alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

August 12, 1998

Cecil W. Crowson

Appellate Court Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

APRIL 1998 SESSION

STATE OF TENNESSEE, * C.C.A. NO. 01C01-9704-CC-00158 

APPELLEE, * DAVIDSON COUNTY

VS. * Hon. Thomas H. Shriver, Judge

JAMES C. NICHOLS, * (First Degree Murder) 

APPELLANT.

CONCURRING OPINION

I concur in the result reached in this case; I write separately only to

address the parole eligibility jury instruction. In State v. King, ____ S.W.2d ____

(Tenn. 1998), our supreme court ruled that the charge on parole eligibility and early

release was acceptable for the primary reason that the jury was provided the

instruction on an "information only" basis. The charge in this instance is

distinguishable because the jury was directed to "weigh and consider the meaning of

a sentence of imprisonment" and then advised of release eligibility for each offense. 

In my opinion, when the duty of the jury is to determine only whether the defendant

is guilty beyond a reasonable doubt, an instruction requiring consideration of release

eligibility violates due process. As Judge Joe G. Riley wrote in State v. Jason M.

Weiskopf, No. 02C01-9611-CR-00381, slip op. at 9 (Tenn. Crim. App., at Jackson,

Feb. 4, 1998), app. filed by state, May 6, 1998, it "allows consideration of

extraneous information, not adduced as proof [at trial], that in no way relates to [the]

determination of guilt or innocence." 

Here, the jury was instructed to "weigh and consider" that the earliest

release eligibility for second degree murder was 2.95 years; for voluntary
manslaughter, 0.59 years; for reckless homicide, 0.39 years; and for criminally

negligent homicide, 0.2 years. If the proof of premeditation had not been

overwhelming, the error could not have been classified as harmless beyond a

reasonable doubt. Yet, several witnesses testified to prior threats the defendant had

made to the victim. The autopsy report indicated a tremendous amount of force

would be required to cause the types of injuries the victim sustained. Forensic

evidence suggested two of the knives had been washed after the stabbing. Under

those circumstances, I would conclude that the instruction did not affect the verdict.

__________________________________

Gary R. Wade, Judge
#### Willie MILLER, Appellant, v. STATE of Missouri, Respondent.

No. 66330.

Missouri Court of Appeals, Eastern District, Division One.

June 13, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 27, 1995.

Application to Transfer Denied Sept. 19, 1995.

David C. Hemingway, Asst. Public Defender, St. Louis, for appellant.

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

Before GRIMM, C.J., REINHARD, P.J., and CRAHAN, J.

*ORDER*

PER CURIAM.

Defendant appeals from an order denying his Rule 24.035 motion after an evidentiary hearing ordered by this court in *Miller v. State,*869 S.W.2d 278 (Mo.App.1994).

We have reviewed the briefs of the parties and the record on appeal and find that the judgment of the motion court is not clearly erroneous. No jurisprudential purpose would be served by a written opinion. The judgment is affirmed in accordance with Rule 84.16(b).
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report On Form 10-QSB of Edmonds
5, Inc. for the quarter ending January 31, 2005, I, Richard Neussler, Chief
Executive Officer and Chief Financial Officer of Edmonds 5, Inc. hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     1.   Such Quarterly Report on Form 10-QSB for the quarter ending January
          31, 2005, 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 such Quarterly Report on Form 10-QSB for
          the quarter ending January 31, 2005, fairly presents, in all material
          respects, the financial condition and results of operations of
          Edmonds 5, Inc.

Dated:  March 17, 2005

EDMONDS 5, INC.

By: /s/ Richard Neussler
-------------------------------------
Chief Executive Officer and
Chief Financial Officer
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in the Registration Statements on Form S-8
(Nos. 333-30024, 333-34810, 333-39456, 333-108065, 333-133870, 333-133871), Form S-3
(No. 333-138600) and Form S-4 (No. 333-131541) of EarthLink, Inc. and in the related Prospectuses of our reports dated
February 26, 2010, with respect to the consolidated financial statements of EarthLink, Inc. and the effectiveness of internal control over financial reporting of EarthLink, Inc.
included in this Annual Report (Form 10-K) for the year ended December 31, 2009.



Atlanta,
Georgia
February 26, 2010

---



QuickLinks
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5426 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 5426

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2024

 Received; read twice and referred to the Committee on Small Business 
                          and Entrepreneurship

_______________________________________________________________________

                                 AN ACT

 
 To require the Administrator of the Small Business Administration to 
 provide a link to resources for submitting reports on suspected fraud 
                  relating to certain COVID-19 loans.

