alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE v. Maurice MCKINNON

304P18-1

Supreme Court of North Carolina.

January 30, 2019

Daniel P. O'Brien, Special Deputy Attorney General, R. David, District Attorney, for State of North Carolina.

Maurice McKinnon, for McKinnon, Maurice.

The following order has been entered on the motion filed on the 11th of September 2018 by Defendant for Petition for Discretionary Review:

"Motion Denied by order of the Court in conference, this the 30th of January 2019."
STATE v. Patrick MYLETT

6A19-1

Supreme Court of North Carolina.

January 14, 2019

W. Rob Heroy, Attorney at Law, Charlotte, for Mylett, Patrick.

Matthew W. Sawchak, Solicitor General, James W. Doggett, Deputy Solicitor General, Robert S. Banks, District Attorney, for State of North Carolina.

Ryan Y. Park, Deputy Solicitor General.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 11th of January 2019 by Defendant:

"Motion Allowed by order of the Court in conference, this the 14th of January 2019."

*40Defendant shall have up to and including the 8th day of March 2019 to file and serve his/her brief with this Court.
#### Mitchell D. JACKSON, Appellant, v. STATE of Florida, Appellee.

No. 2D02-1653.

District Court of Appeal of Florida, Second District.

Feb. 21, 2003.

Rehearing Denied June 27, 2003.

Laura Griffin, Ponte Vedra Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Ap-pellee.

SHARP, WINIFRED, J., Associate Judge.

Jackson appeals from the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850.. He was convicted of four counts of sexual battery,1 one count of kidnapping,2 and one count of aggravated battery.3 He appealed and his convictions and sentences were affirmed. *See Jackson v. State,*567 So.2d 438 (Fla. 2d DCA 1990). In 1993, he filed a prior motion pursuant to Florida Rule of Criminal Procedure 3.850, which after an evidentiary hearing, was denied. On appeal, the denial was affirmed. *See*
      *322
      *Jackson v. State,*653 So.2d 1037 (Fla. 2d DCA 1995).

We affirm for two reasons:

1) Jackson’s convictions and sentences were affirmed in 1990, and became final after an appeal. Pursuant to rule 3.850(b), he had only two years from that date in which to file a motion, absent various exceptions which are not alleged in this cause. Thus his motion is untimely.

2) Jackson’s motion is also improper because it is successive. *See Jones v. State,*591 So.2d 911 (Fla.1991). In his initial rule 3.850 motion, Jackson asserted his trial counsel was ineffective because he failed to object when the trial court neglected to administer the jury oath to the prospective jurors. The trial court rejected this claim on procedural and substantive grounds, and the denial order was affirmed.

We reject Jackson’s argument that this issue should be reconsidered in light of *Fernandez v. State,*758 So.2d 1199 (Fla. 4th DCA 2000), which holds that a defendant’s rule 3.850 claim that his trial counsel was ineffective because he did not object when the trial court faded to place prospective jurors under oath, was legally sufficient. A retroactive change in the law must be announced by the Florida Supreme Court or the United States Supreme Court to warrant post-conviction relief, not a sister intermediate court of appeal. *See Witt v. State,*387 So.2d 922 (Fla.1980), *cert. denied,*449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980); *Card v. Dugger,*512 So.2d 829 (Fla.1987).

The balance of Jackson’s arguments lack merit or constitute claims which should have been raised on direct appeal or in the prior rule 3.850 motion.

AFFIRMED.

PALMER, WILLIAM D., Associate Judge, and HARRIS, CHARLES C., Senior Associate Judge, concur.

. § 794.011(3), Fla. Stat.

. § 787.01(l)(a)(3), Fla. Stat.

.§ 784.045, Fla. Stat.
TD BANK, N.A. v. EAGLES CREST AT SHARP TOP, LLC, John W. Holdsworth, and John H. Seats

No. 350PA16

Supreme Court of North Carolina.

Filed October 26, 2018

Ward and Smith, P.A., Asheville, by Norman J. Leonard and Lance P. Martin, for plaintiff-appellee.

David R. Payne, P.A., by David R. Payne, Asheville and Brian W. Sharpe, Marshall, for defendant-appellants.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
#### STATE of Louisiana v. Greg P. RANKINS.

No. 2003-KH-1925.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Rankins, Greg P.;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. I, No. 2001-1568.

Granted for the sole purpose of transferring the filing to the district court for its consideration. The district court is directed to provide this Court with a copy of its ruling.
================================================================================

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  Denia  Enterprises  Inc.  (the
"Company")  on Form 10-QSB for the period ended April 30, 2006 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:  June 13, 2006


/s/ Zoran Pudar
-------------------------------------
Zoran Pudar, President and C.E.O.
(Principal Executive Officer)
#### Antonio GRENIER, Plaintiff, v. KENNEBEC COUNTY, et al., Defendants.

