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

iVISO S

II

2714 Ji.IN 24 AH 9: 06

IN THE COURT OF APPEALS OF THE STATE OF WASHINGT

DIVISION II

STATE OF WASHINGTON, No. 44439 -9 -II

Respondent, 

v. 

JESSE L. SPENCER, 

Appellant. 

UNPUBLISHED OPINION

MAXA, J. — Jesse Spencer appeals from the judgment and sentence imposed following his

conviction for unlawful possession of a machine gun.' He argues that: ( 1) he received

ineffective assistance of counsel when his counsel requested and received a jury instruction on

unwitting possession, ( 2) the trial court erred in instructing the jury on unanimity, and ( 3) the

trial court erred in finding that he had the ability to pay legal financial obligations. 

The State concedes that Spencer received ineffective assistance of counsel because the

unwitting possession instruction shifted the burden of proof to Spencer. State v. Carter, 127 Wn. 

App. 713, 717 -18, 112 P. 3d 561 ( 2005). We accept the State' s concession, reverse Spencer' s

conviction for unlawful possession of a machine gun, and remand to the trial court for further

proceedings. Because we reverse on the first issue, we need not address Spencer' s second and

third issues. 

1 Spencer does not appeal from his conviction for bail jumping. 

1
A majority of the panel having determined that this opinion will not be printed in the

Washington Appellate Reports, but will be filed for public record in accordance with RCW

2.06. 040, it is so ordered. 

We concur: 

UNT, 

N, A.G.J. 

2
**Exhibit 31.1**

 

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**

 

IJason Macari, certify that:

 

1.     I have reviewedthis Quarterly Report on Form 10-Q of Summer Infant, Inc.

 

2.     Based on myknowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which statements were made, notmisleading with respect to the period covered by this report.

 

3.     Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material aspects the financialconditions, results of operations and cash flows of the issuer as of, and for,the periods presented in this report.

 

4.     The issuer’sother certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined inExchange Act Rules 13a-15(f) and 15d-15(f) for the issuer andhave:

 

a)     Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the issuer is made known to us by others within thecompany, particularly during the period in which this report is being prepared;

 

b)    Designed such internalcontrol over financial reporting, or caused such internal control overfinancial reporting to be designed under our supervision, to provide reasonableassurance regarding the reliability of financial reporting and the preparationof financial statements for external purposes in accordance with generallyaccepted accounting principles;

 

c)     Evaluated theeffectiveness of the issuer’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this reportbased on such evaluation; and

 

d)    Disclosed in this report anychange in the issuer’s internal control over financial reporting that occurredduring the issuer’s most recent fiscal quarter that has materially affected, oris reasonably likely to materially affect, the internal control over financialreporting.

 

5.     The issuer’sother certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the issuer’sauditors and the audit committee of the board of directors:

 

a)     All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the issuer’s ability to record, process, summarize and report financialinformation, and;

 

b)    Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the issuer’s internal control over financial reporting.

 

 
| /s/  Jason Macari |   |                   |
|-------------------|--------|------------------------|
| Jason  Macari     |   | November 12, 2009 |

 

----
exv10w2



 





Exhibit 10.2




FAMOUS DAVE’S OF AMERICA, INC.




AMENDMENT TO

1995 EMPLOYEE STOCK OPTION AND COMPENSATION PLAN




     THIS AMENDMENT TO THE 1995 STOCK OPTION AND COMPENSATION PLAN (the “Amendment”) amends the
1995 Stock Option and Compensation Plan (the “Plan”) of Famous Dave’s of America, Inc. (the
“Company”). Except as otherwise explicitly set forth herein, all provisions of the Plan shall
remain in full force and effect. Capitalized terms used in this Amendment without definition shall
have the meanings set forth in the Plan.



     1. Amendment to Withholding. Section 11.8 of the 1995 Employee Stock Option and
Compensation Plan is hereby amended to read in its entirety as follows:



          11.8. Withholding.





     (a) The Company shall have the right to withhold from any payments made
under the Plan or to collect as a condition of payment, any taxes required
by law to be withheld. At any time when a participant is required to pay to
the Company an amount required to be withheld under applicable income tax
laws in connection with a distribution of Common Stock or upon exercise of
an option or SAR, the participant may satisfy this obligation in whole or in
part by electing (the “Election”) to have the Company withhold from the
distribution shares of Common Stock having a value up to the minimum amount
of withholding taxes required to be collected on the transaction. The value
of the shares to be withheld shall be based on the Fair Market Value of the
Common Stock on the date that the amount of tax to be withheld shall be
determined (“Tax Date”).




