alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
March 1 4 , 2013



### JUDGMENT 

## The Fourteenth Court of Appeals

MARCUS HILES , Appellant

NO. 14

- 12

- 00088

- CV V.

ARNIE & COMPANY, P.C

. , Appellee

________________________________ This cause, an appeal from the judgment in favor of appellee, Arnie & Company, P.C., signed, October 7, 2011, was heard on the transcript of the record. We have inspected the record and find no error in the judgment. We order the judgment of the court belo w AFFIRMED

. We order appellant, Marcus Hiles , to pay all costs incurred in this appeal.

We further order this decision certified below for observance.
## IN THE COU RT O F CR IM IN AL AP PE ALS OF TE XAS NOS. AP -76,428 & AP -76,429 EXP AR TE TIM OTEO JESU S GAR Z A I II , A pplic ant ON AP P LICATIONS FOR A WRIT OF HABEAS CORPUS CAUSE NOS. 19376 & 19377 IN THE 336TH DISTRICT COURT

F RO M F AN NI N CO UN TY P er cur i am . O P I N I O N Pursuant to the provisions of Article 11.07 of the Texas C o d e o f C ri minal Procedure , the cler k of t h e t ri al court tra

nsmitt ed to this Court these applications for a wr it of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant wa s convicted of indece ncy wi th a c hil d a nd a g g ra vate d s e xua l a ssa

ult and se nte nc e d to imp ri so nme nt f or tw e nty and fi ft y ye ars , re sp e c tiv e ly . He did

no t a pp e a l his c onvic tio ns . Applicant conte nds, amongother thing s, that his trial counsel r ender ed inef fec tive assistance beca use he fa iled to reque st a compete ncy evaluation. The trial cour t has deter

mined that trial c ouns e l w a s in e ff

e c tiv e . A c c or din g ly , r e lie f i s grante d. Th e jud g me nts of c onvic tio n in

c a us e2

numbers 19376 and 19377 in the 336th J udicial Dis trict Court of Fa nnin County

are set aside, a

nd Applicant is rema

nded to the custody

of the Sherif

f of F annin County

to answer

the cha rg es as se t out in the ind ic tme nts . Copies of this o p i n i o ns h al l b e s en tt o th e T ex as De p artm en to f C ri m i n al J u s t i ce – Correc tional Institut ions Division and Pardons and Paroles Division. Deliver ed: September

29, 2010 Do Not Publish
STATE of North Carolina v. Joshua Shane BAKER

No. COA18-70

Court of Appeals of North Carolina.

Filed: November 6, 2018

NO PREJUDICIAL ERROR.
Exhibit 32.1

                CERTIFICATION PURSUANT TO THE SARBANES-OXLEY ACT
                             18 U.S.C. SECTION 1350
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


I, Peter Toscano, President and CEO of U. S. Precious Metals, Inc. (the
"Company"), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my
knowledge:

      1. This Quarterly Report on 10KSB of the Company for the period ended
      November 30, 2005 as filed with the Securities and Exchange Commission
      (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: January 13, 2006.

/s/ Peter Toscano
-----------------------
Peter Toscano
(President and CEO)
**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**

 

Inconnection with the Quarterly Report of Trim Holding Group (the “Company”) on Form 10-Q for the quarterly period ended September 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Louis Bertoli, herebycertify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

 

|   | (1) | The Report fully complies  with the requirements of Section 13(a) or 15(d) of the Securities Exchange  Act of 1934; and |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------|

 

|   | (2) | The information contained  in the Report fairly presents, in all material respects, the financial  condition and results of operations of the Company as of the date and for the  periods expressed in the Report. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| /s/ Louis Bertoli       |
|-------------------------|
| Louis Bertoli           |
| Chief Executive Officer |
|                    |
| November 21, 2011       |

 

 

 

The foregoing certification is being furnished solelypursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Reportor as a separate disclosure document.

