alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00004-CR

MICKY DAWN WADE APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY

----------

MEMORANDUM OPINION1

----------

On August 7, 2003, Appellant Micky Dawn Wade pled guilty pursuant to a 

plea bargain to indecency with a child, and the trial court sentenced him to twelve 

years’ confinement. Appellant filed a notice of appeal on January 6, 2014, 

seeking an out-of-time appeal.

 1

See Tex. R. App. P. 47.4.
2

Because of our concern that we have no jurisdiction over this appeal, we 

informed Appellant by letter on January 15, 2014, that this appeal could be 

dismissed unless he or any party filed a response showing grounds for 

continuing the appeal. Appellant filed a response, but it does not show grounds 

for continuing the appeal.

Appellant’s sentence was imposed on August 7, 2003. No motion for new 

trial was filed, so appellant’s notice of appeal was due September 8, 2003, but 

was not filed until January 6, 2014.2 His notice of appeal was therefore filed 

untimely.

A notice of appeal that complies with the requirements of rule 26 is 

essential to vest this court with jurisdiction.3

 The Texas Court of Criminal 

Appeals has expressly held that, without a timely filed notice of appeal or motion 

for extension of time, this court cannot exercise jurisdiction over an appeal.4

 

Only the Texas Court of Criminal Appeals may grant Appellant an out-of-time 

appeal.5

 2

See Tex. R. App. P. 26.2(a)(1).

3

See Tex. R. App. P. 25.2(b), 26.2(a)(1); Castillo v. State, 369 S.W.3d 196,

198 (Tex. Crim. App. 2012).

4

Castillo, 369 S.W.3d at 198; Olivo v. State, 918 S.W.2d 519, 522 (Tex. 

Crim. App. 1996).

5

See Heffel v. State, No. 02-12-00412-CR, 2012 WL 6196896, at *1 (Tex. 

App.—Fort Worth Dec. 13, 2012, no pet.) (mem. op., not designated for 

publication); see Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2013); 

Olivo, 918 S.W.2d at 525 n.8.
3

Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM

PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: May 15, 2014
i i i i i i



### MEM ORA ND UM OP INION No. 04-08-00827- CV Don BERGER (F ormer H ondo Police Chief) a nd Andy Chernak, in His I ndividual Capacity , Ap pe lla nts
v . J ames T. HOO TEN , Appellee F ro m th e 73 rd

Judic ia l D ist

ri c t Co ur t, B e xar County , T e xas Trial Court No. 2008-CI -12856 Honora ble Andy Mireles , J udg e Presiding PER C URI AM Sitt ing: Kar en Ang elini , J ustice

Sandee B ry an Mar ion, J ustice Phy lis J . Speedlin, J ustice Deliver ed and F iled: April 29, 2009 J OI NT MOTI ON TO V ACATE AND REMAND GRANTED ; VACATED AN D REMANDED Th e pa rt ie s h a ve fi le d a

joi nt mot ion sta tin g the y ha ve fu lly re so lve d a nd se ttl e d a ll i ssu e s in dispute. The parties ask that we vacate the trial c ourt’s judg ment and re mand the ca use to the trial
c ou rt fo r r e nd iti on

of jud g me nt i n a c c or da

nc e wi th t he a g re e me nt o f the pa

rt ie s. We g ra

nt t he pa rt ie s’ motion. The judgme nt of the trial cour t is therefor e v ac at ed without reg ard to the me rits, and the
cause is remande d to the trial court for rendition of judgme nt in a ccor dance with the ag ree ment of the par ties. See T EX . R. A PP . P. 4 2
. 1 (a)(2)( B) . Costs of appeal a re a ssessed ag ainst the party who incurre d them. Se e id . at 42.1(d). PER C URI AM
### IN THE

TENTH COURT OF APPEALS

No. 10

- 21

- 00018

- CV

EX PARTE TODD WARREN ALTSCHUL

From the 74th District Court

McLennan County, Texas

Trial Court No. 2402

- J

MEMORANDUM OPINION

Todd Warren Altschul attempts to appeal the trial court's decision to deny Altschul 's

petition for writ of habeas corpus. In a lette r dated January 2 7 , 20 21 , the Clerk of this Court

notified Altschul that the appeal was subject to dismissal because it appeared no final, appealable

order or judgment had been signed by the trial court. See T EX

. R. A PP

. P . 26.1; 42.3; 44.3. In the

same letter, Altschul was warned that the Court would dismiss this appeal unless, within 14 days

from the date of the letter, a response was filed showing grounds for continuing the appeal.

