alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In the Court of Criminal 

Appeals of Texas

══════════

No. WR-49,763-02

══════════

EX PARTE MARTIN LUCIO SANTILLAN,

Applicant

═══════════════════════════════════════

On Application for a Writ of Habeas Corpus

Cause No. W97-51514-R(B) in the 265th District Court

Dallas County

═══════════════════════════════════════

YEARY, J., filed concurring opinion.

I have previously said that I am not opposed to granting 

conviction relief to an applicant who can meet the standard set out in Ex 

parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996). I just do not 

agree that such an applicant has necessarily established, by virtue of 

meeting that standard alone, that he is “actually innocent.” See Ex parte 

Chaney, 563 S.W.3d 239, 286 (Tex. Crim. App. 2018) (Yeary, J., 

concurring) (“I do not regard the Elizondo standard as sufficiently 
SANTILLAN – 2

rigorous to justify the nomenclature of ‘actual innocence.’”). One who 

satisfies only the Elizondo burden (to establish only that, considering

the new evidence presented, by clear and convincing evidence, no 

rational factfinder would now find the defendant guilty) has not 

necessarily proven that he is actually innocent. Elizondo, 947 S.W.2d at 

209.

In this case, however, it occurs to me that Applicant may well 

have made a “conclusive” showing that he is in fact innocent of the crime 

for which he was convicted. See Ex parte Cacy, 543 S.W.3d 802, 804 (Tex. 

Crim. App. 2016) (Yeary, J., concurring) (“My bottom line is that, though 

I remain content to grant habeas relief to any applicant who satisfies 

the Elizondo standard, I would avoid the label of actual innocence—at 

least in the absence of evidence that conclusively proves, not just that a 

reasonable jury, by clear and convincing evidence, would not have 

convicted him, but that the applicant manifestly did not commit the 

offense.”). Even so, the Court’s per curiam opinion today insists on 

declaring Applicant to be “actually innocent” simply because he has 

satisfied the standard established in Elizondo. And for that reason, 

regrettably, I cannot join the Court’s opinion. Respectfully, even though 

I am convinced by the evidence presented that Applicant is in fact 

actually innocent of the crime for which he was convicted, I concur only 

in the result reached by the Court, not in its rationale.

FILED: February 22, 2023

PUBLISH.
II 

111TH CONGRESS 

1ST SESSION S. 1084 

To require that, in the questionnaires used in the taking of any decennial 

census of population, a checkbox or other similar option be included 

so that respondents may indicate Dominican extraction or descent. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mrs. GILLIBRAND (for herself and Mr. SCHUMER) introduced the following 

bill; which was read twice and referred to the Committee on Homeland 

Security and Governmental Affairs 

A BILL 

To require that, in the questionnaires used in the taking 

of any decennial census of population, a checkbox or 

other similar option be included so that respondents may 

indicate Dominican extraction or descent. 

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

3 SECTION 1. REQUIREMENT RELATING TO CENSUS QUES4 TIONNAIRES. 

5 In conducting the 2010 decennial census and every 

6 decennial census thereafter, the Secretary of Commerce 

7 shall include, in any questionnaire distributed or otherwise 

8 used for the purpose of determining the total population 


jbell on PROD1PC69 with BILLS
2 

•S 1084 IS

1 by States, a checkbox or other similar option by which re2 spondents may indicate Dominican extraction or descent. 

Æ 


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IV 

111TH CONGRESS 

1ST SESSION H. RES. 84 

Honoring the heroic actions of the pilot, crew, and rescuers of US Airways 

Flight 1549. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2009 

Mr. CROWLEY (for himself, Mr. NADLER of New York, Mr. MCMAHON, Mr. 

MCNERNEY, Mr. ACKERMAN, Mr. HIGGINS, Mr. MCHUGH, Mr. HINCHEY, Mr. HALL of New York, Mr. ISRAEL, Mr. TONKO, Mr. ARCURI, 

Mr. RANGEL, Mrs. MCCARTHY of New York, Mr. ENGEL, Mr. LEE of 

New York, Mr. WEINER, Mrs. MALONEY, Mr. BISHOP of New York, Ms. 

CLARKE, Mr. TOWNS, Mr. SERRANO, Mr. KING of New York, Mr. ROTHMAN of New Jersey, Mr. SIRES, Ms. BORDALLO, Mr. PETRI, Mr. BRADY

of Pennsylvania, and Mr. COSTELLO) submitted the following resolution; 

which was referred to the Committee on Transportation and Infrastructure 

JANUARY 26, 2009 

The Committee on Transportation and Infrastructure discharged; considered 

and agreed to 

RESOLUTION 

Honoring the heroic actions of the pilot, crew, and rescuers 

of US Airways Flight 1549. 

