alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### FEB 16 1999 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

CHARLES CARSON BREWINGTON,

Petitioner - Appellant,

v. H. N. “SONNY” SCOTT, Warden; ATTORNEY GENERAL OF THE STATE OF OKLAHOMA,

Respondent - Appellee. No. 98-6356 (D. Ct. No. CV-97-521-R) (W.D. Okla.)

ORDER AND JUDGMENT *

Before TACHA , McKAY , and MURPHY , Circuit Judges.
After examining the briefs and the appellate record , this three-judge panel has determined unanimously that oral argument wouldnot be of material assistance in the determination of this appeal. Se e Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered sub mitted without oral argument. This appeal is from an order of the district court denying federal habeas corpus relief in petitioner’s action brought pursua nt to 28 U.S.C. § 2254.- 2 -

Petitioner appeals on the grounds that he was denie d due process of law by the issuance of a summary opinion by the Oklahoma Courtof Criminal Appeals and that certain evidentiary rulings denied him a fair trial. The district court denied a certificate of appealability and denied petitioner’ s motion to proceed in forma pauperis on appeal. We decline to issue a certific ate of appealability. In this action, petitioner challenged his convictio n in the district court of Comanche County, Oklahoma, for first degree murder. Petitioner is currently serving a life sentence on this conviction. On app eal he alleges that the district court erred in finding that he was not deprived of due process of law in the Oklahoma Court of Criminal Appeals and that he was not denied a fair trial in the Oklahoma trial court based on two evidentiary rulin gs. The magistrate judge, in a thorough report and reco mmendation, examined carefully the record and the law related to the iss ues raised by petitioner and recommended to the district court that the petition for habeas corpus be denied. The district court adopted the magistrate’s report and recommendation, denied habeas corpus relief, and denied a certificate of appealability and the motion to proceed in forma pauperis. After our independent r eview of the record in this matter, including the full trial transcript, and th e relevant legal authority, we are convinced that the magistrate judge correctly analy zed the issues on appeal. We- 3 -

therefore deny the certificate of appealability. T he appeal is dismissed.

ENTERED FOR THE COURT,

Deanell Reece Tacha Circuit Judge
# Tentative 2009 Legislative Schedule

**

----

**111th Congress, 1st Session**

The *tentative* schedule for 2009 has been announced. The list below identifies non-legislative periods (days that the Senate *will not* be in session). The schedule is also available in calendar format (pdf image). The 2008 tentative schedule is still available. 
| Date          | Action                    | Note                                      |
|---------------|---------------------------|-------------------------------------------|
| Jan 6         | Convene                   |                                      |
| Jan 8         | Electoral ballot count.   |                                      |
| Jan 19        | State Work Period         | Martin Luther King Jr. Holiday            |
| Jan 20        | Presidential inauguration |                                      |
| Feb 16-20     | State Work Period         | President's Day                           |
| Apr 6-17      | State Work Period         | Easter. Passover begins at sundown Apr 8. |
| May 25-29     | State Work Period         | Memorial Day                              |
| Jun 29-Jul 3  | State Work Period         | Independence Day                          |
| Aug 10-Sep 7  | State Work Period         | Labor Day- Sep 7                          |
| Nov 11-Nov 13 | State Work Period         | Veterans Day- Nov 11                      |
| Nov 23-Nov 27 | State Work Period         | Thanksgiving Day- Nov 26                  |
| TBD           | Target Adjournment Date   |
|   |
|--------|

        -  Bills, Acts, & Laws 
        -  Nominations 
        -  Treaties 
        -  Votes 
        -  Floor Proceedings 
        -  Rules & Procedure 
        -  Landmark Legislation 
        -  Sessions of Congress 
        -  Senate Archives 
        -  Public Disclosure 

### Days in Session 

These calendars (Congress.gov)  list the days the Senate met for each session of Congress.

Visit the "Sessions of Congress"  web page to find out more about this topic.

### House Calendar 

View the House of Representatives Calendars.

### Senators Phone List 

This list of senators' suite and phone numbers in pdf format is updated every couple of weeks at the beginning of a new Congress.

