alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE v. ROOSEVELT BARTON.

(Filed 4 June, 1958.)

Homicide § 25—

Evidence that defendant intentionally shot the deceased with a deadly weapon, thereby proximately causing his death, raises the presumption that the killing was unlawful and was with malice, and is sufficient to warrant and support a verdict of guilty of murder in the second degree.

Appeal by defendant from *Nimocks, J.,*October Criminal Term, 1957, of RobesoN.

Criminal prosecution for the murder of John H. Blanks, also known as Jackie Lowry.

The solicitor announced that the State would not ask for a verdict of guilty of murder in the first degree, but would ask for a verdict of guilty of second degree murder.

Upon the verdict, “Guilty of Second Degree Murder,” judgment, imposing a prison sentence, was pronounced, from which defendant appealed.

*Attorney-General Seavjell and Assistant Attorney-General Bruton for the State.*

*Hackett & Weinstein for defendant, appellant.*

Per Curiam.

Defendant’s only assignment of error is that the court erred in overruling his motion for judgment of nonsuit.

The only evidence was that offered by the State, which included plenary evidence that defendant *intentionally*shot the deceased with a deadly weapon, to wit, a 32 pistol, and' thereby proxkmately caused his death; and, if the jury found the facts to be as this evidence tended to show, presumptions that the killing (1) was unlawful, and (2) was with malice, arose. *S. v. Mangum,*245 N.C. 323, 96 S.E. 2d 39, and cases cited. Since this evidence was sufficient to warrant and support a verdict of guilty of murder in the second degree, defendant’s motion for judgment of nonsuit was properly overruled.

No error.
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ARS Home Midwest Area Madison, Wisconsin U.S. Dairy Forage Research Center Dairy Forage Research Research





- Duff, Alison
- Franco, Jose
- Food Animal Production (101)
- Grass, Forage, and Rangeland Agroecosystems (215)

Research Project: **Location:
                            Dairy Forage Research** Project Number: 5090-21500-002-018-S
                        
                        Project Type: Non-Assistance Cooperative Agreement Start Date: May 20, 2022
                        
                        End Date: May 19, 2023 **Objective:**
                        
                        Develop and test quantitative models for predicting alfalfa yield and nutritive value using hyperspectral (UAV) data. **Approach:**
                        
                        The models will be developed using multitask deep learning for evaluating the relationships between hyperspectral (UAV) imagery and field nutritive and yield measurements.


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Exhibit
32.2


CERTIFICATION
OF
 CHIEF FINANCIAL
OFFICER
 PURSUANT
TO 18 U.S.C. SECTION 1350,
 AS
ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
  I, Munjit
Johal, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
knowledge, the Quarterly Report of Davi Skin, Inc. on Form 10-Q for the
quarterly period ended June 30, 2008 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
that information contained in such Quarterly Report of Davi Skin, Inc.. on Form
10-Q fairly presents, in all material respects, the financial condition and
results of operation of Davi Skin, Inc.
  Date:
      August 19, 2008
                By:
                /s/ 
      Munjit JohalMunjit
      Johal
                  Chief Financial Officer
EXHIBIT 32.1

                      STATEMENT OF CHIEF EXECUTIVE OFFICER
                        OF PREMIERE GLOBAL SERVICES, INC.
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                    ss. 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Annual Report of Premiere Global Services,  Inc.
(the  "Company") on Form 10-K for the year ended December 31, 2005 as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  the
undersigned, Boland T. Jones, Chief Executive Officer of the Company, certifies,
pursuant  to 18  U.S.C.  ss.  1350,  as  adopted  pursuant  to  ss.  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/ BOLAND T. JONES
                                                --------------------------------
                                                Boland T. Jones
                                                Chief Executive Officer
                                                Premiere Global Services, Inc.
                                                March 16, 2006
EXHIBIT 32.2



STATEMENT OF CHIEF FINANCIAL OFFICER

OF PTEK HOLDINGS, INC.

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE
SARBANES-OXLEY ACT OF 2002



In connection with Amendment No. 2
to the Annual Report of PTEK Holdings, Inc. (the Company) on Form 10-K/A for the year ended December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned William E.
Franklin, Executive Vice President and Chief Financial Officer of the Company, certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ William E. FranklinWilliam E. FranklinExecutive Vice President and Chief Financial OfficerPTEK Holdings, Inc.January 27, 2004




A signed
original of this written statement required by Section 906 has been provided to PTEK Holdings, Inc. and will be retained by PTEK Holdings, Inc. and furnished to the Securities and Exchange Commission upon request.
[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Rules and Regulations]
[Page 11898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5287]



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



DEPARTMENT OF AGRICULTURE
9 CFR Part 77

[Docket No. 94-053-3]


Tuberculosis in Cattle and Bison; State Designation

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the tuberculosis regulations concerning the 
interstate movement of cattle and bison by reducing the designation of 
Virginia from an accredited-free (suspended) State to a modified 
accredited State. We have determined that Virginia no longer meets the 
criteria for designation as an accredited-free (suspended) State but 
meets the criteria for designation as a modified accredited State. This 
change was necessary to prevent the spread of tuberculosis in cattle 
and bison.