Altschul filed a response, but it does not show grounds for continuing the appeal.

Accordingly, this appeal is dismissed without prejudice to Altschul filing a new notice of

appeal when a written order is signed

. T EX

. R. A PP

. P . 42.3(a).

TOM GRAY

Chief JusticeEx Parte Altschul Page 2 Before Chief Justice Gray,

Justice Neill , and

Justice Scoggins 1

Appeal dismissed

Opinion delivered March 3 , 2021

[ CV 06]

1 The Honorable Al Scoggins, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the Chief Justice

of the Texas Supreme Court. See T EX

. G OV ' T C ODE §§ 74.003, 75.002, 75.003.
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent

v. KENNETH JACKSON, Petitioner : : : : : : : : : : : No. 47 WAL 2015 Petition for Allowance of Appeal from the Order of the Superior Court

ORDER PER CURIAM AND NOW , this 23rd day of June, 2015, the Petition for Allowance of Appeal is DENIED
.
Signed and Filed: February 13, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

February 13, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 438 Filed: 02/13/19 Entered: 02/13/19 16:57:44 Page 1 of 2
Case: 19-30088 Doc# 438 Filed: 02/13/19 Entered: 02/13/19 16:57:44 Page 2 of 2
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-41009 Summary Calendar

FERNANDO THOMPSON, Petitioner-Appellant,

versus GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:96-CV-139

- - - - - - - - - - January 6, 1999 Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM: * Fernando Thompson, Texas prisoner #353532, filed an application under 28 U.S.C. § 2254 for writ of habeas corpus challenging his 1978 conviction for aggravated robbery. According to Thompson, he was released on mandatory supervision on September 9, 1993, but he was not eligible for that release until March of 1994. Under Ex parte Morris , 626 S.W.2d 754, 756- 57 (Tex. Crim. App. 1982), such an error invalidates the release and entitles the prisoner to actual credit against his sentenceNo. 97-41009 -2- "for the calendar time when he was at liberty." The Texas court also considered it a violation of due process to deprive a prisoner of his accrued good time credits as a result of the revocation of an invalid release. Ex parte Morris , 626 S.W.2d at 757. Neither the Respondent nor the district court addressed these issues. Accordingly, the judgement of the district court is VACATED and the case REMANDED to the district court to developfully the record and to rule on the merits of the erroneousrelease issue. VACATED and REMANDED.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-END>                    JUN-30-1997
<CASH>                          792243
<SECURITIES>                    0
<RECEIVABLES>                   13429
<ALLOWANCES>                    9162
<INVENTORY>                     0
<CURRENT-ASSETS>                0
<PP&E>                          31930033
<DEPRECIATION>                  11895229
<TOTAL-ASSETS>                  22552223
<CURRENT-LIABILITIES>           0
<BONDS>                         20653692
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        0
<OTHER-SE>                      0
<TOTAL-LIABILITY-AND-EQUITY>    22552223
<SALES>                         0
<TOTAL-REVENUES>                2439382
<CGS>                           0
<TOTAL-COSTS>                   1081049
<OTHER-EXPENSES>                562501
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              734087
<INCOME-PRETAX>                 0
<INCOME-TAX>                    0
<INCOME-CONTINUING>             61745
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    61745
<EPS-PRIMARY>                   0
<EPS-DILUTED>                   0
        



</TABLE>
No. 17,860.

#### Harlan K. Sole, et al. *v.*Colorado State Board of Examiners in the Basic Sciences, et al.

(299 P. [2d] 119)

Decided July 2, 1956.

Rehearing' denied July 23, 1956.

Mr. Ben Klein, for plaintiffs in error.

Mr. Duke W. Dunbar, Attorney General, Mr. Frank E. Hickey, Deputy, Mr. Samuel R. Freeman, Assistant, for defendants in error.

