alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ATTORNEYS FOR APPELLANTS ATTORNEY FOR APPELLEES

James D. Johnson Curtis T. Hill, Jr.

Blair M. Gardner Attorney General of Indiana

Jackson Kelly PLLC

Evansville, Indiana Frances Barrow

Deputy Attorney General

Indianapolis, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court

_________________________________

No. 31S01-1710-CT-647

VIRGINIA GARWOOD AND KRISTEN GARWOOD,

Appellants (Plaintiffs below),

 v.

STATE OF INDIANA, ET AL.,

Appellees (Defendants below). 

_________________________________

Appeal from the Harrison Circuit Court, No. 31C01-1105-CT-24

The Honorable John T. Evans

_________________________________

On Petition to Transfer from the Indiana Court of Appeals, No. 31A01-1603-CT-679

_________________________________

October 11, 2017

Per Curiam.

Following a jury trial and the entry of judgment against one defendant, Virginia and 

Kristen Garwood appealed and the defendant cross-appealed. The Court of Appeals affirmed in 

part and reversed in part. See Garwood v. State, 77 N.E.3d 204 (Ind. Ct. App. 2017). The 

Garwoods petition to transfer.
2

We grant transfer for the limited purpose of vacating only that section of the Court of 

Appeals opinion addressing subject matter jurisdiction. We summarily affirm the remainder of 

the opinion. See Ind. Appellate Rule 58(A)(2). In addressing jurisdiction, the Court of Appeals 

opinion cites Garwood v. Indiana Department of State Revenue, 24 N.E.3d 548 (Ind. Tax Ct. 

2014), but that opinion was vacated by our “Published Order” issued February 8, 2016. Due to a 

clerical error, our Published Order was not sent to Thomson Reuters at that time. Therefore, when 

the Court of Appeals issued its opinion, the Published Order was not reported in the Northeastern 

Reporters or on Westlaw, which has since been corrected. See Garwood v. Indiana Dep’t of State 

Revenue, 79 N.E.3d 903 (Ind. 2016). The Published Order resolved the issue of subject matter 

jurisdiction based on the parties’ representations at oral argument. 

All Justices concur.
#### Wade Nolan CLAY, Petitioner-Appellant, v. Terry STEWART, Director, Respondent-Appellee.

No. 00-15723.

D.C. No. CV-97-00714-ROS.

United States Court of Appeals, Ninth Circuit.

Submitted March 10, 2002.*

Decided March 17, 2003.

Before CANBY, O’SCANNLAIN, and T.G. NELSON, Circuit Judges.

*

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

MEMORANDUM**

Arizona state prisoner Wade Nolan Clay appeals pro se the denial of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, *Shumway v. Payne, 223 F.3d 982,*984 (9th Cir.2000), and we affirm in part and reverse in part.

Clay contends that the district court erred in finding that his petition contained unexhausted issues. He first argues that he fairly presented the issue of a particular juror’s misconduct as a federal constitutional issue when he cited federal case law in his direct appeal.

In order to exhaust a claim, appellant must have fairly presented it as a federal issue by specifically indicating to the state court that the claim was based on federal law. *See id.*at 987-88. That indication must be explicit, by either citing federal law or the decision of federal courts. *Gatlin v. Madding,*189 F.3d 882, 889 (9th Cir.1999).

Upon review of the record, we conclude that Clay fairly presented this issue in his direct appeal to the Arizona Court of Appeals when he cited to federal case law and the discussion therein. Accordingly, we remand this issue to the district court for an evaluation on the merits. *See Lyons v. Crawford,*232 F.3d 666, 670 (9th Cir.2000), *as modified by*247 F.3d 904 (9th Cir.2001).

Clay also contends that he exhausted two other issues by presenting them in a *724petition for review before the Arizona Supreme Court. However, under Arizona law, a claim not raised in the trial court or the first appeal is waived. *See State v. Schackart,*190 Ariz. 288, 947 P.2d 315, 337 (1997) (en banc). Accordingly, these claims were not properly exhausted. Because Clay has failed to establish cause and prejudice for his procedural default, or that a fundamental miscarriage of justice resulted from the alleged constitutional violation, this court is barred from reviewing these two issues. *See Coleman v. Thompson,*501 U.S. 722, 729-30, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991).

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 09-cr-35-01-JL

Freddie Delavega

O R D E R

The assented to motion to reschedule jury trial (document no.

14) filed by defendant is granted.

Defendant shall file a waiver of speedy trial rights within 10

days. The court finds that the ends of justice served by granting

a continuance outweigh the best interest of the public and the

defendant in a speedy trial, 18 U.S.C. § 3161(h)(8)(B)(iv), for the

reasons set forth in the motion.

SO ORDERED.

/s/Joseph N. Laplante

Joseph N. Laplante

United States District Judge

Date: March 19, 2009

cc: Thomas F. McCue, Esq.

Donald A. Feith, Esq.

U.S. Marshal

U.S. Probation

Case 1:09-cr-00035-JL Document 15 Filed 03/19/09 Page 1 of 1
Exhibit 32.1

Certification Pursuant to 18 U.S.C. Section 1350,

As Adopted Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Western Pennsylvania Adventure Capital Fund, LLC on Form 10-Q for the period ended
March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, G. Richard Patton, President, Chief Executive Officer of Western Pennsylvania Adventure Capital Fund, LLC certify to the best of
my knowledge, pursuant to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 906 of the Sarbanes-Oxley Act of 2002, that:



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



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Western Pennsylvania Adventure Capital Fund,
LLC.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                               
|-----------------------------------------------
|/s/ G. Richard Patton                          
|G. Richard Patton                              
|President, Chief Executive Officer and Director
|May 9, 2007                                    

A signed original of this written statement required by Section 906 has been provided to Western Pennsylvania
Adventure Capital Fund, LLC and will retained by Western Pennsylvania Adventure Capital Fund, LLC and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.2

I, John Lackland, Chief Financial Officer of Power Efficiency Corporation, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | 1. | the Quarterly Report on Form 10-QSB of the Company for the quarter ended September 30, 2005 (the Report) fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 (U.S.C. 78m or 78o(d)); 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: November 14, 2006
|                        | 
|BY:                     |  | /s/ John Lackland      
|                        |  | John Lackland          
|                        |  | Chief Financial Officer

The foregoing certification is being furnished solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of a separate disclosure document.
<TABLE> <S> <C>

<ARTICLE> BD 
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENTS OF FINANCIAL CONDITION AND THE CONSOLIDATED STATEMENTS
OF EARNINGS AS OF DECEMBER 1997 AND FOR THE YEAR THEN ENDED AND THE NOTES
THERETO AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS FILED IN THE 1997 JEFFERIES GROUP, INC. 10-K FILING.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR 
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997 
<PERIOD-END>                               DEC-31-1997
<CASH>                                         109,488
<RECEIVABLES>                                  238,721
<SECURITIES-RESALE>                                  0
<SECURITIES-BORROWED>                        1,197,227
<INSTRUMENTS-OWNED>                            245,413
<PP&E>                                          42,828
<TOTAL-ASSETS>                               2,099,542
<SHORT-TERM>                                         0
<PAYABLES>                                     217,828
<REPOS-SOLD>                                         0
<SECURITIES-LOANED>                            966,132
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<LONG-TERM>                                    149,290
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           224
<OTHER-SE>                                     242,532
<TOTAL-LIABILITY-AND-EQUITY>                 2,099,542
<TRADING-REVENUE>                              177,214
<INTEREST-DIVIDENDS>                            70,740
<COMMISSIONS>                                  305,737
<INVESTMENT-BANKING-REVENUES>                  236,355
<FEE-REVENUE>                                        0
<INTEREST-EXPENSE>                              61,466
<COMPENSATION>                                 409,979
<INCOME-PRETAX>                                115,950
<INCOME-PRE-EXTRAORDINARY>                     115,950
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    63,567
<EPS-PRIMARY>                                     2.95
<EPS-DILUTED>                                     2.80
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000718943
<NAME> DYCO OIL AND GAS PROGRAM 1982-1 LIMITED PARTNERSHIP
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                          29,087
<SECURITIES>                                         0
<RECEIVABLES>                                   46,151
<ALLOWANCES>                                         0
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<CURRENT-ASSETS>                                75,238
<PP&E>                                      52,568,885
<DEPRECIATION>                              52,352,808
<TOTAL-ASSETS>                                 351,285
<CURRENT-LIABILITIES>                            6,648
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     289,257
<TOTAL-LIABILITY-AND-EQUITY>                   351,285
<SALES>                                        263,331
<TOTAL-REVENUES>                               263,538
<CGS>                                                0
<TOTAL-COSTS>                                  278,600
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (15,062)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (15,062)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (15,062)
<EPS-PRIMARY>                                   (1.00)
<EPS-DILUTED>                                        0
        

</TABLE>
<Page>

                                                                    Exhibit 32.1

                    PRINCIPAL EXECUTIVE OFFICER CERTIFICATION
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of Vita Food Products, Inc. (the
"Company") on Form 10-Q for the fiscal quarter ended June 30, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned, in the capacity and on the date indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that: (1) the Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;
and (2) the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


Date: August 13, 2004                             /s/ Stephen D. Rubin
                                               -----------------------------
                                                   Stephen D. Rubin,
                                                       President
                                               (Principal Executive Officer)

                                       20
#### In the Matter of Richard Ravalli, Petitioner, v D. Sullivan, as Hearing Officer at Elmira Correctional Facility, et al., Respondents.

[745 NYS2d 296]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

*739Petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct and fighting. The correction officer who authored the misbehavior report testified that he was on duty in the facility’s field house when violent fighting erupted among approximately 50 inmates. The use of chemical agents was required to bring the melee under control, following which correction officers recovered 10 weapons. At petitioner’s disciplinary hearing, the reporting officer identified petitioner as an individual whom he had seen punching other inmates. This testimony was corroborated by that of a second correction officer who testified that he had witnessed the incident in question and was able to identify petitioner as an inmate who had taken an aggressive part in the fighting.

The detailed misbehavior report and the testimony of the two correction officers who were eyewitnesses to petitioner’s conduct on the evening in question were sufficient to constitute substantial evidence of petitioner’s guilt (see, *Matter of Jimenez v Goord,*244 AD2d 683, 684; *see also, Matter of Garrastequi v Goord,*252 AD2d 638). The countervailing testimony given by petitioner and his inmate witnesses, in which they asserted that petitioner took no part in the fighting, presented an issue of credibility for the Hearing Officer to resolve (see, *Matter of De Leon v Lacy,*275 AD2d 828, 829; *Matter of Medina v Stinson,*251 AD2d 935). Petitioner’s remaining contentions, including his allegation of Hearing Officer bias, have been reviewed and found to be without merit.

Mercure, J.P., Spain, Carpinello, Rose and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
#### The Colonial Furniture Co. *v.*The Cleveland Union Terminal Co.

(No. 24662

— Decided March 28, 1934.)

*Messrs. Payer, Corrigan & Cook,*for plaintiff in • error.

*Messrs. Boyd, Brooks & Wickham,*for defendant in error.

It is ordered and adjudged that said petition in error be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.

*Petition in error dismissed.*

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

Allen, J., not participating.
EXHIBIT 10.2.1



 EXHIBIT 10.2.1 
  
 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT 
  
 This First Amendment to Employment Agreement is made this 29th day of March 2004, by Highland Hospitality, L.P., a Delaware
limited partnership (the “Company”), and Highland Hospitality Corporation, a Maryland Corporation (the “REIT”), each with its principal place of business at 8405 Greensboro Drive, Suite 500, McLean, VA 22102 and James L. Francis,
residing at 1006 Long Point Road, Grasonville, Maryland 21638 (the “Executive”). 
  
 WHEREAS, the Company and the REIT entered into that certain Employment Agreement dated October 24, 2003 (the “Employment Agreement”) with the Executive; 
  
 WHEREAS, the parties have agreed to amend the Employment Agreement to
reflect the fact that the REIT is the employing entity regularly paying the compensation to the Executive and the employing entity with primary responsibility for taking action with respect to Executive’s employment under the Employment
Agreement; and 
  
 WHEREAS, the parties desire to correct a
reference in Section 6(d)(vii)(C) of the Employment Agreement. 
  
 NOW THEREFORE, the parties agree as follows: 
  
 1. References in Sections 1, 4, 5 and 6 of the Employment Agreement to actions required or permitted to be taken by the “Company” shall be required or permitted to be taken by the “Company Group”. 
  
 2. The word “Company” in Section 6(d)(vii)(C) shall be replaced
with the word “REIT”. 
  
 3. Section 11(d) is amended to
read as follows: 
  
 “(d) Amendment. This Agreement
may be amended or modified only by a written instrument executed by both the REIT and the Executive, which amendment or modification is consented to by the Company.” 
  
 4. Section 11(g) is amended to read as follows: 
  
 “(g) Waiver. No delays or omission by the Company, the REIT or the Executive in exercising any right under this
Agreement shall operate as a waiver of that or any other right. A waiver or consent by the REIT shall not be effective unless consented to by the Company. A waiver or consent given by the Company Group or the Executive on any one occasion shall be
effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.” 
  

 -1- 








 IN WITNESS WHEREOF, the parties have executed this First Amendment to Employment Agreement as of
the day and year first above written. 
  

			
	 HIGHLAND HOSPITALITY, L.P.

		
	By:	 	 HHC GP Corporation, its general
 partner

		
	By:	 	 /s/    Tracy M. J. Colden

	 	 	

	 	 	 Tracy M. J. Colden
 Executive Vice
President

	
	 JAMES L. FRANCIS

	
	 /s/    James L. Francis

	

	
	 HIGHLAND HOSPITALITY CORPORATION

		
	By:	 	 /s/    Tracy M. J. Colden

	 	 	

	 	 	 Tracy M. J. Colden
 Executive Vice
President



  

 -2-
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

COREY MICHAEL SMITH
, Appellant,

v.

STATE OF FLORIDA
, Appellee.

No. 4D2023

- 2409

[ May 2, 2024 ]

Appeal from the County Court for the Nineteenth Judicial Circuit,

Indian River County; Nicole P

. Menz, Judge; L.T. Case No.

312023MM001216A.

Carey Haughwout, Public Defender, and Summer Hill, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Pablo Tapia, Assistant Attorney G eneral, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed

.

G ROSS
, D AMOORGIAN and G ERBER
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 6Federal Reserve Bank of: AtlantaFilings received during the week ending June 22, 2019FilerFiling TypeFiling ProposalEnd of Comment PeriodTENNESSEE STATE BANCSHARES, INC.                                                                                        CICTennessee State Bancshares, Inc., Pigeon Forge, Tennessee, prior change in control notice to appoint Lawrence Andrew Proffitt as substitute trustee of the Voting Trust Agreement. This arrangement will give Mr. Proffitt the authority to vote more than 25 percent of the outstanding common stock of Tennessee State Bancshares, Inc., and thereby indirectly control Tennessee State Bank, both of Pigeon Forge, Tennessee, if the current trustee is unable to perform his duties. The Stockholder and the Trustee desire to extend the Voting Trust.Newspaper: 07/10/2019Federal Register: Not available
**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**

The undersigned officer of Pizza Inn, Inc. (the “Company”), does hereby certify, to such officer’s knowledge, that the accompanying Annual Report on Form 10-K for the fiscal year ended June 28, 2009, and filed with the Securities and Exchange Commission on the date hereof (the        “Form 10-K”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.

| Date: September 23, 2009 |   | By: | /s/  Charles R. Morrison      

President and Chief Executive Officer

(Principal Executive Officer) |
|--------------------------|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------|