### Virtual Capitol Tour 

Take a look inside the Capitol with our 360 degree virtual tour!
**Exhibit 10.43**

** **

**THIRD AMENDMENT TO THE**

**MIRANT CORPORATION**

**DEFERRED COMPENSATION PLAN**

**FOR DIRECTORS AND SELECT EMPLOYEES**

 

**WHEREAS,**Mirant Corporation (the “Company”) heretofore adopted the Mirant CorporationDeferred Compensation Plan for Directors and Select Employees (the “Plan”),effective September 27, 2000, and subsequently amended and restated the Planeffective April 2, 2001; and

 

**WHEREAS**,pursuant to Section 11.1 of the Plan, the Board of Directors of the Company(the “Board”) has the authority to amend the Plan; and

 

**WHEREAS,**theBoard has delegated its authority to amend the Plan, provided such amendmentdoes not have a material effect on the cost of the Plan, to the AmericasBenefits Committee (the “Committee”); and

 

**WHEREAS**,the Committee desires to amend the Plan to remove all references to a “Changein Control” from the Plan effective as of August 27, 2004; and

 

**WHEREAS,**the Committee has determined that the above amendment would not have a materialeffect on the cost of the Plan.

 

**NOW,THEREFORE,** the Committee hereby amends the Plan as follows,to be effective as of August 27, 2004:

 

I.

 

Section1.3 of the Plan is hereby amended in its entirety to read as follows:

 

“1.3         [Deleted]”

 

II.

 

Section8 of the Plan is hereby amended in its entirety to read as follows:

 

“**SECTION 8**

[Deleted]”

 

III.

 

Section9.7 of the Plan is hereby amended in its entirety to read as follows:

 

“9.7                           [Deleted]”

 

----

 

IV.

 

Section11.1 of the Plan is hereby amended in its entirety to read as follows:

 

“11.1                     Amendment of the Plan

 

Subject to the provisionsof Section 11.3 herein, the Plan may be wholly or partially amended orotherwise modified at any time by written action of the Board of Directors.”

 

V.

 

Exceptas amended herein by this Third Amendment, the Plan shall remain in full forceand effect as amended by the Company prior to the adoption of this ThirdAmendment.

 

**INWITNESS WHEREOF,**Mirant Corporation, through its dulyauthorized officer pursuant to a unanimous consent of the Committee datedSeptember 29, 2004, has adopted this Third Amendment to the Mirant CorporationDeferred Compensation Plan for Directors and Select Employees on this 29th dayof September, 2004, to be effective August 27, 2004.

 
|   | **MIRANT CORPORATION:** |
|--------|-------------------------|
|   |                    |   |
|   |                    |   |
|   | By:                     |   |   |
|   |                    | Vance  N. Booker |
|   |                    | SVP,  Administration |

 

2

----
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 22

- 00487

- CV

In re Rain Minns

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

_____ __ ________________ ___________________

Melissa Goodwin , Justice

Before Justices Goodwin, Baker, and Kelly

Filed: Sep tember 20 , 2022
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,412

EX PARTE ETIM ETIM KING, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1131865-A IN THE 232nd DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of engaging in

organized criminal activity and sentenced to forty years’ imprisonment. The First Court of Appeals

affirmed his conviction. King v. State, No. 01-08-00457-CR (Tex. App.–Houston [1 Dist.], st

delivered April 16, 2009, no pet.). 

Applicant contends that his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of
2

 In cases where counsel was not ineffective, but there has been a “breakdown in the 1

system”, due process requires that an applicant be permitted to exercise his statutory right to file

a PDR. 

his right to petition for discretionary review pro se. We remanded this application to the trial court

for findings of fact and conclusions of law.

Both appellate counsel and an official with the Texas Department of Criminal Justice have

filed affidavits with the trial court. Based on these affidavits, the trial court has entered findings of

fact and conclusions of law that Applicant was not notified, through no fault of counsel, that his

conviction had been affirmed and of his right to petition for discretionary review pro se. The trial

court recommends that relief be granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).1

We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition for

discretionary review of the judgment of the First Court of Appeals in Cause No. 01-08-00457-CR

that affirmed his conviction in Case No. 1131865-A from the 232nd Judicial District Court of Harris

County. Applicant shall file his petition for discretionary review with the First Court of Appeals

within 30 days of the date on which this Court’s mandate issues.