Whereas US Airways Flight 1549 took off from LaGuardia 

Airport in Queens, New York, on January 15, 2009, 

bound for Charlotte, North Carolina, and lost engine 

power shortly after takeoff; 


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2 

•HRES 84 ATH 

Whereas Captain Chesley B. Sullenberger III and First Officer Jeffrey B. Skiles recognized the need to land the 

plane quickly and sought out the Hudson River as the 

best option to avoid populated areas; 

Whereas Sullenberger and Skiles displayed quick thinking 

and skillful control of the aircraft, setting the plane down 

in a controlled landing in the water; 

Whereas flight attendants Sheila Dail, Doreen Welsh, and 

Donna Dent of Flight 1549 reacted swiftly to prepare 

passengers for impact in a minimal amount of time; 

Whereas local ferry boats, official police boats, and U.S. 

Coast Guard crafts were able to reach the airliner quickly 

and rescue the passengers and crew from the near-freezing water; 

Whereas Dail, Welsh, and Dent evacuated all 150 passengers 

onto the awaiting U.S. Coast Guard, ferry boats, and official police boats within minutes; 

Whereas even as the plane began sinking in the Hudson 

River, Sullenberger remained in the plane surveying the 

aisle twice to make sure all passengers had gotten out 

safely before he exited the aircraft; and 

Whereas due to the heroic efforts of the flight crew of Flight 

1549, and the rescue boats, all 155 passengers and crew 

survived, without serious injury: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) applauds the skill, quick thinking, and brav3 ery of Captain Chesley B. Sullenberger III and First 

4 Officer Jeffrey B. Skiles; 


jbell on PRODPC61 with BILLS
3 

•HRES 84 ATH 

1 (2) commends the quick response by the flight 

2 attendants Doreen Welsh, Donna Dent, and Sheila 

3 Dail of Flight 1549 to prepare passengers for im4 pact and rapid evacuation; and 

5 (3) praises the quick response from the boats, 

6 first responders, and private citizens that arrived at 

7 the scene to aid and rescue passengers. 

Æ 


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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-6220

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RUSHAUN NECKO PARKER, a/k/a Duke, a/k/a Rushuan Nekoe Parker, a/k/a 

Rushuan Nikoe Parker,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Wilmington. Malcolm J. Howard, Senior District Judge. (7:10-cr-00011-H-1)

Submitted: August 25, 2020 Decided: August 27, 2020

Before KING and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Rushaun Necko Parker, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Rushaun Necko Parker appeals the district court’s order denying his motion for a 

reduction in his sentence under the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 

5194. We have reviewed the record and find no reversible error. Accordingly, we affirm 

for the reasons stated by the district court. United States v. Parker, No. 7:10-cr-00011-H1 (E.D.N.C. Jan. 29, 2020). We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before this court and argument would 

not aid the decisional process.

AFFIRMED
#### Michael Aubrey HAKE, Respondent, v. Betty Ann HAKE (Daniecki), Appellant.

No. WD 47161.

Missouri Court of Appeals, Western District.

Jan. 18, 1994.

Frank B.W. McCollum, Hamann, Holman, South, McCollum & Hansen, P.C., Kansas City, for appellant.

Barton S. Blond, Blond & Nigro, Kansas City, for respondent.

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

ORDER

PER CURIAM.

Appeal from the trial court’s order modifying child custody provisions of the original decree of dissolution to grant custody of minor child to respondent.

The judgment is affirmed. Rule 84.16(b).
[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Notices]
[Page 30599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15239]



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

DEPARTMENT OF ENERGY
[Docket No. GT96-62-000]


