alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-14-00297-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI—EDINBURG

ALEJANDRO BARRIENTES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 107th District Court

of Cameron County, Texas.

ORDER OF ABATEMENT

Before Justices Benavides, Perkes, and Longoria

Order Per Curiam

Appellant, Alejandro Barrientes, has filed a notice of appeal with this Court from 

his conviction in trial court cause number 2013-DCR-657-A. On December 12, 2014, we 

issued an order determining that appellant’s waiver of the right to appeal was invalid 

because the consequences of the waiver were uncertain at the time and he received no 
2

consideration for it. See Ex parte Delaney, 207 S.W.3d 794, 799 (Tex. Crim. App. 

2006). In the same order, we directed appellant’s counsel to prepare and file an 

appellate brief within thirty days.

The thirty-day deadline imposed by our previous order expired on January 

12, 2015. On January 21, 2015, counsel called this Court and stated that he would 

file a brief the following day, but no appellate brief or motion for extension of time 

has been received in this case. Accordingly, we now ABATE this appeal and 

REMAND the cause to the trial court for further proceedings pursuant to Rule 38.8(b)(2) 

and (3) of the Texas Rules of Appellate Procedure. Upon remand, the trial court shall 

utilize whatever means necessary to make appropriate findings and recommendations 

concerning the following: (1) whether appellant desires to prosecute this appeal; (2) why 

appellant's counsel has failed to file a brief and whether counsel has effectively 

abandoned the appeal; (3) whether appellant has been denied effective assistance of 

counsel; (4) whether appellant's counsel should be removed; and (5) whether appellant 

is indigent and entitled to new court-appointed counsel.

If the trial court determines that appellant does want to continue the appeal, that 

present counsel should be removed, and that appellant is indigent and entitled to 

court-appointed counsel, the trial court shall appoint new counsel to represent appellant 

in this appeal. If new counsel is appointed, the name, address, telephone number, and 

state bar number of the new counsel shall be included in an order appointing said counsel.

The trial court shall cause its findings and recommendations, together with any 

orders it may enter regarding the aforementioned issues, to be included in a supplemental 
3

clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record 

of any proceedings to be prepared. The supplemental clerk's record and supplemental 

reporter's record, if any, shall be filed with the Clerk of this Court on or before the 

expiration of twenty days from the date of this order.

It is so ORDERED.

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the

4th day of February, 2015.
Date,Total,Households,Business,State and local govts.,Federal
1998,6.6,7.8,11.7,6.2,-1.4
1999,6.4,8.4,10.8,3.3,-1.9
2000,5.0,9.1,9.3,1.4,-8.0
2001,6.3,9.6,5.8,8.8,-0.2
2002,7.3,10.8,2.6,11.1,7.6
2003,8.1,11.6,2.5,8.3,10.9
2004,8.9,11.1,6.2,7.4,9.0
2005,9.5,11.0,8.7,10.2,7.0
2006,9.0,10.2,10.5,8.1,3.9
2007,8.6,6.8,13.1,9.3,4.9
2007Q1,8.3,7.3,10.5,10.9,5.5
2007Q2,8.1,7.2,12.9,10.0,0.3
2007Q3,9.1,6.1,14.3,7.2,8.0
2007Q4,8.0,5.9,12.2,7.7,5.3
2008Q1,5.3,3.2,7.2,3.4,8.1
2008Q2,3.1,0.6,5.6,0.8,5.9
2008Q3,7.2,-0.8,2.9,2.9,39.2
Exhibit 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

I, J. Russell Porter, Chief Executive Officer of Gastar Exploration, Ltd. (the Company), hereby certify that the accompanying Annual Report on Form 10-K for 12 months ended December 31,
2009 (the Report), filed by the Company with the Securities and Exchange Commission on the date hereof pursuant to Section 13(a) or 15(d) of the Securities Exchange Act of 1934 fully complies with the requirements of that section.

I further certify that the information contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

Date: March 25, 2010



/s/ J. RUSSELL PORTERJ. Russell PorterChief Executive Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

LEWIS T. BABCOCK, JUDGE

Civil Action No. 11-cv-02652-LTB-BNB

OKLAND CONSTRUCTION COMPANY, INC., 

Plaintiff,

v.

