alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered December 22 , 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 15
- 01452
- CR
EX PARTE GERARDO AVE LLA YANEZ On Appeal from the 282nd Judicial District Court

Dallas County, Texas Trial Court Cause No. WX15
- 90005
- S



### O RD ER On December 1, 2015, this Court ordered the Dallas County District Clerk to file the clerk’s record in this accelerated appeal by December 16, 2015. To date, the clerk’s record has
not been filed. Accordingly, we ORDER Felicia Pitre, Dallas County Dis trict Clerk, to file , by DECEMBER 31 , 2015 , a clerk’s record containing all of the documents related to the article 11.072 habeas corpus proceeding, including the trial court’s written order ruling on the application. If the clerk’s record is not filed by that date, the Court will utilize the available remedies to obtain the clerk’s record.
We DIRECT the Clerk to send copies of this order to Felicia Pitre, Dallas County District Clerk, and to counsel for all parties.

/s/ ADA BROWN JUSTICE
NO. 07-07-0309-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

AUGUST 23, 2007

______________________________

TODD L. TREDEAU, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY;

NO. D-1-GV-06-000341; HONORABLE SUZANNE COVINGTON, JUDGE

_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Todd L. Tredeau’s Motion for Voluntary Dismissal in

which he represents he no longer wishes to pursue this appeal. Without passing on the

merits of the case, Tredeau’s motion is granted and the appeal is dismissed. Tex. R. App.

P. 42.1(a)(1). Per Tredeau’s request and as agreed to by the State of Texas in the
2

Certificate of Conference, costs are assessed against the party incurring them. Having

dismissed the appeal at Tredeau’s request, no motion for rehearing will be entertained and

our mandate will issue forthwith.

Patrick A. Pirtle

 Justice
CHIEF JUSTICE

ROGELIO VALDEZ

JUSTICES

NELDA V. RODRIGUEZ

DORI CONTRERAS GARZA

GINA M. BENAVIDES

GREGORY T. PERKES

NORA L. LONGORIA

CLERK

DORIAN E. RAMIREZ NUECES COUNTY COURTH OUSE

901 LEOPARD, 10TH FL OOR

CORPUS C HRISTI, TEXAS 78401

361

- 888

- 0416 (TEL)

361

- 888

- 0794 (FAX)

HIDALGO COUNTY

ADMINISTRATION BLDG.

100 E. CANO, 5TH FLO OR

EDINBURG, TEXAS 7853 9

956

- 318

- 2405 (TEL)

956

- 318

- 2403 (FAX) 

# Court of Appeals

Thirteenth District of Texas

Monday, June 30, 2014

Mr. Carl Deaton

TDCJ#188005

Pack I Unit 18

- 33

2400 Wallace Pack Rd.

Navasota, TX 77868 Hon. Mark Skurka

District Attorney

901 Leopard St. Room 205

Corpus Christi, TX 78401

Re: Cause No. 13

- 14

- 00342

- CR

Tr.Ct.No. 12CR3237B

Style: In Re Carl Deaton

Enclosed please find the opinion issued by the Court on this date

.

Very truly yours,

Dorian E. Ramirez, Clerk

DER: ch

Enc.

c c: State Prosecuting Attorney

117 th District Court

Hon. Patsy Perez, Nueces County District Clerk

Hon. J. Rolando Olvera Jr., Presiding Judge, Fifth Administrative Judicial Region
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 Annual Report ofAtwood Minerals and Mining Corp. (the "Company") on Form 10-KSB for the year ended November 30, 2006 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Scott McDowell, Chief Executive Officer and 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 14th day of March, 2007.



| | WALTER BRENNER                                     
| | ---------------------------------------------------
| | Walter Brenner                                     
| | Chief Executive Officer and Chief Financial Officer













---
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.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention 

# CONTACT PERSON FOR MORE INFORMATION:

                        Jeffery L. Kohler, PhD, Executive Secretary, Mine Safety and Health Research Advisory Committee, NIOSH, CDC, 626 Cochrans Mill Road, Pittsburgh, Pennsylvania 15236,                         *telephone:*                         (412) 386-5301, Fax (412) 386-5300.                     

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.                     

Dated: August 13, 2008. 

Elaine L. Baker, 

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. 

[FR Doc. E8-19240 Filed 8-19-08; 8:45 am] 

BILLING CODE 4163-18-P
<PAGE> 1                                                         Exhibit 10.1

                                      AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT

THIS AGREEMENT,  made and entered into as of the 30th day of June, 1997, between
Payless  Cashways,  Inc.,  an Iowa  corporation  (the  "Company"),  and Susan M.
Stanton (the "Executive").

WHEREAS, the Company and the Executive have entered into an employment agreement
dated February 8, 1993 (the "Employment Agreement"), as amended by Amendment No.
1 to Employment Agreement dated October 17, 1996 ("Amendment No. 1");

WHEREAS,  the parties  mutually  desire to amend the  Employment  Agreement  and
Amendment No. 1;

NOW,  THEREFORE,  in consideration of these premises and other good and valuable
consideration, the parties agree as follows:

         1. All  references  to the date of "March  1,  1998"  contained  within
Amendment  No.  1 are  hereby  deleted  and  the  date of  "March  1,  1999"  is
substituted in lieu thereof.  The reference to the year "1998"  contained within
Paragraph  4 of  Amendment  No.  1 is  hereby  deleted  and the year  "1999"  is
substituted in lieu thereof.

         2. A new  Paragraph  6(g)(vi)  is  hereby  inserted  in the  Employment
Agreement, as follows:
         
         "Outplacement  Benefits.  The Company, at its expense,  will provide to
         the Executive such outplacement  benefits as would be appropriate for a
         senior  officer of a company  substantially  equivalent  in size to the
         Company in terms of sales,  profits,  number of  employees,  geographic
         location and  organizational  structure,  as  determined  by a national
         outplacement service provider selected by Company."

In witness whereof, the parties have executed this Amendment No. 2 to Employment
Agreement as of the day and year written above.

PAYLESS CASHWAYS, INC.                                 EXECUTIVE


By:   /s/ David Stanley                                /s/ Susan M. Stanton   
     -------------------------------------             ------------------------
      Chairman and Chief Executive Officer             Susan M. Stanton

Approval by the Compensation  Committee of the Board of Directors of the Company
is hereby confirmed.


     /s/ John Weitnauer, Jr.                            
    ------------------------------------------
    John Weitnauer, Jr.
The State of Texas



# Fourth Court of Appeals

**San Antonio, Texas**

December 19, 2014

N o. 04

- 13

- 00629

- CR

Ismael CRUZ

, Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR 5658

Honorable Ray Olivarri, Judge Presiding



### ORDER

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Marialyn Barnard, Justice

The panel has considered the Appellant ’ s Motion for Rehearing, and the motion is

DENIED.

_________________________________ Sandee Bryan Marion, Justice

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

court on this 19th day of December, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
Ex 10.4 Description of Amendment to Employment Letter BS






EXHIBIT 10.4




DESCRIPTION OF AMENDMENT TO EMPLOYMENT LETTER


On January 19, 2010, an original offer letter was provided to Brian Swanson and subsequently amended. The summary below represents the understanding of the parties as of July 1, 2012 with respect to employment of Mr. Swanson:


		
	•
	Base compensation: $165,000 per year, reviewed annually;




		
	•
	Annual bonus target of 30% of annual salary payable in any combination of cash or restricted stock units of common stock of BofI Holding, Inc. (“RSUs”) with performance evaluated and bonus paid semi-annually. The amount of the bonus may be reduced to zero or increased above 30% for outstanding performance at any time based solely upon the judgment and discretion of the CEO or the Board.  The RSUs granted for bonus will vest over future employment service, generally within three years, and the mix of cash and RSUs may change at the discretion of the CEO or the Board.
#### In the Matter of the Application of Edward V. Brown, Jr., Appellant, for an Order Establishing the Authority of Hon. William P. Platt, County Judge of Westchester County, to Act in the Place and Stead of Hon. Frank V. Millard, Surrogate of the County of Westchester, in a Proceeding now Pending before Said Surrogate, Entitled “In the Matter of the Probate of a Paper Writing Purporting to be the Last Will and Testament of Edward V. Brown, Deceased." Florence A. Corey, Respondent.

Order affirmed, with ten dollars costs and disbursements. No opinion. Hirschberg, P. J., Woodward, Jenks, Gaynor and Miller, JJ., concurred.
| | CERTIFICATION | Exhibit 13.1
| | ------------- | ------------



Pursuant to 18 U.S.C. Section 1350, I, Weidong Hong, Chief Executive
Officer of Yucheng Technologies Limited (the “Company”), certify, to myknowledge, that the Company’s annual report
on Form 20-F for the year ended December 31, 2009 (the “Report”) fully complies with the requirements ofSection 13(a)
or 15(d), as applicable, of the Securities Exchange Act of 1934, and that the information contained in the Report fairly presents,
in all materialrespects, the financial condition and results of operations of the Company.



