alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### JOSEPH OGDEN, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 11768

August 18, 1980

615 P.2d 251

*Norman Y. Herring,*Nevada State Public Defender, and *J. Gregory Damm,*Deputy State Public Defender, for Appellant.

*Michael Smiley Rowe,*District Attorney, Douglas County, for Respondent.

OPINION

*Per Curiam:*

The appellant seeks to have his conviction of possession of a controlled substance overturned. Three, errors are assigned. First, that the trial court should have called for additional psychiatric examinations. Second, that the trial court abused its discretion in determining that the appellant was competent to stand trial. Finally, that the appellant did not make a knowing and intelligent guilty plea.

*6981. NRS 178.415(1)1 provides that the court shall appoint two physicians, at least one of whom is a psychiatrist, to examine a defendant when determining if he is competent to stand trial. In the present case, Dr. Gerow testified that Ogden was not competent to stand trial, whereas Dr. Molde testified that Ogden was competent to stand trial. When there is conflicting psychiatric testimony at a competency hearing, the trier of fact resolves the conflicting testimony of the witnesses. Doggett v. Warden, 93 Nev. 591, 572 P.2d 207 (1977). Furthermore, such findings will be sustained on appeal when substantial evidence exists to support them. Hunt v. State, 92 Nev. 536, 554 P.2d 255 (1976). Dr. Molde testified that Ogden was competent to stand trial. This testimony supports the court’s decision.

2. The appellant vigorously argues that the court wrongfully relied upon a treating doctor’s letter. The record does not support this assertion since the trial court expressly discounted any reliance upon any evidence other than the testimony of Dr. Gerow and Dr. Molde.

3. Finally, the appellant contends that inconclusive testimony as to his mental condition at the time of the offense precluded him from knowing whether the alternative pleas of not guilty and not guilty by reason of insanity were available to him. This contention is without merit. The medical testimony received concerned only the appellant’s capacity to stand trial and was irrelevant as to his mental state at the time of the act. Competency at time of trial is not to be confused with the defense of insanity. Competency to stand trial is a judicial determination, whereas the defendant’s sanity at time of commission of the act is a factual question. By pleading guilty, the appellant gave up his right to a jury trial, Duncan v. Louisiana, 391 U.S. 145 (1968), thus waiving his opportunity to raise the defense of insanity. State v. Bourdlais, 70 Nev. 233, 265 P.2d 761 (1954).

Affirmed.

1

NRS 178.415(1) The court shall appoint two physicians, at least one of whom is a psychiatrist or otherwise especially qualified, to examine the defendant.
#### LAWRENCE ARVEY, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 10517

August 25, 1978

583 P.2d 1086

*Harry E. Claiborne*and *Oscar B. Goodman,*Las Vegas; *F. Lee Bailey,*Boston, Mass., for Appellant.

*Robert List,*Attorney General, Carson City; *George E. Holt,*District Attorney, and *Frank J. Cremen,*Deputy District Attorney, Clark County, for Respondent.

*567OPINION

*Per Curiam:*

Lawrence Arvey was admitted to bail in the amount of $100,000, pending resolution of this appeal from a judgment of conviction. Thereafter, he failed to appear before a district court on other criminal charges and the judge of that court issued a bench warrant for Arvey’s arrest.

The state has filed motions contending that (1) Arvey’s fugitive status warrants forfeiture of the $100,000 bail posted in this case; and, (2) we should dismiss this appeal. We agree with both contentions.

An appellate court is vested with broad discretion in its disposition of appeals by escaped convicted felons. *See, for example,*Molinaro v. New Jersey, 396 U.S. 365 (1970), and cases cited therein. In *Molinaro*a convicted felon had escaped pending an appeal and bail had already been revoked. There, the High Court summarily dismissed saying: “No persuasive reason exists why this Court should proceed to adjudicate the merits of a criminal case after the convicted defendant who has sought review escapes from the restraints placed upon him pursuant to the conviction.” *Id.*at 366.

The language in *Molinaro*is appropriate here, where, in our view, the facts and circumstances warrant the exercise of our discretion to unconditionally dismiss the appeal and forfeit the $100,000 bail. Accordingly, both of respondent’s motions are granted.