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

SECTION 1. WEBSITE TO REPORT FRAUD RELATING TO CERTAIN COVID-19 LOANS.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of the Small Business 
Administration shall include on the primary website of the 
Administration a link to a website of the Office of the Inspector 
General of the Small Business Administration regarding reporting fraud, 
waste, abuse, mismanagement, and misconduct, and containing a resource 
for individuals to report suspected cases of fraud with respect to a 
covered loan to the Administration.
    (b) Covered Loan Defined.--In this section, the term ``covered 
loan'' means--
            (1) a loan made under paragraph (36) or (37) of section 
        7(a) of the Small Business Act (15 U.S.C. 636(a)); or
            (2) a loan made under section 7(b) of such Act (15 U.S.C. 
        636(b)) in response to COVID-19 during the covered period (as 
        defined in section 1110(a) of the CARES Act (15 U.S.C. 9009)).

            Passed the House of Representatives February 29, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
```
#### STATE of Missouri, Respondent, v. Keith Eugene ROBERTS, Appellant.

No. WD 42083.

Missouri Court of Appeals, Western District.

April 24, 1990.

Rehearing Denied May 29, 1990.

Dan K. Purdy, Osceola, for appellant.

William L. Webster, Atty. Gen., Robert P. Sass, Asst. Atty. Gen., Jefferson City, for respondent.

Before ULRICH, J.P., and SHANGLER and TURNAGE, JJ.

ORDER

PER CURIAM:

Keith E. Roberts was convicted by a jury of selling methamphetamine (§ 195.020, RSMo 1986). Judgment was entered pursuant to the verdict and he was sentenced *756to five years incarceration. The judgment is affirmed. Rule 30.25(b).
I 

118TH CONGRESS 

1ST SESSION H. R. 5714 

To require the Comptroller General of the United States to report on the 

country of origin of end items and components procured by the Department of Defense, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2023 

Mr. KHANNA introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To require the Comptroller General of the United States 

to report on the country of origin of end items and 

components procured by the Department of Defense, and 

for other purposes. 

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

3 SECTION 1. COMPTROLLER GENERAL STUDY AND REPORT 

4 ON COUNTRY OF ORIGIN OF END ITEMS AND 

5 COMPONENTS PROCURED BY DEPARTMENT 

6 OF DEFENSE. 

7 (a) STUDY.—The Comptroller General of the United 

8 States shall conduct a study to identify the degree to 


dmwilson on DSKJM0X7X2PROD with BILLS
2 

•HR 5714 IH

1 which the Department of Defense is dependent on entities 

2 located in foreign countries for the procurement of end 

3 items and components. 

4 (b) REPORT AND BRIEFING.— 

5 (1) IN GENERAL.—Not later than July 31, 

6 2024, the Comptroller General shall submit to the 

7 Committees on Armed Services of the Senate and 

8 the House of Representatives a report, and provide 

9 a briefing to such committees, on the findings of the 

10 study described in subsection (a). 

11 (2) ELEMENTS.—The report described in para12 graph (1) shall contain the following: 

13 (A) A description of the extent to which 

14 the procurement processes of the Department 

15 of Defense do not require a determination of 

16 the country of origin of end items and compo17 nents. 

18 (B) Descriptions of supply chain risk for 

19 end items and components procured from coun20 tries other than ally or partner countries. 

21 (C) A description of any Department of 

22 Defense plans to mitigate supply chain risks, 

23 such as plans for alternative supply chains or 

24 alternative countries from which to procure end 

25 items and components. 


dmwilson on DSKJM0X7X2PROD with BILLS
3 

•HR 5714 IH

1 (c) DEFINITIONS.—In this section: 

2 (1) The term ‘‘component’’ has the meaning 

3 given the term in section 3011 of title 10, United 

4 States Code. 

5 (2) The term ‘‘end item’’ has the meaning given 

6 the term in section 4863(m) of title 10, United 

7 States Code. 

Æ 


dmwilson on DSKJM0X7X2PROD with BILLS
<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>                         0001103078
<NAME>                        WASATCH WEB ADVISORS, INC.

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>               DEC-31-2001
<PERIOD-START>                  JAN-01-2000
<PERIOD-END>                    DEC-31-2000
<CASH>                          20,293
<SECURITIES>                    0
<RECEIVABLES>                   0
<ALLOWANCES>                    0
<INVENTORY>                     0
<CURRENT-ASSETS>                20,293
<PP&E>                          4,003
<DEPRECIATION>                  1,243
<TOTAL-ASSETS>                  2,760
<CURRENT-LIABILITIES>           100
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        11,429
<OTHER-SE>                     (11,524)
<TOTAL-LIABILITY-AND-EQUITY>    0
<SALES>                         3,217
<TOTAL-REVENUES>                3,217
<CGS>                           140
<TOTAL-COSTS>                   0
<OTHER-EXPENSES>                9,941
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              0
<INCOME-PRETAX>                (6,864)
<INCOME-TAX>                    100
<INCOME-CONTINUING>             0
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                   (6,964)
