alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

July 12, 2018

No. 04-17-00808-CV

Daniel CRISP,

Appellant

v.

Ismael CLAY, et al.,

Appellee

From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2017CI10107

Honorable Angelica Jimenez, Judge Presiding

ORDER

This is an appeal from an enforcement order rendered against appellant Daniel Crisp. On 

December 11, 2017, the trial court signed an “Order Enforcing Prior Turnover Order,” requiring 

Crisp, the sole signatory on a certain TD Ameritrade account, to wire $406,917.50 to a receiver

that had been appointed in a previously rendered turnover order in favor of appellees, Ismael 

Clay, Joshua Kennedy, Matthew Arneson, Arthur Charles, Samone Drake, Phillip Erbe, 

Christopher Ramos, Christopher Rochon, Elric Thomas, Jimmie Walden, Jorge Garza, and 

Christopher Buza. 

During the pendency of this appeal, Crisp filed a “Motion to Abate Appeal,” requesting

this court to abate this appeal because he had filed a “Motion for Relief from Judgment under 

Federal Rule of Civil Procedure 60(b)” in federal court. Crisp stated his motion for relief

challenged an underlying federal judgment upon which the turnover order and enforcement order 

are based. In his request for an abatement, Crisp indicated his motion for relief was set for a 

hearing before Magistrate Judge Bemporad on May 7, 2018. We therefore granted Crisp’s 

motion to abate and ordered the appeal abated pending resolution of any action relating to the 

“Motion for Relief from Judgment under Federal Rule of Civil Procedure 60(b)” filed by Crisp 

in Cause No. SA-17-CA-279-FB (HJB), Clay v. Mcanear and Crisp. We further ordered the 

parties to notify this court with a status update regarding the motion for relief on or before June 

18, 2018. 

On June 18, 2018, Crisp filed a status report, indicating Judge Bemporad issued a Report 

and Recommendations, stating the motion for relief would be denied. In his report, he also 
indicated the parties could file objections to the report on or before June 25, 2018. Crisp stated 

he intended to file objections, and after the objections were filed, the federal court would make 

its final determination as to the motion.

Based on the foregoing, we ORDER the parties to notify this court with a status update 

regarding the objections and final determination as to the motion for relief on or before July 23, 

2018. 

_________________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 12th day of July, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
|                 |                                                    |                                       |
|----------------------|---------------------------------------------------------|--------------------------------------------|
| Title of issue  |  Amounts as towhich registrationis effective  | Names ofexchanges onwhich registered  |
|  N/A       |  N/A                                          |  N/A                             |

|                                                                                                                                 | JOHN PRATOCanadian Consul GeneralCanadian Consulate1251 Avenue of the AmericasNew York, N.Y. 10020 or  |                                                                                            |
|--------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------|
|                                                                                                                                 | GLENN CAMPBELLCanadian Consulate1251 Avenue of the AmericasNew York, N.Y. 10020 Copies to:             |                                                                                            |
| CLARE ISMANDeputy Minister of FinanceMinistry of FinanceProvince of Saskatchewan2350 Albert StreetRegina, SaskatchewanCanada S4P 4A6 |                                                                                                             | JOHN W . WHITECravath, Swaine – MooreWorldwide Plaza825 Eighth AvenueNew York, N.Y. 10019 |

----

|   | Exhibit | (k): | 2012-13 1st Quarter Financial Report |
|--------|---------|------|-------------------------------------------|

----

|   | PROVINCE OF SASKATCHEWAN  |
|--------|--------------------------------|
|   |                           |   |
|   |                           |   |
|   |                           |   |
|   | ByName:Title:                  | /s/ Rae HaverstockRae HaverstockAssistant Deputy MinisterTreasury and Debt Management DivisionMinistry of Finance |

----

| EXHIBIT | (k): | 2012-13 1st Quarter Financial Report |
|---------|------|-------------------------------------------|

