alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE OF NORTH CAROLINA v. THOMAS LANEAU CLARK

No. 323A82

(Filed 3 November 1982)

Rape and Allied Offenses § 5— first degree sexual offense — insufficient evidence

The State’s evidence was insufficient to be submitted to the jury on the issue of defendant’s guilt under G.S. 14-27.4 of a first degree sexual offense with an eight-year-old boy.

APPEAL by defendant pursuant to G.S. 7A-27(a) from *Collier, J.,*at the 1 February 1982 Criminal Session of DAVIDSON County Superior Court.

Upon a plea of not guilty, defendant was tried on a bill of indictment charging that on or about April 1980, with force and arms, Thomas Laneau Clark did unlawfully and feloniously commit sodomy with one Jerry Dean Garris, Jr., an eight year old boy at the time of the alleged crime, who was more than four years younger than the defendant.

*Attorney General Rufus L. Edmisten by Assistant Attorney General Donald W. Grimes, for the State.*

*Appellate Defender Adam Stein by Assistant Appellate Defender Malcolm R. Hunter, Jr., for defendant-appellant.*

PER CURIAM.

After reviewing the transcript and record in this case we find that there was insufficient evidence to submit to the jury the issue of defendant’s guilt under G.S. 14-27.4. For this reason the judgment of the Superior Court is reversed and the charge against defendant dismissed.

In addition to the record on appeal, defendant has filed a motion for appropriate relief pursuant to G.S. 15A-1415, G.S. 15A-1417 and G.S. 15A-1418. The heart of this motion is the defendant’s contention that he was denied effective assistance of counsel in violation of the Sixth Amendment of the United States Constitution.

In light of our decision in the defendant’s previous assignment of error, we dismiss the defendant’s motion for appropriate relief.

*121The decision of the Superior Court is reversed and the charge against the defendant dismissed. Defendant’s motion for appropriate relief is dismissed.

Reversed.
Order entered March 6, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-01529-CR

THE STATE OF TEXAS, Appellant

V.

JOSUE DUARTE, Appellee

On Appeal from the 204th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F13-10018-Q

ORDER

On February 17, 2014, we received the clerk’s record in this appeal. The record does not 

contain a copy of the trial court’s written order granting appellee’s motion to suppress, which is 

the subject of this State’s appeal.

Accordingly, this Court ORDERS the trial court to prepare a written order 

memorializing the court’s ruling on appellee’s motion to suppress and to file a supplemental 

record containing the order within TWENTY-ONE DAYS of the date of this order.

The State’s brief is due within SIXTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the 

Honorable Lena Levario, Presiding Judge, 204th Judicial District Court; Monica Davis, Court 

Coordinator, 204th Judicial District Court; Cynthia Bailey, Chief Clerk, 204th Judicial District 
Court; Gary Fitzsimmons, Dallas County District Clerk; the Dallas County District Clerk’s 

Office, Criminal Records Division; and to counsel for all parties.

/s/ LANA MYERS

JUSTICE
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D22-1201

_____________________________

NATHANIEL STEWART,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

Coleman Lee Robinson, Judge.

September 29, 2022

PER CURIAM.

AFFIRMED.

LEWIS, MAKAR, and BILBREY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Nathaniel Stewart, pro se, Appellant.

Ashley Moody, Attorney General, and Thomas H. Duffy, Assistant 

Attorney General, Tallahassee, for Appellee.
**Exhibit32.2**

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

In connection withthe Quarterly Report of K-tel International, Inc. (the “Company”) on Form 10-Qfor the period ended September 30, 2005, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Kimmy Lockwood,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

1.                     The reportfully complies with the requirement of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

2.                     Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

A signed originalof this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.
| By                            |   /s/ KIMMY  LOCKWOOD |   |
|-------------------------------|---------------------------------|--------|
| Kimmy Lockwood                |
| *Principal Financial Officer* |
| November 22, 2006             |

 

----
Exhibit 11
                                                                 
          IRWIN FINANCIAL CORPORATION AND SUBSIDIARIES
                                
                                
<TABLE>


                                Three Months Ended         Nine Months Ended
                                     September 30,             September 30,
                                  1996        1995           1996       1995
                                  ----        ----           ----       ----

<CAPTION>
PRIMARY

<S>                         <C>         <C>          <C>         <C>
Average number of shares
   outstanding               5,686,509   5,652,839     5,677,413   5,632,890