<EPS-BASIC>                    (.01)
<EPS-DILUTED>                  (.01)


</TABLE>
EXHIBIT 32.1


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


     In connection  with the  Quarterly  Report of W. S.  INDUSTRIES,  INC. (the
"COMPANY")  on Form 10-Q for the period  ending  February 28, 2009 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "REPORT"),  I,
James F. Dempsey,  President and Chief Executive Officer,  respectively,  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 to my  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.


Date:  April 13, 2009
                                 By: /s/ JAMES   F. DEMPSEY
                                     _____________________________
                                         James F. Dempsey
                                         Chief Executive Officer
---

---

Exhibit 32.1



CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of PremierWest Bancorp (the "Company") on Form 10-K for the year ending December 31, 2005, as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, John L. Anhorn, the President and 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:

|
|
|
|
|
|

This certification is being furnished solely to comply with the requirements of 18 U.S.C. Section 1350, and shall not be incorporated by reference into any of the Company's filings under the Securities Act of 1933 or the
Securities Exchange Act of 1934, or otherwise be deemed to be filed as part of the Report or under such Acts.

|Date: March 10, 2006 |  | /s/ JOHN L. ANHORN                   
|-------------------- |  | -------------------------------------
|                     |  | John L. Anhorn                       
|                     |  | President and Chief Executive Officer

---

---
Exhibit
10.17


AMENDMENT
TO

EMPLOYMENT AGREEMENT


This Amendment to the
Employment Agreement by and between Rafaella Apparel Group, Inc. (the
“Company”) and Nichole Voterwas (the “Employee”) dated as of May 1, 2006 (the
“Employment Agreement”) is entered into this 20th day of June, 2006 by and
between the Company and the Employee. 
All capitalized terms used herein and not otherwise defined herein shall
have the same meanings ascribed to them in the Employment Agreement.


WHEREAS, pursuant to the
Employment Agreement, the Employment Agreement may be amended only by a written
instrument executed by the Company and the Employee; and


WHEREAS, the Company and
the Employee desire to amend the Employment Agreement effective June 20, 2006.


NOW, THEREFORE, in
consideration of the premises contained herein and for other good and valuable
consideration, the receipt of which is mutually acknowledged, the Employee and
the Company agree as follows:


1.                                       The second sentence of Section 2.1 of the
Employment Agreement is deleted and replaced in its entirety, effective as of
June 20, 2006, as follows:


                                                “The Employee shall serve in the capacity
of Executive Vice President Sourcing and Production of the Company, and shall
report to the Chief Executive Officer of the Company (the “CEO”).”


2.                                       The first sentence of Section 2.2 of the
Employment Agreement is deleted and replaced in its entirety, effective as of
June 20, 2006, as follows:


                                                “The Employee will have such authority
and responsibilities and will perform such duties customarily performed by an
executive vice president sourcing and production of a company in similar lines
of business as the Company and its subsidiaries or as may be assigned to the
Employee by the CEO.”


3.                                       The Employment Agreement, except as set
forth above, shall remain in full force and effect in all other respects.


	
  Accepted and Agreed:

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  RAFAELLA APPAREL GROUP, INC.

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  /s/ NICHOLE
  VOTERWAS

  	
   

  	
  By:

  	
   

  	
  /s/ CHRISTA
  MICHALAROS

  
	
  Signature of Employee

  	
   

  	
  Name:

  	
   

  	
  Christa Michalaros

  
	
   

  	
   

  	
  Title:

  	
   

  	
  Chief Executive Officer
EXHIBIT
32.1





CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the Quarterly Report of China Infrastructure Investment Corp.
(the “Company”) on Form 10-Q for the period ended September 30, 2010 as filed
with the U.S. Securities and Exchange Commission on the date hereof (the
“Report”), the undersigned hereby certifies pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to
his knowledge:




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




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




Date:
November 15, 2010




/s/   Li
      XipengName:
      Li XipengTitle:
      Chief Executive Officer, Principal Executive Officer andChairman
      of the Board
[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Notices]
[Page 19025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9269]



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

DEPARTMENT OF COMMERCE
[I.D. 041095C]


Gulf of Mexico Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The Gulf of Mexico Fishery Management Council will convene a 
public meeting of its Reef Fish and Red Snapper Advisory Panels (AP) on 
May 1, 1995, from 1:00 p.m. to 5:00 p.m. and May 2, 1995, from 8:00 
