alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 NO. 03-15-00209-CR IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS AUSTIN, TEXAS DEANDREE DWIGHT JOSEPH aka DEANDRE DWIGHT PARKS § APPELLANT VS. § THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 403 RD JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS CAUSE NO. D1-DC-15-904009 STATE'S FIRST MOTION FOR EXTENSION OF TIME TO THE HONORABLE COURT OF APPEALS: The State of Texas respectfully moves for an extension of the deadline for filing the State’s brief and, in accordance with Texas Rules of Appellate Procedure 38.6 and 10.5(b), advises the Court as follows: (a) Following his conviction for Aggravated Assault with a Deadly Weapon and Attempted Arson, the appellant filed his notice of appeal in the above cause on April 7, 2015. Appellant filed a brief on July 20, 2015. (b) The State’s brief is currently due on August 19, 2015

. ACCEPTED 03-15-00209-CR 6554925 THIRD COURT OF APPEALS

AUSTIN, TEXAS 8/19/2015 9:11:35 AM JEFFREY D. KYLE

CLERK2

(c) This request is that the deadline for filing the State’s brief be extended by 30 days

. (d) The number of previous extensions of time granted for submission of the State’s brief is: none . (e) The State relies upon the following facts to reasonably explain the need for an extension of the deadline:

1. During the period since this brief was filed, the attorney assigned to this case has been working on other pressing appellate matters and has not had sufficient time to prepare an adequate response to this brief. 2. This request is not made for the purpose of delay, but to ensure that the Court has a proper State’s brief to aid in the just disposition of the above cause.3

WHEREFORE, the State of Texas respectfully requests that the deadline for filing the State’s brief be extended to September 18, 2015. Respectfully submitted, ROSEMARY LEHMBERG District Attorney Travis County, Texas /s/ Lisa Stewart Lisa Stewart Assistant District Attorney State Bar No. 06022700 P.O. Box 1748 Austin, Texas 78767 (512) 854-9400 Fax No. 854-4810 Lisa.Stewart@traviscountytx.gov AppellateTCDA@traviscountytx.gov4 CERTIFICATE OF COMPLIANCE Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based upon the computer program used to generate this motion, that this motion contains 233 words, excluding words contained in those parts of the motion that Rule 9.4(i) exempts from inclusion in the word count. I certify, further, that this motion is printed in a conventional, 14-point typeface. /s/ Lisa Stewart Lisa Stewart Assistant District Attorney
CERTIFICATE OF SERVICE I hereby certify that, on the 19th day of August, 2015, a true and correct copy of this motion was served, by U.S. mail, electronic mail, facsimile, or electronically through the electronic filing manager, to the Appellant’s attorney, Randy Schaffer, Attorney at Law, 1301 McKinney, Suite 3100, Houston, Texas 77010, noguilt@swbell.net

. /s/ Lisa Stewart Lisa Stewart Assistant District Attorney
**Exhibit 15**

Alfa CorporationBirmingham, Alabama

Ladies and Gentlemen:

Re: Registration Statement No. 33-83134 on Form S-3 and 33-77916 and 33-76460 on Form S-8

With respect to the subject registration statements, we acknowledge our awareness of the usetherein of our report dated November 13, 2002, related to our review of interim financial information.

Pursuant to Rule 436(c) under the Securities Act of 1933, our report dated November 13, 2002 related to ourreview of interim financial information is not considered part of a registration statement prepared or certified by an accountant or a report prepared or certified by an accountant within the meaning of section 7 and 11 of the Act.

| **KPMG LLP**                         |   |   |   |
|--------------------------------------|--------|--------|--------|
| Birmingham, AlabamaNovember 13, 2002 |   |   |   |

** **
I 

113TH CONGRESS 

2D SESSION H. R. 4707 

To authorize the appropriation of funds to the Centers for Disease Control 

and Prevention for conducting or supporting research on firearms safety 

or gun violence prevention. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2014 

Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. MORAN, Ms. NORTON, Ms. SHEA-PORTER, Ms. SCHWARTZ, Ms. TSONGAS, Mr. CICILLINE, 

Ms. CLARK of Massachusetts, Ms. ESTY, Mr. HIMES, Ms. LEE of California, Mr. GRIJALVA, Mr. LYNCH, Ms. MCCOLLUM, Ms. BROWN of Florida, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. COURTNEY, Mr. HOLT, Ms. 