*En Banc.*

Per Curiam.

Judgment affirmed without written opinion.
**Exhibit
      32.1**





**Certification**


**of**


**Chief
      Executive Officer and Chief Financial Officer**





Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, each of the undersigned officers of VioQuest
      Pharmaceuticals, Inc. do hereby certify that, to the best of his knowledge:





(a)
      the
      Quarterly Report on Form 10-Q of VioQuest Pharmaceuticals, Inc. for the quarter
      ended June 30, 2008 (the “Report”) fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(b)
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of VioQuest Pharmaceuticals,
      Inc.





Date:
                August 19, 2008
            By:
            /s/
                Michael D. BeckerMichael
                D. Becker
              Chief
                Executive OfficerDate:
                August 19, 2008
            By:
            /s/
                Christopher P. SchnittkerChristopher
                P. Schnittker
              Chief
                Financial Officer
EXHIBIT B 

Case: 19-30088 Doc# 3486-2 Filed: 08/09/19 Entered: 08/09/19 09:01:28 Page 1

of 2
Exhibit B

Compensation by Work Task Code

For the Period March 20, 2019 to May 31, 2019

Activity/Professional Title Rate Hours Total

Case Administration

R. Brian Calvert Sr. Managing Director $  640.00   960.00 1.50 $          

Thomas Jeremiassen Sr. Managing Director     575.00   345.00 0.60             

Activity Total 2.10   1,305.00 $       

Fee Application/Client Billing

Thomas Jeremiassen Sr. Managing Director $  575.00   172.50 0.30 $          

Activity Total 0.30   172.50

Retention/Engagement Matters

Bradley Sharp President & CEO $  685.00   9,179.00 13.40 $       

R. Brian Calvert Sr. Managing Director     640.00   2,944.00 4.60          

Thomas Jeremiassen Sr. Managing Director     575.00   287.50 0.50             

Eric Held Managing Director     495.00   1,336.50 2.70          

Nicholas Troszak Managing Director     485.00   679.00 1.40             

Cathy Vance Associate 375.00        17,400.00 46.40        

Activity Total 69.00   31,826.00

Attend Court Hearings/Review Pleadings

Bradley Sharp President & CEO $  685.00   685.00 1.00 $          

R. Brian Calvert Sr. Managing Director     640.00   768.00 1.20             

Activity Total 2.20   1,453.00

Claims Analysis/Objections

Bradley Sharp President & CEO $  685.00   54,046.50 78.90 $    

R. Brian Calvert Sr. Managing Director     640.00   77,312.00 120.80        

Thomas Jeremiassen Sr. Managing Director     575.00   47,322.50 82.30        

Eric Held Managing Director     495.00   4,603.50 9.30          

Nicholas Troszak Managing Director     485.00   45,153.50 93.10        

Shelly Cuff Director 360.00        28,764.00 79.90        

Andrew Wagner Director 350.00        1,715.00 4.90          

Spencer Ferrero Director     350.00   38,255.00 109.30        

Cathy Vance Associate 375.00        4,500.00 12.00          

Rowen Dizon Associate     230.00   1,311.00 5.70          

Activity Total 596.20   302,983.00 $  

Creditors and Creditors Committee Contact

Bradley Sharp President & CEO $  685.00   6,576.00 9.60 $       

Thomas Jeremiassen Sr. Managing Director     575.00   5,462.50 9.50          

Activity Total 19.10   12,038.50

Travel (at 1/2 Billing Rate)

Bradley Sharp President & CEO $  342.50   6,678.75 19.50 $       

R. Brian Calvert Sr. Managing Director     320.00   6,400.00 20.00          

Thomas Jeremiassen Sr. Managing Director     287.50   6,325.00 22.00          

Nicholas Troszak Managing Director     242.50   6,474.75 26.70          

Shelly Cuff Director 180.00        1,620.00 9.00          

Spencer Ferrero Director     175.00   3,202.50 18.30          

Activity Total 115.50   30,701.00 $    

Total 804.40        380,479.00 $  

Case: 19-30088 Doc# 3486-2 Filed: 08/09/19 Entered: 08/09/19 09:01:28 Page 2

of 2
**EXHIBIT 35.2**

 