Civ. No. 89-0180 P.

United States District Court, D. Maine.

Sept. 12, 1990.

ORDER

GENE CARTER, Chief Judge.

No objection having been filed, motion *GRANTED*per Local Rule 19(c) and it is hereby *ORDERED*that this Court’s Order entered on March 21, 1990, 733 F.Supp. 455 be, and is hereby, *AMENDED*to add thereto in the final paragraph thereof the following language,

> “(5) Defendant Commissioner Donald Allen’s motion to dismiss all claims seeking federal declaratory relief is hereby *GRANTED.”*

So *ORDERED.*
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-1161

LEO LIONEL PAYNE,

Plaintiff - Appellant,

v.

JESSECA MANGUM, Prosecuting Attorney, in their individual capacity and in their 

official capacity; REINOLD MARK ADAMS, Police Officer, in their individual 

capacity and in their official capacity; COLUMBIA, CITY OF,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at 

Columbia. J. Michelle Childs, District Judge. (3:16-cv-03792-JMC)

Submitted: May 24, 2018 Decided: May 29, 2018

Before NIEMEYER, MOTZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Leo Lionel Payne, Appellant Pro Se. David Leon Morrison, MORRISON LAW FIRM, 

LLC, Columbia, South Carolina; Dana Marie Thye, OFFICE OF THE CITY ATTORNEY, 

Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Leo Lionel Payne appeals the district court’s orders accepting the recommendations

of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2012) complaint. We 

have reviewed the record and find no reversible error. Accordingly, we affirm for the 

reasons stated by the district court. Payne v. Mangum, No. 3:16-cv-03792-JMC (D.S.C. 

Jan. 30 & Jan. 31, 2018). We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before this court and argument would 

not aid the decisional process.

AFFIRMED
##### 



Exhibit 31.2 Certification Pursuant to Section 302
Of the Sarbanes-Oxley Act of 2002  I, Kevin Shu, certify that:1.
    
    I have reviewed this Amendment No.1 to the Annual Report on Form 10-K/A
of MetroCorp Bancshares, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this
report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this 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 presented in this report;4.
    
    The registrants other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
and have:  a)
    
    designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known
to us by others within those entities, particularly during the
period in which this report is being prepared;b)
    
    evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures,
as of the end of the period covered by this report based on such
evaluation; andc)
    
    disclosed in this report any change in the registrants
internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth
fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and  5.
    
    The registrants other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent
functions):  a)
    
    all significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting
which are reasonably likely to adversely affect the registrants
ability to record, process, summarize and report financial
information; andb)
    
    any fraud, whether or not material, that involves management
or other employees who have a significant role in the registrants
internal control over financial reporting. Date: August 27, 2004 /s/ Kevin Shu
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Page 60541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20754]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis 
Panel, Colorectal Cancer Screening in Primary Care Practice.
    Date: October 26-27, 2005.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Holiday Inn Select Bethesda, 8120 Wisconsin Ave, 
Bethesda, MD 20814.
    Contact Person: Gerald G. Lovinger, PhD, Scientific Review 
Administrator, Special Review and Resources Branch, Division of 
Extramural Activities, National Cancer Institute, National 
Institutes of Health, 6116 Executive Boulevard, Room 8101, 
Rockville, MD 20892-7405, 301/496-7987.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: October 4, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-20754 Filed 10-17-05; 8:45 am]
BILLING CODE 4140-01-M
#### Freddie L. CRAWFORD, Appellant, v. CITY NATIONAL BANK and Westport Recovery Corporation, Appellees.

No. 3D02-1274.

District Court of Appeal of Florida, Third District.

Aug. 13, 2003.

Rudolph D. Griffith, Miami, and Michael E. Hampden, Plantation, for appellant.

Friedman & Greenberg and Debra L.' Greenberg and Robert D. Friedman, Plantation, for appellees.

Before SCHWARTZ, C.J., and LEVY and FLETCHER, JJ.

PER CURIAM.

Affirmed. See § 222.11(l)(c), Florida Statutes (2002); *Mazzella v. Boinis,*617 So.2d 1156 (Fla. 4th DCA 1993), review dismissed, 626 So.2d 203 (Fla.1993); *In re Barncastle,*8 B.R. 464 (Bankr.S.D.Fla.1981).

LEVY and FLETCHER, JJ., concur.

SCHWARTZ, Chief Judge

(specially concurring).

I entirely agree with affirmance, notwithstanding that my failure to adhere to the rule that cases should be decided on the basis they were litigated below and argued on appeal led to the vehement expression of views at oral argument which, it was soon revealed, were contrary to the law of Florida. No harm done except to my (heretofore monumental) legal ego.
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.                  

