alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# FILED

December 29, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT JA CKSON

CEDRIC LAF

ONTE FRANK

LIN , )

) Petitioner, ) C. C. A. NO. 02C01-9809-CC-00289 ) vs. ) LAUDERDALE C OUNTY ) STATE OF TENN ESSEE, ) No. 5153 ) Respondent. )

O R D E R

This matter is before the Court u pon motion of the state to affirm the judgment of the trial court by order rather than formal opini on. See Rule 20, Rules of the Court of Criminal Appeals. This case represents an appea l from the trial court’s dismissal of the petitioner’ s petition for writ of habeas corpus. On August 3, 1993, t he petitioner was indict

ed on one count of first degree murder , one count of first degree felony murder, and one count of especi ally aggravat ed robbery. On January 21, 1994, the petitioner pled guilt y to second degree murder and especially agg ravated robbery. No appeal was taken. In hi s present petition, the petit ioner claims that his conv iction for second degree murder is v oid because second degree murder is not a lesser included offense of felony murder. The trial cour t found the petitioner was not entitled to habeas corpus relief and dismissed t he petition.

Habeas corpus relief is available in Tennessee only when “it appears upon the face of the judgment or t he record of the proceedings upon which the judgment is rendered” t hat a convicting court w

as without jurisdic

tion or authority to sentence a defendant, or that a defendant’s s entence of imprisonment or other restr aint has expired. Archer v. State , 851 S.W.2d 157, 164 (Tenn. 1993). The petitioner’s s entence has not expired. Additionally , the judgment in this case clearly establishes that the convicting court had jurisdiction t

o convict the petitioner of second degree murder. The petit ioner was indicted for premeditat ed first degree murder in add ition to felony first degr ee murder. Second degree murder is a lesser included offen se of premeditated first2

degree murder. See e.g. State v. Belser , 945 S.W.2d 776, 790 (Tenn. Crim. App. 1996). Contrary to the petitioner’s argument, the two separate counts of the first degree murder indictment w ould not “merge” at tri al. See State v. Gautney , 607 S.W.2d 907 (Tenn . Crim. App. 1980).

Accordingly, for the r

easons stated above, it is hereby ORDERED that t he state’s motion is granted and the judgment of the trial court is af firmed in accordance with Rule 20, Rules of the Court of Criminal Appeals. Costs of this appeal shall be taxed to the state.

______________________________ JOE G. RILEY, JUDGE

______________________________ DAVID G. HAYES, JUDG E

______________________________ JOHN EVERETT WILLIAMS, JUDGE
#### S. William GREEN et al., Plaintiffs-Appellants, v. SANTA FE INDUSTRIES, INC., et al., Defendants-Appellees. Arnold MARSHEL, Plaintiff-Appellant, v. AFW FABRIC CORPORATION et al., Defendants-Appellees. Barry L. SWIFT, Plaintiff-Appellant, v. CONCORD FABRICS, INCORPORATED, et al., Defendants-Appellees.

Nos. 75-7256 and 75-7404.

United States Court of Appeals, Second Circuit.

March 10, 1976.

*1310KAUFMAN, Chief Judge, and GURFEIN, Circuit Judge did not participate in the poll.

PER CURIAM.

This Court has denied en banc, 2 Cir., 533 F.2d 1277, not because we believe these eases are insignificant, but because they are of such extraordinary importance that we are confident the Supreme Court will accept these matters under its certiorari jurisdiction, as we correctly anticipated in *Eisen v. Carlisle & Jacquelin,*479 F.2d 1005, 1020 (2d Cir. 1973), *vacated,*417 U.S. 156, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974).

Even under the best of circumstances, an en banc proceeding is often an unwieldly and cumbersome device generating little more than delay, costs, and continued uncertainty that can ill be afforded at a time of burgeoning calendars. A case in which Supreme Court resolution is inevitable should not be permitted to tarry in this Court for further intermediate action, at best, except when the views of this Court would be of real benefit to the Supreme Court. And, en banc is particularly inappropriate and unsatisfactory in the cases before us, since two of our active judges are disqualified from participating. With four senior judges sitting if these cases had been en banced, the law of the circuit might well be charted with the concurrence of only a minority of the active judges — defeating the very purpose the en banc procedure is designed to serve.

