alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
770 P.2d 805

#### STATE of Idaho, Plaintiff-Respondent, v. Bryan Stuart LANKFORD, Defendant-Appellant.

No. 17284.

Supreme Court of Idaho.

March 16, 1989.

*797Joan M. Fisher, Genessee, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen. (argued), Boise, for plaintiff-respondent.

BAKES, Justice.

Appellant Lankford appeals from the trial court’s denial of his motion to reduce sentence filed under Idaho Criminal Rule 35. The trial court denied the motion on the ground that it was not timely filed, relying on I.C. § 19-2719, which provides that where the judgment imposes the punishment of death, the defendant must file any legal or factual challenge to the judgment and sentence, whether by post conviction procedure, habeas corpus, or any other provision of state law, within 42 days after the filing of the judgment imposing the death penalty. While Lankford’s Rule 35 motion was filed within 120 days of the imposition of sentence, it was not filed within forty-two days of the filing of the judgment imposing the punishment of death. Lankford alleges on appeal that the trial court erred in following the statute, I.C. § 19-2719, rather than I.C.R. 35.

In *State ¶. Beam,*115 Idaho 208, 766 P.2d 678 (1988), this Court upheld the requirement in I.C. § 19-2719(4) that [a]ny remedy available by post-conviction procedure, habeas corpus or any other provision of state law must be pursued according to the procedures set forth in [that] section and within the [42-day] time limitations of subsection (3)_” Lankford’s motion to reduce sentence was not filed within 42 days of the judgment imposing the death penalty and accordingly, the trial court did not err in denying defendant’s motion for reduction of sentence on the grounds that it was not timely filed.

The district court order is affirmed.

SHEPARD, C.J., and BISTLINE, HUNTLEY and JOHNSON, JJ., concur.

BISTLINE, J.,

concurs, but subject to any reservations heretofore expressed as to the validity of statutory law which arbitrarily shortens a defendant’s time in which to seek relief by post conviction proceedings or habeas corpus proceedings.
Document Headings

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                -                       the agency or agencies that issued and signed a document                    
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###### Department of Agriculture

###### Center for Nutrition Policy and Promotion

# AGENCY:

Center for Nutrition Policy and Promotion, USDA.

# ACTION:

Notice; correction.

# SUMMARY:

                        The Department of Agriculture, Center for Nutrition Policy and Promotion published a document in the                         **Federal Register**                         on April 28, 2010, concerning requests for comments on the Innovations for Healthy Kids Challenge to Promote the Open Government Initiative. The document contained an incorrect Web address.                    

# FOR FURTHER INFORMATION CONTACT:

Donna Johnson-Bailey at 703–305–3300.

## Correction

                        In the                         **Federal Register**                         of April 28, 2010, in FR/Vol. 75, No. 81 on page 22357, the third column, correct the Web site to read:                         *http://www.appsforhealthykids.com/​*.                    

Dated: May 4, 2010.

Robert Post,

Acting Executive Director, Center for Nutrition Policy and Promotion.

[FR Doc. 2010–11055 Filed 5–10–10; 8:45 am]

BILLING CODE 3410–30–P
Honorable Frank Hildebrand Opinion No. M-720 

Executive Director 

Texas Tourist Development Agency Re: Election of a Chairman of 

Box TT, Capitol Station the Texas Tourist Develop- 

'Austin, Texas 78711' ment Board.. 

Dear Mr. Hildebrand: 

Your request for an opinion asks the following question: 

tr . . . when may the Texas Tourist Development Board elect a new chairman?" 

Subdivision (d) of Section 1 of Article 6144f, Vernon's 

Civil Statutes, as amended by House Bill 792, Acts 61st Leg. 1969, 

R.S:,, provides, in part, as follows: 

."(d) After the expiration of the term of the 

current chairman.of the board,..the b.oard shall 

elect‘s new chairman every two years. . . ." 

Inview of the express provisions above quoted, it is 

our opinion that the current chairman (Mr. John R. McCarty), 

who was the Chairman at the time the above act was passed, continues to hold the position of chairman until the expiration of his 

term of office as member of the Texas Tourist Development Board. 

