alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals San Antonio, Texas December 14, 2021 No. 04-21-00433-CV Patricia Brown EDWARDS , Appellant

v. Mayra Brown BURTON , Appellee From the 438th Judicial District Court, Bexar County, Texas

Trial Court No. 2021CI16821 Honorable Martha B. Tanner, Judge Presiding



### O R D E R Sitting: Rebeca C. Martinez, Chief Justice

Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice On December 13, 2021, appellant filed a “Request for an Emergency Motion.” It is not clear whether appellant is asking the trial court or this court for emergency relief. To the extent appellant requests relief from this court, including for (1) reimbursements or (2) to stay the sale of 454 Fargo Avenue, San Antonio, Texas 78220 until the appeal is completed, the request is DENIED. To the extent a request for relief is directed to the trial court, appellant must file a motion with the trial court.

_________________________________ Lori I. Valenzuela, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of December, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court
#### STATE of Missouri, Respondent, v. Warren P. BEGHTEL, Appellant. Warren P. BEGHTEL, Appellant, v. STATE of Missouri, Respondent.

Nos. WD 49199, WD 51199.

Missouri Court of Appeals, Western District.

Dec. 5, 1995.

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.

Before FENNER, C.J., P.J., and ULRICH and SMITH, JJ.

*ORDER*

PER CURIAM.

Appeal from conviction, after trial by jury, of two counts of first degree robbery, two counts of armed criminal action, and one count of unlawful use of a weapon for possessing a short-barrelled shotgun pursuant to sections 569.020, 571.015, and 571.030, RSMo 1986, respectively.

Appellant also appeals the denial of his Rule 29.15 motion for post-conviction relief.

*848Judgment and conviction affirmed. Rule 84.16(b) and 30.25(b).
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 February 7, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50512 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN JOSE SANCHEZ-ALVAREZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-936-ALL

-------------------- Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Juan Jose Sanchez-Alvarez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Notices]
[Page 45471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17851]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Indian Gaming

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Tribal-State Compact Taking Effect.

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

SUMMARY: Notice is given that the State of Oklahoma and the Quapaw 
Tribe of Oklahoma (O-GAH-PAH) Off-Track Wagering Compact is considered 
approved and is in effect.

DATES: Effective Date: August 5, 2008.

FOR FURTHER INFORMATION CONTACT: Paula L. Hart, Acting Director, Office 
of Indian Gaming, Mailstop 3657--Main Interior Building, Washington, DC 
20240, (202) 219-4066.

SUPPLEMENTARY INFORMATION: Under Section 11 of the Indian Gaming 
Regulatory Act of 1988 (IGRA), Public Law 100-497, 25 U.S.C. 2710, the 
Secretary of the Interior shall publish in the Federal Register notice 
of approved Tribal-State compacts for the purpose of engaging in Class 
III gaming activities on Indian lands. Pursuant to 25 U.S.C. 
2710(d)(8)(D), compacts that are approved or considered to have been 
approved are effective upon publication of a notice thereof in the 
Federal Register. No action was taken to approve or disapprove this 
Compact within forty-five (45) days of its submittal to the Secretary 
for approval; therefore, in accordance with 25 U.S.C. 2710(d)(8)(C), 
this Compact is considered to have been approved by the Secretary, but 
only to the extent that it is consistent with the provisions of the 
IGRA.

    Dated: July 28, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.
[FR Doc. E8-17851 Filed 8-4-08; 8:45 am]
BILLING CODE 4310-4N-P
Jacob s



# Fourth Court of Appeals

**San Antonio, Texas**

June 19, 2015

N o. 04

- 15

- 00028

- CV

Abelardo ZAMORA and Janet Zamora, Individually and as Next Friends of Abelardo Zamora Jr., a Minor Child, Appellant s

v.

Jacob James DAVILA

, Appellee

Fro m the County Court at Law No. 2, Bexar County, Texas

Trial Court No. 387082 Honorable Tina Torres, Judge Presiding



### ORDER

Appellee’s brief was originally due May 18, 2015; however, the court granted appellee an

extension of time until June 17. Appellee has filed a motion asking for an additional thirty day

exte nsion of time to file the brief.