 

**WASHINGTON MUTUAL MORTGAGE SECURITIES CORP.**

**OFFICER’S CERTIFICATEANNUAL STATEMENT OF COMPLIANCE**

            I, Barbara Campbell, an authorized officer of Washington Mutual Mortgage Securities Corp. (the “Administrative Agent”), dohereby certify to WaMu Asset Acceptance Corp. (the “Depositor”) and Washington Mutual Bank (the “Servicer”), pursuant to the Amended and Restated Administrative Agent Agreement dated as of February 1, 2005 (the“Servicing Agreement”) by and between the Servicer, and the Administrative Agent the following with respect to Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2007-1 Trust for the 2007 fiscal year  (the “RelevantYear”): 

1.            A review of the activities of the Administrative Agent during the Relevant Year andof performance under the Servicing Agreement has been made under my supervision.

2.                    To the best of my knowledge, based on such review, the Administrative Agent has fulfilled all of its obligationsunder the Servicing Agreement in all material respects throughout the Relevant Year. 

Dated as of March 1, 2008.

 

| /s/ Barbara Campbell Name:  Barbara Campbell Title:    First Vice President |
|-------------------------------------------------------------------------------------------------|
Case: 19-30088 Doc# 306 Filed: 02/05/19 Entered: 02/05/19 15:18:24 Page 1 of 2
Case: 19-30088 Doc# 306 Filed: 02/05/19 Entered: 02/05/19 15:18:24 Page 2 of 2
#### W. L. PEACOCK v. ATLANTIC COAST LINE RAILROAD COMPANY and HENRY MOYE.

(Filed 21 September, 1932.)

Ejectment O b — Where party does not claim under exception in deed rule that claimant must show claim is within exception does not apply.

In an action to recover lands the plaintiff introduced evidence of his title by deed containing an exception in favor of the defendant, but offered no evidence that the defendant’s use of the land was not within the exception, and the defendant introduced no evidence: *Held,,*a judgment of nonsuit was properly entered, the burden being upon the plaintiff to prove that the possession of the defendant was wrongful, and the rule that a party claiming under an exception in a deed has the burden of proving that his claim is within the exception does not apply, there being nothing to show that the defendant was claiming under the exception.

Appeal by plaintiff from *Harris, J.,*at January Term, 1932, of WayNE.

Affirmed.

From judgment dismissing tbis action as of nonsuit, tbe plaintiff appealed to tbe Supreme Court.

*J. Faison Thomson, J ames N. Smith and, Hugh Brown Campbell for plaintiff.*

*W. B. B. Guión and Dickinson & Freeman for defendants.*

Per Curiam.

The evidence offered by the plaintiff at the trial of this action tends to show that the land described in the complaint was conveyed to plaintiff by a deed containing the following language:

> “Excepting from the operation of this deed all rights of the Atlantic Coast Line Railroad in and to the southern portion of said property.”

Plaintiff offered no evidence tending to show tbe nature, character or extent of tbe rights of tbe defendant, Atlantic Coast Line Railroad *217Company in and to the land in controversy, or that the defendants were claiming under the exception in his deed.

The principle that the burden of proof is on one claiming under an exception in a deed or grant to show that his claim comes within the exception *(Laffoon v. Kerner,*138 N. C., 281, 50 S. E., 654), is not applicable in the instant case, for the reason that it does not appear that the defendants are claiming under the exception. The burden was upon the plaintiff and not upon the defendants to offer evidence tending to show that the possession of the defendants was not within their rights. In the absence of such evidence, there was no error in the judgment dismissing the action as of nonsuit. The judgment is

Affirmed.
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UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

In re: 

PG&E CORPORATION, 

 - and - 

PACIFIC GAS AND ELECTRIC COMPANY,

 Reorganized Debtors. 

☐ Affects PG&E Corporation 

☐ Affects Pacific Gas and 

 Electric Company 

☒ Affects both Debtors 

* All papers shall be filed in 

the Lead Case, No. 19-30088 (DM).