     (b) Each Election must be made prior to the Tax Date. The Committee may
disapprove of any Election, may suspend or terminate the right to make
Elections, or may provide with respect to any Incentive that the right to
make Elections shall not apply to such Incentive. An Election is
irrevocable.



     2. Effective Date. This Amendment is effective upon approval by the Board of
Directors of the Company on November 7, 2006.



     IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by the undersigned
officer, thereunto duly authorized pursuant to the resolutions of the Board of Directors.



	 	 	 	 	 
	 	FAMOUS DAVE’S OF AMERICA, INC.

 	 
	 	By:  	/s/ Diana Garvis Purcel
 	 
	 	 	Diana Garvis Purcel 	 
	 	 	Chief Financial Officer and Secretary
J.E.  CHARLESWORTH                                          THOMAS  J.  BOYCHUK
1075  Duchess  Avenue                                   2304  West  5th  Avenue
West  Vancouver,  B.C.  V7T  1G8                     Vancouver,  B.C.  V6K  1S5

August  25,  1999

Glen  Dickson  and
Paul  Dickson
1409  -  675  West  Hastings  Street
Vancouver,  B.C.  V6B  1N2

Dear  Sirs:

Re:     Acquisition  of  Quotes  Canada  Financial  Network  Ltd.
       (the  "Acquisition")  by  Carta  Resources  Ltd.  (the  "Company")

With respect to the acquisition of Quotes Canada Financial Network Ltd. by Carta
Resources  Ltd.,  this  is  to confirm that J.E. Charlesworth and Thomas Boychuk
shall,  for  a  period  of three years following the closing of the Acquisition,
vote  their respective shares in the capital of the Company in a manner which is
consistent  with  the  following  terms:

(a)     that  Paul  Dickson  and Glen Dickson shall be appointed to the board of
directors  of  the  Company;

(b)     that  the  Company  shall  enter  into  employment  agreements with Paul
Dickson  and  Glen  Dickson for a minimum period of two years at a salary of not
less  than  $2,500  per  month;

(c)     that  incentive  stock options shall be granted to Paul Dickson and Glen
Dickson  from  time  to time entitling each of them to purchase not less than 4%
(or  such lower percentage as may be accepted by Paul Dickson and Glen Dickson),
of  the issued shares in the capital of the Company at a minimum price permitted
by  the  Vancouver  Stock  Exchange  for  a  period  of  five  years.


J.E.  CHARLESWORTH          THOMAS  J.  BOYCHUK
#### In the Interest of M.R., a Minor Child.

No. 67749.

Missouri Court of Appeals, Eastern District, Division One.

Feb. 27, 1996.

Michael G. Schappe, O’Fallon, for appellant.

John J. Smith, Legal Counsel for Juvenile Officer, St. Charles, for respondent.

Elizabeth Walker Swann, Swann & Hendrix, O’Fallon, guardian ad litem.

Before REINHARD, P.J., and KAROHL and GRIMM, JJ.

PER CURIAM.

Mother appeals the circuit court’s judgment terminating her parental rights to her minor child. She contends there was no clear, cogent, and convincing evidence that at least one of the statutory grounds for termination exists. We disagree.

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 is affirmed pursuant to Rule 84.16(b).
EXHIBIT 32.1

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

with Respect to the Quarterly Report on Form 10-Q

for the Quarter Ended March 31, 2007

of WorldSpace, Inc.

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, chapter 63 of title 18,
United States Code), the undersigned officer of WorldSpace, Inc., a Delaware corporation (the Company), does hereby certify, to the best of such officers knowledge, that:

1. The Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2007 (the Form 10-Q) fully
complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and

2. Information
contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |                                                               
|------------------ |  | --------------------------------------------------------------
|Date: May 14, 2007 |  | /s/    NOAH A.
SAMARA                                         
|                   |  | Noah A. Samara Chairman, Chief Executive Officer and President

The certification set forth above is being furnished as an Exhibit solely pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Form 10-Q or as a separate disclosure document of the Company or the certifying officers.
Exhibit 4.5
                             CERTIFICATE OF TRUST

                                      OF

                         INGERSOLL-RAND FINANCING III


                 THIS Certificate of Trust of Ingersoll-Rand Financing III
(the "Trust"), dated as of November 2, 2000, is being duly executed and
filed by the undersigned, as trustees, to form a business trust under the
Delaware Business Trust Act (12 Del. C. Section 3801, et seq.).

                 1.       Name.  The name of the business trust formed hereby
is Ingersoll-Rand Financing III.

                 2.       Delaware Trustee.  The name and business address of
the trustee of the Trust in the State of Delaware are Mark A. Ferrucci, c/o
The Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware
19801.

                 3.       Effective Date.  This Certificate of Trust shall be
effective upon filing.

                 4.       Counterparts.  This Certificate of Trust may be
executed in one or more counterparts.

                 IN WITNESS WHEREOF, the undersigned, being all the trustees
of the Trust, have executed this Certificate of Trust as of the date first-
above written.


NANCY CASABLANCA,                  MARK A. FERRUCCI,
not in her individual capacity     not in his individual capacity
but solely as trustee               but solely as trustee

/s/ Nancy Casablanca               /s/ Mark A. Ferrucci




RONALD G. HELLER,                  PATRICIA NACHTIGAL,
not in his individual capacity     not in her individual capacity
but solely as trustee              but solely as trustee

/s/ Ronald G. Heller               /s/ Patricia Nachtigal
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No s . 1D 16

- 3644 1D16

- 3646

_____________________________
N AIM S TEWART , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Gadsden County

. Barbara K. Hobbs , Judge

. February 5, 2019

P ER C URIAM

.

In th ese Anders * appeal s , we affirm the order s revoking Appellant’s probation and imposing sentence. However, we remand for correction of the written order s of revocation to specify the conditions Appellant was found to have violated. See Davis v. State
, 218 So. 3d 507 (Fla. 1st DCA 2017 ) (affirming revocation of probation in Anders appeal but remanding for court to enter written revocation order specifying condition s of probation violated)

. Appellant need not be present. See Williams v. State
, 145 So. 3d 984 (Fla. 1st DCA 2014).

* Anders v. California , 386 U.S. 738 (1967).2 A FFIRMED and R EMA NDED

.

R OBERTS , W ETHERELL , and M AKAR , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Candice K. Brower, Criminal Conflict & Civil Regional Counsel, Michael J. Titus, Assistant Regional Conflict Counsel, Tallahassee
, for Appellant.

Ashley B. Moody
, Attorney General, Tallahassee, for Appellee.
NOTE             Exhibit 10.28

$19,000                                                Date: October 30, 2000


     FOR  VALUE  RECEIVED,   Archer  Systems  Limited,   Inc.,  the  undersigned
("Payor"),  hereby  promises  to  pay  to  the  order  of  Deborah  Shapiro,  an
individual,  ("Holder"), the principal amount of $19,000.00, payable twenty four
(24) months after the date first set forth above.  The  principal  amount hereof
from time to time  outstanding  shall bear  interest  at the rate of six percent
(6%) per annum,  payable on the date set forth  above.  All  payments  hereunder
shall be in lawful  money of the United  States of America at the address of the
Holder  hereof or at such  address as shall be specified by the Holder to Archer
Systems Limited, Inc.
     If any default shall be made in the payment of interest or principal,  then
the Holder, by written notice to the Payor, may exercise all of its legal rights
to collect  the  balance due unless  within  five (5)  business  days after such
notice the default  shall be cured by Payor.  Such notice  shall be deemed given
three (3) days after having been  deposited in the United  States Mail  properly
addressed  and  sent by  registered  mail to the  particular  addressee,  return
receipt requested.

     Prepayments may be made in this note  voluntarily at any time and from time
to time, without penalty.



                                                 Archer Systems Limited, Inc.


                                                 BY:/s/Walter J. Krzanowski
                                                 --------------------------
                                                       Walter J. Krzanowski
                                                       Secretary/Treasurer


                                        6
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 493 Engrossed in House (EH)]

H. Res. 493

                In the House of Representatives, U. S.,

                                                         June 15, 2009.
Whereas Hillel: The Foundation for Jewish Campus Life was founded at the 
        University of Illinois, Urbana-Champaign in 1923 and has become the 
        world's largest Jewish campus organization, serving Jewish college 
        students on over 500 campuses across the globe;
Whereas Hillel has been an important partner to universities by providing 
        resources, programs, and other forms of support to the entire campus 
        community;
Whereas Hillel has been at the forefront of breaking down discriminatory 
        barriers to students of all backgrounds on college campuses for 85 
        years;
Whereas Hillel has contributed to the Nation's preeminence in science, industry, 
        and the humanities by helping generations of students attain the dream 
        of higher education;
Whereas Hillel has contributed to United States history by providing armed 
        service personnel with counseling prior to World War II, welcoming GIs 
        back to campus following the war, and sponsoring European refugees on 
        campuses during and after the war, including the late Chairman of the 
        House Foreign Affairs Committee Tom Lantos;
Whereas Hillel has educated students about American values and has helped them 
        to provide leadership for social justice causes, including the civil 
        rights movement, the campaign to free Soviet Jewry, the effort to stop 
        the genocide in Darfur, and the promotion of AIDS Awareness and 
        interfaith understanding;
Whereas Hillel has been at the forefront of educating campuses about Israel, an 
        ally of the United States;
Whereas Hillel has helped to provide students with the tools to combat anti-
        Semitism on campus; and
Whereas Hillel continues to contribute enormously to civil society by providing 
        service-learning opportunities for thousands of students in the United 
        States and abroad: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports Hillel's mission of service to Jewish college students 
        and partnership with the campus community; and
            (2) congratulates the students, lay leaders, and professionals of 
        the Hillel movement on reaching its milestone 85th birthday.
            Attest:

                                                                          Clerk.
```
Exhibit 32.1

CERTIFICATIONS PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Rackable Systems, Inc. (the Company) for the
quarter ended March 29, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), Mark J. Barrenechea, Chief Executive Officer of the Company, and Madhu Ranganathan, Chief Financial Officer of the
Company, each hereby certifies, to the best of his or her knowledge, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report, to which this Certification is attached as Exhibit 32.1, 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 of the Company at the end of the period covered by the
Report and results of operations of the Company for the periods covered by the Report.

Dated: May 8, 2008



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|/s/ Mark J. Barrenechea |  |  |  | /s/ Madhu Ranganathan  
|Mark J. Barrenechea     |  |  |  | Madhu Ranganathan      
|CEO and President       |  |  |  | Chief Financial Officer

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the SEC and is not to
be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation
language contained in such filing.
Case 2:18-cr-00071-JJT Document 1 Filed 12/21/17 Page 1 of 3
Case 2:18-cr-00071-JJT Document 1 Filed 12/21/17 Page 2 of 3
Case 2:18-cr-00071-JJT Document 1 Filed 12/21/17 Page 3 of 3
[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Notices]
[Page 27937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13752]



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


NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Geosciences: Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting.

    Name: Special Emphasis Panel in Geosciences (#1756).
    Date and Time: June 18, 1996, 8:00 a.m. to 5:00 p.m.
    Place: National Science Foundation, 4201 Wilson Blvd., Room 770, 
Arlington, VA 22230.
    Type of Meeting: Closed.
    Contact Person: Dr. Stephen P. Nelson, Program Director for the 
Mesoscale Dynamics Program, Division of Atmospheric Sciences, room 
775, 4201 Wilson Blvd., Arlington, VA 22230, telephone number (703) 
306-1526.
    Purpose of Meeting: To provide and make recommendations 
concerning the U.S. Weather Research Program (USWRP) proposals.
    Agenda: To review and evaluate the U.S. Weather Research Program 
(USWRP) proposals.
    Reason for Closing: The materials being reviewed include 
information of a proprietary or confidential nature, including 
technical information; financial data; and personal information 
concerning individuals associated with the proposals. These matters 
are exempted under 5 U.S.C. 552b(c), (4) and (6) of the Government 
Sunshine Act.

    Dated: May 28, 1996.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 96-13752 Filed 5-31-96; 8:45 am]
BILLING CODE 7555-01-M
#### STATE of Missouri, Plaintiff-Respondent, v. Damon WILLIAMS, Defendant-Appellant. Damon WILLIAMS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Nos. 66948, 68916.

Missouri Court of Appeals, Eastern District, Division One.

Dec. 10, 1996.

John M. Schilmoeller, Asst. Public Defender, St. Louis, for defendant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K Burgess, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

*179Before DOWD, P.J., and GAEY M. GAERTNER and RHODES RUSSELL, JJ.

ORDER

PER CURIAM.

Defendant appeals from the judgment on his conviction by a jury of forcible sodomy, § 566.060, RSMo 1986, and armed criminal action, § 571.015, RSMo 1994, for which he was sentenced to consecutive twenty year terms of imprisonment.1 We affirm.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion reciting the detailed facts and restating the principles of law would have no precedential value. The judgment is affirmed in accordance with Rule 30.25(b).

1

. As appellant's brief raises no issues pertaining to the judgment denying his Rule 29.15 motion after an evidentiary hearing, his appeal from this judgment is deemed abandoned. *State v. Gaines,*807 S.W.2d 678 n. 1 (Mo.App. E.D.1991).