We grant the motion and order appellee to file his brief by July 16, 2015

. Appellee is

advised that no further extensions of time will be granted absent a motion that (1) demonstrates extraordinary circumstances justify ing further delay, (2) advises the court of the efforts counsel has expended in preparing the brief, and (3) provides the court reasonable assurance that the brief will be completed and filed by the requested extended deadline.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 19th day of June, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court
[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35731-35732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17290]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1121-DR]


Iowa; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency (FEMA).


[[Page 35732]]


ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major 
disaster for the State of Iowa (FEMA-1121-DR), dated June 24, 1996, and 
related determinations.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Response and 
Recovery Directorate, Federal Emergency Management Agency, Washington, 
DC 20472, (202) 646-3606.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter 
dated June 24, 1996, the President declared a major disaster under the 
authority of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), as follows:

    I have determined that the damage in certain areas of the State 
of Iowa, resulting from severe storms and flooding on May 8-28, 
1996, is of sufficient severity and magnitude to warrant a major 
disaster declaration under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (``the Stafford Act''). I, therefore, 
declare that such a major disaster exists in the State of Iowa.
    In order to provide Federal assistance, you are hereby 
authorized to allocate from funds available for these purposes, such 
amounts as you find necessary for Federal disaster assistance and 
administrative expenses.
    You are authorized to provide Public Assistance and Hazard 
Mitigation in the designated areas. Consistent with the requirement 
that Federal assistance be supplemental, any Federal funds provided 
under the Stafford Act for Public Assistance or Hazard Mitigation 
will be limited to 75 percent of the total eligible costs.

    The time period prescribed for the implementation of section 
310(a), Priority to Certain Applications for Public Facility and Public 
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed 
six months after the date of this declaration.
    Notice is hereby given that pursuant to the authority vested in the 
Director of the Federal Emergency Management Agency under Executive 
Order 12148, I hereby appoint Melvin Schneider of the Federal Emergency 
Management Agency to act as the Federal Coordinating Officer for this 
declared disaster.
    I do hereby determine the following areas of the State of Iowa to 
have been affected adversely by this declared major disaster:

    Adair, Des Moines, Henry, Iowa, Johnson, Keokuk, Lee, Louisa, 
Madison, Mahaska, Muscatine, and Washington Counties for Public 
Assistance and Hazard Mitigation.

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance)
James L. Witt,
Director.
[FR Doc. 96-17290 Filed 7-5-96; 8:45 am]
BILLING CODE 6718-02-P
IN THE SUPREME COURT OF THE STATE OF MONTANA No. D A 21 - 0413 STATE OF MONTANA,

Plaintiff and Appellee, v. ROBERT MURRAY GIBBONS,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including November 14 , 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

September 7 2022

09/07/2022

Case Number: DA 21-0413
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

JEROME DALE FOLLET, Sr.,

Defendant

- Appellant. No. 19

- 30111

D.C. No. 4:16

- cr

- 00012

- BMM

- 1

MEMORANDUM *

Appeal from the United States District Court

for the District of Montana Brian M. Morris, District Judge, Presiding

Submitted January 8, 2020 **

Before: CALLAHAN, NGUYEN, and HURWITZ, Circuit Judges.

Jerome Dale Follet, Sr., appeals from the district court’s judgment and

challenges the 12

- month

- and

- 1

- day sentence imposed upon his second revocation

of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we

affirm

.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JAN 13 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 19

- 30111

Follet challenges the district court’s finding that he assault ed his cousin with

a knife and, therefore, committed a Grade A violation of supervised release

. The

district court did not clearly err by crediting the testimony of the victim and a

witness over Folle t ’s contradictory testimony

. See United States v. Zakharo v , 468

F.3d 1171

, 1178 (9th Cir. 200 6) (a district court’s credibility determination is

almost never clear error). The testimony provided by the victim and the witness

was sufficient to show that Follet committed the violation. 1

Follet also contends that the sentence is substantively unreasonable. The

district court did not abuse its discretion. See Gall v. United States , 552 U.S. 38,

51 (2007). The within

- Guidelines sentence is substantively reasonable in light of

the 18 U.S.C. § 35 83 ( e ) sentencing factors and the totality of the circumstances,

including Follet’s multiple violations

. See Gall , 552 U.S. at 51.

AFFIRMED.