###### Federal Housing Finance Board

# Time and Date:

The open meeting of the Board of Directors is scheduled to begin at 10 a.m. on Wednesday, October 12, 2005. The closed portion of the meeting will follow immediately the open portion of the meeting. 

# Place:

Board Room, First Floor, Federal Housing Finance Board, 1625 Eye Street NW., Washington DC 20006. 

# Status:

The first portion of the meeting will be open to the public. The final portion of the meeting will be closed to the public. 

# Matter to be Considered at the Open Portion:

*Appointment of Financing Corporation Directors.*

# Matter to be Considered at the Closed Portion:

*Periodic Update of Examination Program Development and Supervisory Findings.*

# Contact Person for More Information:

                        Shelia Willis, Paralegal Specialist, Office of General Counsel, at 202-408-2876 or                         *williss@fhfb.gov.*

By the Federal Housing Finance Board. 

Dated: October 5, 2005. 

John P. Kennedy, 

General Counsel. 

[FR Doc. 05-20350 Filed 10-5-05; 1:40 pm] 

BILLING CODE 6725-01-P
<PAGE>


                                                                   EXHIBIT 10.12

                             [RTW, INC. LETTERHEAD]

                                      2002

                           CERTIFICATE OF REINSURANCE

                                    for the

                            AGREEMENT OF REINSURANCE

                                  between the

                 WORKERS' COMPENSATION REINSURANCE ASSOCIATION

                                      and

                                   RTW, INC.

               American Compensation Insurance Company (0030392)





COVERAGE PERIOD: JANUARY 1, 2002 - DECEMBER 31, 2002    RETENTION LIMIT $350,000

This certifies that the entities named above are Members of the Workers'
Compensation Reinsurance Association (WCRA), and that the WCRA reinsures the
Members' liability during the indicated coverage period for benefits pursuant to
Minn. Stat. Ch. 176 in excess of the Members' retention limit for the period
indicated above. This certificate provides for coverage in accordance with the
terms and conditions of the Reinsurance Agreement approved by the Minnesota
Commissioner of Labor and Industry on January 4, 1999, which remains in force
for 2002. This certificate shall not be valid for any portion of the indicated
period during which an entity is not a Member of the Association.


                    WORKERS' COMPENSATION REINSURANCE ASSOCIATION

                    /s/ CARL W. CUMMINS III

                    Carl W. Cummins III
                    Acting President and Chief Executive Officer
                    Dated: December 21, 2001
**Exhibit
21.1**
 
 **LIST**
 **OF
REGISTRANT’S SUBSIDIARIES**
 
 **Percentage****Owned
      By ViewSonic Corporation**
    
    **Country of Organization**ViewSonic
      China, Ltd.
    
    Shanghai100%ViewSonic
      Singapore PTE, Ltd.
    
    Singapore100%ViewSonic
      Hong Kong, Ltd.
    
    Hong
      Kong99%ViewSonic
      Cayman Islands, Ltd.
    
    Cayman
      Islands100%ViewSonic
      Japan K.K.
    
    Japan100%ViewSonic
      International Corporation
    
    Taiwan
      R.O.C.99.99996%ViewSonic
      Technology GmbH
    
    Germany100%ViewSonic
      SARL
    
    France100%ViewSonic
      Europe, Ltd.
    
    United
      Kingdom100%VisionBank
      Corporation
    
    Taiwan
      R.O.C.58.11%ViewAire
      Corporation
    
    California100%ViewSonic
      Corporation (Australia) PTY, Ltd.
    
    Australia100%VSVB
      Corporation
    
    California100%ViewSonic
      Technologies (India) Pte Ltd
    
    India100%
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

11/13/2015

STATE OF TEXAS Tr. Ct. No. 99-11-06435-CR AP-77,043

I have this day received and filed the Appellee’s Motion for Rehearing in the abovestyled and numbered cause. [The Court requires ten copies of this document to be

filed in this office within three (3) days pursuant to Rule 9.3(b).]

Abel Acosta, Clerk

PHILIP H. HILDER

HILDER & ASSOCIATES, P. C.

819 LOVETT BLVD.

HOUSTON, TX 77006

FILE COPY
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

11/13/2015

STATE OF TEXAS Tr. Ct. No. 99-11-06435-CR AP-77,043

I have this day received and filed the Appellee’s Motion for Rehearing in the abovestyled and numbered cause. [The Court requires ten copies of this document to be

filed in this office within three (3) days pursuant to Rule 9.3(b).]