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Bankruptcy Case 

No. 19-30088-DM 

Chapter 11 

Jointly Administered 

ORDER AND NOTICE OF OPPORTUNITY TO OBJECT TO MOTIONS TO FILE 

CLAIM AFTER CLAIMS BAR DATE BY PRO SE CLAIMANTS 

NOTICE IS HEREBY GIVEN that the various pro se fire 

claimants have filed a Motion to File Claim After Claims Bar 

Date as listed on the Exhibit attached hereto. 

IT IS HEREBY ORDERED that the Fire Victim Trust shall file 

written objections to any of the motions by October 3, 2022. If 

any objections are filed, the court will set and notice a 

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Signed and Filed: September 19, 2022

Entered on Docket 

September 19, 2022

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 12975 Filed: 09/19/22 Entered: 09/19/22 11:43:57 Page 1

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hearing on an upcoming omnibus hearing date. If no objections 

are filed, the court will promptly issue an order granting the 

motions. 

**END OF ORDER** 

 

Case: 19-30088 Doc# 12975 Filed: 09/19/22 Entered: 09/19/22 11:43:57 Page 2

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COURT SERVICE LIST 

Kalika and Sean Casady 

121 Hansen Way 

Petaluma, CA 

Mitchell P. Hackwood 

936 Robbie Way 

Windsor, CA 95492 

Ronald Tackett 

4 Patches Drive 

Chico, CA 95928-4353 

Cindy Scott Fuchs 

219 Frankwood Dr. 

Folsom, CA 95630 

Krisy Lynn Melton 

643 Russell Ave #5 

Santa Rosa, CA 95403 

Laura Elizabeth Mendoza 

722 McConnell Ave 

Santa Rosa, CA 95404 

Charles Green 

85 Ridge Road 

Rail Road Flat, CA 95248 

Angelina Smith 

226 East 3rd Street 

Cloverdale, CA 95425 

Case: 19-30088 Doc# 12975 Filed: 09/19/22 Entered: 09/19/22 11:43:57 Page 3

of 3
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No. FDA-2010-N-0004]
          - [FDA 225-09-0014]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

The Food and Drug Administration (FDA) is providing notice of a memorandum of understanding (MOU) between FDA and the International Anesthesia Research Society (IARS). The purpose of this MOU is to establish a framework for collaboration between FDA and IARS and to support their shared interest of promoting the safe use of anesthetics and sedatives in children. 

# DATES:

The agreement became effective March 21, 2010.

# FOR FURTHER INFORMATION CONTACT:

Wendy R. Sanhai, Senior Scientific Advisor, Office of the Commissioner, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, rm. 4128, Silver Spring, MD 20993, 301-796-8518.

# SUPPLEMENTARY INFORMATION:

                    In accordance with 21 CFR 20.108(c), which states that all written agreements and MOUs between FDA and others shall be published in the                     **Federal Register**                    , the agency is publishing notice of this MOU.                 

Dated: May 26, 2010.

Leslie Kux,

Acting Assistant Commissioner for Policy.

      ( print page 31451)          ( print page 31452)          ( print page 31453)          ( print page 31454)          ( print page 31455)          ( print page 31456)          ( print page 31457)    

BILLING CODE 4160-01-S

[FR Doc. 2010-13292 Filed 6-2-10; 8:45 am]

BILLING CODE 4160-01-C
I 

113TH CONGRESS 

2D SESSION H. R. 5386 

To designate the facility of the United States Postal Service located at 

11662 Gravois Road in St. Louis, Missouri, as the ‘‘Lt. Daniel P. 

Riordan Post Office’’. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2014 

Mrs. WAGNER (for herself, Mr. CLAY, Mr. LUETKEMEYER, Mrs. HARTZLER, 

Mr. CLEAVER, Mr. GRAVES of Missouri, Mr. LONG, and Mr. SMITH of 

Missouri) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 11662 Gravois Road in St. Louis, Missouri, 

as the ‘‘Lt. Daniel P. Riordan Post Office’’. 

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

3 SECTION 1. LT. DANIEL P. RIORDAN POST OFFICE. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 11662 Gravois Road in St. 

6 Louis, Missouri, shall be known and designated as the 

7 ‘‘Lt. Daniel P. Riordan Post Office’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 5386 IH

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Lt. Daniel P. Riordan 

5 Post Office’’. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS