alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-88,371-02

EX PARTE ANTHONY NGOZI OKERE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. C-371-W011282-1407341-A IN THE 371ST DISTRICT COURT

FROM TARRANT COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual

assault of a disabled person and sentenced to twenty-five years’ imprisonment. The Seventh Court

of Appeals affirmed his conviction. Okere v. State,No. 07-16-00043-CR (Tex. App.—Amarillo July

25, 2016)(not designated for publication). 

Applicant contendsthat his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that the Seventh Court of Appeals affirmed the trial court’s
2

judgment. 

The trial court has entered findings of fact and conclusions of law that Applicant was

improperly denied the opportunity to seek discretionary review. The trial court recommends that

relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). 

We conclude that there was a breakdown in the system. Ex parte Riley, 193 S.W.3d 900, 902

(Tex. Crim. App. 2006). We find, therefore, that Applicant is entitled to the opportunity to file an

out-of-time petition for discretionary review of the judgment of the Seventh Court of Appeals in

Cause No. 07-16-00043-CR that affirmed his conviction in Cause No. 1407341D from the 371st

District Court of Tarrant County. Applicant shall file his petition for discretionary review with this

Court within 30 days of the date on which this Court’s mandate issues.

While this application was pending in the trial court, Applicant filed another application for

writ of habeas corpus, challenging the merits of this conviction. Because this Court is granting

Applicant an out-of-time petition for discretionary review in this case, the claims raised in his other

application are not yet ripe for resolution. Therefore, that application is dismissed. See Ex parte

Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997). 

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional

Institutions Division and Pardons and Paroles Division. 

Filed: August 22, 2018

Do not publish
* 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 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED August 25, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20443 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JULIO CESAR VELASQUEZ-CRUZ, also known as Julio Velasquez, also known as Homero Vasqeuz, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:04-CR-344-ALL

-------------------- Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM: * Julio Cesar Velasquez-Cruz appeals his guilty-plea conviction and sentence for illegal reentry into the United States after a previous deportation. He argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of Apprendi v. New Jersey , 530 U.S. 466 (2000). Velasquez-Cruz’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998).No. 05-20443 -2- Although Velasquez-Cruz contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi , we have repeatedly rejected such arguments on the basis that AlmendarezTorres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Velasquez-Cruz properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review.
AFFIRMED.
Exhibit 32.2

Certification of CEO and CFO 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 Paradise, Inc. on Form 10-Q for the period ending March 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Jack M. Laskowitz, as Chief Financial Officer of Paradise, Inc., certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 and 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 Paradise, Inc.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------



| |  |                                       |  |                    |  | 
| |  | ------------------------------------- |  | ------------------ |  | 
| |  | /s/ Jack M. Laskowitz                 |  | Date: May 14, 2010 |  | 
| |  | Jack M. Laskowitz                     |  |                    |  | 
| |  | Chief Financial Officer and Treasurer |  |                    |  |
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6699

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WILLIAM RUSSELL SPEAR,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge.

(CR-75-118-N)

Submitted: April 16, 1998 Decided: April 28, 1998

Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

William Russell Spear, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).

We have reviewed the record and the district court's opinion and

find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district

court. United States v. Spear, No. CR-75-118-N (E.D. Va. Apr. 28,

1997). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

DISMISSED
----

----

----

----

| **DISTRIBUTOR**              | **DIASYS CORPORATION** |
|------------------------------|------------------------|
| Genesse Industria e Comercio |                   |
| Sao Paulo                    |                   |
|                         |                   |
|                         |                   |
| By:                          | By:                    |
| S/RICARDO DIDIO              | S/ GREGORY WITCHEL     |
| Print Name: Ricardo Didio    | Gregory Witchel        |
| Title: Gerente General       | CEO                    |
| Date: Maio 16, 2005 _        | Date: May 18, 2005     |
|                         |                   |
|                         |                   |