Assumed exercise of stock
   options                     131,248     106,562       135,483      99,094
                             ---------   ---------     ---------   ---------

Total shares                 5,817,757   5,759,401     5,812,896   5,731,984
                             =========   =========     =========   =========

Net income                  $5,502,549  $6,039,083   $15,518,522 $14,785,403
                            ==========  ==========   =========== ===========

Net income per share             $0.95       $1.05         $2.67       $2.58
                                 =====       =====         =====       =====

<CAPTION>
FULLY DILUTED

Average number of shares
   outstanding               5,686,509   5,652,839     5,677,413   5,632,890

Assumed exercise of stock
   options  (Note 1)           131,248     115,130       135,483     107,098
                               -------     -------       -------     -------

Total shares                 5,817,757   5,767,969     5,812,896   5,739,988
                             =========   =========     =========   =========

Net income                  $5,502,549  $6,039,083   $15,518,522 $14,785,403
                            ==========  ==========   =========== ===========

Net income per share             $0.95       $1.05         $2.67       $2.58
                                 =====       =====         =====       =====

</TABLE>


(1)  The dilutive effect of stock options is based on the
treasury stock method using the higher of the average market price for the
period or the period-end market price.
EXHIBIT 99.2


                  Certification of the Chief Financial Officer


Pursuant to 18 U.S.C. ss.1350, I, the undersigned Executive Vice President and
Chief Financial Officer of Journal Communications, Inc. (the "Company"), hereby
certify, based on my knowledge, that the Quarterly Report on Form 10-Q of the
Company for the quarter ended October 6, 2002 (the "Report") fully complies with
the requirements of Section 13(a) of the Securities Exchange Act of 1934 and
that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.



/s/ Paul M. Bonaiuto
------------------------------------
Paul M. Bonaiuto
November 20, 2002
Case Name:

Case No: OWCP No:

STIPULATIONS

 The Claimant injured his/her

 The injury occurred at

 The injury arose out of and in the course of the worker's employment with the Employer.

 There was an Employer/Employee relationship at the time of the injury(ies).

 The Employer was timely notified of the injury(ies).

 The claim was timely filed.

 The Notice of Controversion was timely filed.

 The District Director's Informal Conference was conducted 

 The worker's average weekly wage at time of injury(ies) was

 Compensation has been paid as follows (specify whether TTD, TPD, PTD, PPD*):

 Medical benefits have been paid in the total amount of

 The worker has been disabled as follows (specify whether TTD, TPD, PTD, PPD*):

 The LHWCA, 33 USC § 901 et seq., as amended, applies to this claim.

on

on

a.

b.

c.

d.

TYPE DATES

from to

from

from

from

to

to

to

at

at

at

at

WEEKLY COMPENSATION 

RATE

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

a.

b.

c.

d.

TYPE DATES

from to

from

from

from

to

to

to

.

.

.

.

.
 The worker returned to his/her usual job as a

 The worker has not returned to his/her usual job.

 The worker has engaged in alternative employment as follows:

 OTHER

 Unresolved issues to be adjudicated:

14. The worker reached maximum medical improvement on

15. on

16.

17.

a.

EMPLOYER DATES

from to at

PAY RATE

b. from to at

18.

a.

b.

c.

d.

19.

a.

b.

c.

d.

e.

f.

g.

h.

FOR THE CLAIMANT FOR THE EMPLOYER

FOR THE DIRECTOR FOR THE CARRIER

.

.

Printed Name Printed Name

Printed Name Printed Name

/s/

/s/

/s/

/s/
<PAGE>
 
                                                                  Exhibit 23.(a)


                      CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in each Prospectus
constituting part of the Registration Statements on Form S-3 (Nos. 333-80364,
333-01851, 33-84064, 333-42773, 333-42767, 333-65939) and in each of the
Registration Statements on Form S-8 (Nos. 33-43788, 33-48610, 33-53802,
33-06191, 333-27907) of Plains Resources Inc. of our report dated March 29, 1999
appearing on page F-2 of the Annual Report on Form 10-K for the year ended
December 31, 1998.



PricewaterhouseCoopers LLP

Houston, Texas
March 29, 1999
##### 



CERTIFICATION PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002
      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)
    
    [paragraph omitted in accordance with SEC transition instructions set forth
in SEC Release No. 34-47986]c)
    
    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; andd)
    
    disclosed in this report any changes 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
  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.
 /s/ Jack A. HockemaDate: May 10, 2006Jack A. HockemaChief Executive Officer
EXHIBIT 23.2

CONSENT OF INDEPENDENT CERTIFIED  PUBLIC ACCOUNTANTS

We have issued our report dated November 22, 1999 (except for note E, as to which the date is December 3, 1999), accompanying the financial statements included in the Annual Report of
Oxboro Medical, Inc. (formerly Oxboro Medical International, Inc.) on Form 10-KSB for the year ended September 30, 2000. We hereby consent to the incorporation by reference of said
report in the Registration Statement of Oxboro Medical International, Inc. on Form S-3 (File No. 333-43616), effective August 11, 2000 and on Form S-3 (File
No. 333-83469), effective September 1, 1999.

| |  | /s/GRANT THORTON LLP
| |  | --------------------

Minneapolis,
Minnesota
December 26, 2000

---

QuickLinks
Exhibit 4.2


 


Consent of Independent Registered Public
Accounting Firm


We have issued our report
dated March 11, 2022, with respect to the financial statement of Advisors Disciplined Trust 2114 contained in Amendment No. 1 to the Registration
Statement on Form S-6 (File No. 333-263141) and related Prospectus. We consent to the use of the aforementioned report in the Registration
Statement and Prospectus, and to the use of our name as it appears under the caption “Experts”.


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


March 11, 2022
#### VERNON v. CRIST

No. 106 PC.

Case below: 28 N.C. App. 631.

Petition for discretionary review under G.S. 7A-31 allowed 1 June 1976.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET AND THE UNAUDITED CONSOLIDATED STATEMENT OF
OPERATIONS AS OF AND FOR THE PERIOD ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          16,089
<SECURITIES>                                         0
<RECEIVABLES>                                   97,184
<ALLOWANCES>                                       541
<INVENTORY>                                    217,175
<CURRENT-ASSETS>                               336,298
<PP&E>                                         160,175
<DEPRECIATION>                                  55,351
<TOTAL-ASSETS>                                 469,210
<CURRENT-LIABILITIES>                          146,780
<BONDS>                                        335,082
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (29,160)
<TOTAL-LIABILITY-AND-EQUITY>                   469,210
<SALES>                                        250,576
<TOTAL-REVENUES>                               250,576
<CGS>                                          178,438
<TOTAL-COSTS>                                  178,438
<OTHER-EXPENSES>                                30,493
<LOSS-PROVISION>                                   266
<INTEREST-EXPENSE>                              10,048
<INCOME-PRETAX>                                  8,892
<INCOME-TAX>                                       580
<INCOME-CONTINUING>                              8,312
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,312
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
U.S. Department of Labor 

February 13, 1986 

Errployrnent Standards Adm:'11straticn 

Of'.ice of Workers' Com;.::ensatior. Programs 

Division of Longs,":ore a,d 

Harbor Workers' Compensaticn 

Washington. D.C. 2021 O 

F:le Number: 

No. 61 

NOTICE TO INSURANCE CARRIERS, SELF-INSURED EMPLOYERS UNDER 

THE LONGSHORE AND HARBOR WORKERS ' COMPENSATION ACT, AND 

OTHER INTERESTED PERSONS 

SUBJECT: Report Of Injury In No Lost Time Cases 

Section 30(a) of the Act, 33 use 930(a), was amended by the 

Longshore and Harbor Workers' Compensation Act Amendments 

of 1984 (Pub. L. 98-426) to provide that a report of injury 

need not be submitted by the employer where the injury does 

not result in time lost from work. This change is reflected 

in the regulations at 20 CPR 702.20l(b). Section 30(a) of the 

Longshore Act requires covered employers to f.ile reports only 

where the injury "causes loss of one or more shifts of work." 

Thus, where an injury does not result in lost time, the employer 

is not under a duty to file a report with the Secretary. 

In such cases (e.g., no lost time) the filing of a report cannot 

cause the time within which a claim must be filed (33 use 913) to 

com.~ence. This conclusion is premised on the fact that: 1) 

Congress recognized that an employee could not be "injured" until 

he or she suffered an impairment (either presQmed or actual) to 

that person's earning capacity, and 2) Congress deemed that, in 

the absence of such impairment or loss, no report should be 

required from the employer. Because no report is required 

by Section 30(a) in no lost time cases, the filing of such a 

report cannot be deemed to start the statute of limitations 

within which the employee must file a claim. 

It is the position of the DeparLment of Labor that no report 

should be filed with the OWCP district office in no lost time cases. 

Any report filed in connection with a no lost time injury will 

not be maintained by the district office. 

?pc.~ 

NEIL A. MONTONE 

Associate Director, 

Longshore and Harbor 

Workers' Compensation
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of K-tel International, Inc. (the “Company”) on Form 10-Q forthe period ended December 31, 2003, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Philip Kives, Chairman,President and Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

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

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

A signed original of thiswritten statement required by Section 906 has been provided to the Company andwill be retained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.

 
| By                                                     | /s/ PHILIP KIVES |   |
|--------------------------------------------------------|------------------|--------|
| Philip Kives                                           |
| Chairman,  Chief Executive Officer                     |
| (Principal  executive officer), President and Director |
| February 13,  2004                                     |

 

----
[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Page 68115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22508]


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

POSTAL SERVICE


Postal Service Board of Governors Sunshine Act Meeting

    Board Votes To Close November 16, 2005, Meeting. At its meeting on 
November 1, 2005, the Board of Governors of the United States Postal 
Service voted unanimously to close to public observation its meeting 
scheduled for November 16, 2005, in Washington, DC. The Board 
determined that earlier public notice was not possible.

Items To Be Considered: 1. Opinion and Recommended Decision of the 
Postal Rate Commission in Docket No. R2005-1.
    2. Audit and Finance Committee Report and Review and Approval of 
Year-end Financial Statements.
    3. Strategic Planning.
    4. Personnel Matters and Compensation Issues.

General Counsel Certification: The General Counsel of the United States 
Postal Service has certified that the meeting was properly closed under 
the Government in the Sunshine Act.

Contact Person For More Information: Requests for information about the 
meeting should be addressed to the Secretary of the Board, William T. 
Johnstone, at (202) 268-4800.

William T. Johnstone,
Secretary.
[FR Doc. 05-22508 Filed 11-7-05; 3:51 pm]
BILLING CODE 7710-12-M
Case 1:06-cv-14938-AKH Document 3 Filed 12/08/2006 Page 1 of 1
<PAGE>

                                   EXHIBIT 12
                         JOSTENS, INC. AND SUBSIDIARIES
          COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES (UNAUDITED)

<TABLE>
<CAPTION>
                                                                                                               Six          Year
                                   Three months ended                      Years ended                     months ended    ended
                                   -------------------   ------------------------------------------------  ------------- ----------
                                   March 31,  April 1,   December 31,  January 1,  January 2,  January 3,  December 28,   June 30,
Dollars in thousands                 2001      2000         2000         2000        1999        1998         1996          1996
------------------------------------------------------   ------------------------------------------------  ----------   ----------
<S>                                <C>         <C>          <C>        <C>         <C>         <C>           <C>         <C>
Earnings
Income (loss) from continuing
operations before income taxes     $(20,982)   $9,505       $2,160     $74,659     $83,520     $93,383          $26      $87,479

Interest expense
(excluding capitalized interest)     21,688     1,939       60,252       7,486       7,026       6,866        4,330        9,403

Portion of rent expense under
long-term operating leases
representative of an interest
factor                                  339       322        1,121       1,483       1,233       2,133        1,070        2,103
-----------------------------------------------------      -------------------------------------------       ------   ----------
Total earnings                       $1,045   $11,766      $63,533     $83,628     $91,779    $102,382       $5,426      $98,985
=====================================================      ===========================================       ======   ==========

Fixed charges
Interest expense (including
capitalized interest)               $21,688    $1,939      $60,252      $7,887      $7,729      $6,866       $4,330       $9,403

Portion of rent expense under
long-term operating leases
representative of an interest
factor                                  339       322        1,121       1,483       1,233       2,133        1,070        2,103
-----------------------------------------------------      -------------------------------------------       ------   ----------
Total fixed charges                 $22,027    $2,261      $61,373      $9,370      $8,962      $8,999       $5,400      $11,506
=====================================================      ===========================================       ======   ==========

Ratio of earnings to fixed charges      0.0       5.2          1.0         8.9        10.2        11.4          1.0          8.6

</TABLE>