Date: April 27, 2012



|/s/ Weidong Hong               | 
|------------------------------ | 
|Name: Weidong Hong             | 
|Title: Chief Executive Officer | 



The foregoing certification is being furnished solely pursuant
to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.
**EXHIBIT23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTINGFIRM**

 

We consent to the incorporation by referencein Registration Statement No. 333-146197 on Form S-3 of our reportsdated March 13, 2009, relating to the consolidated financial statements ofBuckeye GP Holdings L.P. and subsidiaries, formerly MainLine L.P. andsubsidiaries, (which report expressesan unqualified opinion and includes an explanatory paragraph regardingthe adoption of the provisions of Statement of Financial Accounting Standards No. 158,“Employers’ Accounting for Defined Benefit Pension and Other PostretirementPlans, an amendment of FASB Statements No. 87, 88, 106, and 132(R),” as ofDecember 31, 2006), and theeffectiveness of Buckeye GP Holdings L.P. and subsidiaries’ internal controlover financial reporting, appearing in this Annual Report on Form 10-K ofBuckeye GP Holdings L.P. for the year ended December 31, 2008.

 

 

DELOITTE &TOUCHE LLP

 

Philadelphia, PennsylvaniaMarch 16, 2009

 

----
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-20959 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CANUTO GUZMAN GAITAN, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CR-35-7

- - - - - - - - - - September 23, 1998 Before DAVIS, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM: * Canuto Guzman Gaitan has appealed his guilty-plea sentence for conspiracy to possess heroin with intent to distribute it, in violation of 21 U.S.C. § 846. Gaitan contends that the district court erred (1) by concluding that it could not depart downward from the sentencing guideline range, and (2) by sentencing him as a “career offender.”No. 97-20959 -2- Gaitan’s plea agreement provides that he has waived his right to appeal his sentence unless it is the result of an upward

departure. Our review of the record convinces us that the waiver was informed and voluntary, so it is binding on Gaitan. See United States v. Portillo , 18 F.3d 290, 292-93 (5th Cir. 1994). His waiver bars Gaitan from presenting his two appellate claims. Accordingly, Gaitan’s appeal is DISMISSED for lack of arguable merit. See 5 TH C IR . R. 42.2. APPEAL DISMISSED.
#### Swalina et al., *v.*Pisalski, Appellant.

*52Argued October 27, 1937.

Before Keller, P. J., Cunningham, Baldrige, Stadteeld, Parker, James and Bhodes, JJ.

*John L. Pipa, Jr.,*for appellant.

*Daniel W. Kearney,*for appellees.

November 10, 1937:

Per Curiam,

These appeals are governed in principle by the cases of *Maltz v. Carter,*311 Pa. 550, 166 A. 852, and *Knox v. Simmerman,*301 Pa. 1, 151 A. 678, which hold that where an automobile, which is being driven on a dry road in daylight, or on a clear moonlight night, without congestion of traffic, suddenly swerves from the road and runs into a pole alongside the road, the occurrence is so unusual and out of the normal as to call for an explanation from the driver-; and in the absence of a satisfactory explanation the jury may infer that the accident arose from a want of due care.

The facts in the present case are more favorable to *53the plaintiffs than those cited, for here there was evidence that the driver, while the car was in motion, diverted his attention from the road and reached down to do something on the floor of the car, and while he was looking and reaching downwards the car swerved to the left and went across the road and ran into the pole injuring the minor plaintiff. This was sufficient to take the case to the jury.

The explanation given by the defendant on the trial was that a tire blew out causing the car to run into the pole; but this did not accord with his statements immediately following the occurrence and evidently was not believed by the jury. The case was clearly for the jury.

The refusal of the trial judge to enter a compulsory nonsuit is not assignable as error: *Morgan v. Duquesne Boro.,*29 Pa. Superior Ct. 100; *McAmbley v. Martin,*100 Pa. Superior Ct. 593, 596; *Carroll v. Hannan,*289 Pa. 65, 67, 137 A. 127. The first assignment of error is dismissed; the other assignments are overruled.

The judgments are affirmed.
Exhibit 21.1

BUCKEYE GP HOLDINGS L.P.  SUBSIDIARIES OF THE REGISTRANT  AS OF DECEMBER 31, 2007

Subsidiary

Jurisdiction of
OrganizationBuckeye GP LLC

DelawareBuckeye Partners, L.P

DelawareBuckeye Pipe Line Company, L.P.

DelawareBuckeye Pipe Line Holdings, L.P.

DelawareEverglades Pipe Line Company, L.P

DelawareLaurel Pipe Line Company, L.P.

DelawareWood River Pipe Lines LLC

DelawareBuckeye Pipe Line Transportation LLC

DelawareBuckeye NGL Pipe Lines LLC

DelawareBuckeye Energy Holdings LLC

DelawareBuckeye Gas Storage LLC

DelawareBuckeye Terminals, LLC

DelawareNorco Pipe Line Company, LLC

DelawareBuckeye Gulf Coast Pipe Lines, L.P.

DelawareBuckeye Gulf Coast Holdings I, LLC

DelawareBuckeye Gulf Coast Holdings II, LLC

DelawareBuckeye Products Pipe Line, L.P.