Remittitur shall issue forthwith.

It is so ORDERED.
Date: March 15th 2021


 


Termination of contract


 


 


 


Dear Oscar, You are hereby informed that the contract signed on September 1st 2020 is
terminated. The contract will hence stop with effect April 30th 2021.


 


By signing this agreement you hereby acknowledge and agree that
all claims and obligations towards the company lapses including but not limited to shares and salary.


 


The Employee understands and agrees
that he executed this Agreement voluntarily,


 


 


 


 


	Frederiksberg, on March 15th, 2021	 	Frederiksberg, on March 15th, 2021	 
	 	 	 	 
	 	 	 	 
	/s/ Carsten Kjems Falk	 	Oscar Eg Gensman	 
	 	 	 	 
	The Chief Executive Officer	 	The employee	 
	 	 	 	 
	Carsten Kjems Falk	 	Oscar Eg Gensman
[Federal Register Volume 70, Number 215 (Tuesday, November 8, 2005)]
[Notices]
[Page 67709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22205]


=======================================================================
-----------------------------------------------------------------------

GOVERNMENT ACCOUNTABILITY OFFICE


Advisory Council on Government Auditing Standards; Notice of 
Meeting

    The Advisory Council on Government Auditing Standards will meet 
Monday, December 5, 2005, from 8:30 a.m. to 5 p.m., in room 7C13 of the 
Government Accountability Office building, 441 G Street, NW., 
Washington, DC.
    The Advisory Council on Government Auditing Standards will hold a 
meeting to discuss issues that may impact government auditing 
standards. The meeting is open to the public. Council discussions and 
reviews are open to the public. Members of the public will be provided 
an opportunity to address the Council with a brief (five minute) 
presentation on Monday afternoon.
    Any interested person who plans to attend the meeting as an 
observer must contact Sharon Chase, Council Assistant, 202-512-9406. A 
form of picture identification must be presented to the GAO Security 
Desk on the day of the meeting to obtain access to the GAO Building. 
For further information, please contact Ms. Chase. Please check the 
Government Auditing Standards Web page (http://www.gao.gov/govaud/ybk01.htm) one week prior to the meeting for a final agenda.

Jeanette M. Franzel,
Director, Financial Management and Assurance.
[FR Doc. 05-22205 Filed 11-7-05; 8:45 am]
BILLING CODE 1610-02-P
Exhibit 23

Consent of Independent Registered Public Accounting Firm

To the Board of Directors and Shareholders

of IRIS International, Inc.

Chatsworth, California

We hereby consent to the incorporation by reference in the Registration Statements on Forms S-8 (File Nos. 33-10631, 33-56772, 33-82560, 333-19265,
333-31391, 333-45348, 333-31393, 333-63304, 333-65547, 333-103462, 333-122501,333-127952 and 333-137738) and Forms S-3 (File Nos. 333-27189, 333-37946, 333-86617, 333-48097, 333-110826, 333-115393, 333-118577 and 333-135442) of our reports
dated March 22, 2007 relating to the consolidated financial statements and the effectiveness of IRIS International, Inc.s internal control over financial reporting , which appear in this Annual Report on Form 10-K.



|                       
|-----------------------
|/s/ BDO Seidman, LLP   
|                       
|Los Angeles, California
|March 22, 2007
**Exhibit 32(a)**
  
 **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 on Form 10-Q of New River Pharmaceuticals Inc. (the Company) for the period ending September 26, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Randal J. Kirk, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Company.
 
 
 
 /s/ Randal J. Kirk Randal J. Kirk
 Chairman, President and
 Chief Executive Officer
 (Principal executive officer)
 November 8, 2004
Exhibit
32.2






Section 1350 Certification
of Principal Financial Officer







The
undersigned, the Executive Vice President, Finance and Secretary of Jaco
Electronics, Inc. (the "Company"), hereby certifies 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 Quarterly Report on Form 10-Q
of the Company for the quarterly period ended September 30, 2008 (the “Quarterly
Report”) accompanying this certification fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
(2) the information contained in the Quarterly 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 presented as required by such
report. The foregoing certification is based upon, among other things, my
responsibilities as principal financial officer of the Company, my own due
diligence and representations made by certain other members of the Company’s
senior management.







Date:  November
18, 2008





/s/ Jeffrey D.
Gash


Jeffrey
D. Gash


Executive
Vice President, Finance and Secretary


(Principal
Financial Officer)
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen

Kurtis T. Wilder,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

October 27, 2017

t1024 

# Order

Clerk October 27, 2017

155413

SUSAN BLACKWELL,

Plaintiff

- Appellee,

v SC: 155413

COA: 328929

Oakland CC: 2014

- 141562

- NI

DEAN FRANCHI and DEBRA FRANCHI,

Defendants

- Appellants.

_________________________________________/

On order of the Court, the application for leave to appeal the January 31, 2017

judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral

argument on whether to grant the application or take other action. MCR 7.305(H)(1).

The appellants shall file a supplemental brief within 42 days of the date of this

order addressing whether the appellants owed a duty to warn the appellee of the condition

on the land at issue, given the general rule that “[a] landowner owes a licensee a duty

only to warn the licensee of any hidden dangers the owner knows or has reason to know

of, if the licensee does not know or have reason to know of the dangers involved,” Stitt v

Holland Abundant Life Fellowship , 462 Mich 591, 596 (2000). In addition to the brief,

the appellants shall electronically file an appendix containing the items listed at MCR

7.312(D)(2). The appellee shall file a su pplemental brief within 21 days of being served

with the appellants’ brief. The appellee shall also electronically file an appendix, or in

the alternative, stipulate to the use of the appendix filed by the appellants. A reply, if

any, must be filed by th e appellants within 14 days of being served with the appellee’s

brief. The parties should not submit mere restatements of their application papers.
LIMITASYON JIRIDIKSYONÈL

DEKRÈ EGZEKITIF 11246

EKIPMAN AK SÈVIS

Kouvèti asirans de baz

T

kantit

out

e 

anplwaye +

Kontra ki plis 

pase $10,000

Kouvèti Asirans AAP

50

Anplwaye 

oswa Pi Plis

+

Yon kontra 

nan $50,000 

oswa plis

KONSTRIKSYON

Kouvèti asirans de baz

T

kantit

out

e 

anplwaye +

Kontra ki plis 

pase $10,000

16 ESPESIFIKASYON

T

kantit

out

e 

anplwaye

+

Kontra ki plis 

pase $10,000

SEKSYON 503

EKIPMAN AK SÈVIS

Kouvèti asirans de baz

T

k

out

antite 

anplwaye 

+

Yon Kontra 

ki plis pase 

 $15,000 

 

 

Kouvèti Asirans AAP

50

Anplwaye 

oswa Pi Plis

+

Yon kontra 

nan $50,000 

oswa plis

KONSTRIKSYON

Kouvèti asirans de baz

T

k

out

antite 

anplwaye

+

Yon Kontra 

ki plis pase 

$15,000 

Kouvèti Asirans AAP

Anplw

50

aye 

oswa Pi Plis

+

Yon kontra 

nan $50,000 

oswa plis

VEVRAA

EKIPMAN AK SÈVIS

Kouvèti asirans de baz

T

kantit

out

e 

anplwaye

+

Yon kontra 

nan $150,000 

oswa plis

Kouvèti Asirans AAP

Anplw

50

aye 

oswa Pi Plis

+

Yon kontra 

nan $150,000 

oswa plis

KONSTRIKSYON

Kouvèti asirans de baz

T

kantit

out

e 

anplwaye +

Yon kontra 

nan $150,000 

oswa plis

Kouvèti Asirans AAP

Anplw

50

aye 

oswa Pi Plis

+

Yon kontra 

nan $150,000 

oswa plis

Tanpri remake byen kondisyon kouvèti asirans pou Seksyon 503 ak VEVRAA pa aplikab pou 

kontraktè nan konstriksyon ki resevwa asistans federal. Anplis de sa, OFCCP adopte yon akizisyon 

ki gen rapò ak FAR pou ajisteman enflasyon nan Seksyon 503 ak VEVRAA.

Tanpri sonje byen ke paj sa a bay enfòmasyon jeneral. Li pa gen entansyon ranplase 

lwa ak règleman aktyèl yo konsènan pwogram lan ki dekri isit la.

Si w gen lòt kesyon sou Limitasyon jiridiksyonèl yo, tanpri kontakte nou nan 1-800-397-6251, TTY 1-877-889-5627.

OFFICE OF FEDERAL CONTRACT

COMPLIANCE PROGRAMS

U.S. Department of Labor Janvye 2016
EXHIBIT 32.1



SECTION 906 CERTIFICATIONCEO



In connection with Amendment No. 1 to the Annual Report of Plains Resources Inc. (the Company) on Form 10-K for the period ending December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, John T. Raymond, Chief Executive 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, that:



To the best of my knowledge, after reasonable investigation:



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



Dated: April 27, 2004.



/s/ John T. RaymondJohn T. Raymond Chief Executive Officer




The foregoing certification is being
furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report or as a separate disclosure document.



A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form
within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
# Marine Missing From World War II Accounted For (Mansfield)

/ Published Aug. 19, 2016

The Defense POW/MIA Accounting Agency (DPAA) announced today that the remains of a U.S. serviceman, unaccounted for since World War II, have been identified and are being returned to his family for burial with full military honors.

Marine Pfc. James F. Mansfield, 19, of Plymouth, Massachusetts, will be buried August 27 in his hometown. In November 1943, Mansfield was assigned to Company K, 3rd Battalion, 8th Marines, 2nd Marine Division, which landed against stiff Japanese resistance on the small island of Betio in the Tarawa Atoll of the Gilbert Islands, in an attempt to secure the island. Over several days of intense fighting at Tarawa, approximately 1,000 Marines and Sailors were killed and more than 2,000 were wounded, but the Japanese were virtually annihilated.  Mansfield died sometime on the first day of battle, Nov. 20, 1943. 

The battle of Tarawa was a huge victory for the U.S. military because the Gilbert Islands provided the U.S. Navy Pacific Fleet a platform from which to launch assaults on the Marshall and Caroline Islands to advance their Central Pacific Campaign against Japan.

In the immediate aftermath of the fighting on Tarawa, U.S. service members who died in the battle were buried in a number of battlefield cemeteries on the island. In 1946 and 1947, the 604th Quartermaster Graves Registration Company conducted remains recovery operations on Betio Island, but Mansfield’s remains were not recovered. On Feb. 28, 1949, a military review board declared Mansfield’s remains non-recoverable.

In June 2015, a nongovernmental organization, History Flight, Inc., notified DPAA that they discovered a burial site on Betio Island and recovered the remains of what they believed were 35 U.S. Marines who fought during the battle in November 1943. The remains were turned over to DPAA in July 2015.

To identify Mansfield’s remains, scientists from DPAA and the Armed Forces DNA Identification Laboratory used mitochondrial DNA and autosomal Short Tandem Repeat DNA analysis, which matched a sister; laboratory analysis, including dental analysis and anthropological comparison, which matched Mansfield’s records; as well as circumstantial and material evidence.

DPAA is grateful to History Flight, Inc. for this recovery mission.

Of the 16 million Americans who served in World War II, more than 400,000 died during the war.

For additional information on the Defense Department’s mission to account for Americans who went missing while serving our country, visit the DPAA website at www.dpaa.mil or call (703) 699-1420.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-4969