----
Exhibit 32.2

Certification of CFO 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 Paradise, Inc. on Form 10-Q for the period ending
September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jack M. Laskowitz, as Chief Financial Officer of Paradise, Inc., certify pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 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 and 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 Paradise, Inc.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------



|                                      |  |  |  |                        
|------------------------------------- |  |  |  | -----------------------
|/s/ Jack M. Laskowitz                 |  |  |  | Date: November 12, 2010
|Jack M. Laskowitz                     |  |  |  |                        
|Chief Financial Officer and Treasurer |  |  |  |
#### GRABENHEIMER & SONS, Inc., v. HENDERSON.

No. 5471.

Court of Appeal of Louisiana. Second Circuit.

April 30, 1937.

H. W. Ayres, of Jonesboro, for appellant.

Wm. T. Holloway, of Jonesboro, for appellee.

*210HAMITER, Judge.

The unpaid balance on an open account involving the sale of intoxicating liquors forms the basis of this suit. Defendant denies that he is indebted unto plaintiff for the merchandise alleged to have been sold.

The trial of the merits resulted in a judgment in plaintiff’s favor for $101.95. Defendant appealed.

Only a question of fact is presented by the appeal, and a detailed discussion of the evidence will not be made for it would serve no useful purpose.

The defense offered is that the purchases were made by one J. T. Traynor, defendant’s brother-in-law, and that defendant is in no manner responsible therefor. In support of this, we find in the record a 1935 retail dealer’s permit for the sale of alcoholic beverages issued in Traynor’s name. On the other hand, the evidence discloses that the liquors were shipped to and in the name of defendant, and that he on one occasion personally received a shipment and signed the freight bill therefor. Furthermore, he was listed on the books of plaintiff corporation as the purchaser and debtor, and statements of the account were always sent to him. It is also shown that the establishment where the purchased liquors were retailed was known to the public as defendant Henderson’s place of business, and that in several instances his. personal checks were sent to plaintiff to apply as payments on the running account.

After a thorough study of the record, we are not convinced that the trial judge manifestly erred in his findings of fact.

Accordingly, the judgment of the trial court is affirmed.
#### WEST MONROE HARDWARE & FURNITURE CO., Inc., v. MUNHOLLAND.

No. 4227.

Court of Appeal of Louisiana. Second Circuit.

Dec. 9, 1931.

Munholland & Munholland, of Monroe, for appellant;

Oliver & Digby, of Monroe, for appellee.

STEPHENS, J.

The plaintiff sues for $206.91 and legal interest thereon from judicial demand, alleged to be the balance due on an open account.

The defendant filed an answer admitting a liability on the account sued on of $114.25, and tendered therewith and deposited in the registry of the court the sum of $120, which included accrued costs.

Judgment was rendered in favor of plaintiff in the lower court in the sum of $205.41, and the defendant has appealed.

The plaintiff and appellee has moved to dismiss the appeal, for the reason that this court is without jurisdiction of the amount involved.

*195As the amount in dispute is clearly less than $100 exclusive of interest, the motion is sustained and the appeal dismissed.
Exhibit 23.1


                                CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


     As independent public  accountants,  we hereby consent to the incorporation
of our report  included in this Form 10-K, into the Company's  previously  filed
Registration  Statement File No. 33-83494 on Form S-1; Nos. 33-95702,  33-97542,
333-02892,  333-20245 and 333-24493 on Form S-8; and Nos.  33-99220,  333-09401,
333-  13733  and  333-18159  on Form S-3.  It  should be noted  that we have not
audited any financial statements of the Company subsequent to December 31, 1997,
or performed any audit procedures subsequent to the date of our report.