----
**IN THE SUPREME COUR T OF**  **THE ST AT**  **E OF MONT**  **ANA No.**  **DA 19**  **- 0729** 

**____________________________________________________________** CHRISTOPHER W

AGNER , Petitioner and App ellant , v. ST AT E OF MONT

ANA , Respondent and Appellee
. **ORDER** Counsel for Appellant Christopher W agner has filed a third mo tion for extension of time to file the reply brief in this matter . In the first order granting an extension of time, the Court stated no further extensions will be granted. The second order granting an extension of time the Court stated that no further extensions would be granted and if the reply brief was not filed by Decem ber 21, 2020, the matter would be deem ed submitted on the briefs filed. **IT IS HEREBY ORDERED** that the mo tion for extension of time to file the reply brief is DENIED, and the m atter is deemed submitted on the briefs filed to date. The Clerk’s office is di rected to send the matter up to the Court for consideration.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

December 22 2020

12/22/2020

Case Number: DA 19-0729
[Cite as Jackson v. Cook, Warden , 2019-Ohio-4194.]

COURT OF APPEALS FAIRFIELD COUNTY, OHIO FIFTH APPELLATE DISTRICT

DENNIS D. JACKSON : JUDGES: : Petitioner : Hon., W. Scott Gwin, PJ. : Hon., Patricia A. Delaney, J. : Hon., William B. Hoffman., J. -vs- : : BRIAN COOK, WARDEN : Case No. 19CA27 : Respondent : O P I N I O N

CHARACTER OF PROCEEDING: Writ of Habeas Corpus

JUDGMENT: Dismissed

DATE OF JUDGMENT: October 10, 2019

APPEARANCES: For Petitioner: For Respondent:

Dennis D. Jackson #A645-759 Dave Yost Southeastern Correctional Institution Ohio Attorney General 5900 B.I.S Road William H. Lamb Lancaster, Ohio 43130 Assistant Attorney General Criminal Justice Section 441 Vine Street 1600 Carew Tower Cincinnati, Ohio 45202Fairfield County, Case No.19CA27 2

Delaney,J. {¶1} On June 27, 2019, Dennis Jackson filed a petition for writ of habeas corpus on the basis that his speedy trial rights were violated following a mistrial and

commencement of a second trial. Mr. Jackson clai ms the trial court lost jurisdiction before the start of his second trial on December 3, 2010. This is the only basis for Mr. Jackson’s writ. The Ohio Attorney General has moved to dismiss the writ. {¶2} The Court grants the motion to dismiss because “[a] claimed violation of a criminal defendant’s right to speedy trial is not cognizable in habeas corpus.” Travis v. Bagley , 92 Ohio St.3d 322, 323, 750 N.E.2d 166 (2001), citing Brown v. Leonard , 86 Ohio St.3d 593, 716 N.E.2d 183 (1999); State ex rel. Rackley v. Sloan , 150 Ohio St.3d 11, 2016-Ohio-3416, 78 N.E.3d 819, ¶9. Instead, an appeal is the appropriate remedy. Travis at 323, citing State ex rel. Brantley v. Anderson , 77 Ohio St.3d 446, 674 N.E.2d 1380 (1997). {¶3} Further, Mr. Jackson had an adequate remedy at law, by way of a direct appeal, which he pursued in the Second District Court of Appeals. See State v. Jackson , 2nd Dist. Montgomery No. 24430, 2012-Ohio- 2335. In his direct appeal, Mr. Jackson raised the very same speedy trial argument that he sets forth in his petition for writ of habeas corpus. Id . at ¶¶15-33. The availability of this alternative remedy, which Mr. Jackson pursued unsuccessfully on the speedy trial issue, precludes a writ of habeas

corpus. See Rackley at ¶10, citing State ex rel. O’Neal v. Bunting , 140 Ohio St.3d 339, 2014-Ohio-4037, 18 N.E.3d 430, ¶15 (“The availability of alternative remedies at law, even if those remedies were not sought or were unsuccessful, precludes a writ of habeas corpus.”)Fairfield County, Case No.19CA27 3

{¶4} Because a writ of habeas corpus may not be used to challenge an alleged denial of a speedy trial right and extraordinary relief is not available to re-litigate the same issue already unsuccessfully litigated, the writ is dismissed. {¶5} The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment and its date of entry upon the journal. See Civ.R. 58(B).

