148 AD2d 584; *Alexander & Alexander v Fritzen,*114 AD2d 814, *affd*68 NY2d 968). Here, the plaintiff failed to op*563pose the defendant’s prima facie showing of entitlement to summary judgment with any evidence sufficient to raise a triable issue of fact as to whether Ogden Aviation so dominated the operation of its subsidiary that the corporate veil should be pierced, and Ogden Aviation should be held liable for the negligence of Ogden New York (see, *Pebble Cove Homeowners’ Assn. v Fidelity N. Y. FSB,*153 AD2d 843). Ritter, J. P., S. Miller, Luciano and Smith, JJ., concur.
----

Prior notification of a concentration

(Case COMP/M.3693 — TPV/Philips (Monitors))

(2005/C 170/07)

(Text with EEA relevance)

----

(1)OJ L 24, 29.1.2004, p. 1.

----
STATE of North Carolina v. Ferrante Vermond PERRY

No. 381P18

Supreme Court of North Carolina.

December 5, 2018

T. Hill Davis, III, Assistant Attorney General, Daniel P. O'Brien, Special Deputy Attorney General, Andrew Murray, District Attorney, for State of North Carolina

Ferante Vermond Perry, for Perry, Ferrante Vermond.

***ORDER***

Upon consideration of the petition filed by Defendant on the 29th of October 2018 in this matter for a writ of certiorari to review the order of the Superior Court, Mecklenburg County, the following order was entered and is hereby certified to the Superior Court of that County:

"Denied by order of the Court in conference, this the 5th of December 2018."

The following order has been entered on the motion filed on the 29th of October 2018 by Defendant to Proceed In Forma Pauperis:

"Motion Allowed by order of the Court in conference, this the 5th of December 2018."
IB 

Union Calendar No. 298 

113TH CONGRESS 

2D SESSION H. R. 4323 

[Report No. 113–404] 

To reauthorize programs authorized under the Debbie Smith Act of 2004, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2014 

Mr. GOODLATTE (for himself, Ms. BASS, Mr. SENSENBRENNER, Mr. CONYERS, and Mr. SCOTT of Virginia) introduced the following bill; which 

was referred to the Committee on the Judiciary 

APRIL 7, 2014 

Additional sponsors: Mr. CICILLINE, Mrs. CAROLYN B. MALONEY of New 

York, Ms. DELBENE, Ms. CHU, Ms. JACKSON LEE, Mr. FARENTHOLD, 

Mr. POE of Texas, Mr. FRANKS of Arizona, Mr. NADLER, Mr. COHEN, 

Mr. DEUTCH, Mr. GARCIA, and Mr. REICHERT

APRIL 7, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 4323 RH

A BILL 

To reauthorize programs authorized under the Debbie Smith 

Act of 2004, and for other purposes. 


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3 

•HR 4323 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Debbie Smith Reau5 thorization Act of 2014’’. 

6 SEC. 2. GENERAL REAUTHORIZATION. 

7 Section 2 of the DNA Analysis Backlog Elimination 

8 Act of 2000 (42 U.S.C. 14135) is amended— 

9 (1) in subsection (c)(3)— 

10 (A) in subparagraph (B), by striking 

11 ‘‘2010 through 2018’’ and inserting ‘‘2014 

12 through 2019’’; and 

13 (B) in subparagraph (C), by striking 

14 ‘‘2018’’ and inserting ‘‘2019’’; and 

15 (2) in subsection (j), by striking ‘‘2009 through 

16 2014’’ and inserting ‘‘2015 through 2019’’. 

17 SEC. 3. TRAINING AND EDUCATION. 

18 Section 303(b) of the DNA Sexual Assault Justice 

19 Act of 2004 (42 U.S.C. 14136(b)) is amended by striking 

20 ‘‘2009 through 2014’’ and inserting ‘‘2015 through 

21 2019’’. 

22 SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS. 

23 Section 304(c) of the DNA Sexual Assault Justice 

24 Act of 2004 (42 U.S.C. 14136a(c)) is amended by striking 


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•HR 4323 RH

1 ‘‘2009 through 2014’’ and inserting ‘‘2015 through 

2 2019’’. 


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Union Calendar No. 298 

113TH CONGRESS 

2D SESSION H. R. 4323 

[Report No. 113–404] 

A BILL 

To reauthorize programs authorized under the 

Debbie Smith Act of 2004, and for other purposes. 

APRIL 7, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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#### In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-070.

No. 2002-OB-3195.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Frenzel, Michael J.;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-070.

Leave to appeal denied.