                                                          ARTHUR ANDERSEN LLP



Dallas, Texas
January 29, 1998




<PAGE>
F
I R S T   A M E N D E D   A N D   R E S T A T E
D


C
O N V E R T I B L E   P R O M I S S O R Y   N O T
E





$41,206.79


January
1, 2008


Denver, Colorado





FOR VALUE RECEIVED, PARK-PREMIER MINING
COMPANY, a Utah corporation ("Maker"), hereby promises to pay to the order of
the Estate of Bertie Dunlap or its assigns ("Holder"), at 32391 Horseshoe Drive,
Evergreen, Colorado 80439 or at such other place Holder may from time to time
designate in writing, in lawful money of the United States of America, the
principal sum of Forty One Thousand Two Hundred Six and 29/100 US Dollars
($41,206.29), together with interest commencing January 1, 2007 on the unpaid
balance at the rate of Twelve Percent (12%) per annum. “Maturity Date” means
December 31, 2009.  This instrument amends, restates and replaces in
full the Convertible Promissory Note by Maker dated January 1, 2007 in the face
amount of $41,206.79.





This Note
may be converted, in whole or in part, into shares of Maker's common stock at
the conversion price of $.10 per share or such other conversion price as the
board of directors of Maker may deem appropriate, not in excess of $.10 per
share, at any time prior to the full payment hereof, at the Holder's
option.





This Note
is subject to prepayment in whole or in part, upon ten (10) days prior written
notice to Holder, at the option of Maker without penalty but subject to exercise
of Holder’s conversion rights.  Prepayments shall be applied first to
collection expenses, interest accrued and then to principal due
hereunder.





In case
this Note shall not be paid in full whenever it shall become due, the Maker
agrees to pay all costs and expenses of collection, including reasonable
attorney's fees, not to exceed 15% of the unpaid balance.





All
rights and obligations hereunder shall be governed by the laws of the State of
Colorado, without application of its choice or conflict of law principles. If
any part of the assets or capital stock of Maker is sold or transferred without
Holder’s prior written consent, except sales and transfers in the ordinary
course of business and except transfers by devise, descent or by operation of
law upon the death of a joint tenant: (1) Holder may, at Holder’s option,
declare all the sums due under this Note to be immediately due and payable, and
(2) if the sale or transfer involves substantially all of the assets of Maker,
the transferee shall be deemed to have assumed all of the obligations of Maker
under this Note. This Note is unsecured.





IN
WITNESS WHEREOF, the Maker has signed this Note effective as of the date first
above written.





Description:  Cash
Advances


PARK-PREMIER
MINING COMPANY








By:/s/ Jeffrey L.
Lee


Jeffrey L. Lee,
Vice-President
#### Jefferson Bank, Respondent, v. Philip Cohn (not summoned) and Isaac Davis (not summoned), Impleaded with Jacob Rosenthal and Louis Perlstein, Appellants.

Judgment and order affirmed, with costs. No opinion.
#### Alma H. Potter, as Administratrix, v. Charles P. H. Gilbert.

Motion granted; question certified.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                            <C>
<PERIOD-TYPE>                  9-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         972,000
<SECURITIES>                                   511,000
<RECEIVABLES>                               48,258,000
<ALLOWANCES>                                 8,851,000
<INVENTORY>                                 55,051,000
<CURRENT-ASSETS>                           111,185,000
<PP&E>                                      68,545,000
<DEPRECIATION>                              37,820,000
<TOTAL-ASSETS>                             149,719,000
<CURRENT-LIABILITIES>                       54,175,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       121,000
<OTHER-SE>                                  35,888,000
<TOTAL-LIABILITY-AND-EQUITY>               149,719,000
<SALES>                                    324,890,000
<TOTAL-REVENUES>                           331,234,000
<CGS>                                      185,887,000
<TOTAL-COSTS>                              104,707,000
<OTHER-EXPENSES>                             1,160,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           4,102,000
<INCOME-PRETAX>                             38,252,000
<INCOME-TAX>                                14,918,000
<INCOME-CONTINUING>                         23,334,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                23,334,000
<EPS-BASIC>                                     1.89
<EPS-DILUTED>                                     1.86