 

{00203627. }                                                              

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4688 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4688

   To amend the Second Chance Act of 2007 to reauthorize the grants 
program carried out by the Secretary of Labor to provide mentoring, job 
     training and job placement services, and other comprehensive 
  transitional services to assist eligible offenders in obtaining and 
   retaining employment, and to require a study on best practices by 
      nonprofit organization participating in such grants program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 2010

  Mr. Sestak introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To amend the Second Chance Act of 2007 to reauthorize the grants 
program carried out by the Secretary of Labor to provide mentoring, job 
     training and job placement services, and other comprehensive 
  transitional services to assist eligible offenders in obtaining and 
   retaining employment, and to require a study on best practices by 
      nonprofit organization participating in such grants program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Reintegration and Crime 
Prevention Act of 2010''.

SEC. 2. REAUTHORIZATION OF REINTEGRATION OF OFFENDERS GRANTS PROGRAM.

            (1) Best practices reports.--Section 212 of the Second 
        Chance Act of 2007 (42 U.S.C. 17532) is amended--
                    (A) in subsection (b), by adding at the end the 
                following new sentence: ``For grants awarded for 
                periods beginning on or after January 1, 2012, a grant 
                recipient under this section shall comply with the best 
                practices identified pursuant to subsection (g).''; and
                    (B) by inserting after subsection (f) the following 
                new subsection (and redesignating subsections (g) and 
                (h) as subsections (h) and (i), respectively):
    ``(g) Best Practice Report.--Not later than January 1, 2011, the 
Attorney General, in coordination with the Secretary of Labor, shall 
prepare a report identifying, based on the information submitted 
pursuant to subsection (f), best practices of nonprofit organizations 
under this section. The Attorney General shall make such report 
publicly available.''.
            (2) Program reauthorized through 2012.--Subsection (i) of 
        section 212 of such Act (42 U.S.C. 17532), as redesignated by 
        paragraph (1), is amended by inserting at the end before the 
        period the following: ``and $30,000,000 for each of fiscal 
        years 2011 and 2012''.
                                 <all>
```
**Exhibit
      32.2**




**SECTION
      1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER**




I,
      John
      Works, Chief Financial Officer of Rancher Energy Corp. (the Company), certify,
      that pursuant to Section 1350 of Chapter 63 of Title 18 of the United States
      Code:




(1)  The
      Company’s Quarterly Report on Form 10-Q for the quarterly period ended September
      30, 2008, as filed with the Securities and Exchange Commission on the date
      hereof (the Report) fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934, as amended; and




(2)  Information
      contained in the Report fairly presents, in all material respects, the financial
      condition and results of operations of the Company as of the dates and for
      the
      periods expressed in the Report.




/s/
                John WorksJohn
                WorksChief
                Financial OfficerNovember
                13, 2008
<PAGE>


                                                                    Exhibit 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the following
Registration Statements of RTI International Metals, Inc. of our reports, dated
January 24, 2003 relating to the financial statements and financial statement
schedule, which appear in this Form 10-K.

     o Form S-8 (File No. 33-36248) relating to the RMI 1989 Stock Option
       Incentive Plan

     o Form S-8 (File No. 33-38340) relating to the RMI Bargaining Unit
       employees Savings and Investment Plan

     o Form S-8 (File No. 33-38339) relating to the RMI Savings and Investment
       Plan

     o Form S-8 (File No. 33-63025) relating to the RMI Titanium Company 1995
       Stock Plan

     o Form S-8 (File No. 333-83028) relating to the Non Employee Director Stock
       Option Plan

     o Form S-8 (File No. 333-91420) relating to the RTI International Metals,
       Inc. Employee Savings and Investment Plan

     o Form S-3 (File No. 333-73281) relating to shares issued to selling