MENG, and Mr. HINOJOSA) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To authorize the appropriation of funds to the Centers for 

Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 4707 IH

1 SECTION 1. FUNDING FOR RESEARCH BY CDC ON FIRE2 ARMS SAFETY OR GUN VIOLENCE PREVEN3 TION. 

4 There is authorized to be appropriated to the Centers 

5 for Disease Control and Prevention $10,000,000 for each 

6 of fiscal years 2015 through 2020 for the purpose of con7 ducting or supporting research on firearms safety or gun 

8 violence prevention under the Public Health Service Act 

9 (42 U.S.C. 201 et seq.). The amount authorized to be ap10 propriated by the preceding sentence is in addition to any 

11 other amounts authorized to be appropriated for such pur12 pose. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
[File No. 6171.]

#### JACOB OSTER, Appellant, v. THEODORE MUHLHAUSER, Respondent.

(249 N. W. 777.)

Opinion filed July 29, 1933.

*672
      *Floyd B. Sperry,*for appellant.

*W-. K. Wilson,*for respondent.

Birdzell, J.

This controversy involves tbe boundary line between Lots C and 7 in Block 2, Homesite Plat, in Mercer county. This plat lies to the east of the original town of Beulah and of Chaffee’s addition. According to the certificate of the engineer, the western boundary of the Homesite plat is the north and south quarter section lino of section 25, township 144, range 88, and the place of beginning is the center stone of section 25. Chaffee’s addition to the west of Homesite addition shows a strip of land 15.47 feet wide, lying between the quarter section line and the eastern lot line in Chaffee’s addition, and this strip is likewise shown on the plat of Homesite, although it is not within the plat. The engineer who certified to the plat of Homesite, described as indicated above, in his testimony in the instant .suit, shows that by starting from the east lot line of Chaffee’s addition .and from points other than the section center, a different boundary line is established between lots 6 and 7 in block 2, of Homesite addition, than that which is shown on the recorded plat. According to such ■different boundary line, the defendant’s improvements encroach upon the plaintiff’s lot, but according to the boundary established by the recorded plat, measuring from the quarter section line and the monuments marked, the improvements do not encroach unless it be that the ■caves extend over. (See illustration.)



*673There is no testimony which would warrant a finding that the monuments on the quarter section line have been moved. Consequently, we cannot regard as persuasive the testimony relating to other measurements according to which the defendant is encroaching upon the plaintiff’s property. It is elementary that in determining boundaries “Points marked by the original stakes and monuments placed by the government surveyors, if they can be found, or the place where they can be identified, govern .... 4 Thompson, Real Prop. § .3138.” See Bichler v. Ternes, ante, 295, 248 N. W. 185, 188.

The judgment appealed from is affirmed, but without prejudice to the right of the plaintiff to establish in this action, in accordance with the boundary fixed by the judgment, the extent of the encroachment of the eaves of the defendant’s building or buildings and to compel the removal of the same.

Nuessle, Ch. <L, and BuRKE, Christianson and Buer, JJ., concur.
IN THE

TENTH COURT OF APPEALS

No. 10-16-00314-CR

JUSTIN S. MATTHEWS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 19th District Court

McLennan County, Texas

Trial Court No. 2011-1351-C1

ORDER

Appellant’s Motion for Rehearing En Banc is denied.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Motion denied

Order issued and filed November 2, 2016
EXHIBIT 23.1Consent of Independent Registered Public Accounting FirmWe consent to the incorporation by reference in the Registration Statements (Form S-8, No.333-115910, Form S-8, No. 333-116769, Form S-8, No. 333-71532, Form S-8, No. 333-55480, Form S-8,No. 333-62907, and Form S-8, No. 333-137159) of TLC Vision Corporation of our reports dated March12, 2008, with respect to the consolidated financial statements and schedule of TLC VisionCorporation, and the effectiveness of internal control over financial reporting of TLC VisionCorporation, included in the Annual Report (Form 10-K) for the year ended December 31, 2007.         /s/ Ernst & Young LLP  St. Louis, Missouri
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, 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.