DelawareBuckeye Texas Pipe Line Company, L.P.

DelawareGulf Coast Pipe Line, L.P.

DelawareGulf Coast/Products GP Holding LLC

DelawareGulf Coast/Products Holding L.P.

DelawareFerrysburg Terminal LLC

DelawareMainLine GP, Inc

DelawareMainLine L.P

DelawareWesPac PipelinesSan Diego LLC

NevadaWesPac PipelinesReno LLC

NevadaWesPac PipelinesMemphis LLC

Nevada


---



QuickLinks
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-2697

MUHAMMAD WALIYULLAH KARIM ABDUL QADIR,

Plaintiff - Appellant,

versus

EVERETTE TAYLOR,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Dennis W. Shedd, District Judge.

(CA-95-920-19BC)

Submitted: January 11, 1996 Decided: January 23, 1996

Before RUSSELL, HALL, and WILKINSON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Muhammad Waliyullah Karim Abdul, Appellant Pro Se. Andrew Foster

McLeod, GRIGGS, SPRUILL & HARRIS, Cheraw, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order accepting

the magistrate judge's recommendation and denying relief on his 42

U.S.C. § 1983 (1988) complaint. We have reviewed the record and the

district court's opinion and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. Qadir v. Taylor,

No. CA-95-920-19BC (D.S.C. Aug. 21, 1995). We deny Appellant's motion for a protective order and 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.

AFFIRMED
Exhibit 32.2

SECTION 906 CERTIFICATION

In connection with
the Annual Report on Form 10-K of Porter Bancorp, Inc. (the Company) for the annual period ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David
B. Pierce, Chief Financial Officer of the Company, do hereby certify, in accordance with 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), 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                      |  |                        
|--------------------- |  | -------------------- |  | -----------------------
|                      |  | PORTER BANCORP, INC.
|                      |  |                     
|Dated: March 15, 2010 |  | By:                  |  | /s/ David B. Pierce    
|                      |  |                      |  | David B. Pierce        
|                      |  |                      |  | Chief Financial Officer



86
EXHIBIT 10.2









Agreement for Professional Services











FIRST AMENDMENT OF AGREEMENT FOR


PROFESSTIONAL SERVICES






by and between




TRUSSNET USA, INC. (a Delaware corporation)




and




TRUSSNET USA, INC. (a Nevada corporation)

















First Amendment to


Agreement for Professional Services





This First Amendment to Agreement for Professional Services, effective as of October 1, 2009 (“First Amendment”), amends that certain Agreement for Professional Services (“Agreement”) by and between Trussnet USA, Inc., a Delaware corporation (“TND”, and Trussnet USA, Inc., a Nevada corporation (“TNN”). Section references in this First Amendment correspond to the equivalent Section of the Agreement.




The Agreement is hereby amended by deleting the original Section 4 and inserting the following Section 4:




4.Payment





TNN shall pay TND for the Services it provides to TNN and TND’s standard hourly rates and/or based upon a fixed fee for specific Services.  Hourly time charges are subject to change by TND upon thirty (30) days prior written notice.  Within ten (10) days after the end of each calendar month during the term of this Agreement, or at such other intervals as TNN and TND mutually agree, TND shall submit an invoice to TNN generally describing the Services during the prior month or agreed upon time interval and identifying the amount of compensation due TND for Services it has provided to TNN.  TNN shall pay TND’s invoice for the Services performed to date in installments of Ten Million Dollars ($10,000,000) per month, effective October 1, 2009, and the first day of each succeeding month (“Payment Due Date”), until paid in full.




All amounts now or subsequently due and unpaid to TND for Services shall be converted into shares of Series A Common Stock (“Shares”) of TNN’s parent company, China Tel Group, Inc. at a conversion price equal to the lesser of: (i) ninety-five ($0.95); or (ii) eighty percent (80%) of the volume weighted average of the closing bid price for the Shares on the Over The Counter Bulletin Board Exchange for the ten (10) day period prior to each Payment Due Date.




Except as expressly amended by this First Amendment, all other terms of the Agreement remain in full force and effect.




Trussnet USA Inc. (Delaware)






By: /s/ Christopher B. Young


Printed Name: Christopher B. Young


Title: Chief Operating Officer






Trussnet USA, Inc. (Nevada)






By: /s/ George Alvarez


Printed Name: George Alvarez


Title: Chief Executive Officer
Exhibit 32.2

Certification of Chief Financial 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 Chyron Corporation (the "Company") on Form 10-Q for the quarter ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jerry Kieliszak, Senior Vice President and 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:

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

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

Dated:  November 10, 2005

| | /s/ Jerry Kieliszak      
| | -------------------------
| | Jerry Kieliszak          
| | Senior Vice President and
| | Chief Financial Officer  
| |