At the expiration of his term of office 

Tourist Development Board, the Board is 

chairman. 

as member of the Texas 

required to elect a new 

SUMMARY 

Under the provisions of Article 6144f, 

Vernon's Civil Statutes, the current chairman 

of the Texas Tourist Development Board remains 

chairman until the expiration of his term of 

office as member of the Texas Tourist Development Board. At the expiration of his term of 

-3485- . 
Hon. Frank Hildebrand, page 2 (M-720) 

office as member of the Texas Tourist Development 

Board, the Board is required to elect a new chairman. 

eneral of Texas 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

James McCoy 

Bob Darden 

Sally Phillips 

Camm Lary 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant' 

NOLA WHITE 

First Assistant 

-3486-
1 NO. 03

- 14 -00617- CR

NATHANIEL PAUL FOX § IN THE THIRD

V. § DISTRICT COURT OF

THE STATE OF TEXAS § APPEALS OF TEXAS

STATE’S NOTICE OF INTENT TO ARGUE BEFORE THE COURT

Dear Mr. Jeffrey D. Kyle, Clerk of the Honorable Third District Court of Appeals:

The Court ordered that oral argument in the above-styled and -numbered

cause would take place on December 2, 2015 at 9:00 a.m. The Court requested that

our office notify you in writing of our intention to argue the case before the Court.

Accordingly, the State files this written notice that Assistant Criminal District

Attorney Joshua D. Presley , the author of the State’s brief, intends to argue this

case before the Court on said date

.

Respectfully submitted,

/s/ Joshua D. Presley Joshua D. Presley SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008 ACCEPTED
03-14-00617-CR
7745196 THIRD COURT OF APPEALS

AUSTIN, TEXAS
11/9/2015 2:08:47 PM
JEFFREY D. KYLE

CLERK2 CERTIFICATE OF SERVICE

I, Joshua D. Presley

, Assistant District A ttorney for the State of Texas,

Appellee , hereby certify that a true and correct copy of this State’s Notice of Intent

to Argue before the Court has been delivered to Appellant N A T H A N I E L P A U L

F O X ’s attorney in this matter:

P a u l A

. F i n l e y

p f i n l e y @ r e a g a n b u r r u s

. c o m R e a g a n B u r r

u s P L L C

4 0 1 M a i n P l a z a , S u i t e 2 0 0

N e w B r a u n f

e l s , T X 7 8 1 3 0 Attorney for Appellant on Appeal

By electronically sending it to the above

- listed email address through

efile.txcourts.gov e

- filing service this 9 th day of N o v e m b e r , 2015

.

/s/ Joshua D. Presley Joshua D. Presley
Exhibit 31.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
(Chapter 63, Title 18 USC Section 1350 (A) and (B)
  1.
    
    I have reviewed this quarterly report on Form 10-Q of F & M Bank 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 registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer 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; and(c)
    
    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 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; and(b)
    
    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.
 Dated:  May 12, 2010

/s/ DEAN W. WITHERSDean W. WithersPresident & Chief Executive Officer
**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 theQuarterly Report of Tower Bancorp, Inc. (the “Company”) on Form 10-Qfor the period ending Septermber 30, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Jeff B. Shank, ChiefExecutive 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:

 

(1)  The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)  The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
|   | /s/ Jeff B. Shank       |   |
|--------|-------------------------|--------|
|   | Chief Executive Officer |
|   | November 14, 2005  |

 