 _________________________________________

 Clerk

October 24, 2012

Order 

October 24, 2012

Rehearing No. 588

140401

VIVIAN ATKINS,

Plaintiff-Appellee,

SC: 140401

v COA: 288461 

Wayne CC: 07-721025-NI

SUBURBAN MOBILITY AUTHORITY FOR

REGIONAL TRANSPORTATION, d/b/a

SMART,

Defendant-Appellant. 

_________________________________________

On order of the Court, the motion for rehearing is considered, and it is DENIED.

CAVANAGH, MARILYN KELLY AND HATHAWAY, JJ., would grant rehearing.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEETS AND CONDENSED CONSOLIDATED STATEMENTS OF
OPERATIONS FOUND ON PAGES F-3 AND F-4 OF THE COMPANY'S FORM 10-K FOR THE YEAR
ENDED DECEMBER 31, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          10,479
<SECURITIES>                                    59,591
<RECEIVABLES>                                    2,642
<ALLOWANCES>                                       709
<INVENTORY>                                      1,452
<CURRENT-ASSETS>                                74,761
<PP&E>                                          17,170
<DEPRECIATION>                                   6,551
<TOTAL-ASSETS>                                  87,537
<CURRENT-LIABILITIES>                           28,591
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            25
<OTHER-SE>                                       2,823
<TOTAL-LIABILITY-AND-EQUITY>                    87,537
<SALES>                                         18,611
<TOTAL-REVENUES>                                18,611
<CGS>                                           16,846
<TOTAL-COSTS>                                   16,846
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                  (77)
<INTEREST-EXPENSE>                               6,557
<INCOME-PRETAX>                               (56,221)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (56,221)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 15,563
<CHANGES>                                            0
<NET-INCOME>                                    40,658
<EPS-PRIMARY>                                   (1.73)
<EPS-DILUTED>                                   (1.73)
        

</TABLE>
EXHIBIT 32.1

                            SECTION 906 CERTIFICATION



<PAGE>




                                  Exhibit 32.1

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


         In connection with the Quarterly Report of Warp 9, Inc. (the "Company")
on Form  10-QSB/A  for the period  ending  December  31, 2006 (the  "Report") I,
Harinder  Dhillon,  President  and  Chief  Executive  Officer,  of the  Company,
certify,  pursuant  to 18USC  ss.1350,  as  adopted  pursuant  to  ss.906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:


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

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


Date:    April 24, 2007


\s\Harinder Dhillon
---------------------------
Harinder Dhillon, President,
Chief Executive Officer, Director
(Principal Executive Officer)



         This  certification  accompanies  the Report pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 and shall not, except to the extent required by
the  Sarbanes-Oxley  Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
#### Karen R. Codr, appellee, v. Michael A. Codr, appellant.

469 N.W.2d 124

Filed May 3, 1991.

No. 90-781.

Stan A. Emerson, of Luckey, Sipple, Hansen, Emerson & Schumacher, for appellant.

Leo J. Eskey for appellee.

Hastings, C.J., Boslaugh, White, Caporale, Shanahan, Grant, and Fahrnbruch, J J.

Per Curiam.

Michael A. Codr appeals from the judgment of the district court for Saunders County, which dismissed his petition to modify a decree of dissolution. The court determined that there was insufficient evidence of a material change in circumstances to justify a change in child custody granted to the wife, Karen R. Codr, under the dissolution decree.

> *49“In an appeal involving an action for dissolution of marriage, the Supreme Court’s review of a trial court’s judgment is de novo on the record to determine whether there has been an abuse of discretion by the trial judge, whose judgment will be upheld in the absence of an abuse of discretion. In such de novo review, when the evidence is in conflict, the Supreme Court considers, and may give weight to, the fact that the trial judge heard and observed the witnesses and accepted one version of the facts rather than another.”

*Huffman*v. *Huffman,*236 Neb. 101, 104, 459 N.W.2d 215, 219 (1990). Accord, *Ritter*v. *Ritter,*234 Neb. 203, 450 N.W.2d 204 (1990); *Ensrud v. Ensrud,*230 Neb. 720, 433 N.W.2d 192 (1988). From our review de novo on the record in these proceedings, we find no abuse of discretion by the district court.

We order the husband to pay the wife $1,000 to be applied toward her attorney fees for services in this court.