a.m. to 3:00 p.m. The APs will meet jointly to review Draft Amendment 
11 to the Reef Fish Fishery Management Plan (FMP).

ADDRESSES: The meeting will be held at the Radisson Bay Harbor Inn, 
7700 Courtney Campbell Causeway, Tampa, FL 33607; telephone: (813) 281-
8900.

FOR FURTHER INFORMATION CONTACT: Steven M. Atran, Gulf of Mexico 
Fishery Management Council, 5401 West Kennedy Boulevard, Suite 331, 
Tampa, Florida 33609; telephone: 813-228-2815.

SUPPLEMENTARY INFORMATION: Issues that will be addressed in the FMP 
include: Proposed modifications of the framework procedure for 
specifying total allowable catch including changes in procedures, the 
definition of optimum yield, and the criteria for specifying the length 
of a stock recovery program for overfished reef fish species; 
permitting issues including dealer and vessel permit conditions, 
transferability of vessel permits and fish trap endorsements, 
implementation of a new vessel permit moratorium for the fishery, and 
permits for charter and head boats; allowing hook-and-line harvest of 
reef fish by shrimp vessels; enforcement issues including definitions 
of bait and of fish for personal consumption that are exempt from the 
head and tails attached requirement, dealer transport requirements 
during transfer from vessel to fish house, and allowance of 
recreational bag limits of red snapper on commercial vessels during 
commercial closures; changes to amberjack size and bag limits and a 
commercial seasonal amberjack closure; changes to gag/black grouper and 
red snapper size limits; an aggregate recreational bag limit for reef 
fish. A copy of the agenda can be obtained by calling 813-228-2815.
    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Julie Krebs at the above address 
by April 24, 1995.

    Dated: April 10, 1995.
Alfred J. Bilik,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-9269 Filed 4-13-95; 8:45 am]
BILLING CODE 3510-22-F
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 7635** 

RICKY D. NELSON , Plaintiff

- Appellant ,

v. KAREN D. BROWN, Chairman of the Parole Board of Virginia “DOC”; HAROLD W. CLARKE, Director of VDOC , Defendants

- Appellees

.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk

. Arenda L. Wright Allen , District Judge. ( 2:15

- cv - 00285

- AWA

- LRL )

Submitted : February 17, 2016 Decided: February 24, 2016

Before NIEMEYER, GREGORY, and DIAZ , Circuit Judges.

Dismissed and remanded by un published per curiam opinion

.
Ricky D. Nelson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Ricky D. Nelson seeks to appeal the district court’s order dismissing his complaint without prejudice to his right to file a petition for a writ of habeas corpus or an amended complaint

. This court may exercise jurisdiction only over final orders of the district court , 28 U.S.C. § 1291 (20 1 2 ), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (20 12 ); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 , 545

- 46 (1949). The order Nelson seeks to appeal is neither a final order nor an appealable interlocut ory or collateral order. See Goode v. Central Va. Legal Aid , 807 F.3d 619 (4th Cir. 2015). Accordingly, we deny Nelson’s motion to appoint counsel, dismiss the appeal for lack of jurisdiction , and remand the case to the district court with instructions t o allow Nelson to file an amended complaint or petition . We dispense with oral argument because the facts and legal contentions are adequately prese nted in the materials before
this court and argument would not aid the decisional process.

DISMISSED AND R EMANDED
<PAGE>
                                                                    Exhibit 23.2

                                   Law Offices
                                 ALLAN M. LERNER
                           A Professional Association

                                                      Telephone: (954)563-8111
2888 East Oakland Park Boulevard                      Facsimile: (954)563-8522
Fort Lauderdale, Florida 33306                        EMAIL: amlrwp@aol.com

                                 April 16, 2002

Mr. James R. Pledger
President
DAC Technologies Group International, Inc.
1601 Westpark Drive
Suite 4-C
Little Rock, Arkansas 72204

RE:       FILING OF FORM 10K-SB FOR DAC TECHNOLOGIES GROUP INTERNATIONAL, INC.

Dear Mr. Pledger:

This opinion is submitted pursuant to applicable rules of the Securities and
Exchange Commission with respect to the filing of Form 10K-SB for DAC
Technologies Group International, Inc. (the "Company"), (hereinafter "DAC").

In my capacity as securities counsel to the Company., I have examined the
original, certified, conformed, or other copies of the Company's Certificate of
Incorporation, Bylaws provided to me by DAC Technologies Group International,
Inc. In all such examinations, I have assumed the genuineness of all signatures
on original documents, and the conformity to originals or certified documents of
all copies submitted to me as conformed, photostat or other copies. In passing
upon certain corporate records and documents of DAC, I have necessarily assumed
the correctness and completeness of the statements made or included therein by
DAC, and I express no opinion thereon. Based upon and in reliance of the
foregoing, I hereby consent to the use of this opinion in the Form 10K-SB to be
filed with the Commission.


                                       Allan M. Lerner, P.A.