Delivered:

Do not publish
<PAGE>   1
                                                                   Exhibit 12.01

               Travelers Property Casualty Corp. and Subsidiaries
                Computation of Ratio of Earnings to Fixed Charges
                   (In millions of dollars, except for ratio)



<TABLE>
<CAPTION>
                                                                                   Year ended December 31,
                                                         -----------------------------------------------------------------------

                                                          2000             1999             1998             1997           1996
                                                          ----             ----             ----             ----           ----
<S>                                                     <C>              <C>              <C>              <C>             <C>
Income before federal income taxes and
   cumulative effect of changes in
   accounting principles                                $2,027           $1,915           $1,837           $1,752           $487
Interest                                                   134              152              161              163            118
Portion of rentals deemed to be interest                    44               47               49               55             45
                                                        ------           ------           ------           ------           ----
Income available for fixed charges                      $2,205           $2,114           $2,047           $1,970           $650
                                                        ======           ======           ======           ======           ====

Fixed charges:
     Interest                                           $  134           $  152           $  161           $  163           $118
     Portion of rentals deemed to be interest               44               47               49               55             45
                                                        ------           ------           ------           ------           ----
Total fixed charges                                     $  178           $  199           $  210           $  218           $163
                                                        ======           ======           ======           ======           ====

Ratio of earnings to fixed charges                      12.39x           10.62x            9.75x            9.04x          3.99x
                                                        ------           ------           ------           ------           ----
</TABLE>


The ratio of earnings to fixed charges is computed by dividing income before
federal income taxes and cumulative effect of changes in accounting principles
and fixed charges by the fixed charges. For purposes of this ratio, fixed
charges consist of that portion of rentals deemed representative of the
appropriate interest factor.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                      11,864,218
<SECURITIES>                                18,504,263
<RECEIVABLES>                                  125,976
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            31,207,985
<PP&E>                                      31,852,621
<DEPRECIATION>                               5,026,307
<TOTAL-ASSETS>                             259,345,295
<CURRENT-LIABILITIES>                       34,138,413
<BONDS>                                    107,463,638
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        26,707
<OTHER-SE>                                  75,952,217
<TOTAL-LIABILITY-AND-EQUITY>               259,345,295
<SALES>                                        840,822
<TOTAL-REVENUES>                               840,822
<CGS>                                                0
<TOTAL-COSTS>                               43,352,746
<OTHER-EXPENSES>                             1,498,877
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          18,480,117<F1>
<INCOME-PRETAX>                           (62,490,918)
<INCOME-TAX>                                 9,132,237
<INCOME-CONTINUING>                       (53,358,681)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (53,358,681)
<EPS-PRIMARY>                                   (2.14)
<EPS-DILUTED>                                   (2.14)
<FN>
<F1>NET OF INTEREST INCOME OF $2,693,257
</FN>
        

</TABLE>
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In re Chris Flood

Appellate case number: 01

- 23

- 00100

- CR & 01

- 23

- 00101

- CR

Trial court case number: 1663543 & 1663544

Trial court: 338th District Court of Harris County

Relator Chris Flood filed a petition for writ of mandamus today, as well as a motion for emergency relief.

The Court requests a response from the State by 5 p.m. Wednesday, February 15, 2023 to the motion for emergency relief . The Court al so requests a response to the petition for writ of

mandamus by 5 p.m. Tuesday, February 21, 2023

.
It is so ORDERED.

Judge’s signature:

_____

/s/ Peter Kelly

_______  Acting individually  Acting for the Court

Date:

___ February 13, 2023

_____
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 20
- 00376
- CV

Texas General Land Office and George P. Bush, named in his Official Capacity as Texas Land Commissioner, Appellants

v. City of Houston, Appellee

FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY NO. D
- 1
- GN
- 20
- 003520, THE HONORABLE TIM SULAK, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

PER CURIAM

On November 20, 2020, we abated this appeal after granting Appellants’ unopposed
motion for a 30

- day abate ment

. We instructed the parties to file either a status report or motion to dismiss by the end of the abatement period

.

The parties have filed their Joint Status Report and Request for Extensio n of Abatement. In it, they seek an extension of the abatement to January 4, 2021, explaining that they are continuing “working

. . . to determine whether the underlying case can be dismissed by agreement.”

The Court grants the parties’ request for an ab atement extension and extends the
abatement until January 4, 2021 . The parties are ordered to file another status report, or a motion to dismiss, by that date.2

Before Chief Justice Rose , Justices Baker and Kelly
Abated
Filed: December 23, 2020
**Exhibit24.1**

 

February 21, 2006

 
| James V. Iaco               |   | Thomas E. Legro             |
|-----------------------------|--------|-----------------------------|
| 1155 Perimeter Center  West |   | 1155 Perimeter Center  West |
| Atlanta, Georgia 30338      |   | Atlanta, Georgia 30338      |

 

Dear Mr. Iaco and Mr.Legro:

 

Mirant Corporation (the“Company”) proposes to file with the Securities and Exchange Commission, underthe Securities Exchange Act of 1934, its Annual Report on Form 10-K for theyear ended December 31, 2005.