Moreover, the applications for certiorari that we expect inexorably to follow our -• action will not reach the Supreme Court devoid of the views of the judges of this Court. In contrast to the Pentagon Papers case — where this Court convened en banc but, due to urgent considerations of time, did not write opinions — these cases will go to the Supreme Court with full and thoughtful expositions of the opposing views of several members of this Court.

Accordingly, we speed these cases on their way to the Supreme Court as an exercise of sound, prudent, and resourceful judicial administration.
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 this Annual Report on Form 10-K of Susser Holdings Corporation (the Company) for the fiscal year ended December 31, 2006
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Mary E. Sullivan, Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002 that:



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



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



|                    |  |                             |  |                                                                      
|------------------- |  | --------------------------- |  | ---------------------------------------------------------------------
|Date: April 2, 2007 |  | SUSSER HOLDINGS CORPORATION
|                    |  |                            
|                    |  | By                          |  | /s/    MARY E.
SULLIVAN                                              
|                    |  |                             |  | Mary E. Sullivan Executive Vice President and Chief Financial Officer

This certification accompanies this Report on Form 10-K pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
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 the Interior

###### Bureau of Land Management 

          - [NM-920-1310-08; TXNM 118213] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice of Reinstatement of Terminated Oil and Gas Lease. 

# SUMMARY:

Under the Class II provisions of Title IV, Public Law 97-451, the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease TXNM 118213 from the lessee, Woodward Development LLC, for lands in Houston County, Texas. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. 

# FOR FURTHER INFORMATION CONTACT:

Lourdes B. Ortiz, BLM, New Mexico State Office, at (505) 438-7586. 

# SUPPLEMENTARY INFORMATION:

                    No valid lease has been issued that affects the lands. The lessee agrees to new lease terms for rentals and royalties of $10.00 per acre or fraction thereof, per year, and 16                    2/3                     percent, respectively. The lessee paid the required $500.00 administrative fee for the reinstatement of the lease and $166.00 cost for publishing this Notice in the                     **Federal Register**                    . The lessee met all the requirements for reinstatement of the lease as set out in Sections 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate lease TXNM 118213, effective the date of termination, June 1, 2008, under the original terms and conditions of the lease and the increased rental and royalty rates cited above.                 

Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. 

Dated: September 9, 2008. 

Lourdes B. Ortiz, 

Land Law Examiner, Fluids Adjudication Team.

[FR Doc. E8-21425 Filed 9-12-08; 8:45 am] 

BILLING CODE 4310-FB-P
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                    Form 13F

                               Form 13F COVER PAGE

Report for the Calendar Year or Quarter Ended:  September 30, 1999

Check here if Amendment [    ]; Amendment Number: ____
    This Amendment (Check only one.): [    ] is a restatement.
                                      [    ] adds new holdings entries.

Institutional Investment Manager Filing this Report:

Name:      The Robinson-Humphrey Company, LLC
Address:   3333 Peachtree Road, N.E.
           Atlanta, Georgia 30326

Form 13F File Number:              28-4442

The institutional investment manager filing this report and the person by whom
it is signed hereby represent that the person signing the report is authorized
to submit it, that all information contained herein is true, correct and
complete, and that it is understood that all required items, statements,
schedules, lists, and tables, are considered integral parts of this form.

Person Signing this Report on Behalf of Reporting Manager:

Name:      David C. Prince
Title:     General Counsel
Phone:     (404) 264-4210

Signature, Place, and Date of Signing:

/s/ David C. Prince        Atlanta, Georgia          November 12, 1999
-------------------

Report Type (Check only one.):

[   ] 13F  HOLDINGS  REPORT.   (Check  here  if  all  holdings  of  this
      reporting manager are reported in this report.)

[ X ] 13F NOTICE. (Check here if no holdings reported are in this report,
      and all holdings are reported by other reporting manager(s).)

[   ] 13F COMBINATION REPORT. (Check here if a portion of the holdings for
      this reporting manager are reported in this report and a portion are
      reported by other reporting manager(s).)

List of Other Managers Reporting for this Manager:

Form 13F File Number 28-2427
Name:  Citigroup Inc.
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

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Center for Research Resources Special Emphasis Panel; Science Education Applications.                    

*Date:*                         October 14, 2008.                    

*Time:*                         12 p.m. to 2 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                         Michael L. Bloom, PhD, Scientific Review Officer, Office of Review, National Center for Research Resources, 6701 Democracy Blvd., Room 1090, Bethesda, MD 20892, 301-435-0965,                         *bloomm2mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research; 93.371, Biomedical Technology; 93.389, Research Infrastructure, 93.306, 93.333, National Institutes of Health, HHS)

Dated: September 8, 2008.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E8-21363 Filed 9-16-08; 8:45 am]

BILLING CODE 4140-01-M
<PAGE>

                                                                    Exhibit 10.6

                      NON-EMPLOYEE DIRECTORS' COMPENSATION

      Each non-employee director of Forrester Research, Inc. receives an annual
retainer of $10,000, payable quarterly in arrears, and members of the Audit
Committee of the Board of Directors receive $1,500 for each meeting they attend,
with the Chairman of the Audit Committee receiving an additional $5,000 per
year. In addition, members of the Board of Directors are reimbursed for expenses
incurred in attending any meeting of the Board of Directors or a Committee
thereof.
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                    Form 13F

                               Form 13F COVER PAGE

Report for the Calendar Year or Quarter Ended:  September 30, 1999

Check here if Amendment [    ]; Amendment Number: ____
    This Amendment (Check only one.): [    ] is a restatement.
                                      [    ] adds new holdings entries.

Institutional Investment Manager Filing this Report:

Name:      Citicorp Trust, N.A. (Florida)
Address:   400 Royal Palm Way
           Palm Beach, Florida 33480

Form 13F File Number:              28-7572

The institutional investment manager filing this report and the person by whom
it is signed hereby represent that the person signing the report is authorized
to submit it, that all information contained herein is true, correct and
complete, and that it is understood that all required items, statements,
schedules, lists, and tables, are considered integral parts of this form.

Person Signing this Report on Behalf of Reporting Manager:

Name:      Fernando Alvarez
Title:     Treasurer
Phone:     (561) 653-3113

Signature, Place, and Date of Signing:

/s/ Fernando Alvarez          Palm Beach, Florida        November 12, 1999
--------------------

Report Type (Check only one.):

[   ] 13F  HOLDINGS  REPORT.   (Check  here  if  all  holdings  of  this
      reporting manager are reported in this report.)

[ X ] 13F NOTICE. (Check here if no holdings reported are in this report,
      and all holdings are reported by other reporting manager(s).)

[   ] 13F COMBINATION REPORT. (Check here if a portion of the holdings for
      this reporting manager are reported in this report and a portion are
      reported by other reporting manager(s).)

List of Other Managers Reporting for this Manager:

Form 13F File Number 28-2427
Name:  Citigroup Inc.
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



Pursuant
to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned officers
of Rand Capital Corporation (the “Company”), does hereby certify, to such officer’s knowledge, that:



The
Quarterly Report on Form 10-Q for the quarter ended September 30, 2020 (the “Form 10-Q”) of the Company fully complies
with the requirement of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Form
10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|Dated:
    November 6, 2020 |                                   
|--------------------------- | ----------------------------------
|                            |                                   
|                            | /s/
    Allen F. Grum             
|                            | Allen
    F. Grum, President      
|                            | (Chief
    Executive Officer)     
|                            |                                   
|Dated:
    November 6, 2020 |                                   
|                            |                                   
|                            | /s/
    Daniel P. Penberthy       
|                            | Daniel
    P. Penberthy, Treasurer
|                            | (Chief
    Financial Officer)
#### The State, ex rel. Lanker, *v.*Kelsey.1

(No. 24315

Decided October 25, 1933.)

*Mr. O. V. Anderson,*for relator.

*Mr. J. E. Helman,*for respondent.

1

 Reporter’s Note: For decision on motion for judgment on pleadings, see *post,*588.