</TABLE>
Exhibit 32.2



CERTIFICATION OF

PRINCIPAL FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the accompanying Quarterly Report on Form 10-Q of Gas
Transmission Northwest Corporation for the quarter ended March 31, 2005, I, Russell K. Girling, Chief Financial Officer of Gas Transmission Northwest Corporation, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:



| | (1) | such Quarterly Report on Form 10-Q for the quarter ended March 31, 2005, 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 such Quarterly Report on Form 10-Q for the quarter ended March 31, 2005, fairly presents, in all material respects, the financial condition and results
of operations of Gas Transmission Northwest Corporation.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|             |  |  |  |                        
|------------ |  |  |  | -----------------------
|             |  | 
|May 12, 2005 |  |  |  | /s/ Russell K. Girling 
|             |  |  |  | Russell K. Girling     
|             |  |  |  | Chief Financial Officer



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

THIS ~~T-I-ORNEY GENERAL

OF TEXAS AUST~N~I.‘~‘EXAS W ’ILL WILSON A~TORNICY GWNXC:HAL January 20, 1960

Mr. Raymond W. Vowel1 Executive Director Board for Texas State Hospitals and Special Schools Austin, Texas OpinionNo. WW-782 Re: Validity of tuition payments by the Alabama Coushatti IndianReservation to the Bi.gSandy IndependentSchool DisDear Mr. Vowell: trict.

You have rejquested an opinion from this office as to whether the Board for Texas State Hospitals and Special Schools can make tuition payments to the Big Sandy IndependentSchool District for children from the reservationwho are attending s,chools within the School District.

In Section 3 of Article 3174b of Vernon's Civil Stat&es, the Alabama Coushatti IndianReservation is included in the definitionof Texas State Rospitals and Special Schools:

"Sec. 3. The term 'TexasState Hospitals and Special Schools' as used in this Act shallmean . . . The Alabama Coushatti IndianReservation,Llvlngston, Texas . . .and all other institutionsheretofore or hereafterreferred to as 'eleemosynary instit,utions' or 'hospitals and special schools' . . .' Sections 1 and 2 of Article 3183e of Vernon's Civil Statutes authorize the Board for Texas StateMr. Raymond W. Vowell, page 2 (W-782)

Hospitals and Special Schools to contract to pay the tuition for studentsattending the public schools from the Special Schools located 1n that county.

'Section 1. The Board for Texas State Hospitals and Special Schoolsmay negotiate and enter into contractswith public schools in co,unties'where Special Schools are located to accept and educate inmates cf the Special Schools in the public schools. The Board is authorized to pay tuition to the public schools out of any appropriated funds it has available. "Sec. 2. Children admittedor committed to the Special Schools lndy be placed in public schoolsby the superintendent,and the Special School may pay a reasonablerate for the t,uition

of such children. .AAt”2;9z4, 53rd Leg., 1st C.S., p.64,

. Since the Alabama Coushattf IndianReservation is includedwithin the meaning of Special Schools ,under Section 3 of Article 31741,of Vernon's Civil Statutes, and the Board for Texas StateHospitals and Special Schools is authorized to pay tuition of students attending public schoolswithin the co,unty that the Special School is located In, it is our opinion that the Board can make the tuition payments in question.

The Board for Texas State

Hosp,'.tals

and Special Schools is authorized to make tuition payments to the Big Sandy Independentc .

Mr.Raymond W. Vowell, page 3 (WW-782)

School District under Article 3183e of Vernon's Civil Statutes.
Yours very truly, WILL WILSON Attorney General of Texas 

# ByE.cit*
AssistantAttorney General JCS:ms APPROVED: OPINION COMMITTEE W. V. Geppert,Chairman F. C. Jack Goodman HoughtonBrownlee, Jr. Bob Eric Shannon Pa,ul W. Floyd, Jr. REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore