alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Missouri, Respondent, v. Duane SIMMONS, Appellant. Duane SIMMONS, Appellant, v. STATE of Missouri, Respondent,

Nos. 64938, 67125.

Missouri Court of Appeals, Eastern District, Division Four.

Sept. 26, 1995.

Robert E. Steele, Jr., Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Traci J. Sanders, Asst. Atty. Gen., Jefferson City, for respondent.

Before AHRENS, P.J., and PUDLOWSKI and GRIMM, JJ.

*ORDER*

PER CURIAM.

In this jury-tried case, defendant was convicted of murder in the second degree, in violation of § 565.021 RSMo 1994, assault in the first degree, § 565,050, and two counts of armed criminal action, § 571.015. Defendant was sentenced to two consecutive life terms imprisonment. Defendant appeals the judgment and sentence and the denial of his Rule 29.15 motion for post-conviction relief without an evidentiary hearing.

No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment of the trial court is affirmed in accordance with Rules 30.25(b) and 84.16(b).
#### Rick A. MILLER, Movant-Appellant, v. STATE of Missouri, Respondent.

No. 19933.

Missouri Court of Appeals, Southern District, Division Two.

March 23, 1995.

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Becky Owenson Kilpatrick, Asst. Atty. Gen., Jefferson City, for respondent.

PARRISH, Judge.

Rick A. Miller (movant) filed a Rule 24.035 motion in the Circuit Court of Phelps County. That court denied relief because the motion was not filed within the time prescribed by Rule 24.035(b). Movant appeals. He contends the motion court erred in denying relief because the absolute deadline the rule imposes for filing motions for post-conviction relief violates the United States and Missouri constitutions.

Movant was convicted, based on a plea of guilty, of murder in the second degree, § 565.021.1(1), RSMo 1986. He was sentenced September 19, 1988, to imprisonment for a term of 30 years and was delivered to the custody of the Department of Corrections September 21, 1988. He filed a *pro se*motion for post-conviction relief pursuant to Rule 24.035 April 16, 1993.

The trial court found that the motion was “filed out of time.” Rule 24.035(b) requires a person seeking relief under Rule 24.035 to file their motion within 90 days after delivery to the custody of the Department of Corrections. Failure to file the motion within the specified time constitutes a complete waiver of any right to proceed thereunder. The time constraint imposed by Rule 24.035 is valid. *Day v. State,*770 S.W.2d 692, 695 (Mo. banc), *cert. denied sub nom., Walker v. State,*493 U.S. 866, 110 S.Ct. 186, 107 L.Ed.2d 141 (1989).

The motion court’s findings are not clearly erroneous. No error of law appears. Further opinion would have no precedential value. The judgment is affirmed in compliance with Rule 84.16(b).

GARRISON, P.J., and CROW, J., concur.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

KATHLEEN A. WALDORF , Appellant,

v.

PAMELA J. WALDORF

- JANSON, individually, as Personal Representative of the Estate of Helyn Q. Waldorf, and as Trustee of the Helyn Q. Waldorf Revocable Trust Agreement as amended and restated

on April 17, 2015, CHRISTOPHER V. WALDORF, JR. , WILLIAM G. WALDORF, and STEPHEN M. WALDORF , Appellee s

.

No. 4D 2 1

- 95

[ March 10, 2022 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Charles E. Burton , Judge; L.T. Case 50

- 2018

- CP

- 003711

- XXXX

- SB

.

Jane Kreusler

- Walsh, Rebecca Mercier Vargas, and Stephanie L. Serafin of Kreusler

- Walsh , Vargas & Serafin, P.A., and Theodore S. Ky p reos of Jones Foster P.A., West Palm Beach

, for appellant

.
John B.T. Murray, Jr., and John W. Terwilleger of Gunster, Yoakley & Stewart, P.A., West Palm Beach , for appellee s

.

P ER C URIAM

.
Affirmed

.

D AMOORGIAN , F ORST and A RT AU , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Notices]
[Page 532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-98]



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


DEPARTMENT OF VETERANS AFFAIRS

A Child Development Center at the VAMC Dublin, GA

AGENCY: Department of Veterans Affairs.

ACTION: Notice of designation.

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

SUMMARY: The Secretary of the Department of Veterans Affairs is 
designating the Dublin, GA, Department of Veterans Affairs Medical 
Center (VAMC) for an Enhanced-Use development. The Department intends 
to enter into a long-term lease of real property with the developer 
whose proposal will provide the best quality child development and care 
at the greatest economic advantage for children of VAMC employees. The 
developer will be responsible for all apsects of construction, 
ownership, maintenance, and operation of the Child Development Center.

FOR FURTHER INFORMATION CONTACT:
Brian McDaniel, Office of Asset and Enterprise Development (089), 
Veterans Health Administration, Department of Veterans Affairs, 810 
Vermont Avenue NW, Washington, DC 20420, (202) 233-3307.

SUPPLEMENTARY INFORMATION: 38 U.S.C. 8161 et seq. specifically provides 
that the Secretary may enter into an Enhanced-Use lease, if the 
Secretary determines that at least part of the use of the property 
under the lease will be to provide appropriate space for an activity 
contributing to the mission of the Department; the lease will not be 
inconsistent with and will not adversely affect the mission of the 
Department; and the lease will enhance the property. This project meets 
these requirements.

    Approved: December 14, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
[FR Doc. 95-98 Filed 1-3-95; 8:45 am]
BILLING CODE 8020-01-M
#### The People of the State of New York, Respondent, v Rudy Sheppard, Appellant.

Judgment, Supreme Court, New York County (Ira F. Beal, J.), rendered on or about November 29, 1988, which convicted defendant, after a jury trial, of criminal possession of a controlled substance in the second degree and sentenced him, as a second felony offender, to an indeterminate term of imprisonment of from six years to life, unanimously affirmed.

While Officer James Gilmore was in a building lobby investigating a fight, he saw defendant, clutching a plastic bag containing a white powdery substance, run down the stairs and out of the building. Defendant was accompanied by a man *419wielding a gun. Three other men with guns chased after them. Officer Gilmore gave chase and ultimately caught defendant and placed him under arrest. Defendant had dropped the plastic bag when he was apprehended. The bag contained over three ounces of cocaine. Eight vials of crack containing over five grams of cocaine were also recovered from defendant’s possession.

On appeal, defendant raises several claims regarding the prosecutor’s summation. Most of these issues are unpreserved as a matter of law and we therefore decline to address them. (CPL 470.05 [2].) Were we, however, to consider these issues in the interests of justice, we would, nevertheless, find them, as well as the preserved claims, to be without merit. The prosecutor’s comments were appropriate remarks on the issues before the jury and were fair responses to defendant’s summation attack on the police officer’s credibility. *(See, People v Ashwal,*39 NY2d 105; *see also, People v Marks,*6 NY2d 67, 77-78, *cert denied*362 US 912.) Concur—Sullivan, J. P., Ross, Carro, Milonas and Rosenberger, JJ.
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 Annual Report of Ulticom, Inc. (the "Company") on Form
10-K for the period ended January 31, 2005 (the "Report"), I, Shawn K. Osborne,
President and Chief Executive Officer of the Company and I, Mark A. Kissman,
Vice President and Chief Financial Officer of the Company, each certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to our knowledge:

     (1)  the Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934, as amended; 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/ Shawn K. Osborne
                                                  ------------------------------
                                                  Shawn K. Osborne
                                                  President and CEO
                                                  Principal Executive Officer
                                                  April 15, 2005

                                                  /s/ Mark A. Kissman
                                                  ------------------------------
                                                  Mark A. Kissman
                                                  Vice President and CFO
                                                  Principal Financial Officer
                                                  April 15, 2005

This certification accompanies this Report on Form 10-K pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required
by such Act, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such
certification will not be deemed to be incorporated by reference into any filing
under the Securities Act of 1933, as amended, or the Exchange Act, except to the
extent that the Company specifically incorporates it by reference.
[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Notices]
[Page 19641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10950]