Affirmed.
# Kenneth S. Wherry: A Featured Biography

**

----

Kenneth Wherry (1892-1951) sold cars, pianos, and livestock, and was a licensed undertaker before entering Republican politics in Nebraska in the 1920s. He served as mayor of Pawnee City before winning election to the U.S. Senate in 1942. As a businessman, Wherry disliked high taxes, intrusive regulations and attempts to control prices, even during wartime. He also opposed federal programs that he regarded as social engineering and called on Congress "to stop the biggest giveaway show on earth." A staunch nationalist in foreign policy, he opposed the Marshall Plan, NATO, and other Cold War initiatives of the Truman administration. Wherry's "scrappy" style of debate and staunch defense of his party's positions in the  Senate led to his election as Republican whip in 1944 and minority leader in 1949.

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### Organizational Chart 

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### Contact Your Senator 

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II

106TH CONGRESS

2D SESSION S. 2371

To suspend temporarily the duty on Cibacron Red LS-B HC.

IN THE SENATE OF THE UNITED STATES

APRIL 6, 2000

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To suspend temporarily the duty on Cibacron Red LS-B HC.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY ON

4 CIBACRON RED LS-B HC.

5 Subchapter II of chapter 99 of the Harmonized Tar6 iff Schedule of the United States is amended by inserting

7 in numerical sequence the following new heading:
2

•S 2371 IS

‘‘ 9902.32.04 2,7-

Naphthalenedisulfonic acid, 5-[[4-

chloro-6-[[3-[[8-

[[4-fluoro6(methylphenylamino)-

1,3,5-triazin-2-yl]

amino]-1hydroxy3,6-disulfo-2-

naphthalenyl]

azo]-4-

sulfophenyl],

amino]-1,3,5-

triazin-2-yl]

amino]-4-hydroxy-3-[(1-sulfo2-naphthalenyl)

azo]-,sodium salt

(CAS No.

155522–05–7)

(provided for in

subheading

3204.16.30) ....... Free No change No change On or before

12/31/2002 ’’.

1 SEC. 2. EFFECTIVE DATE.

2 The amendment made by this Act applies with re3 spect to goods entered, or withdrawn from warehouse for

4 consumption, on or after the 15th day after the date of

5 the enactment of this Act.

Æ
**Exhibit 32.1****CERTIFICATION**     Pursuant to 18 USC §1350, the undersigned officer of The St. Joe Company (the “Company”)hereby certifies that the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30,2007 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable,of the Securities Exchange Act of 1934 and that the information contained in the Report fairlypresents, in all material respects, the financial condition and results of operations of theCompany.                                           /s/ Peter S. Rummell   Peter S. Rummell   Chief Executive Officer   Dated:  August 9, 2007
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7143

BRYANT ELLIOTT DAVIDSON, 

 Plaintiff - Appellant, 

 v. 

D. KENNETH HORNING; THE ATTORNEY GENERAL OF THE STATE OF 

MARYLAND, 

 Defendants - Appellees. 

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. William D. Quarles, Jr., District 

Judge. (1:07-cv-00737-WDQ) 

Submitted: February 17, 2009 Decided: March 17, 2009 

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Bryant Elliott Davidson, Appellant Pro Se. Edward John Kelley, 

OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, 

for Appellees.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Bryant Elliott Davidson seeks to appeal the district 

court’s order denying relief on his 28 U.S.C. § 2254 (2006) 

petition. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. See 28 U.S.C. 

§ 2253(c)(1) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. See Miller-El v. Cockrell, 537 

U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We 

have independently reviewed the record and conclude that 

Davidson has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

DISMISSED
#### Abraham Slutzk v. Marcus Roth.

Motion denied, with ten dollars costs.
EXHIBIT 99.2


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


         In connection with the Quarterly Report of The Chalone Wine Group, Ltd.
(the  "Company") on Form 10-Q for the quarter ended March 31, 2003 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Shawn M. Conroy Blom, Chief Financial Officer of the Company,  certify, pursuant
to 18 U.S.C.  ss.1350,  as adopted pursuant to ss. 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  result  of
               operations of the Company.



  /s/ SHAWN M. CONROY BLOM
__________________________________________
Shawn M. Conroy Blom
Vice President and Chief Financial Officer
May 12, 2003




                                       21