Transcontinental Gas Pipe Line Corporation; Notice of Refund 
Report

June 11, 1996.
    Take notice that on May 28, 1996, Transcontinental Gas Pipe Line 
Corporation (Transco) tendered for filing a refund report in accordance 
with Section 4 of Transco's Rate Schedule FT-NT.
    Transco states that the report shows the flow through of refunds to 
Transco's FT-NT customers resulting from a refund received from Texas 
Gas Transmission Corporation (Texas Gas) in accordance with the 
Stipulation and Agreement in Texas Gas's general rate case Docket No. 
RP94-423, et al., approved by the Commission on February 20, 1996.
    Transco further states that on May 24, 1996, it flowed through 
refunds totalling $3,494,793.30, including interest of $185,030.00, to 
its FT-NT customers for the referenced Texas Gas refund for the period 
April 1, 1995 through October 31, 1995.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C., 20426, 
in accordance with Section 385.214 and 385.211 of the Commission's 
Rules of Regulations. All such petitions or protests must be filed on 
or before June 18, 1996. All protests will be considered by the 
Commission in determining the appropriate action to be taken in this 
proceeding, but will not serve to make Protestant a party to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 96-15239 Filed 6-14-96; 8:45 am]
BILLING CODE 6717-01-M
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

UNITED ENVIRONMENTAL GROUP INC. AND STEPHEN W. KLESIC, Petitioners

v.
UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD; ICF INTERNATIONAL, INC.; ICF INCORPORATED; JAMES A. MICELI; AND RONALD S. MOORE, Respondents : : : : : : : : : : : : : : : : No. 535 WAL 2014
Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM AND NOW , this 4th day of March, 2015, the Petition for Leave to Reply to the Answer and the Petition for Allowance of Appeal are DENIED

.
Exhibit
32.1





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 Derycz Scientific, Inc. (the “Company”)
on Form 10-Q for the period ended December 31, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Peter
Derycz, 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:





(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 operations of the
Company.




/s/ Peter DeryczPeter
      DeryczChief
      Executive Officer (Principal Executive Officer)February
      12,
2010
CERTIFICATION PURSUANT TO 18 U.S.C. 1350 AS ADOPTED


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








The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the Quarterly Report on Form 10-Q for the period ended June 30, 2009 of UTEC, Inc. (the “Company”) fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934, as amended, and the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.





Very truly yours,








/s/ Fortunato VillamagnaFortunato VillamagnaChief Executive Officer/s/ Howard BouchHoward BouchChief Financial OfficerDated: November 3, 2009










































A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to UTEC, Inc. and will be furnished to the Securities and Exchange Commission or its staff upon request.
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 MEMSIC, Inc. (the Company) on Form 10-Q for the period ending September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Patricia Niu, Principal Financial and Accounting 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, to the best of my 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 operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                          
|------------------------------------------
|/s/ PATRICIA NIU                          
|Patricia Niu                              
|Principal Financial and Accounting Officer
|November 13, 2009                         

This Certification shall not be deemed part of the Report or incorporated by
reference into any of the Companys filings with the Securities and Exchange Commission by implication or by any reference in any such filings to the Report.
Advanced BioMedical Technologies, Inc.
10-Q






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 Advanced BioMedical Technologies, Inc.
(the "Company") on Form 10-Q for the period ended January 31, 2010, as filed
with the Securities and Exchange Commission on the date hereof (the "report"),
I, Kai GUI, 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 this Report fairly presents, in all material respects,
the financial condition and results of operations of the
Company.






Dated
this 22nd day
of March 2010.







/s/ Kai
GUI


Kai GUI,
Director, Secretary, and Chief Financial Officer
<PAGE>


                                                                    EXHIBIT 31.2

            CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO

                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Michael T. Sicoli, certify that:

1.    I have reviewed this annual report on Form 10-K of RCN Corporation; and

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

Date: June 26, 2006
                                   /s/ Michael T. Sicoli
                                   ---------------------------------------------
                                   Name:  Michael T. Sicoli
                                   Title: Executive Vice President and Chief
                                   Financial Officer
Exhibit B

Case 2:18-cr-00422-DJH Document 613-2 Filed 05/24/19 Page 1 of 6
Case 2:18-cr-00422-DJH Document 613-2 Filed 05/24/19 Page 2 of 6
Case 2:18-cr-00422-DJH Document 613-2 Filed 05/24/19 Page 3 of 6
Case 2:18-cr-00422-DJH Document 613-2 Filed 05/24/19 Page 4 of 6
Case 2:18-cr-00422-DJH Document 613-2 Filed 05/24/19 Page 5 of 6
Case 2:18-cr-00422-DJH Document 613-2 Filed 05/24/19 Page 6 of 6
|   | 1. | The      Annual Report on Form 10-Q of the Company for the period ended June 30,      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 |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Date:  | September      14, 2010                                                                     |   | By: | /s/      MARK NOFFKE |
|--------|---------------------------------------------------------------------------------------------|--------|-----|----------------------|
|   | Name:  Mark      NoffkeTitle:    Chief      Financial Officer |