       shareholders in connection with the acquisition of New Century Metals,
       Inc.

     o Form S-3 (File No. 333-86729) relating to debt and equity securities of
       RTI International Metals, Inc.

We also consent to the reference to us under the heading "Experts" in the
registration statements on Form S-3 (File Nos. 333-73281 and 333-86729).


/s/ PricewaterhouseCoopers LLP

Pittsburgh, Pennsylvania
March 11, 2003
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.                  

###### Small Business Administration

          - [Disaster Declaration #10180 and #10181] 

# AGENCY:

Small Business Administration. 

# ACTION:

Amendment 3. 

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of Alabama (FEMA-1605-DR), dated August 29, 2005. 

*Incident:*                         Hurricane Katrina.                     

*Incident Period:*                         August 29, 2005 through September 26, 2005.                     

*Effective Date:*                         October 5, 2005.                     

*Physical Loan Application Deadline Date:*                         October 28, 2005.                     

*EIDL Loan Application Deadline Date:*                         May 29, 2006.                     

# ADDRESSES:

Submit completed loan applications to: Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. 

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416. 

# SUPPLEMENTARY INFORMATION:

The notice of the Presidential disaster declaration for the State of Alabama, dated August 29, 2005 is hereby amended to include the following areas as adversely affected by the disaster:

Primary Counties:

Marengo 

Contiguous Counties: 

Alabama, Dallas 

All other information in the original declaration remains unchanged. 

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008) 

S. George Camp,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. 05-20727 Filed 10-17-05; 8:45 am] 

BILLING CODE 8025-01-P
#### D. M., the Mother of D.W.M. and D.J. M., Children, Appellant, v. The DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 1D02-5276.

District Court of Appeal of Florida, First District.

July 11, 2003.

Connie Renee Clay, Jacksonville, for Appellant.

Michael Kapperman, Assistant General Counsel, State of Florida, Department of Children and Families, Jacksonville, for Appellee.

PER CURIAM.

Appellant argues that the trial court’s finding of acts constituting abandonment, abuse, and neglect, as defined in section 39.01, Florida Statutes (2002), was not supported by competent substantial evidence. We agree.

The record does not support the trial court’s finding that appellant neglected her children by (i) leaving them alone in the house, and (ii) because of her alleged substance abuse problems. *See C.C. v. Department of Children and Family Services,*812 So.2d 520, 523 (Fla. 1st DCA 2002)(ruling that the “trial court must determine whether substance abuse will affect a parent’s ability to provide the care and support the children need in the future”); *B.C. v. Department of Children and Families,*846 So.2d 1273, 2003 WL 21348582 (Fla. 4th DCA June 11, 2003)(holding that the record failed to support a finding of prospective abuse or neglect due to the father’s alcohol or drug use).

REVERSED and REMANDED.

WEBSTER, PADOVANO and POLSTON, JJ. concur.
* 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 Fifth Circuit 

## FILED June 27, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-60344 Summary Calendar
SUSAN EKESI TONGE, Petitioner,
versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A97 195 896

-------------------- Before JONES, Chief Judge, and BARKSDALE and BENAVIDES, Circuit Judges. PER CURIAM: * Susan Ekesi Tonge petitions for review of the decision of the Board of Immigration Appeals (BIA) summarily affirming the decision of the immigration judge (IJ) to deny her application for asylum, withholding of deportation, and relief under the Convention against Torture. “Credibility determinations are given great deference. .

. . [This court] cannot replace the Board or IJ’s determinations concerning witness credibility or ultimate factual findings based
on credibility determinations with its own determinations.” Efe v.2

Ashcroft, 293 F.3d 899, 905 (5th Cir. 2002). In order to prevail, Tonge must show that the evidence compels a finding contrary to the one of the IJ. See Chun v. INS, 40 F.3d 76, 79 (5th Cir. 1994). Tonge does not specifically address all of the inconsistencies cited by the IJ, and she only offers alternative reasons for them. She claims, for example, that her misstatements and her tendency to look away from the IJ during her testimony could have resulted from her lack of education. Tonge has not shown that the evidence presented compels a conclusion regarding her credibility contrary to the one reached by the IJ. Because the IJ had the benefit of observing Tonge’s demeanor and behavior during her testimony, it