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


DEPARTMENT OF LABOR

Haggar Clothing Company; Amended Certification Regarding 
Eligibility To Apply for Worker Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273) the Department of Labor issued a Notice of Certification 
Regarding Eligibility to Apply for Worker Adjustment Assistance on May 
11, 1995, applicable to all workers of Haggar Clothing Company, 
Robstown Manufacturing Company, located in Robstown, Texas. The notice 
was published in the Federal Register on May 25, 1995 (60 FR 27793). 
The worker certification was amended June 20, 1995, to show that some 
of the Robstown workers had their unemployment insurance (UI) taxes 
paid to Greenville Pant Manufacturing Company. The amended notice was 
published in the Federal Register on June 29, 1995, (60 FR 33850).
    At the request of the company, the Department reviewed the 
certification for workers of the subject firm. New findings show that 
worker separations have occurred at other production facilities of the 
subject firm, Edinburg Manufacturing Company, a/k/a Waxahachie Garment 
Company, Edinburg, Texas, and Weslaco Manufacturing Company, a/k/a 
Bowie Manufacturing Company, Weslaco, Texas. The workers at the 
Edinburg plant produce men's pants, and the workers in Weslaco are 
engaged in employment related to the production of men's pants and 
coats.
    The intent of the Department's certification is to include all 
workers of the Haggar Clothing Company who were adversely affected by 
increased imports. Accordingly, the Department is amending the 
certification to include all workers of Haggar Clothing Company 
production facilities in Edinburg and Weslaco, Texas.
    The amended notice applicable to TA-W-30,850 is hereby issued as 
follows:

    All workers of Haggar Clothing Company, Robstown Manufacturing 
Company, a/k/a Greenville Pant Manufacturing Company, Robstown, 
Texas (TA-W-30,850); Edinburg Manufacturing Company, a/k/a 
Waxahachie Garment Company, Edinburg, Texas (TA-W-30,850A); and 
Weslaco Manufacturing Company, a/k/a Bowie Manufacturing Company, 
Weslaco, Texas (TA-W-30,850B) who became totally or partially 
separated from employment on or after March 16, 1994 are eligible to 
apply for adjustment assistance under Section 223 of the Trade Act 
of 1974.

    Signed at Washington, D.C. this 19th day of April 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-10950 Filed 5-1-96; 8:45 am]
BILLING CODE 4510-30-M
[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Notices]
[Page 20537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11353]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Library of Medicine; Notice of Meeting of the Literature 
Selection Technical Review Committee

    Pursuant to Pub. L. 92-463, notice is hereby given of a meeting of 
the Literature Selection Technical Review Committee, National Library 
of Medicine, on June 13-14, 1996, convening at 9 a.m. on June 13 and at 
8:30 a.m. on June 14 in the Board Room of the National Library of 
Medicine, Building 38, 8600 Rockville Pike, Bethesda, Maryland.
    The meeting on June 13 will be open to the public from 9 a.m. to 
approximately 10:30 a.m. for the discussion of administrative reports 
and program developments. Attendance by the public will be limited to 
space available. Individuals who plan to attend and need special 
assistance, such as sign language interpretation or other reasonable 
accommodations, should contact Mrs. Lois Ann Colaianni at 301-496-6921 
two weeks before the meeting.
    In accordance with provisions set forth in sec. 552b(c)(9)(B), 
Title 5, U.S.C., Pub. L. 92-463, the meeting will be closed on June 13 
from 10:30 a.m. to approximately 5 p.m. and on June 14 from 8:30 a.m. 
to adjournment for the review and discussion of individual journals as 
potential titles to be indexed by the National Library of Medicine.
    The presence of individuals associated with these publications 
could hinder fair and open discussion and evaluation of individual 
journals by the Committee members.
    Mrs. Lois Ann Colaianni, Scientific Review Administrator of the 
Committee, and Associate Director, Library Operations, National Library 
of Medicine, 8600 Rockville Pike, Bethesda, Maryland 20894, telephone 
number: 301-496-6921, will provide a summary of the meeting, rosters of 
the committee members, and other information pertaining to the meeting.

    Dated: May 1, 1996.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 96-11353 Filed 5-6-96; 8:45 am]
BILLING CODE 4140-01-M
Certification Pursuant to
                        1850 USC, Section 1350,
                        As Adopted Pursuant To
           Section 302 of the Sarbanes Oxley Act of 2002

I, Willis Hale, certify that:

         1. I have reviewed the quarterly report on Form 10-Q of Peer
Review Mediation and Arbitration, Inc.;

         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 officers 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))
and internal controls over financial reporting (as defined in Exchange
Act Rules 13a-15(f) and 15d-15(f)) 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 as of a date within 90 days prior to the filing
date of this report (the "Evaluation Date"); 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 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 officers and I have
disclosed, based on our most recent evaluation, to the registrant's
auditors and the audit committee of 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 controls over financial reporting.

Date: August 22, 2011              /s/Willis Hale
                                   ----------------------------
                                   Willis Hale
                                   Chief Executive Officer
II 

Calendar No. 460 

118TH CONGRESS 

2D SESSION H. R. 5476 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2024 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AUGUST 1, 2024 

Reported by Mr. PETERS, without amendment 

AN ACT 

To designate the facility of the United States Postal Service 

located at 1077 River Road, Suite 1, in Washington 

Crossing, Pennsylvania, as the ‘‘Susan C. Barnhart 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. SUSAN C. BARNHART POST OFFICE. 

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

5 Postal Service located at 1077 River Road, Suite 1, in 

6 Washington Crossing, Pennsylvania, shall be known and 

7 designated as the ‘‘Susan C. Barnhart Post Office’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 5476 RS

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 ‘‘Susan C. Barnhart 

5 Post Office’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB

kjohnson on DSK7ZCZBW3PROD with $$_JOB
Calendar No. 460 

118TH CONGRESS 

2D SESSION H. R. 5476 

AN ACT 

To designate the facility of the United States Post-

‘‘Susan C. Barnhart Post Office’’. in Washington Crossing, Pennsylvania, as the al Service located at 1077 River Road, Suite 1, 

AUGUST 1, 2024 

Reported without amendment 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
IN THE SUPREME COURT OF THE STATE OF DELAWARE

PETER R. BRINCKERHOFF, §

TRUSTEE OF THE PETER R. §

BRINCKERHOFF REV. TR. U/A § No. 534 , 2017

DTD 10/17/97, on behalf of all others §

similarly situated, § Court Below: Court of Chancery

§ of the State of Delaware

Plaintiff Below, §

Appellant, § C.A. No. 2017

- 0313

- JTL

§

v. §

§

KINDER MORGAN, INC., KINDER §

MORGAN ENERGY PARTNERS, §

L.P., RICHARD KINDER, STEVEN J. §

KEAN, RONALD L. KUEHN, JR., §

ARTHUR C. REICHSTETTER, and §

WILLIAM A. SMITH, §

§

Defendant s Below, §

Appellee s

. §

§

Submitted: June 6, 2018

Decided: June 8 , 2018

Before STRINE , Chief Justice; VALIHURA

, VAUGHN

, and TRAYNOR

, Justices; and RENNIE , Judge 1 constituting the Court en Banc

.

O R D E R

This 8th day of June 2018

, we affirm the judgment of the Court of Chancery

on the basis of its order dated November 14, 2017

. 2

1 Sitting by designation under Del. Const. art. IV § 12.

2 In re Brinckerhoff v. Kinder Morgan, In c. , 2017 WL 5483730 (Del.Ch. Nov. 14, 2017).2

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of

Chancery is hereby AFFIRMED.

BY THE COURT:

/s/ Leo E. Strine, Jr.

Chief Justice
#### BELTON GRAIN COMPANY, Appellant, v. The SMOKY HILL RAILWAY & HISTORICAL SOCIETY, INC., Respondent.

No. WD 49651.

Missouri Court of Appeals, Western District.

Jan. 10, 1995.

Charles Edward Weedman, Jr., Harrison-ville, for appellant.

Lynn K. Ballew, Harrisonville, for respondent.

Before FENNER, C.J., P.J., and HANNA and LAURA DENVER STITH, JJ.

*ORDER*

PER CURIAM.

Appeal from judgment of the trial court dismissing Petition for Declaratory Judgment.

Judgment affirmed. Rule 84.16(b).
#### Alphonso LORA, Appellant, v. STATE of Missouri, Respondent.

No. WD 46387.

Missouri Court of Appeals, Western District.

Jan. 19, 1993.

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

*595William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Kansas City, for respondent.

Before BRECKENRIDGE, P.J., and SHANGLER and SPINDEN, JJ.

ORDER

PER CURIAM:

Appeal from the denial of a Rule 24.035 motion for post-conviction relief.

Affirmed. Rule 84.16(b).