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 978 Reported in House (RH)]

                                                 House Calendar No. 151
111th CONGRESS
  2d Session
H. RES. 978

                          [Report No. 111-402]

 Requesting the President to transmit to the House of Representatives 
   all documents in the possession of the President relating to the 
 inventory and review of intelligence related to the shooting at Fort 
Hood, Texas, described by the President in a memorandum dated November 
                               10, 2009.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

Mr. Hoekstra submitted the following resolution; which was referred to 
        the Select Committee on Intelligence (Permanent Select)

                            January 27, 2010

Reported adversely from the Permanent Select Committee on Intelligence, 
       referred to the House Calendar, and ordered to be printed

_______________________________________________________________________

                               RESOLUTION

 
 Requesting the President to transmit to the House of Representatives 
   all documents in the possession of the President relating to the 
 inventory and review of intelligence related to the shooting at Fort 
Hood, Texas, described by the President in a memorandum dated November 
                               10, 2009.

    Resolved, That the President is requested to transmit to the House 
of Representatives not later than 14 days after the adoption of this 
resolution all documents (including records, memos, correspondence, or 
other communications) in the possession of the President that refer or 
relate to the inventory and review of intelligence related to the 
shooting on November 5, 2009, at Fort Hood, Texas, described by the 
President in a memorandum dated November 10, 2009.
                                                 House Calendar No. 151

111th CONGRESS

  2d Session

                              H. RES. 978

                          [Report No. 111-402]

_______________________________________________________________________

                               RESOLUTION

 Requesting the President to transmit to the House of Representatives 
   all documents in the possession of the President relating to the 
 inventory and review of intelligence related to the shooting at Fort 
Hood, Texas, described by the President in a memorandum dated November 
                               10, 2009.

_______________________________________________________________________

                            January 27, 2010

Reported adversely from the Permanent Select Committee on Intelligence, 
       referred to the House Calendar, and ordered to be printed
```
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

 

 I hereby recuse myself from any further action in the above-captioned matter. 

Accordingly, 

IT IS ORDERED that this case be reassigned, by lot, to another District Court 

Judge in the District of Arizona. 

IT IS FURTHER ORDERED that this matter has been reassigned by random lot 

to United States District Judge Douglas L. Rayes. All future pleadings and papers 

submitted for filing shall bear the following complete case number: CR-18-00422-PHXDLR. 

 Dated this 1st day of March, 2019. 

Honorable Steven P. Logan

United States District Judge

cc: DLR 

United States of America, 

 

Plaintiff, 

v. 

Michael Lacey, et al, 

Defendants. 

)

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

)

No. CR-18-00422-PHX-SPL

ORDER 

Case 2:18-cr-00422-DJH Document 485 Filed 03/01/19 Page 1 of 1
DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: Diane J. Humetewa Date: October 27, 2023

USA v. Michael Lacey, et al Case Number: CR-18-00422-PHX-DJH

Assistant U.S. Attorneys: Kevin Rapp, Austin Berry, Margaret Perlmeter, Andrew Stone, Peter 

Kozinets

Attorneysfor Defendants: Paul J. Cambria Jr., Retained for Defendant Lacey, present; Bruce S. Feder, 

Retained (Knapp) and Eric W. Kessler, CJA for Defendant Spear, present; Gary S. Lincenberg and Gopi 

K. Panchapakesan, Retained for Defendant Brunst, present; David S. Eisenberg, CJA for Defendant 

Padilla, present; Joy M. Bertrand, CJA for Defendant Vaught, present.

Defendants: ☒ Present ☐ Not Present ☒ Released ☐ Custody ☐ Summons ☐ Writ

JURY TRIAL (Day 26):

8:44 a.m. Court reconvenes. Court informs the parties that a Juror’s arrival is delayed. 8:48 a.m. Recess.

8:59 a.m. Court reconvenes. Jury present. Government’s closing argument resumes. 9:51 a.m. Recess.

9:59 a.m. Court reconvenes. 10:03 a.m. Jury present. Defendant Lacey’s closing argument by Mr. 

Cambria. 11:34 a.m. Court in recess until Tuesday, October 31, 2023 at 9:00 a.m.

Court Reporter Cathy Taylor

Deputy Clerk Liliana Figueroa

Start: 8:44 AM

Stop: 11:34 AM

Total: 2hrs 37min

Case 2:18-cr-00422-DJH Document 1916 Filed 10/27/23 Page 1 of 1