was reasonable for him to make a credibility determination. In light of these facts, we conclude that the IJ’s finding that Tonge
was not a credible witness is supported by the record, and moreover, the contrary conclusion, that Tonge was credible, is not compelled by the record. See id. Therefore, we may not reverse the IJ’s finding. Tonge contends that she has established her eligibility for withholding of removal and relief under the Convention against Torture. In light of the adverse credibility determination, we need not consider whether Tonge has established an entitlement to such relief. See id. PETITION DENIED.
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in Registration Statements Nos. 333-78139, 333-92997, 333-100815, 333-110755, 33-123366, 333-123367, 333-133214, and 333-140425 on Form S-8; and Registration Statements Nos. 333-158267,333-136848, and 333-93857 on Form S-3, of our reports dated March 1, 2010, relating to the consolidated financial statements of Prosperity Bancshares, Inc. and subsidiaries, and the effectiveness of Prosperity Bancshares, Inc.’s internalcontrol over financial reporting, appearing in this Annual Report on Form 10-K of Prosperity Bancshares, Inc. and subsidiaries for the year ended December 31, 2009. 

/s/ Deloitte and Touche LLP 

Houston, Texas 

March 1, 2010
<PAGE>   1


                                                                    Exhibit 23.1



                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the following
registration statements of RTI International Metals, Inc. of our report dated
January 28, 2000 relating to the financial statements, which appears in this
Form 10-K.


o    Form S-8 (File No. 33-36248) relating to the RMI 1989 Stock Option
     Incentive Plan

o    Form S-8 (File No. 33-38340) relating to the RMI Bargaining Unit Employees
     Savings and Investment Plan

o    Form S-8 (File No. 33-38339) relating to the RMI Savings and Investment
     Plan

o    Form S-8 (File No. 33-63025) relating to the RMI Titanium Company 1995
     Stock Plan

o    Form S-3 (File No. 333-73281) relating to shares issued to selling
     shareholders in connection with the acquisition of New Century Metals, Inc.

o    Form S-3 (File No. 333-86729) relating to debt and equity securities of
     RTI International Metals, Inc.


We also consent to the reference to us under the heading "Experts" in the
registration statements on Form S-3 (File Nos. 333-73281 and 333-86729).

/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
Pittsburgh, Pennsylvania
March 28, 2000
----

**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**

|   | (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                Partnership. |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:    | /s/                Nancy J. McGurk     |
|--------|--------|----------------------------------------|
|   | Name:  | Nancy                J. McGurk         |
|   | Title: | Chief                Financial Officer |
|   | Date:  | November                14, 2005       |

----
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 the Treasury

# DATES:

Written comments should be received on or before November 21, 2005 to be assured of consideration. 

## Financial Management Service 

*OMB Number:*                     1510-0057.                 

*Type of Review:*                     Extension.                 

*Title:*                     Annual Letters—Certificate of Authority (A) and Admitted Reinsurer (B).                 

*Description:*                     Annual letters sent to insurance companies providing surety bonds to protect the U.S. or companies providing reinsurance to the U.S. Information is needed for renewal of certified companies and their underwriting limitations and of admitted reinsurers.                 

*Respondents:*                     Business or other for-profit.                 

*Estimated Total Burden Hours:*                     13,674 hour.                 

*Clearance Officer:*                     Jiovannah Diggs (202) 874-7662, Financial Management Service, Room 144, 3700 East West Highway, Hyattsville, MD 20782.                 

*OMB Reviewer:*                     Alexander T. Hunt (202) 395-7316, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503.                 

Michael A. Robinson, 

Treasury PRA Clearance Officer. 

[FR Doc. 05-20955 Filed 10-19-05; 8:45 am] 

BILLING CODE 4810-35-P