THE PHOENIX INSURANCE COMPANY, a Connecticut insurance company; THE

TRAVELERS INDEMNITY COMPANY OF AMERICA, a Connecticut Insurance Company;

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Connecticut insurance

company; ST. PAUL SURPLUS LINES INSURANCE COMPANY, a Connecticut insurance

company; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut

insurance company; EVEREST NATIONAL INSURANCE COMPANY, a New Jersey

insurance company; and AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE

COMPANY, a New Jersey insurance company,

Defendants.

______________________________________________________________________

ORDER

_______________________________________________________________________

The parties attention is directed to D.C.COLO.LCivR 56.1 (C).

BY THE COURT:

 s/ Lewis T. Babcock 

LEWIS T. BABCOCK, JUDGE

DATED: August 9, 2013

Case 1:11-cv-02652-LTB-BNB Document 235 Filed 08/09/13 USDC Colorado Page 1 of 1
#### Claude Lee LINDSEY, Appellant, v. The STATE of Texas, Appellee.

No. 45435.

Court of Criminal Appeals of Texas.

Dec. 20, 1972.

George T. Ellis, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Alvin A. Horne, Asst. Dist. Attys., Houston, *Jim D.*Voilers, State’s Atty., and Robert A. Huttash, Asst. State’s Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of robbery by assault. The jury assessed the punishment at ten years.

In his initial ground of error, appellant contends that the trial court abused its discretion in overruling his first motion for continuance. He argues that said motion was requested because a material alibi witness, Nathaniel Lee, Jr., who was subpoenaed and served in person on April 5, 1971 to appear in court on April 13, 1971, did not appear. When the case was called for trial, counsel for the appellant announced ready. Had he wanted to present the *81matter of the absent witness for review, he should have announced not ready and asked for an attachment of the absent witness. See Hutson v. State, 164 Tex.Cr.R. 24, 296 S.W.2d 245. The appellant announced ready and the trial court relied upon such announcement. Nothing is presented for review.

Next, appellant contends that the court erred in having him stand trial before the jury in jail clothes. His contention is without merit. The record reflects that the policy in Harris County is to allow prisoners to wear civilian clothes upon request and that no request was made. Further, neither appellant nor his counsel objected during the trial. There must be an objection before the matter can be reviewed. Ex parte Kelly, Tex.Cr.App., 484 S.W.2d 773. A defendant may not remain silent and willingly go to trial in prison garb and thereafter claim error. Hernandez v. Beto, 443 F.2d 634 (5th Cir.1971).

Finally, appellant complains of the trial court’s failure to instruct the jury to disregard the “in court” identification made by the witnesses alleging that the witnesses observed appellant at an illegal post indictment lineup held by the assistant district attorney prior to trial on the morning of April 13, 1971. He contends that the “in court” identification of the witnesses was tainted by the viewing of appellant as he sat in the jury box the morning of the trial along with eleven other prisoners. The record shows that two of the witnesses made positive identification of appellant earlier at a properly conducted police lineup while five of the witnesses tentatively identified appellant at the same lineup as one of the robbers. We see no harm in the witnesses observing the twelve prisoners seated in the jury box and then being asked if they spotted the robbers among the twelve when sufficient identification had been made prior to the day of trial.

No reversible error being shown, the judgment is affirmed.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**728.1 TP 12-01781**  PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.

IN THE MATTER OF JENNIFER BIANCHINE, PETITIONER,

V ORDER

NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, NEW YORK STATE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT AND ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.

TIMOTHY M. O’MARA, WILLIAMSVILLE, AND MICHAEL J. FLAHERTY, BUFFALO, FOR PETITIONER.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ALLYSON B. LEVINE OF COUNSEL), FOR RESPONDENTS NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, AND NEW YORK STATE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.

EMIL J. CAPPELLI, BUFFALO, FOR RESPONDENT ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Shirley Troutman, J.], entered September 14, 2012) to review a determination of respondent New York State Office of Children and Family Services. The determination denied petitioner’s application to amend the indicated report of maltreatment to an unfounded report.
Now, upon reading and filing the stipulation of discontinuance signed by petitioner on March 28, 2013, and by the attorneys for the parties on March 20, 28 and 29, and April 3, 2013,
It is hereby ORDERED that said proceeding is unanimously dismissed without costs upon stipulation.