 

The Company and theundersigned directors of the Company, individually as a director of theCompany, hereby make, constitute and appoint James V. Iaco and Thomas E. Legroour true and lawful Attorneys for each of us and in each of our names, placesand steads to sign and cause to be filed with the Securities and ExchangeCommission in connection with the foregoing said Annual Report on Form 10-K,and any appropriate amendment or amendments thereto and any necessary exhibits.

 
|   | Yours very truly,  |
|--------|--------------------|
|   |               |
|   | MIRANT CORPORATION |
|   |               |
|   | By                 | /s/ Edward  R. Muller |   |
|   | Edward R. Muller   |

 

----

 
|   | By                 | /s/ Thomas  W. Cason    |   |
|--------|--------------------|-------------------------|--------|
|   | Thomas W. Cason    |
|   |               |
|   |               |
|   | By                 | /s/ A.  D. Correll      |   |
|   | A. D. Correll      |
|   |               |
|   |               |
|   | By                 | /s/ Terry  G. Dallas    |   |
|   | Terry G. Dallas    |
|   |               |
|   |               |
|   | By                 | /s/ Thomas  H. Johnson  |   |
|   | Thomas H. Johnson  |
|   |               |
|   |               |
|   | By                 | /s/ John  T. Miller     |   |
|   | John T. Miller     |
|   |               |
|   |               |
|   | By                 | /s/ Robert  C. Murray   |   |
|   | Robert C. Murray   |
|   |               |
|   |               |
|   | By                 | /s/ John  M. Quain      |   |
|   | John M. Quain      |
|   |               |
|   |               |
|   | By                 | /s/ William  L. Thacker |   |
|   | William L. Thacker |

 

2

----
II

106TH CONGRESS

2D SESSION S. 2416

To designate the Federal building located at 2201 C Street, Northwest,

in the District of Columbia, which serves as headquarters for the Department of State, as the ‘‘Harry S. Truman Federal Building’’.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 2000

Mr. ASHCROFT (for himself, Mr. BOND, Mr. DEWINE, Mr. WARNER, and Mr.

MOYNIHAN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To designate the Federal building located at 2201 C Street,

Northwest, in the District of Columbia, which serves

as headquarters for the Department of State, as the

‘‘Harry S. Truman Federal Building’’.

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

3 SECTION 1. FINDINGS.

4 Congress finds that—

5 (1) President Harry S. Truman worked to es6 tablish the Marshall Plan, which created politically

7 stable partners in Europe, spurred world economic
2

•S 2416 IS

1 growth, stabilized European currencies, and encour2 aged global trade;

3 (2) Truman worked very closely with the Senate

4 in writing the Washington Treaty, which founded

5 the North Atlantic Treaty Organization in 1949;

6 (3) Truman’s foreign policy leadership in trou7 bled times, such as the periods of the Soviet block8 ade in Berlin which necessitated the Berlin airlift,

9 the communist coup in Czechoslovakia, and the com10 munist insurgency in Greece, made it clear that the

11 United States needed to do its part to help the free

12 countries of Europe protect themselves;

13 (4) the United States troop presence and guar14 antee of military assistance allowed many allies to

15 concentrate on building economic growth and polit16 ical stability, with minimal fear of attack by the So17 viet Union;

18 (5) Truman was the architect of the strategy

19 that won the Cold War; and

20 (6) Truman’s courage, character, and commit21 ment to freedom were second to none.

22 SEC. 2. DESIGNATION OF HARRY S. TRUMAN FEDERAL

23 BUILDING.

24 The Federal building located at 2201 C Street,

25 Northwest, in the District of Columbia, which serves as
3

•S 2416 IS

1 headquarters for the Department of State, shall be known

2 and designated as the ‘‘Harry S. Truman Federal Build3 ing’’.

4 SEC. 3. REFERENCES.

5 Any reference in a law, map, regulation, document,

6 paper, or other record of the United States to the Federal

7 building referred to in section 2 shall be deemed to be

8 a reference to the ‘‘Harry S. Truman Federal Building’’.

Æ
#### In the Matter of Harold W. Trippett.

Respondent disbarred. Order to be settled on notice.
<PAGE>


NS GROUP, INC. FORM 10-Q SEPTEMBER 30, 2002                         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 NS Group, Inc. (the "Company")
on Form 10-Q for the period ending September 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Thomas
J. Depenbrock, Chief Financial Officer of the Company, certify, to my knowledge,
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 results of operations
          of the Company.




                                                /s/Thomas J. Depenbrock
                                                -----------------------
                                                Thomas J. Depenbrock
                                                Chief Financial Officer
                                                NS Group, Inc.
                                                November 7, 2002