EFFECTIVE DATE: April 3, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Mitchell A. Essey, Senior Staff 
Veterinarian, Animal and Plant Health Inspection Service, Veterinary 
Services, Cattle Diseases and Surveillance, 4700 River Road Unit 36, 
Riverdale, MD 20737-1231; (301) 734-8715.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective and published in the Federal Register 
on November 29, 1994 (59 FR 60885-60886, Docket No. 94-053-2), we 
amended the tuberculosis regulations in 9 CFR part 77 by removing 
Virginia from the list of accredited-free (suspended) States in 
Sec. 77.1 and adding it to the list of modified accredited States in 
that section.
    Comments on the interim rule were required to be received on or 
before January 30, 1995. We did not receive any comments. The facts 
presented in the interim rule still provide a basis for the rule.
    The action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12778, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

List of Subjects in 9 CFR Part 77

    Animal diseases, Bison, Cattle, Reporting and recordkeeping 
requirements, Transportation, Tuberculosis.

PART 77--TUBERCULOSIS

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR 77.1 and that was published at 59 FR 
60885-60886 on November 29, 1994.

    Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, 
and 134f; 7 CFR 2.17, 2.51, and 371.2(d).

    Done in Washington, DC, this 27th day of February 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-5287 Filed 3-2-95; 8:45 am]
BILLING CODE 3410-34-P
EXHIBIT 32


                            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 Kolorfusion International,
Inc. (the "Company") on Form 10QSB for the period ended September 30, 2003, as
filed with the Securities and Exchange Commission on this date, the undersigned,
being the Chief Executive 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 fully complies with the requirements of 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.

                                            KOLORFUSION INTERNATIONAL, INC.

                                       By /s/ Stephen Nagel
                                          --------------------------------------
                                          Stephen Nagel
                                          President, Chief Executive Officer and
                                          Principal Accounting Officer


                                       11
Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 

28, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00260-CV

IN RE AIMEE WOOLWINE, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

312th District Court

Harris County, Texas

Trial Court Cause No. 2021-05391

MEMORANDUM OPINION

On April 11, 2022, relator Aimee Woolwine filed a petition for writ of 

mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. 

App. P. 52. In the petition, relator asks this Court to compel the Honorable Clinton 

E. Wells, Jr., presiding judge of the 312th District Court of Harris County, to 

vacate the trial court’s February 2, 2022 oral order setting aside the Mediated

Settlement Agreement (“MSA”) and ordering the parties back to mediation. 
2

Relator further requests that this Court direct the trial court to enter judgment on 

the terms of the MSA and to sign the proposed final divorce decree submitted to 

the trial court by relator with her motion to enter final decree of divorce.

Relator has not established that she is entitled to mandamus relief. 

Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jewell, Zimmerer, and Hassan.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                               1
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     1
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  11,320
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,247
<OTHER-SE>                                     (1,931)
<TOTAL-LIABILITY-AND-EQUITY>                    11,320
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 5,731
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (5,731)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,731)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,731)
<EPS-BASIC>                                     (1.72)
<EPS-DILUTED>                                   (1.72)


</TABLE>
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NOS. WR-84,531-18 and WR-84,531-19

EX P ARTE BRIAN WAYNE DRA KE, Applicant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. W13-14123-Q(D) A ND W13-30911- Q(D) IN THE 204T H DISTRICT COURT FROM D ALLAS COUNTY

Per curiam . A L C

A L A , J., concurs. O R D E R Pursuant to the provision s o f Ar t i cle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial c ourt transmitted to this C ourt these two a pplications for writs of habeas corpus. Ex parte Y

oung , 418 S.W .2d 824, 8 2 6 (Tex. Crim. App. 1967). Applicant was convicted of two ag g rava ted robber ies. Acc ording to this Court’s rec ords, Applicant has sever al habea s applications pending in the trial court that conce rn these two convictions. Th es e t wo h abea s applications are there fore rema

nded to the 204th District Cour t o f Da l l as County to be considere d along with Applicant’s pending habea s applications. See Ex parte Saenz , 4 9 1 S

. W.3d 819, 825 (Tex. Crim. App. 2016).The applications will be held in abey ance until the t rial court has resol ved the fac t issues.

The issues shall be resolved within 90 day s of this orde r. A supplemental transcr ipt c ontaining all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court within 120 day s of the date of this order. A ny extensions of t ime shall be obtained f

rom this Court.

Filed: October

19, 2016 Do not publish
#### J. O. PLOTT COMPANY v. H. K. FERGUSON CONSTRUCTION COMPANY et al.

(Filed 6 June, 1930.)

1. Appeal and Error E a — Where the record does not contain the complaint in the action the appeal will be dismissed.

It is required by the rules of practice in the Supreme Court that the complaint be made a part of the record proper in all cases, Rule 19, ■ section 1, and where on appeal the record contains only a synopsis of the complaint the appeal will be dismissed.

*783S. Appeal and Error A e — Where record does not squarely present the question of the constitutionality of a statute it will not he decided.

The Supreme Court will not anticipate questions of constitutional law in advance of the necessity of deciding them, nor will it give advisory opinions on such questions, and where the record in a case on appeal is so incomplete that it may not be determined that the constitutionality of a statute is squarely presented, the question will not be decided.

Appeal by plaintiff from *Schenck, J.,*at March Term, 1930, of BuNcombe.

*John H. Cathey for plaintiff.*

*Bernard, Williams & Wright for defendant, Deposit Company.*

Stacy, C. J.

It appears from the statement of case on appeal, which constitutes the entire record sent to this Court, that the constitutionality of chapter 613, Public-Local Laws, 1927, is sought to be presented for decision. But as only a synopsis of the complaint has been sent up, we are not in position to say that the question is squarely presented. "We are disposed to think that it is not. At any rate, no error appears on the face of the record. Appellate courts never anticipate questions of constitutional law in advance of the necessity of deciding them; nor do they venture advisory opinions on such questions. *Wood v. Braswell,*192 N. C., 588, 135 S. E., 529; *Person v. Doughton,*186 N. C., 723, 120 S. E., 481.

It is provided by Rule 19, sec. 1, of the Rules of Practice in the Supreme Court that “the pleadings on which the case is tried, the issues and the judgment appealed from shall be a part of the transcript in all cases.” 192 N. C., p. 847. The appeal, therefore, must be dismissed for failure to send up the necessary parts of the record proper. *Schwarberg v. Howard,*197 N. C., 126, 147 S. E., 741.

Appeal dismissed.
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _
Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 2 A0 09 1 . RAUL RANGEL ALVAREZ v . THE STATE.

On M ay 18
, 2 0 2 1
, Rau l Ran g el A l v arez en t ered a co u n s el ed p l ea t o m u l t i p l e

o ffen s es

. On J u n e 4
, 2 0 2 1
, Al v arez fi l ed a p ro s e n o t i ce o f ap p eal

. 1 W e, h o wev er, l ack ju ri s d i ct i o n

.

“ A cri m i n al d efen d an t i n Geo rg i a d o es no t h av e th e ri g ht t o rep res en t h i m s el f

an d al s o b e rep res en t ed b y an at t o rn ey , an d p ro s e fi li ng s b y rep res en ted p art i es are
t h erefo re u n au t h o ri zed an d wi t h o u t effect .” To l b er t v. To o l e , 2 9 6 Ga. 3 5 7
, 3 6 3 (3 ) (7 6 7 SE2 d 2 4 ) (2 0 1 4 ). Here, Al varez was rep res en t ed b y co u ns el wh en h e en t ered h i s
g u i l t y p l ea, an d n ot h i n g i n t h e reco rd i nd i cat es t hat h i s at t o rn ey ei t h er w i t h d rew o r

was rel i ev ed fro m rep res en t i n g Al v a r e z

. T h at rep res en t at i o n i s d eem ed t o co n t i n u e fo r at l eas t 3 0 d ay s aft er t h e en t ry o f A l v arez’ s s en ten ce. See S o b er an i s v. S t a t e , 3 4 5
Ga. A p p. 4 0 3
, 4 04 (8 1 2 SE2 d 8 0 0 ) (2 0 1 8 ). Acco rd in gl y , Al varez’ s p ro s e n o t i ce o f

ap p eal i s a n ul li t y , an d t h i s ap p eal i s h ereb y DISM ISSED. See i d

.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m
t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

.

1 Th e ap p eal was t ran s m i t t ed t o t h e Su p r e m e Co u rt , wh i ch t ran s ferred t h e

m at t er t o t h i s Co u rt . See Cas e No . S2 1A1 16 9 (J u l y 7 , 2 0 2 1 ). August 25, 2021

08/25/2021
N OTE : This disposition is nonprecedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________

VIRAJ PROFILES LIMIT ED, Appellant

v.

INTERNATIONAL TRADE COMMISSION, Appellee

VALBRUNA SLATER STAI NLESS, INC., VALBRUNA STAINLESS INC., ACCIAIERIE VALBRUNA S.P.A., Intervenors

______________________

2016

- 2482

______________________
Appeal from the United States International Trade Commission in Investigation No. 337

- TA

- 933.

______________________

JUDGMENT

______________________

R OBERT A. J AFFE , Kutak Rock LLP, Washington, DC, argued for appellant. Also represented by L IZBETH R OBIN L EVINSON

.

L UCY G RACE D. N OYOLA , Office of the General Cou nsel, United States International Trade Commission,Washington, DC, argued for appellee. Also represented by W AYNE W. H ERRINGTON
, S IDNEY A. R OSENZWEIG
, D OMINIC L. B IANCHI

.

S TEFAN M ENTZER , White & Case LLP, New York, NY

, argued for intervenors. Also represented by D IMITRIOS T. D RIVAS ; G REGORY J. S PAK
, J AMES P. G AGEN
, T ING -T ING K

AO
, S ONIA W. M URPHY
, Washington, DC

.

______________________

T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C U RIAM (D YK
, L INN
, and H UGHES
, Circuit Judges ).

AFFIRMED

. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

September 11, 2017 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court