This cause came on to be heard upon the demurrer of the relator to the second defense of the respondent’s answer and was argued by counsel. On consideration whereof it is ordered and adjudged that said demurrer be, and the same hereby is, overruled for the reason that the same essential issues raised by the petition and the second defense of the answer herein were heretofore adjudicated in an action between the parties hereto instituted in the Court of Appeals, which rendered final judgment on demurrer and this court dismissed a petition in error which had not been filed within the period provided by law,2 which judgment of the Court of Appeals remains unreversed, unmodified and in full force and effect.

Thirty days are granted to relator to plead further.

*Demurrer overruled.*

Weygandt, C. J., Allen, Stephenson, Jones and Matthias, JJ., concur.

Zimmerman, J., not participating.

2

126 Ohio St., 599.
Exhibit 35

 

 

SERVICER’S ANNUAL CERTIFICATION 

MECHANICS BANK

PURSUANT TO SECTION 4.10 OF THE SALE AND SERVICING AGREEMENT 

 

This Servicer’s Annual Certification is delivered pursuant to a sale and servicing agreement dated as of June 1, 2018 (the “Sale and Servicing Agreement”) by and among, California Republic Auto Receivables Trust 2018-1, California Republic Funding, LLC, Mechanics Bank, as Seller, Servicer, Administrator, Calculation Agent and Custodian (in such capacity, the “Servicer”), and U.S. Bank National Association, as indenture trustee (the “Indenture Trustee”). All capitalized terms used but not defined herein shall have the meaning assigned thereto in Appendix A to the Sale and Servicing Agreement. 

The undersigned, a Responsible Officer of the Servicer, hereby certifies that: 

1.        A review of the activities of the Servicer and of the performance of its obligations under the Sale and Servicing Agreement during the period from January 1, 2019 to and including December 31, 2019 (the “Review Period”) was conducted under my supervision. 

2.        To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreement in all material respects throughout the Review Period. 

 

 

[SIGNATURE APPEARS ON NEXT PAGE] 

 

 

 

----

 

IN WITNESS WHEREOF, the undersigned, in my capacity as specified below, has caused this certificate to be executed as of the date indicated below.  

 

|                                  |                                                             |
|----------------------------------|-------------------------------------------------------------|
| Dated:  March 25, 2020 | /s/ Nathan J. Duda

Nathan J. Duda

Chief Financial Officer |
#### Alvin Ray TAYLOR, Appellant, v. The STATE of Texas, Appellee.

No. 45524.

Court of Criminal Appeals of Texas.

July 12, 1972.

Tipton, Bishop & Company by William D. Tipton, Houston (appointed counsel on appeal), for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Jim Skelton, Asst. Dist. Attys., Houston, and Jim D. Vollers, State’s Atty., and Robert A. Huttash, Asst. State’s Atty., Austin, for the State.

OPINION

MORRISON, Judge.

This is an appeal from an order revoking probation.

The record reflects that appellant entered a plea of guilty to the offense of Sodomy on April 7, 1969; his punishment was assessed at five (5) years, and he was placed on probation. No appeal was taken from that convictiqn. See Article 42.12, Vernon’s Ann.C.C.P.

One of the conditions of probation was that he “commit no offenses against the laws of this or any other State or the United States.”

At a hearing on March 26, 1970, the appellant’s probation was revoked on proof in support of the State’s motion which alleged that appellant committed the offense of shoplifting.

Appellant’s two contentions on appeal are that the original conviction for Sodomy is *void*
      *1*
      **because the statute is unconstitutional and that the second count of the indictment charging the said offense was vague and indefinite.

*247This is a collateral attack on the judgment on which probation was granted and is without merit. It has long been the rule in this State that the appellant may not rely upon errors which allegedly occurred at his original trial on an appeal from his revocation of probation. Carnes v. State, 478 S.W.2d 940 (Tex.Cr.App.1972); Hungerford v. State, 474 S.W.2d 242 (Tex.Cr.App.1971); McAlpine v. State, 462 S.W.2d 315 (Tex.Cr.App.1971); Higdon v. State, 436 S.W.2d 541 (Tex.Cr.App.1968); Hoskins v. State, 425 S.W.2d 825 (Tex.Cr.App.1967); Campbell v. State, 420 S.W.2d 715 (Tex.Cr.App.1967).

The judgment is affirmed.

. This Court has held that Article 524, Vernon’s Ann.P.C. is not unconstitutional. Pruett v. State, 463 S.W.2d 191.