By, Gwin, P.J. Delaney, J. and Hoffman, J. concur.[Cite as Jackson v. Cook, Warden , 2019-Ohio-4194.]
<PAGE>
                                   Exhibit 11

                           MAHASKA INVESTMENT COMPANY
                                AND SUBSIDIARIES

                 STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS

<TABLE>
<CAPTION>
                                                 Three Months Ended        Nine Months Ended
                                                    September 30,            September 30,
                                              ----------   ----------   ----------   ----------
                                                 2002         2001         2002         2001
                                              ----------   ----------   ----------   ----------
<S>                                           <C>          <C>          <C>          <C>
Earnings per Share Information:
-------------------------------
Weighted average number of shares
    outstanding during the year ...........    3,895,825    3,965,326    3,880,085    3,963,377

Weighted average number of shares
    outstanding during the year
    including all dilutive
    potential shares.......................    3,977,102    4,009,252    3,958,864    3,996,971

Net earnings ..............................   $1,471,509   $1,086,860   $4,290,567   $3,058,320

Earnings per share - basic ................   $     0.38   $     0.27   $     1.11   $     0.77

Earnings per share - diluted ..............   $     0.37   $     0.27   $     1.08   $     0.77
</TABLE>
April 16, 1998

Unitel Video, Inc.
555 West 57th Street
New York, NY  10019
Attn: George Horowitz

Re: Financial Covenants

Dear Mr. Horowitz:

Reference is made to that certain Amended and Restated Loan and Security
Agreement dated as of December 12, 1995 (as amended, the "Agreement") among
Unitel Video, Inc., as Borrower, R Squared, Inc., as Corporate Guarantor, and
Heller Financial, Inc., as Agent and Lender ("Heller"). Capitalized terms used
herein and not otherwise defined, shall have the meanings ascribed to them in
the Agreement.

This letter will confirm that Borrower and Heller have agreed to amend the
financial covenants contained in Section 6 of the Agreement to the amounts set
forth below for the periods set forth below:

                                            Quarter
Covenant                                     Ended               Amount

Tangible Net Worth                          11/30/97          $12,500,000
(Section 6.1)                               02/28/98          $12,500,000
                                            05/31/98          $13,000,000
                                            08/31/98          $13,000,000

Capital Expenditure Limits                  11/30/97          $ 3,322,000
(Section 6.2)                               02/28/98          $   799,000
                                            05/31/98          $   658,000
                                            08/31/98          $   985,000

Fixed Charge Coverage*                      11/30/97         <0.50 : 1.0>
(Section 6.3)                               02/28/98          0.25 : 1.0
                                            05/31/98          0.75 : 1.0
                                            08/31/98          1.00 : 1.0

* calculated on a cumulative quarter basis until 8/31/98, then calculated on a
  rolling four-quarter basis

Leverage Ratio                              11/30/97          5.00 : 1.0
(Section 6.4)                               02/28/98          5.00 : 1.0
                                            05/31/98          3.75 : 1.0
                                            08/31/98          3.75 : 1.0

Interest Coverage Ratio                     11/30/97         <0.72 : 1.0>
(Section 6.5)                               02/28/97          1.00 : 1.0
                                            05/31/98          1.50 : 1.0
                                            08/31/98          1.80 : 1.0
<PAGE>

The Agreement will be amended to reflect the foregoing covenant levels.

Very truly yours,

Heller Financial, Inc.


/s/ Shyam Amladi
---------------------------------
Shyam Amladi
Senior Vice President
(No. 6091.

April 28, 1934.)

#### SAFEWAY STORES INC., a Corporation, Appellant, v. BEN DIEFENDORF, Commissioner of Finance of the State of Idaho, and B. H. MILLER, Attorney General of the State of Idaho, Respondents.

[32 Pac. (2d) 798.]

*408Hoyt E. Ray and Frawley and Barnes, for Appellant.

B. H. Miller, Attorney General, Leo M. Bresnahan, Assistant Attorney General, and Richards and Haga, for. Respondents.

"WERNETTE, J.

The law applicable to *J. C. Penney Company v. Diefendorf, ante,*p. 374, 32 Pac. (2d) 784, argued and submitted at this term, is decisive of this case. Upon the authority of the opinion in that case the judgment in this case is affirmed, with costs awarded to respondents.

Budge, G. J., and Givens, Morgan and Holden, JJ., concur.

Petition for rehearing denied.
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                            3281
<INT-BEARING-DEPOSITS>                              45
<FED-FUNDS-SOLD>                                  3550
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      23501
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                          46339
<ALLOWANCE>                                      (782)
<TOTAL-ASSETS>                                   78608
<DEPOSITS>                                       69571
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                560
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          2160
<OTHER-SE>                                        6317
<TOTAL-LIABILITIES-AND-EQUITY>                   78608
<INTEREST-LOAN>                                   1018
<INTEREST-INVEST>                                  378
<INTEREST-OTHER>                                    49
<INTEREST-TOTAL>                                  1445
<INTEREST-DEPOSIT>                                 564
<INTEREST-EXPENSE>                                 000
<INTEREST-INCOME-NET>                              881
<LOAN-LOSSES>                                       23
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    646
<INCOME-PRETAX>                                    369
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       247
<EPS-PRIMARY>                                     1.28
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    4.80
<LOANS-NON>                                        233
<LOANS-PAST>                                       642
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   772
<CHARGE-OFFS>                                       18
<RECOVERIES>                                         5
<ALLOWANCE-CLOSE>                                  782
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            479
        

</TABLE>
Exhibit 99.8

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 Annual Report of Minera Andes Inc. (the Corporation) on Form 40-F for the twelve month period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Henry A. John, Chief Financial Officer of the Corporation, 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:



| | 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 Corporation.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                   |  |                        
|-------------------- |  |  |  | ----------------- |  | -----------------------
|                     |  |  |  | MINERA ANDES INC.
|                     |  |  | 
|Date: March 26, 2008 |  |  |  | By:               |  | /s/ Henry A. John      
|                     |  |  |  |                   |  | Henry A. John          
|                     |  |  |  |                   |  | Chief Financial Officer

A signed original of this written statement required by Rule 13a- 14(b) of the Securities Exchange Act of 1934
and 18 U.S.C. Section 1350 has been provided to Minera Andes, Inc. and will be retained by Minera Andes, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

This certification accompanies the Form 40-F to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated
by reference into any filing of the Registrant under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 40-F), irrespective of any general incorporation language contained in such
filing.
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-40057 Conference Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee

v. ELMER EDGARDO MARTINEZ-LOPEZ, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:10-CR-1089-1
Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to repres e nt Elmer Edgardo Martinez-Lopez moved for leave to withdraw and filed a supplemental brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Martinez-Lopez has f i led a response and moved for appointment of new counsel. We have reviewed counsel’s brief and the relevant p o rtions of the record reflected therein, as well as Martinez-Lopez’s response . We concur with counsel’s assessment that the appeal presents no nonfrivolous U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Decem ber 1 9, 2 011 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR
. R. 47.5 , the cour t hasd ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR
. R. 47.5 .4. Case: 11-40057 Document: 00511699411 Page: 1 Date Filed: 12/19/2011No. 11-40057

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 T H C I R
. R. 42.2. Martinez-Lopez’s motion for appointment of new counsel is DENIED.

2 Case: 11-40057 Document: 00511699411 Page: 2 Date Filed: 12/19/2011
EXHIBIT 31.2



CERTIFICATION



I, Jasmine Gregory, certify that:



(1) I have reviewed this annual report on Form 10-K of Premier Holding Corp;



(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 small business issuer as of, and for, the periods presented in this report;



(4) The small business issuers other certifying officer(s) 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 small business issuer 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 small business issuer, 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;



(c) Evaluated the effectiveness of the small business issuer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; and



(d) Disclosed in this report any change in the small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and



(5) The small business issuers other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuer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 small business issuers ability to record, process, summarize and report financial information; and



(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal control over financial reporting.



Date:  March 3, 2011



/s/   Jasmine Gregory

Jasmine Gregory

Chief Financial Officer, and Director