alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Steven Madina,

Petitioner,

v. 

Carol Hacker Agnew, et al.

Respondents.

No. CV-18-00882-PHX-SRB(ESW)

ORDER

Petitioner filed his Amended Petition for Writ of Habeas Corpus pursuant to 28 

U.S.C. § 2254 on September 3, 2019 raising three grounds for relief: 1) ineffective assistance 

of counsel violating his Fifth and Fourteenth Amendment rights because counsel failed to 

obtain witness statements and failed to call those witnesses at trial; 2) his Sixth and 

Fourteenth Amendment rights were violated because the Government failed to produce these 

same witnesses at trial; and 3) ineffective assistance of counsel during plea negotiations

violating his Sixth and Fourteenth Amendment rights. Respondents filed their Response to 

Petitioner’s Amended Petition for Writ of Habeas Corpus on December 18, 2019. No reply 

was filed. On May 29, 2020, the Magistrate Judge issued her Report and Recommendation 

recommending that the amended petition be denied and dismissed with prejudice.

In her Report and Recommendation the Magistrate Judge advised the parties that 

they had fourteen days from the date of service of a copy of the Report and Recommendation 

within which to file specific written objections with the Court. The time to file such 

objections has expired and no objections to the Report and Recommendation have been filed.

The Court finds itself in agreement with the Report and Recommendation of the 

Case 2:18-cv-00882-SRB Document 44 Filed 06/29/20 Page 1 of 2
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Magistrate Judge.

IT IS ORDERED adopting the Report and Recommendation of the Magistrate 

Judge as the order of this Court.

IT IS FURTHER ORDERED denying Petitioner’s Request for an Evidentiary 

Hearing.

IT IS FURTHER ORDERED denying the Petition for Writ of Habeas Corpus and 

dismissing it with prejudice.

IT IS FURTHER ORDERED denying any Certificate of Appealability and leave 

to proceed in forma pauperis on appeal because Petitioner has not made a substantial 

showing of the denial of a constitutional right.

IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.

Dated this 29th day of June, 2020.

Case 2:18-cv-00882-SRB Document 44 Filed 06/29/20 Page 2 of 2
#### STATE of Missouri, Plaintiff/Respondent, v. Calvin GOODSON, Defendant/Appellant. Calvin GOODSON, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Nos. 64703, 67116.

Missouri Court of Appeals, Eastern District, Division One.

Nov. 14, 1995.

Deborah B. Wafer, Sp. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary Moulton Bryan, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and KAROHL, J., and RONNIE L. WHITE, Special Judge.

*ORDER*

PER CURIAM.

Defendant appeals his conviction by a jury for one count of distribution of a controlled substance, § 195.211, RSMo Supp.1991. The court sentenced him as a prior and persistent offender and a persistent drug offender to a prison term of twenty years without possibility of probation or parole and ordered the sentence to run consecutively to the sentence he was serving on an unrelated conviction. Defendant also appeals the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. We affirm.

We have reviewed the record and find the claims of error are without merit; the judgment of the motion court is based on findings of fact that are not clearly erroneous. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the *774reasons for this order affirming the judgment pursuant to Rules 30.25(b) and 84.16(b).
#### STATE of Tennessee, Appellee, v. Dewey Scott FRAZIER, Appellant.

Supreme Court of Tennessee, at Knoxville.

Feb. 12, 1990.

Charles W. Burson, Atty. Gen. and Reporter and James W. Milam, Asst. Atty. Gen., Nashville, for appellee.

Dewey Scott Frazier, Nashville, pro se.

ORDER AND OPINION

PER CURIAM.

*State v. Prince and McDowell,*released 4 December 1989 at Jackson, 781 S.W.2d 846 (Tenn.) requires that we grant defendant’s Rule 11 application and remand to the trial court. However, it is appropriate that we address an issue that the remand makes relevant and that has been properly pretermitted. The court’s examination of the record reveals that defendant, having filed four prior post-conviction petitions, filed nine separate post-conviction petitions on 22 April 1988, alleging that each resulted from guilty plea proceedings wherein he was not advised of the constitutional right against self-incrimination and violations of *Boykin v. Alabama,*395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) and *State v. Mackey,*553 S.W.2d 337 (Tenn.1977) and that the nine convictions were used to enhance a bank robbery conviction to a life sentence as a Habitual Criminal on 3 December 1976. Defendant sought appointment of counsel, amendment of his petition, a hearing on the merits, and appropriate relief. The trial court dismissed the petitions without appointment of counsel or an evidentiary hearing, finding waiver and the self-incrimination issue previously determined.

*928The Court of Criminal Appeals affirmed on the ground of waiver, but reversed on the previously determined issue.

 We observe that five of the convictions on guilty pleas that defendant seeks to void pre-date the release of *Boykin v. Alabama, supra,*on 2 June 1969. We hold that convictions entered in the trial courts prior to the release of *Boykin*are not subject to post-conviction attack. *See Dominguez v. Henderson,*447 F.2d 207 (5th Cir.1971). Also, we repeat, *Mackey*violations that exceed *Boykin*requirements are not constitutional violations and are not available except on direct appeal. *See State v. Prince & McDowell,*released 4 December 1989, at Jackson, 781 S.W.2d 846.

Defendant’s Rule 11 application is granted, the actions of the lower courts reversed, and defendant’s petitions involving convictions post-dating *Boykin*are reinstated. The issue of waiver for failure to raise *Boykin*violations is not available to the State, as mandated in *State v. Prince & McDowell, supra.*Such *Boykin*violations as are found are subject to substantial compliance and harmless error scrutiny. *See State v. Newsome,*778 S.W.2d 34 (Tenn.1989).

Remanded to the trial court for proceedings consistent with *State v. Prince & McDowell, supra,*and this Order.
Exhibit
      32.1




**CERTIFICATIONS
      PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION
      1350)**




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




In
      connection with the Quarterly Report of Card Activation Technologies, Inc.
      (the
      "Company") on Form 10-QSB for the period ending June 30, 2007 as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, William
      P. Williams, Chief Executive Officer of the Company, certify, pursuant to 18
      U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act
      of 2002, that:






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




(2)       
      The information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of the
      Company.






Registrant
            *Card
                Activation Technologies, Inc.*Date:
                August 14, 2007
            *By:
                /s/ William P. Williams*William
                P. WilliamsChairman,
                President Chief Executive Officer (Principle Executive
                Officer)
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Charles Ellis, 

Plaintiff, 

v. 

Liberty Life Assurance Company of 

Boston, 

Defendant. 

No. CV-18-00965-PHX-DJH

ORDER 

 The Court having reviewed the Stipulation of Dismissal with Prejudice (Doc. 17), 

filed on August 8, 2018, 

IT IS ORDERED approving the Stipulation (Doc. 17) and dismissing this action 

as to Defendant Liberty Life Assurance Company of Boston, with prejudice, each party 

to bear its own attorneys’ fees and costs. 

IT IS FURTHER ORDERED directing the Clerk of Court to terminate this action. 

Dated this 9th day of August, 2018. 

Honorable Diane J. Humetewa

United States District Judge 

Case 2:18-cv-00965-DJH Document 18 Filed 08/10/18 Page 1 of 1
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff, 

vs. 

5. Dan Hyer,

Defendant.

No. CR-18-00422-005-PHX-SMB

 ORDER 

 

 (Seventh Request)

The Court having reviewed the Government’s Motion to Continue Sentencing, there 

being no objection, and good cause appearing,

IT IS ORDERED granting the Motion to Continue Sentencing (Doc. 1350).

IT IS FURTHER ORDERED continuing the Sentencing from December 13, 

2021, to May 31, 2022 at 10:00 a.m., in Phoenix, Arizona.

The Court finds excludable delay under 18 U.S.C. § 3161(h)_____ from _____ to 

_____.

Dated this 21st day of October, 2021.

Case 2:18-cr-00422-DJH Document 1359 Filed 10/21/21 Page 1 of 1
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Madrona Ventures Inc. (the "Company")
on Form 10-QSB for the period ending January 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Reese
Baglole, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

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

     (2)  The information contained in the Report fairly presents, in all
          material respects, the financial condition and result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
10th day of March, 2008.


/s/ Reese Baglole
-----------------------------
Chief Executive Officer
**Exhibit 23.2**

**Consent of TransAsia Lawyers, PRC Counsel**

February 28, 2006 

Sohu.com Inc. 

Level 12, Vision International Center 

No. 1 Unit Zhongguancun East Road, Haidian District 

Beijing 100084

People’s Republic of China 

Dear Sirs, 

Annual Report on Form 10-K for year ended December 31, 2005 

We hereby consent to the references to our firm under the heading “Government Regulation and Legal Uncertainties” in this Annual Report on Form 10-K. 

Very truly yours, 

/s/ PhilipQu                                    

Philip Qu 

Partner
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

 Plaintiff,

vs.

Michael Lacey, et al., 

 

 Defendants.

Case No. 2:18-CR-00422-PHX-DJH

[PROPOSED] ORDER

The Court, having reviewed Mr. Larkin’s Motion to Unseal for a Limited Purpose and 

good cause appearing,

IT IS ORDERED that Mr. Larkin’s Motion to Unseal the Transcript of the May 3, 

2021, hearing is granted, and the transcript is permitted to be released to Mr. Larkin. 

DATED this day of , 20 .

 

HON. DIANE HUMEWETA

United States District Court Judge

Case 2:18-cr-00422-DJH Document 1383-1 Filed 11/08/21 Page 1 of 1
#### In the Interest of C.E.P.

No. WD 51413.

Missouri Court of Appeals, Western District.

May 28, 1996.

Chris Nelson, Hallsville, for appellant.

Elizabeth Magee, Mariam A. Decker, Jerome Strauss Antel, II, Columbia, for respondent.

Before LOWENSTEIN, P.J., and HANNA and SPINDEN, JJ.

MEMORANDUM DECISION

PER CURIAM.

T.P. appeals the circuit court’s termination of her parental rights as C.E.P.’s mother. She asserts that the circuit court’s decision was against the weight of the evidence because the evidence established that her constitutional right to equal protection was prejudiced by the actions of the Division of Family Services and C.E.P.’s foster parent. We affirm the circuit court’s judgment. Discerning no jurisprudential value in publishing an opinion, we issue this memorandum decision. Rule 84.16(b).
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 20262

VERNON KING, JR.

,

Plaintiff

- Appellant

v.

BRYAN COLLIER; WARDEN TONY R. CHARE; WARDEN CHRISTOPHER LACOX; WARDEN GHEFF H. PRESTWOOD; MURRAY OWEN, MBA; JULYE ERNISTINE, M.D.; MOTT KHARA, M.D.; ELDON L. MONK; M. HENKEMEYER, R.N.; J. HORNS, Licensed Vocational Nurse; BOYCE, Licensed Vocational Nurse; C. MCCAULEY, Li censed Vocational Nurse; S. MADL, Licensed Vocational Nurse; SCOTT, R.N.; RUSSELL, R.N.; CAPTAIN R. COOK; MAJOR M. B. CROW; LIEUTENANT C. A. APPLEWHITE; SERGEANT J. JACKSON; OFFICER S. GRANT; OFFICER HENRY

,

Defendant s

- Appellee s

Appeal s from the United States District Court for the Southern District of Texas USDC No. 4:16

- CV

- 943

Before CLEMENT, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM: *

Vernon King, Jr., Texas prisoner # 590316, moves this court for

authorization to proceed in forma pauperis (IFP) following the district court’s

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 10, 2017

Lyle W. Cayce Clerk Case: 16-20262 Document: 00513946210 Page: 1 Date Filed: 04/10/2017No. 16

- 20262

2 dismissal of his 42 U.S.C. § 1983 complaint. King has failed to show that he

should be allowed to proceed IFP o n appeal under 28 U.S.C. § 1915(g) or that

his appeal of the district court’s judgment presents a nonfrivolous issue. See

Banos v. O’Guin , 144 F.3d 883, 885 (5th Cir. 1998) ; Carson v. Polley , 689 F.2d

562, 586 (5th Cir. 1982). King’s motion for leave to proceed IFP is denied.

The facts surrounding the IFP decision are inextricably intertwined with

the merits of the appeal. See Baugh v. Taylor , 117 F.3d 197, 202 & n.24 (5th

Cir. 1997). The appeal presents no nonfrivolous issues and is dismissed as

frivo lous. 5 TH C IR

. R . 42.2. King’s motion to stay proceedings is denied as

moot.

IFP DENIED; STAY DENIED AS MOOT; APPEAL S DISMISSED. Case: 16-20262 Document: 00513946210 Page: 2 Date Filed: 04/10/2017
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 957 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 957

       Honoring Jimmie Johnson, 2009 NASCAR Sprint Cup Champion.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2009

Mr. McHenry (for himself, Mr. Kissell, Mr. Hunter, Mrs. Myrick, and Mr. 
Schauer) submitted the following resolution; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                               RESOLUTION

 
       Honoring Jimmie Johnson, 2009 NASCAR Sprint Cup Champion.

Whereas Jimmie Kenneth Johnson, born in El Cajon, California, and a resident of 
        Charlotte, North Carolina, successfully defended his Sprint Cup 
        Championships from 2006, 2007, and 2008;
Whereas Jimmie Johnson becomes the first driver in NASCAR history to win the 
        Sprint Cup Championship in 4 consecutive seasons, surpassing the 
        previous record of 3 straight by Cale Yarborough;
Whereas Jimmie Johnson's #48 Lowe's Chevrolet is backed by the finest team in 
        motorsports, including Crew Chief Chad Knaus, Team Owner Rick Hendrick, 
        and Car Owner, and racing legend Jeff Gordon;
Whereas Jimmie Johnson's life story is the embodiment of the American dream, 
        rising from humble roots to the pinnacle of his profession;
Whereas Jimmie Johnson and his wife Chandra founded the Jimmie Johnson 
        Foundation to provide assistance to disadvantaged children in pursuit of 
        their dreams;
Whereas Jimmie Johnson, now regarded as perhaps the greatest driver in the 
        sport's history, is universally regarded as humble and gracious, 
        unaffected by the enormity of his achievements; and
Whereas Jimmie Kenneth Johnson's remarkable contributions to NASCAR and the 
        communities of El Cajon, California, and Charlotte, North Carolina: Now, 
        therefore, be it
    Resolved, That the House of Representatives honors the historic 
achievements of Jimmie Kenneth Johnson and the #48 Lowe's Chevrolet 
team.
                                 <all>
```
Exhibit 32.2  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the Quarterly Report of China Multimedia, Inc. (the "Company") on Form 10-Q for the fiscal period ended June 30, 2010 (the "Report"), I, Wilson Cheung, 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 requirement 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 Company's financial position and results of operations. /s/Wilson CheungWilson Cheung, Chief Financial Officer August 13, 2010
---

EXHIBIT 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Mingchun Zhou, the Chief Executive Officer of China Skyrise Digital Service Inc. (the Company), DOES HEREBY CERTIFY that:

1. The Companys Quarterly Report on Form 10-Q for the three months ended March 31, 2010 (the Report), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

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

IN WITNESS WHEREOF, the undersigned has executed this statement this 12th day of July, 2010.

/s/ Mingchun Zhou
Mingchun Zhou 
Chief Executive Officer(Principal Executive Officer)

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

The forgoing certification is being furnished to the Securities and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

---
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 874 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 874

   Amending the Rules of the House of Representatives to require all 
committees post record votes on their Web sites within 48 hours of such 
                                 votes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2009

  Mr. Reichert (for himself, Mr. Boehner, Mr. Cantor, Mr. McCarthy of 
California, Mr. Pence, Mr. Sessions, Mrs. McMorris Rodgers, Mr. Carter, 
Mr. McCotter, Mr. Price of Georgia, Mr. Lucas, Mr. Lewis of California, 
 Mr. McKeon, Mr. Ryan of Wisconsin, Mr. Kline of Minnesota, Mr. Barton 
   of Texas, Mr. Bachus, Ms. Ros-Lehtinen, Mr. Daniel E. Lungren of 
 California, Mr. Smith of Texas, Mr. Hastings of Washington, Mr. Issa, 
  Mr. Dreier, Mr. Hall of Texas, Mr. Graves, Mr. Mica, Mr. Camp, Mr. 
 Hoekstra, Mr. Buyer, Mr. Sensenbrenner, Mr. Austria, Ms. Jenkins, Mr. 
 Marchant, and Mr. Wolf) submitted the following resolution; which was 
                   referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
   Amending the Rules of the House of Representatives to require all 
committees post record votes on their Web sites within 48 hours of such 
                                 votes.

    Resolved, That clause 2(e)(1)(B)(i) of rule XI of the Rules of the 
House of Representatives is amended--
            (1) in the first sentence, by inserting ``and within 48 
        hours of such record vote on its Web site on the Internet'' 
        before the period at the end thereof; and
            (2) in the second sentence, by inserting ``and information 
        so available on its Web site'' before ``shall''.
                                 <all>
```
|   | (i) |   | the accompanying Annual Report on Form 10-K of the Company for the year ended December 31, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and |
|--------|-----|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|------|------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   |                                                                                      |   |   |
|--------|--------|-------------------------------------------------------------------------------------------|--------|--------|
| By:    |   | /s/ Peter D. Thompson                                                                     |   |   |
|   |   |                                                                                      |   |   |
|   |   | Name: Peter D. Thompson                                                                   |   |   |
|   |   | Title: Executive Vice President, Chief Financial Officer and Principal Accounting Officer |