1 Ordinarily, a supervised release violation must be shown by a preponderance of

the evidence. See United States v. King , 608 F.3d 112 2, 1129 (9th Cir. 2010). In

this case

, however, Follet asserted that the clear and convincing evidentiary

standard applied because a finding of a Grade A violation would substantially

increase the Guidelines range. The government disagreed, but asked the court to apply the clear and convincing standard nonetheless. The court then found the violation by clear and convincing evidence. We agree that, even if the clear and convincing standard applies, it was met here.
IN THE COURT OF APPEALS OF TENNESSEE 

# FILED
November 22, 1999 Cecil Crowson, Jr. Appellate Court Clerk AT KNOXVILLE

DEBBIE KAY MARION, as next ) C/A NO. 03A01-9906-CV-00229 friend for JONI MARION and JOY ) K. BOWLING, children under the age ) SCOTT CIRCUIT of 18 years, ) ) HON. CONRAD TROUTMAN, Plaintiff-Appellee, ) JUDGE ) vs. ) ) CHARLES DAVID BOWLING, ) ) Defendant-Appellant. )

D I S S E N T I N G O P I N I O N

I dissent on the issues of appointment of counsel and being present in court. I premise my analysis by saying that “ there is no absolute right to counsel in civil cases ”

. See Memphis Board of Realtors v. Cohen , 786 S.W.2d 951 (Tenn. App. 1989); Presley v. Hanks , 782 S.W.2d 482 (Tenn. App. 1989); In re: Rockwell , 673 S.W.2d 512 (Tenn. App. 1983), but in this case, defendant filed a motion seeking the appointment of counsel, and as the majority notes, the Trial Court “ did not respond to the motion ”

. Defendant contends that he wanted a jury trial, but due to his limited education and lack of legal training, he did not timely make a demand. The majority ’ s response is that defendant never asked for a jury trial.

Page 1Defendant also argues that he was denied due process because he was not

permitted to be present for trial. As the majority notes, the record contains two motions filed by defendant requesting that he be brought to attend pre-trial hearings, but apparently the Trial Judge never entered an order on these motions. The majority quotes from Tolbert , to the effect that “

the question of whether to permit a prisoner/litigant in a civil case to be physically present in court is within the trial court ’ s sound discretion ”

. The failure of the Trial Judge to exercise his discretion on the motion for appointing counsel, and his failure to exercise his discretion in determining whether the defendant should be present for the trial, do not comport with fundamental fairness which is the right of all litigants. Defendant was entitled to have the merits of these motions duly considered by the Trial Judge. We said in Thornburgh v. Thornburgh , 937 S.W.2d 925, 926 (Tenn. App. 1996), that while generally in civil cases relief may not be premised upon a theory of ineffective assistance of counsel, there are cases where the facts are so egregious that justice may require some relief.

The majority bases its ruling in part on the assumption that the defendant chose to represent himself and cited Irvin v. City of Clarksville. I cannot say on this record that the defendant “

chose to represent himself”. In my view, it was a denial of procedural due process for the court to ignore motions of substance by proceeding as if they had not been filed. Clearly it is not a function of this Court to exercise a trial judge ’ s discretion, and then decide if the discretion we exercized for the Trial Court was an abuse!

Accordingly, I would vacate the judgment and remand for a new trial for the foregoing reasons.

__________________________ Herschel P. Franks, J.

Page 2
S:\Cleland\JUDGE'S DESK\C1 ORDERS\09-20187.WILSON.THOMPSON.Suspend.Dates.Set.Sch.eew.wpd

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 09-20187

RODERICK WILSON and

SABRINA THOMPSON,

Defendants.

 /

ORDER SUSPENDING DATES AND SETTING CONFERENCE

On July 14, 2009, the above captioned matter was reassigned to the court as a

companion case to case number 06-20411. (7/14/09 Order.) As a result, the dates

previously set for a plea cut-off and trial may need to be altered. Accordingly,

IT IS ORDERED that the dates previously set in the “Trial Notice” [Dkt. #16] are

SUSPENDED.

IT IS FURTHER ORDERED that counsel for Defendants attend a scheduling

conference on July 28th, 2009 at 10:00 a.m.

 s/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: July 20, 2009

I hereby certify that a copy of the foregoing document was mailed to counsel of record on

this date, July 20, 2009, by electronic and/or ordinary mail.

 s/Lisa Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

2:09-cr-20187-RHC-DAS Doc # 25 Filed 07/20/09 Pg 1 of 1 Pg ID 42
EX-10.18



 Exhibit 10.18 

Non-Employee Director Compensation Policy 

Adopted April 2014 
 All members of the Board of
Directors (the “Board”) of Zendesk, Inc. (the “Company”) that are not employees of the Company or its subsidiaries shall be paid the compensation in this Non-Employee Director Compensation Policy (the
“Policy”) for services as a director. 
 Cash Compensation 

Annual Retainer for Board Membership: $30,000. 

Additional Retainers for Committee Membership: 
  

					
	 Audit Committee Chair:
	 	$	15,000	  
		
	 Audit Committee member (non-Chair):
	 	$	7,500	 
		
	 Compensation Committee Chair:
	 	$	10,000	 
		
	 Compensation Committee member (non-Chair):
	 	$	5,000	 
		
	 Nominating and Corporate Governance Committee Chair:
	 	$	10,000	 
		
	 Nominating and Corporate Governance Committee member (non-Chair):
	 	$	5,000	 

 Equity Compensation 

Annual Equity Grants: Each non-employee director shall receive an annual equity grant of restricted stock units under the Company’s 2014 Stock
Option and Incentive Plan (the “2014 Plan”) having a Fair Market Value (as defined in the 2014 Plan) of $150,000 as of the date of grant. The restricted stock units shall vest in full on the anniversary of the date of grant, subject
to such director’s continued service as a director through the vesting date. The restricted stock units shall vest in full upon the closing of a Sale Event (as defined in the 2014 Plan). The initial annual equity grant shall occur upon the
consummation of the Company’s initial public offering. All subsequent annual equity grants shall be made to non-employee directors that are elected/re-elected at the Company’s annual meeting of stockholders on the date of such annual
meeting of stockholders. All equity grants under this Policy will be made automatically in accordance with the terms of this Policy and the 2014 Plan, without the need for any additional corporate action by the Board or the Compensation Committee of
the Board. 
 Expenses 
 The Company will
reimburse all reasonable out-of-pocket expenses incurred by non-employee directors, in attending meetings of the Board or any committee.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4195 Introduced in House (IH)]

                                    

104th CONGRESS
  2d Session
                                H. R. 4195

   To designate a United States Post Office in Brewer, Maine, as the 
          ``General Joshua Lawrence Chamberlain Post Office''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 1996

 Mr. Baldacci introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL

 
   To designate a United States Post Office in Brewer, Maine, as the 
          ``General Joshua Lawrence Chamberlain Post Office''.

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

SECTION 1. DESIGNATION.

    The United States Post Office located at 22 Parkway South in 
Brewer, Maine, shall be designated and known as the ``General Joshua 
Lawrence Chamberlain Post Office''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States Post Office referred 
to in section 1 shall be deemed to be a reference to the ``General 
Joshua Lawrence Chamberlain Post Office''.
                                 <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Maritime Commission

# Agency Holding the Meeting: 

Federal Maritime Commission.

# Time and Date: 

August 6, 2008—10 a.m.

# Place: 

800 North Capitol Street, NW., First Floor Hearing Room, Washington, DC.

# Status: 

A portion of the meeting will be in Open Session and the remainder of the meeting will be in Closed Session.

## Matters To Be Considered

### Open Session

                    (1)                     *FMC Agreement No. 201188*                    —Houston Terminal, LLC Cooperative Working Agreement, effective August 9, 2008.                

                    (2)                     *FMC Agreement No. 201189*                    —New Orleans Terminal, LLC Cooperative Working Agreement, effective August 9, 2008.                

### Closed Session

(1) Los Angeles/Long Beach Port/Terminal Agreements.

(2) Internal Administrative Practices and Personnel Matters.

# FOR FURTHER INFORMATION CONTACT:

Karen V. Gregory, Assistant Secretary, (202) 523-5725.

Karen V. Gregory,

Assistant Secretary,

[FR Doc. E8-17838 Filed 7-30-08; 4:15 pm]

BILLING CODE 6730-01-P