Abel Acosta, Clerk

WILLIAM J. DELMORE III

ASSISTANT DISTRICT ATTORNEY

207 W. PHILLLIPS, SECOND FLOOR

CONROE, TX 77301

* DELIVERED VIA E-MAIL *

FILE COPY
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

11/13/2015

STATE OF TEXAS Tr. Ct. No. 99-11-06435-CR AP-77,043

I have this day received and filed the Appellee’s Motion for Rehearing in the abovestyled and numbered cause. [The Court requires ten copies of this document to be

filed in this office within three (3) days pursuant to Rule 9.3(b).]

Abel Acosta, Clerk

DISTRICT ATTORNEY MONTGOMERY COUNTY

BRETT LIGON

207 W. PHILLIPS, SECOND FLOOR

CONROE, TX 77301

* DELIVERED VIA E-MAIL *

FILE COPY
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

11/13/2015

STATE OF TEXAS Tr. Ct. No. 99-11-06435-CR AP-77,043

I have this day received and filed the Appellee’s Motion for Rehearing in the abovestyled and numbered cause. [The Court requires ten copies of this document to be

filed in this office within three (3) days pursuant to Rule 9.3(b).]

Abel Acosta, Clerk

JAMES GREGORY RYTTING

819 LOVETT BLVD

HOUSTON, TX 77006-3905

* DELIVERED VIA E-MAIL *

FILE COPY
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

11/13/2015

STATE OF TEXAS Tr. Ct. No. 99-11-06435-CR AP-77,043

I have this day received and filed the Appellee’s Motion for Rehearing in the abovestyled and numbered cause. [The Court requires ten copies of this document to be

filed in this office within three (3) days pursuant to Rule 9.3(b).]

Abel Acosta, Clerk

BRYCE E. BENJET

40 WORTH STREET SUITE 701

NEW YORK, NY 10013

* DELIVERED VIA E-MAIL *

FILE COPY
CAUSE NO. 06 -15-00070- CV

HERITAGE SNF D/B/A HERITAGE § IN THE COURT OF APPEALS PLAZA NURSING AND § REHABILITATION CENTE R § § PLAINTIFF § § VS. § SIXTH APPELLATE DIST RICT § GEORGE FISHER, INDIVIDUALLY § AND AS INDEPENDENT EXECUTOR OF § THE ESTATE OF WILMER GIDDENS § DECEASED § § DEFENDANT § STATE OF TEXAS

MOTION TO DISMISS AP PEAL

TO THE HONORABLE JUDGE OF SAID COURT:

Comes now Plaintiff Heritage SNF, LP d/b/a Heritage Plaza Nursing and Rehabilitation

Center (“Plaintiff”) and moves to dismiss its appeal of this case and would show the court as

follows:

1. On June 25, 2015, the t rial c ourt, in case number 06 -C1701- CCL, issued a

judgment awarding Plaintiff damages , pre - and post

- judgment interest, and court costs but

denying an award for attorneys’ fee s.

2. Less than thirty days from the date of judgment, Plaintiff filed a motion to modify

the judgment to allow an award for attorneys’ fees, thereby extending the trial court’s plenary

power to modify the judgment. See Tex. R. Civ. Pro. 329b (a), (e), (g).

3. On September 23, 2015, the trial court had yet to rule on Plaintiff’s motion to

modify, and Plaintiff filed its notice of appeal to preserve an appeal. See Tex. R. App. Pro.

26.1(a).

MOTION TO DISMISS APPEAL PAGE 1 ACCEPTED 06-15-00070-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/10/2015 10:48:53 AM DEBBIE AUTREY

CLERK4. On October 5, 2015, the trial court, still having plenary power, is sued an

Amended Final Judgment, effectively modifying its original judgment to add an award for

attorneys’ fees.

5. Accordingly, there no longer being any need to appeal the trial court’s original

judgment, Plaintiff hereby moves to dismiss its appeal.

Respectfully submitted,

/s/ David H. Estes__________________ DAVID H. ESTES State Bar No. 24012599 destes@hdbdlaw.com NEIL J. STOCKBRIDGE State Bar No. 24088474 nstockbridge@hdbdlaw.com HARTLINE DACUS BARGER DREYER LLP 8750 North Central Expressway, Suite 1 6 00 Dallas, Texas 75231 (214) 369

- 2100 (214) 369

- 2118

- Facsimile

ATTORNEY S FOR PLAINTIFF

CERTIFICATE OF SERVI CE

I hereby certify that a true and correct copy of the foregoing document has been forwarded to all known counsel of record in accordance with the Texas Rules of Civil Procedure on this 10 th day of November 201 5

.

/s/ David H. Estes__________________ DAVID H. ESTES

MOTION TO DISMISS APPEAL PAGE 2