----
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET OF HOOPER HOLMES, INC. AND SUBSIDIARIES AS OF
SEPTEMBER 30, 1997 AND THE RELATED CONSOLIDATED STATEMENTS OF INCOME AND CASH
FLOWS FOR THE PERIOD ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       9,173,973
<SECURITIES>                                         0
<RECEIVABLES>                               20,301,722
<ALLOWANCES>                                   857,010
<INVENTORY>                                          0
<CURRENT-ASSETS>                            33,881,498
<PP&E>                                      19,649,499
<DEPRECIATION>                              11,449,242
<TOTAL-ASSETS>                              65,961,411
<CURRENT-LIABILITIES>                       17,403,357
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       554,487
<OTHER-SE>                                  44,148,402
<TOTAL-LIABILITY-AND-EQUITY>                65,961,411
<SALES>                                    122,813,646
<TOTAL-REVENUES>                           122,813,646
<CGS>                                       88,536,718
<TOTAL-COSTS>                               88,536,718
<OTHER-EXPENSES>                            22,990,829
<LOSS-PROVISION>                               360,000
<INTEREST-EXPENSE>                             147,724
<INCOME-PRETAX>                             11,409,423
<INCOME-TAX>                                 5,490,000
<INCOME-CONTINUING>                          5,919,423
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,919,423
<EPS-PRIMARY>                                      .42<F1>
<EPS-DILUTED>                                      .41<F1>
<FN>
<F1>Prior period financial data schedules have not been restated to reflect the
two-for-one stock split effective August 22, 1997.
</FN>
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 31.2

                                 CERTIFICATIONS

      I, Kenny D. Neal, certify that:

      1. I have reviewed this Form 10-Q of First McMinnville Corporation;

      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 officer 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; and

      (c) 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 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 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:

      (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; and

      (b) 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.

November 9, 2005

/s/ Kenny D. Neal
----------------------------
Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         149,492
<SECURITIES>                                         0
<RECEIVABLES>                                1,573,264
<ALLOWANCES>                                         0
<INVENTORY>                                    485,952
<CURRENT-ASSETS>                             2,771,587
<PP&E>                                         978,057
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,345,056
<CURRENT-LIABILITIES>                        3,033,344
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        220
<COMMON>                                       105,641
<OTHER-SE>                                 (3,388,289)
<TOTAL-LIABILITY-AND-EQUITY>                 4,345,056
<SALES>                                      1,902,141
<TOTAL-REVENUES>                             1,902,141
<CGS>                                        1,175,094
<TOTAL-COSTS>                                1,175,094
<OTHER-EXPENSES>                             1,239,631
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             138,583
<INCOME-PRETAX>                              (651,167)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (651,167)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (651,167)
<EPS-BASIC>                                     (0.06)
<EPS-DILUTED>                                   (0.06)


</TABLE>
```

[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Pages 25283-25284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10791]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1906-DR; Docket ID FEMA-2010-0002]

Mississippi; Amendment No. 2 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Mississippi (FEMA-1906-DR), dated April 29, 2010, and 
related determinations.

DATES: Effective Date: May 1, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Mississippi is hereby amended to include the following 
areas among those areas determined to have been adversely affected by 
the event declared a major disaster by the President in his declaration 
of April 29, 2010.

Monroe and Union Counties for Individual Assistance

    Choctaw and Yazoo Counties for Public Assistance, including 
direct Federal assistance (already designated for Individual 
Assistance and debris removal [Category A], for 72 hours of the 
State's choosing and emergency protective measures [Category B], 
limited to direct Federal assistance, under the Public Assistance 
program).
    Attala and Holmes Counties for Public Assistance, including 
direct Federal assistance, (already designated for Individual 
Assistance).
    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant;

[[Page 25284]]

97.048, Disaster Housing Assistance to Individuals and Households In 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-10791 Filed 5-6-10; 8:45 am]
BILLING CODE 9111-23-P
```
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 2 0 2 3

- 0630

_____________________________ O SCAR J. A MADOR ,
Petitioner
,

v.

S TATE OF F LORIDA , Respondent

.

_____________________________

Petition for Belated Appeal

— Original Jurisdiction

.

December 19, 2023

P ER C URIAM

.
D ENIED

.
M.K. T HOMAS , N ORDBY , and L ONG , JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Oscar J. Amador
, pro se, Petitioner

.2 Ashley Moody, Attorney General, Tallahassee
, for Respondent

.
<PAGE>

                                                                    EXHIBIT 32.2

                        CERTIFICATIONS OF THE CEO AND CFO
                       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 First McMinnville Corporation
(the "Company") on Form 10-Q for the period ending September 30, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Kenny D. Neal, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 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 result of operations of the
Company.

/s/ Kenny D. Neal
---------------------------
Chief Financial Officer
November 9, 2005