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

No. WD 41981.

Missouri Court of Appeals, Western District.

Feb. 27, 1990.

Raymond L. Legg, Columbia, for appellant.

William L. Webster, Atty. Gen., John P. Pollard, Asst. Atty. Gen., Jefferson City, for respondent.

Before KENNEDY, P.J., and LOWENSTEIN and BERREY, JJ.

PER CURIAM:

This is an appeal from the denial, without an evidentiary hearing, of appellant’s Rule 24.035 motion for post-conviction relief. Appellant contends that he lacked the capacity to understand his guilty plea proceedings, and therefore his plea of guilty was not knowing or voluntary.

The appeal is dismissed.

Appellant pled guilty to one count of first degree robbery and one count of armed criminal action, and he was sentenced to two concurrent twenty-five year terms of imprisonment. He then filed, *pro se,*an original and first amended Rule 24.035 motion, alleging numerous grounds for relief.

On January 25, 1988, the Public Defender was appointed to represent appellant in his Rule 24.035 action. On May 6, 1988, Assistant Public Defender Timothy Ernst entered an appearance on behalf of appellant. On August 18, 1988, Ernst filed a second amended Rule 24.035 motion which, in addition to preserving appellant’s prior claims, also alleged two new grounds for relief. One of the two new grounds was the claim of incapacity which he is now pursuing on appeal. All of appellant’s grounds for relief were denied on the merits by the motion court.

As his sole point on appeal, appellant reasserts his claim that his plea was invalid because of his inability to understand the guilty plea proceedings. However, because this particular claim was untimely filed, we dismiss the appeal.

Rule 24.035(f) provides the following deadline for the filing of a Rule 24.035 motion for post-conviction relief:

> Any amended motion shall be verified by movant and shall be filed within thirty days of the date counsel is appointed or the entry of appearance by counsel that is not appointed. The court may extend the time for filing the amended motion for one additional period not to exceed thirty days.

Appellant’s second amended motion did not meet this statutory deadline. It was filed almost seven months after Ernst made his appearance as appellant’s attorney. Appellant’s failure to file his second amended motion within the time specified by Rule 24.035(f) constituted a waiver of all grounds for relief which were first present*891ed in said motion. *Batson v.*State, 774 S.W.2d 882, 884 (Mo.App.1989).

Because appellant waived his right to proceed with any claims which originated in his second amended motion, the motion court improvidently entertained those claims on the merits. *King v. State,*772 S.W.2d 18, 19 (Mo.App.1989). And, because this appeal is grounded on such a claim, we dismiss the appeal. *Id.*

Accordingly, the appeal is dismissed.
1

The Honorable Henry E. Autrey, United States District Judge for the Eastern

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 04-1737

___________

Phyllis E. Toston, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Missouri Division of Employment *

Security, * [UNPUBLISHED]

*

Appellee. *

___________

Submitted: February 4, 2005

Filed: February 7, 2005

___________

Before BYE, RILEY, and COLLOTON, Circuit Judges.

___________

PER CURIAM.

Phyllis Toston appeals the district court’s1

 adverse grant of summary judgment

in this Title VII action Toston brought against her former employer, the Missouri

Division of Employment Security. Following careful review, we agree with the

district court that Toston presented nothing in support of her bare allegation that her

employer’s legitimate reason for terminating her--poor performance--was a pretext

for race discrimination, see Riggs v. Kansas City Mo. Pub. Sch. Dist., 385 F.3d 1164,
-2-

1166 (8th Cir. 2004), or retaliation, see Griffith v. City of Des Moines, 387 F.3d 733,

738 (8th Cir. 2004). In addition, to the extent she pleaded a hostile-workenvironment claim, Toston failed to show harassment pervasive or severe enough to

affect a term, condition, or privilege of her employment. See id. at 739. Accordingly,

we affirm. See 8th Cir. R. 47B. 

______________________________
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Notices]
[Pages 29346-29347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14620]



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


DEPARTMENT OF COMMERCE

University of California, et al.; Notice of Consolidated Decision 
on Applications for Duty-Free Entry of Electron Microscopes

    This is a decision consolidated pursuant to Section 6(c) of the 
Educational, Scientific, and Cultural Materials Importation Act of 1966 
(Pub. L. 89-651, 80 Stat. 897; 15 CFR part 301). Related records can be 
viewed between 8:30 A.M. and 5:00 P.M. in Room 4211, U.S. Department of 
Commerce, 14th and Constitution Avenue, N.W., Washington, D.C.
    Docket Number: 95-124. Applicant: University of California, 
Berkeley, CA 94720. Instrument: Electron Microscope, Model EM 300. 
Manufacturer: Philips, The Netherlands. Intended Use: See notice at 61 
FR 6629, February 21, 1996. Order Date: January 31, 1995.
    Docket Number: 95-127. Applicant: Armstrong Laboratory, Brooks AFB, 
TX 78235-5118. Instrument: Electron Microscope, Model CM 120. 
Manufacturer: Philips, The Netherlands. Intended Use: See notice at 61 
FR 6630, February 21, 1996. Order Date: April 28, 1995.
    Docket Number: 96-003. Applicant: Mount Holyoke College, South 
Hadley, MA 01075. Instrument: Electron Microscope, Model CM100. 
Manufacturer: Philips, The Netherlands. Intended Use: See notice at 61 
FR 8041, March 1, 1996. Order Date: July 18, 1995.
    Docket Number: 96-005. Applicant: Scripps Research Institute, La 
Jolla, CA 92037. Instrument: Electron Microscope, Model CM120. 
Manufacturer: Philips, The Netherlands. Intended Use: See notice at 61 
FR 8042, March 1, 1996. Order Date: August 29, 1995.
    Docket Number: 96-006. Applicant: The Scripps Research Institute, 
La Jolla, CA 92037. Instrument: Electron Microscope, Model CM 200. 
Manufacturer: Philips, The Netherlands. Intended Use: See notice at 61 
FR 11613, March 21, 1996. Order Date: August 29, 1995.
    Docket Number: 96-009. Applicant: New York University Medical 
Center, New York, NY 10016. Instrument: Electron Microscope, Model CM 
200. Manufacturer: Philips, The Netherlands. Intended Use: See notice 
at 61 FR 11613, March 21, 1996. Order Date: July 27, 1995.
    Comments: None received. Decision: Approved. No instrument of 
equivalent scientific value to the foreign instrument, for such 
purposes as these instruments are intended to be used, was being 
manufactured in the United States at the time the instruments were 
ordered. Reasons: Each foreign instrument is a conventional 
transmission electron microscope (CTEM) and is intended for research or 
scientific educational uses requiring a CTEM. We know of no CTEM, or 
any other instrument suited to these purposes, which was being 
manufactured in the United States either at the time of order of each 
instrument or at the time of receipt of

[[Page 29347]]

application by the U.S. Customs Service.
Frank W. Creel,
Director, Statutory Import Programs Staff.
[FR Doc. 96-14620 Filed 6-7-96; 8:45 am]
BILLING CODE 3510-DS-F
#### STATE of Missouri, Respondent, v. Darren G. JOINER, Appellant.

No. 63114.

Missouri Court of Appeals, Eastern District, Division One.

Aug. 9, 1994.

Henry Thomas, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Millie Aulbur, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and GARY M. GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Appellant, Darren G. Joiner, appeals from his conviction for first degree trafficking in drugs in violation of RSMo § 195.222 (Cum. Supp.1994). We affirm.

We have reviewed the briefs and arguments of the parties, as well as the transcripts and the legal file, and find no clear error in the findings of fact and conclusions of law of the trial court. In addition, we find that no jurisprudential purpose would be served by a written opinion. We, therefore, affirm the judgment of the trial court pursuant to Rules 84.16(b) and 30.25(b). The parties have been provided with a memorandum, *651solely for their own information, setting forth the reasons for our decision.
EXHIBIT 21.1



Subsidiaries of Registrant



|                         |  |                              
|------------------------ |  | -----------------------------
|Name                     |  | Jurisdiction of Incorporation
|Vyyo Ltd.                |  | Israel                       
|                         | 
|Vyyo International, Inc. |  | Delaware                     
|                         | 
|Vyyo Brasil Ltda.        |  | Brazil                       
|                         | 
|Shira Computers Ltd.     |  | Israel                       
|                         | 
|Shira, Inc.              |  | Delaware                     
|                         | 
|Shira Holdings, Inc.     |  | Delaware                     
|                         | 
|Shira Europe Limited     |  | England
[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Notices]
[Page 28632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14003]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION


Aviation Proceedings; Agreements Filed During the Week Ending 
June 24, 1996

    The following Agreements were filed with the Department of 
Transportation under the provisions of 49 U.S.C 412 and 414. Answers 
may be filed within 21 days of date of filing.
    Docket Number: OST-96-1398.
    Date filed: May 23, 1996.
    Parties: Members of the International Air Transport Association.
    Subject: TC31 Reso/P 1118 dated May 21, 1996, South Pacific 
Expedited Reso 002s, (Editorial Changes), Intended effective date: 
expedited July 1, 1996.
    Docket Number: OST-96-1399.
    Date filed: May 23, 1996.
    Parties: Members of the International Air Transport Association
    Subject: TC3 Telex Mail Vote 802, Korea-South Asian subcontinent 
amendments, r-1-070d r-2-074n r-3-085h, Intended effective date; June 
1, 1996.
Paulette V. Twine,
Chief, Documentary Services Division.
[FR Doc. 96-14003 Filed 6-4-96; 8:45 am]
BILLING CODE 4910-62-P
**EXHIBIT 32.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the QuarterlyReport of CombiMatrix Corporation (the “Company”) on Form 10-Q for thequarterly period ended March 31, 2010, as filed with the Securities andExchange Commission on May 17,2010 (the “Report”), I, Scott R. Burell, ChiefFinancial 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 therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2. The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 
|     | By:                                          |
|----------|----------------------------------------------|
|     |                                         |
|     | /s/  SCOTT R. BURELL                         |
|     | Scott  R. Burell                             |
|     | Chief  Financial Officer                     |
| * * | *(Principal Finance and Accounting Officer)* |
|     | May 17, 2010                            |

 

Asigned original of this written statement required by Section 906 of theSarbanes-Oxley Act of 2002 (“Section 906”), or other documentauthenticating, acknowledging, or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

----
```
[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Notices]
[Page 27865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13827]

=======================================================================
-----------------------------------------------------------------------

BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR COMMISSION

Blackstone River Valley National Heritage Corridor Commission; 
Notice of Meeting

    Notice is hereby given in accordance with Section 552b of Title 5, 
United States Code, that a meeting of the Blackstone River Valley 
National Heritage Corridor Commission will be held on Thursday, June 
27, 1996.
    The Commission was established pursuant to Public Law 99-647. The 
purpose of the Commission is to assist federal, state and local 
authorities in the development and implementation of an integrated 
resource management plan for those lands and waters within the 
Corridor.
    The meeting will convene at 7:00 pm at the Corridor Office, One 
Depot Square, Woonsocket, RI for the following reasons:
    1. Strategic Planning follow-up
    2. Legislative Update
    3. Commission Business
    It is anticipated that about twenty people will be able to attend 
the session in addition to the Commission members.
    Interested persons may make oral or written presentations to the 
Commission or file written statements. Such requests should be made 
prior to the meeting to: Susan K. Moore, Executive Director, Blackstone 
River Valley National Heritage Corridor Commission, One Depot Square, 
Woonsocket, RI 02895, Tel.: (401) 762-0250
    Further information concerning this meeting may be obtained from 
Susan K. Moore, Executive Director of the Commission at the 
aforementioned address.
Susan K. Moore,
Executive Director BRVNHCC.
[FR Doc. 96-13827 Filed 5-31-96; 8:45 am]
BILLING CODE 4310-70-P
```
##### 



EXHIBIT 10.7 AMENDMENT NO. 2 TO
INTEGRITY BANCSHARES, INC.
2003 STOCK OPTION PLAN This Amendment No. 2 to the Integrity Bancshares, Inc. 2003 Stock Option Plan is made
effective as of the 19th day of January, 2005. W I T N E S S E T H: WHEREAS, Integrity Bancshares, Inc. (the Company) has adopted a 2003 Stock Option Plan (the
Plan) that, as provided by Amendment No. 1 to the Plan, authorizes and reserves for issuance
550,000 shares of the Companys common stock upon the exercise of options issued under the Plan; WHEREAS,the Board of Directors of the Company has authorized this Amendment No. 2 to the Plan
to provide for accelerated vesting of options in the event of the death or disability of the
optionee; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth
herein and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Plan shall be amended as follows:  (1)
    Section 13 of the Plan is hereby deleted and replaced with a new Section 13
which reads as follows: "13. OTHER TERMS AND CONDITIONS Notwithstanding the vesting schedule set forth in an Option Agreement, all options
granted hereunder shall vest immediately with respect to each Optionee upon the
death or Disability (as defined below) of the Optionee. For purposes of this
section, Disability shall mean any physical or mental disorder that renders an
Optionee incapable of performing his or her normal duties and services for a period
of one hundred twenty (120) days in any consecutive twelve (12) month period, as
determined by a licensed physician selected by mutual agreement of the Company and
the Optionee or the Optionees legal representative. Any Option granted hereunder
shall contain additional terms which are not inconsistent with the terms of this
Plan, as the Board or the Committee deems necessary or desirable. As herein amended, the Plan continues in full force and effect.
H. Res. 681 

In the House of Representatives, U. S., 

July 29, 2009. 

Whereas since 1919, 108 United States Border Patrol agents 

have died in the line of duty; 

Whereas, on July 23, 2009, on the Shockey Truck Trail near 

Campo, California, agent Robert Rosas Junior, a member 

of the United States Border Patrol since May 22, 2006, 

was killed by gunfire while serving in the line of duty; 

Whereas since 2008, more than 50 Border Patrol agents have 

been targeted by gun fire while hundreds of others have 

been subject to other forms of attack; 

Whereas since 2006, over 10,000 individuals have been killed 

as a result of ongoing violence on the Southwest border; 

Whereas, despite an increased security presence along the 

Southwest border in recent years, Border Patrol agents 

are under constant threat of violence and contact with 

drug, weapons, and human smugglers, drug cartels and 

other organized crime, and transnational criminals; 

Whereas the killing of Agent Rosas represents the everpresent danger associated with the Southwest border, affecting law enforcement and communities in both the 

United States and Mexico; 

Whereas agent Rosas’ death serves as an important reminder 

that we are engaged in a serious effort to secure the 
2 

•HRES 681 EH 

Southwest border, led by the approximate 17,000 agents 

currently stationed along our Nation’s 1,969-mile land 

boundary with Mexico; 

Whereas the bravery and devotion to duty demonstrated by 

agent Rosas has forever earned him a place in the hearts 

and memory of his fellow Americans and the men and 

women of the United States Border Patrol who risk their 

lives daily to protect the safety and security of the United 

States people; 

Whereas agent Rosas, after starting his law enforcement career in 2001 as a reserve officer in El Centro, California, 

aspired to be a member of the United States Border Patrol; 

Whereas agent Rosas was beloved for his desire and dedication to serving others, earning the respect and admiration 

of his colleagues, but most of all by his devotion to his 

wife, Rosalie, and their two children; and 

Whereas in the face of this loss, the Department of Homeland Security and law enforcement immediately reaffirmed that acts of violence against Border Patrol 

agents will not stand: Now, therefore, be it 

Resolved, That the House of Representatives expresses 

its condolences to the family and loved ones of Agent Robert 

Rosas and stands in solidarity with the brave men and 

women of the United States Border Patrol as they remember 
3 

•HRES 681 EH 

the service and sacrifice of Agent Rosas and continue their 

mission to preserve and defend our borders. 

Attest: 

Clerk.
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Gallagher &

Kennedy, P.A.

2575 East Camelback Road

Phoenix, Arizona 85016-9225

(602) 530-8000

Kenneth M. Motolenich-Salas (Bar No. 027499)

GALLAGHER & KENNEDY, P.A.

2575 East Camelback Road

Phoenix, Arizona 85016-9225

Telephone 602•530•8000

Facsimile 602•530•8500

E-mails: ken.motolenich@gknet.com

Anderson J. Duff (pro hac vice)

REVISION LEGAL, PLLC

244 Fifth Avenue Suite 2230

New York, New York 10001

Telephone (212) 996-4103

Facsimile (212) 996-5863

E-mail: Anderson@revisionlegal.com

Attorneys for Defendant/Counterclaim Plaintiff

Rearz, Inc.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Adult Printed Diapers, LLC,

Plaintiffs,

v.

Rearz, Inc., Cooshie Tooshiez, LLC d/b/a/

Crown Diapers, Faithfulness, LLC,

Personal Care Medical Supplies, Northeast

Mobility Center, SoftCradle.com,

Daynitecare.ca, Littleforbig.com,

Defendants.

No. 2:18-cv-00370-DJH

NOTICE OF NO CHANGE OF

TRADEMARK OR COPYRIGHT

INFORMATION

Defendant Rearz, Inc. hereby respectfully provides notice that on May 2, 2018, it

served its Responses to the Mandatory Initial Discovery Requests and documents bates

labelled REARZ 1-46 via email on all counsel of record for Plaintiff Adult Printed Diapers,

LLC and Defendant Northeast Mobility Center.

/ / /

/ / /

/ / /

/ / /

/

Case 2:18-cv-00370-DJH Document 42 Filed 05/02/18 Page 1 of 3
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RESPECTFULLY SUBMITTED this 2nd day of May, 2018.

GALLAGHER & KENNEDY, P.A.

By:/s/Kenneth M. Motolenich-Salas

Kenneth M. Motolenich-Salas (027499)

2575 East Camelback Road

Phoenix, Arizona 85016

Attorney for Defendant Rearz, Inc.

Case 2:18-cv-00370-DJH Document 42 Filed 05/02/18 Page 2 of 3
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CERTIFICATE OF SERVICE

I hereby certify that on this 2nd day of May, 2018, I electronically transmitted the

above document to the Clerk’s Office using the CM/ECF System for filing, which

transmits a Notice of Electronic Filing to all CM/ECF registrants in this action.

By: /s/ Kenneth M. Motolenich-Salas

Case 2:18-cv-00370-DJH Document 42 Filed 05/02/18 Page 3 of 3
**EXHIBIT
      32.2**





CERTIFICATE
      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 Superclick, Inc. (the "Company") on Form
      10-KSB for the period ending October 31, 2007 as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), I, Jean Perrotti, Chief
      Financial 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 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 respect,
      the financial condition and result of operations of the Company.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.




Date:
January
                7, 2008
              
              
              /s/ Jean
                PerrottiJean Perrotti
                Chief
                    Financial Officer And
                  Principle
                    Accounting Officer