Entered: June 7, 2013 Frances E. Cafarell Clerk of the Court
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

I, Gregory S. Lang, hereby certify, in accordance with 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, in my capacity as an officer of PMC-Sierra, Inc. (PMC), that, to my knowledge, this Quarterly Report of PMC on Form 10-Q for the period ended September 28, 2008, fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of PMC.



|                       |  |  |  |     |  |                     |  |                                      
|---------------------- |  |  |  | --- |  | ------------------- |  | -------------------------------------
|Date: November 6, 2008 |  |  |  | By: |  | /s/ Gregory S. Lang
|                       |  |  |  |     |  |                     |  | Gregory S. Lang                      
|                       |  |  |  |     |  |                     |  | President and Chief Executive 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.                  

###### Commission on Civil Rights

# AGENCY:

United States Commission on Civil Rights. 

# ACTION:

Notice of meeting. 

# Date and Time:

Friday, October 17, 2008; 9:30 a.m. 

# Place:

U.S. Commission on Civil Rights, 624 Ninth Street, NW., Rm. 540, Washington, DC 20425. 

## Meeting Agenda 

I. Approval of Agenda 

II. Approval of Minutes 
      - September 12, 2008 Meeting
      - September 30, 2008 Meeting

III. Announcements 

IV. Staff Director's Report 

V. Program Planning 
      - FY 2009 Statutory Report Concept Paper
      - Proposed Letter to the State Bar of California

VI. State Advisory Committee Issues 
      - Arkansas SAC
      - Minnesota SAC
      - North Carolina SAC

VII. Future Agenda Items 

VIII. Adjourn 

# Contact Person for Further Information:

Lenore Ostrowsky, Acting Chief, Public Affairs Unit (202) 376-8582. 

Date: October 7, 2008. 

David Blackwood, 

General Counsel.

[FR Doc. E8-24198 Filed 10-7-08; 4:15 pm] 

BILLING CODE 6335-01-P
Exhibit 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

The undersigned hereby
certifies that the Form 10-K Annual Report of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp. (collectively, the Company) for the year ended December 31, 2010 filed with the Securities and Exchange Commission (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                      |  |     |  |                                                                                                                  
|--------------------- |  | --- |  | -----------------------------------------------------------------------------------------------------------------
|Dated: March 31, 2011 |  | By: |  | /s/ STEPHANIE D. LEPORI                                                                                          
|                      |  |     |  | Stephanie D. Lepori, Chief Financial Officer of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp.
IN THE DISTRICT COURT OF APP EAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

FRANK D. USINA AND NORTH BEACH INVESTMENT, INC.,

Appellants,

v. Case No. 5D15-3860

510 14TH ST. LAND TRUST, 15TH ST. LAND TRUST, 402 THIRD ST. LAND TRUST AND J. RUSSELL COLLINS,

Appellees.

________________________________/

Opinion filed March 24, 2016

Non-Final Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.

James G. Whitehouse, of St. Johns Law Group, St. Augustine, for Appellants.

No Appearance for Appellees.

PER CURIAM.

AFFIRMED. See City of Miami v. St. Joe Paper Co., 364 So. 2d 439, 446-47

(Fla. 1978) (holding Marketable R ecord Title Act is not concern ed with quality of title

conveyed by root of title so long as root purports to convey es tate claimed).

LAWSON, C.J., ORFINGER and WALLIS, JJ., concur.
#### POLK COMPANY, a Corporation, Plaintiff In Error, v. H. R. SNAPP, Defendant in Error.

Supreme Court of Florida.

Jan. Term, 1936.

McKay, MacFarlane, Jackson & Ramsey, of Tampa, for plaintiff in error.

Joseph E. Williams, of Tampa, for defendant in error.

PER CURIAM.

Writ of error dismissed on motion of ;ounsel for the respective parties.
**EXHIBIT
      32.2**


**CERTIFICATION
      OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
      OF
      2002**




In
        connection with the filing of the Annual Report on Form 10-KSB for the Year
        ended February 28, 2006 (the "Report") by PaperFree Medical Solutions, Inc.,
        the
        undersigned hereby certifies that:
 
 1.
        The
        Report complies in all material respects 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
        Registrant.


Date: May
                  25, 2007
              By:
                  /s/ CRAIG S BARROWName:
                  Craig S BarrowTitle: 
                  Chief Financial Officer




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: BENJAMIN JOSEPH 

GUTIERREZ,

 

 Relator.

§

§

§

§

§

No. 08-18-00186-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

O R D E R

Pending before this Court is the Relator’s motion to stay trial court proceedings. The 

motion to stay is DENIED.