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus WILLIAM TERRENCE CROSS, a/k/a Red, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (CR-03-10) Submitted: December 22, 2005 Decided: December 29, 2005 Before WIDENER, NIEMEYER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. William Terrence Cross, Appellant Pro Se. Joseph Ryland Winston, Glen Allen, Virginia, for Appellant. Michael James Elston, Assistant United States Attorney, Alexandria, Virginia, Laura P. Tayman, Assistant United States Attorney, Norfolk, Virginia, Michele Yvette Francis Sarko, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: By judgment entered on August 1, 2003, William T. Cross was convicted by a jury of witness tampering, 18 U.S.C. § 1512(b)(1) (2000), and retaliating against a witness, 18 U.S.C. § 1513(b)(2) (2000). On appeal, this Court affirmed his convictions, but vacated his sentence and remanded for resentencing. United States v. Cross , 371 F.3d 176 (2004). This Court recently affirmed the sentence imposed at resentencing. United States v. Cross , No. 04-5030, 2005 WL 3452041 (4th Cir. Dec. 16, 2005) (unpublished). Seeking a second direct criminal appeal of his convictions, Cross filed a notice of appeal at the earliest on September 13, 2005, of the district court’s pre-trial April 15, 2003, order denying his motion to dismiss for lack of jurisdiction. We lack jurisdiction to consider the merits of the appeal because it is untimely. Criminal defendants have ten days from the entry of the judgment or order at issue to file a notice of appeal. See Fed. R. App. P. 4(b). The appeal periods established by Rule 4 are mandatory and jurisdictional. Browder v. Dir., Dep’t of Corr. , 434 U.S. 257, 264 (1978). Because Cross filed his notice of appeal over two years after his criminal judgment was entered, we lack jurisdiction to consider the merits of the appeal. Accordingly, we dismiss this appeal. We dispense with oral argument because the facts and legal contentions are- 3 - adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
#### STATE v. BATTLE

No. 4 PC.

Case below: 4 N.C. App. 588.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 10 July 1969.
# Soldier Accounted For From Korean War (De Anda, D.)

/ Published Nov. 17, 2023
WASHINGTON, 
The Defense POW/MIA Accounting Agency (DPAA) announced today that U.S. Army Cpl. Daniel De Anda, 22, of Pico, California, who died as a prisoner of war during the Korean War, was accounted for Jan. 10, 2023.

In late 1950, De Anda was a member of G Company, 2nd Battalion,  23rd Infantry Regiment, 2nd Infantry Division, 8th U.S. Army. He was reported missing in action on Nov. 30, 1950, after his unit attempted to withdraw from Kunu-ri, North Korea, on Nov. 30, following the Battle of Ch’ongch’on. In 1953, two POWs who returned during Operation Big Switch reported De Anda had been a prisoner of war and died in March 1951 at Prisoner of War Camp #5.

In the late summer and fall of 1954, during Operation Glory, North Korea returned remains reportedly recovered from Pyoktong, also known as Prisoner of War Camp #5, to the United Nations Command. None were associated with Tuttle.

One set of remains disinterred from Camp #5 returned during Operation Glory was designated Unknown X-14598 and buried at the National Memorial Cemetery of the Pacific, known as the Punchbowl, in Honolulu.

In July 2018, the DPAA proposed a plan to disinter 652 Korean War Unknowns from the Punchbowl. In August 2019, the DPAA disinterred Unknown X-14598 as part of Phase Two of the Korean War Disinterment Plan and sent the remains to the DPAA laboratory at Joint Base Pearl Harbor-Hickam, Hawaii, for analysis.

To identify De Anda’s remains, scientists from DPAA used dental and anthropological analysis, as well as chest radiograph comparison. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA) analysis.

De Anda’s name is recorded on the American Battle Monuments Commission’s Courts of the Missing at the Punchbowl, along with the others who are still missing from the Korean War. A rosette will be placed next to his name to indicate he has been accounted for.

De Anda will be buried March 15, 2024, in Whittier, California.

For family and funeral information, contact the Army Casualty Office at (800) 892-2490.

To see the most up-to-date statistics on DPAA recovery efforts for those unaccounted for from the Korean War, go to the Korean War Accounting page on the DPAA website at: https://dpaa-mil.sites.crmforce.mil/dpaaFamWebKorean.

DPAA is grateful to the American Battle Monuments Commission and the United States Army for their partnership in this mission..

For additional information on the Defense Department’s mission to account for Americans who went missing while serving our country, visit the DPAA website at www.dpaa.mil, or find us on social media at www.facebook.com/dodpaa  or https://www.linkedin.com/company/defense-pow-mia-accounting-agency.

De Anda’s personnel profile can be viewed at https://dpaa-mil.sites.crmforce.mil/dpaaProfile?id=a0Jt000000bHtzZEAS.