IT IS SO ORDERED this 23rd day of October, 2018.

PER CURIAM

Before McClure, C.J., Rodriguez and Palafox, JJ.
Exhibit 32.2

CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL

OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Stephen J. Fanning, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Amendment No.1 on Form 10-K/A to the Annual Report of Thermage, Inc. on Form 10-K for the fiscal year ended December 31, 2006 fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Amendment No. 1 on Form 10-K/A to the Annual Report on Form 10-K fairly presents in all material respects the financial condition and
results of operations of Thermage, Inc.



|                     |  |  |  |        |  |                                       |  | 
|-------------------- |  |  |  | ------ |  | ------------------------------------- |  | 
|Date: April 30, 2007 |  |  |  | By:    |  | /s/ Stephen J. Fanning                |  | 
|                     |  |  |  | Name:  |  | Stephen J. Fanning                    |  | 
|                     |  |  |  | Title: |  | President and Chief Executive Officer |  | 

I, Laureen DeBuono, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Amendment No.1 on Form 10-K/A to the Annual Report of Thermage, Inc. on Form 10-K for the fiscal year ended December 31, 2006 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Amendment No. 1 on Form 10-K/A to the Annual Report on Form 10-K fairly presents in all material respects the financial condition and
results of operations of Thermage, Inc.



|                     |  |  |  |        |  |                         |  | 
|-------------------- |  |  |  | ------ |  | ----------------------- |  | 
|Date: April 30, 2007 |  |  |  | By:    |  | /s/ Laureen DeBuono     |  | 
|                     |  |  |  | Name:  |  | Laureen DeBuono         |  | 
|                     |  |  |  | Title: |  | Chief Financial Officer |  |
<TABLE> <S> <C>


<PAGE>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from 1626 New York
Associates Limited Partnership and is qualified in its entirety by reference to
such financial statements 
</LEGEND>
<MULTIPLIER>      1
       
<S>                                       <C>
<PERIOD-TYPE>                             6-MOS
<FISCAL-YEAR-END>                         DEC-31-1997
<PERIOD-START>                            JAN-01-1997
<PERIOD-END>                              JUN-30-1997
<CASH>                                       7,444,000 <F1>
<SECURITIES>                                         0
<RECEIVABLES>                                1,439,000
<ALLOWANCES>                                  (638,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                     270,531,000
<DEPRECIATION>                            (135,893,000)
<TOTAL-ASSETS>                             162,992,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                    288,235,000 <F2>
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                (136,044,000)
<TOTAL-LIABILITY-AND-EQUITY>               162,992,000
<SALES>                                              0
<TOTAL-REVENUES>                            18,719,000
<CGS>                                                0
<TOTAL-COSTS>                               17,511,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          13,509,000
<INCOME-PRETAX>                            (12,262,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (12,262,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (12,262,000)
<EPS-PRIMARY>                                (8,750.00)
<EPS-DILUTED>                                (8,750.00)
<FN>
<F1> Cash includes $7,062,000 of restricted cash.
<F2> Includes accrued interest of $47,504,000.
</FN>
        


</TABLE>
UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLORADO 

Criminal Case No. 11-cr-00428-WYD 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

1. BIVIAN VILLALOBOS-MADRID, 

Defendant. 

MINUTE ORDER 

ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL 

A Change of Plea hearing is set for Wednesday, January 25, 2012 at 10:00 a.m.

Counsel for the parties shall deliver all change of plea documents separately to 

Judge Daniel=s chambers AND to the Probation Department not later than 72 

HOURS before the hearing date. If the documents are not timely submitted, the 

hearing will be VACATED. There will be no exceptions to this policy, and sanctions 

may be imposed for failure to comply.

December 9, 2011 

Case 1:11-cr-00428-WYD Document 14 Filed 12/09/11 USDC Colorado Page 1 of 1
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  the  Annual  Report  of  Mortgage  Assistance  Center
Corporation  (the "Company") on Form 10-QSB for the period ended March 31, 2007,
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"),  I Dale  Hansel,  Chief  Financial  Officer  of the  Company,  hereby
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:

          (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 operation of the
     Company.



Date: May 21, 2007                                By: /s/ Dale Hensel
                                                  ------------------------------
                                                  Dale Hensel,
                                                  Chief Financial Officer
                                                  (principal accounting officer)