alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jimmy JORDAN, Appellant, v. The STATE of Texas, Appellee.

No. 45026.

Court of Criminal Appeals of Texas.

Dec. 6, 1972.

Rehearing Denied Jan. 31, 1973.

*119John T. Montford, Lubbock (On Appeal Only), for appellant.

Blair Cherry, Jr., Dist. Atty. and Troy C. Hurley, Asst. Dist. Atty., Lubbock, Jim D. Vollers, State’s Atty., and Robert A. Huttash, Asst. State’s Atty., Austin for the State.

OPINION

MORRISON, Judge.

The offense is robbery by firearms; the punishment, ten (10) years.

Appellant’s appeal was abated because the record was not prepared and approved as required by Article 40.09, Section 7, Vernon’s Ann.C.C.P. See Jordan v. State, Tex.Cr.App., 479 S.W.2d 667. Appellant has filed a supplemental transcript which shows sufficient compliance with the statute.

Appellant’s three grounds of error relate to the evidence introduced to support his guilty plea under Article 1.15, V.A. C.C.P.

The record reflects that appellant waived his right to trial by jury and entered into a sworn, written stipulation of evidence approved by his attorney, the prosecutor, and the Court whereby he waived the appearance, confrontation and cross-examination of witnesses and agreed to the introduction of testimony by written statements.1 The stipulation also acknowledges “that all the allegations contained in said indictment [in this cause] are true and correct.”

After the Court duly admonished appellant concerning the consequences of his plea, the State introduced appellant’s stipulation including the written statements of two witnesses, signed by the appellant and his attorney, and the indictment, in evidence.

Each statement recites that if the witness were present he would testify that he was present at the service station which was robbed on the night in question and saw appellant, whom he later identified in a line-up as one of the men who robbed the station at gunpoint. The statement of one of the witnesses, the operator of the service station, further stipulates that he would testify that he was in possession and control of the money and the cash register, that he did not give anyone permission to take it, and that he was placed in fear of his life by virtue of the fact that a gun was pointed at him during the robbery.

The record reflects sufficient compliance with Article 1.15, supra.

The evidence was reduced to writing and filed with the clerk at the time the plea was entered. Moss v. State, Tex.Cr.App., 468 S.W.2d 807.

Finding no reversible error, the judgment is affirmed.

1

. Article 1.15, V.A.C.C.P., as amended, which now permits oral stipulations, was not in effect at the time of this trial.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
UNAUDITED FINANCIAL STATEMENTS FOR THE QUARTER ENDED SEPTEMBER 30, 2000 THAT ARE
FILED WITH THE COMPANY'S  REPORT ON FORM 10-QSB AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0000768152
<NAME>                        Light Management Group, Inc.
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. Dollars

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<EXCHANGE-RATE>                                1
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<PP&E>                                        1,433,999
<DEPRECIATION>                                 (254,138)
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<TOTAL-LIABILITY-AND-EQUITY>                  7,014,937
<SALES>                                       1,634,042
<TOTAL-REVENUES>                              1,635,045
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</TABLE>
<PAGE>

                      SECURITIES AND EXCHANGE COMMISSION

                            Washington, D.C.  20549

                                  FORM 8-K/A

                                CURRENT REPORT


                      Pursuant to Section 13 or 15(d) of
                      The Securities Exchange Act of 1934


    Date of Report (Date of earliest event reported)          April 12, 1999
                                                              --------------

                      FIRST USA BANK, NATIONAL ASSOCIATION
--------------------------------------------------------------------------------
             (Exact name of registrant as specified in its charter)

         (As Servicer on behalf of FIRST USA CREDIT CARD MASTER TRUST)



<TABLE>
<S>                               <C>                              <C>
Laws of the United States                   33-99362                       51-0269396
------------------------------              --------                       ----------
(State or other jurisdiction       (Commission File Number)       (IRS Employer Identification
of incorporation or organization                                             Number)
</TABLE>



201 North Walnut Street, Wilmington, Delaware                       19801
--------------------------------------------------------------------------------
(Address of principal executive offices)                         (Zip Code)


                302/594-4117
---------------------------------------------------
Registrant's telephone number, including area code


                              N/A
--------------------------------------------------------------------------------
(Former name, former address and former fiscal year, if changed since last
report)
<PAGE>

Item 5.  Other Events.

         The Registrant hereby amends and restates in its entirety Exhibit 99.06
as previously filed on April 23, 1999 on a Form 8-K dated as of April 12, 1999.


Item 7.   Financial Statements and Exhibits.

(c) Exhibits

         (99.06)  Monthly Certificateholders' Statement of the Trust which
                  contains information relating to the Series 1995-2
                  Certificates.






<PAGE>

                                   SIGNATURE



     Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.


                         FIRST USA BANK, NATIONAL ASSOCIATION
                         As Servicer



                         By:  /s/ Tracie H.Klein
                              -----------------------
                         Name:   Tracie H. Klein
                         Title:  First Vice President









Date:  May 16, 2000
       ------------
[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Proposed Rules]
[Pages 52485-52486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21257]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1, 31, 40, and 301

[REG-153340-09]
RIN 1545-BJ13


Electronic Funds Transfer of Depository Taxes; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correction to notice of proposed rulemaking and notice of 
public hearing.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to a notice of proposed 
rulemaking and notice of public hearing (REG-153340-09) that were 
published in the Federal Register on Monday, August 23, 2010, relating 
to Federal tax deposits (FTDs) by Electronic Funds Transfer (EFT).

FOR FURTHER INFORMATION CONTACT: Michael E. Hara, (202) 622-4910 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION: 

Background

    The correction notice that is the subject of this document is under 
sections 1461, 6302, 6656, and 7502 of the Internal Revenue Code.

Need for Correction

    As published, the notice of proposed rulemaking and notice of 
public hearing (REG-153340-09), published on Monday, August 23, 2010 
(75 FR 51707), contain errors that may prove to be misleading and are 
in need of clarification.

Correction of Publication

    Accordingly, the publication of the notice of proposed rulemaking 
and notice of public hearing (REG-153340-09), which was the subject of 
FR Doc. 2010-20737, is corrected as follows:
    1. On page 51707, column 2, in the preamble, under the caption 
DATES:, fifth line, the language ``September 21, 2010, must be 
received'' is corrected to read ``September 27, 2010, must be 
received''.
    2. On page 51708, column 2, in the preamble, under the paragraph 
heading ``Comments and Public Hearing'', last paragraph of the column, 
second line, the language ``for September 21, 2010, at

[[Page 52486]]

10 a.m. in the'' is corrected to read ``for September 27, 2010, at 10 
a.m. in the''.

LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel, (Procedure and Administration).
[FR Doc. 2010-21257 Filed 8-23-10; 4:15 pm]
BILLING CODE 4830-01-P
<PAGE>

EXHIBIT 10.16

                                    ULTIMATE
                                     SPORTS
                                      FORCE

The Orbiter Fund Ltd.
Kaya Flamboyan 9
Curacao, Netherlands Antillies
Attn: Mr. Michael Lauer

Re:  The Orbiter Fund Ltd. - Lender
     Ultimate Sports Entertainment, Inc. - Borrower
     $600,000 loan pursuant to letter agreement (the "Loan Agreement") dated
     October 20, 1999 (the "Loan")

Gentlemen:

     This will confirm our agreement that the time for repayment of the Loan has
been extended so that the same shall be repayable as follows:

     -    $60,000 on or before May 31, 2000
     -    The balance, plush all accrued and unpaid interest on or before August
          1, 2000

     All other terms and conditions of the Loan Agreement shall remain and
continue the same.

     In consideration for your agreeing to the foregoing extension of time of
payment, we agree to deliver to you 100,000 shares of our common stock in
addition to any other shares to which you may be entitled pursuant to the terms
of the Loan Agreement.

                                         Very truly yours,
                                         Ultimate Sports Entertainment, inc.

                                         By: /s/ Frederick R. Licht, President

The above is confirmed and agreed to:
The Orbiter Fund Ltd.

By: /s/ Michael Lauer
#### Ex parte John Weldon FORBES.

No. 45112.

Court of Criminal Appeals of Texas.

Jan. 11, 1972.

Melvyn Carson Bruder and Barry P. Helft, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Asst, Dist. Atty., Dallas, and Jim D. Vol-lers, State’s Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from an order in a habeas corpus proceeding refusing appellant bail after indictment for murder with malice of one Jean Geron, on or about September 24, 1971, in Dallas County.

All prisoners shall be bailable unless for capital offenses when the proof is evident. Art. 1, Sec. 11, Vernon’s Ann.St. Texas Const., Art. 1.07, Vernon’s Ann.C.C.P.

The burden is upon the State to establish that the “proof is evident.”

The term, “proof is evident,” here, means that the accused, with cool and deliberate mind and formed design, maliciously killed the deceased and that, upon a hearing of the facts before the court, a *691dispassionate jury would, upon such evidence, not only convict but would assess the death penalty. Ex parte Colbert, Tex.Cr.App., 452 S.W.2d 454; Ex parte Shults, 127 Tex.Cr.R. 484, 77 S.W.2d 877; Ex parte Roberts, 151 Tex.Cr.R. 547, 209 S.W.2d 361; Ex parte Suger, 149 Tex.Cr.R. 133, 192 S.W.2d 159; Ex parte Washburn, 161 Tex.Cr.R. 651, 280 S.W.2d 257; Ex parte Thrash, 167 Tex.Cr.R. 409, 320 S.W.2d 357; Ex parte Collins, 168 Tex.Cr.R. 500, 330 S.W.2d 194.

In cases of this nature, it is the policy of this Court to refrain from stating the facts at length and of expressing a conclusion as to the sufficiency of the evidence to show the appellant’s guilt. Ex parte Paul, Tex.Cr.App., 420 S.W.2d 956.

The record before us reflects that Witness Thomas testified that in the early part of September, 1971, the appellant called him and asked if the witness had a couple of pistols or knew where he might get a couple of guns, and on September 23, 1971, Witness Thomas, in exchange for a ring, gave appellant two guns.

Officer Hunter, of the Dallas Police Department, testified he went to the home of the deceased, on the date in question, and recovered a bullet from the body of the deceased which Chemist and Firearms Examiner Anderson testified, in his opinion, was fired from one of the guns identified as having been purchased from the Witness Thomas by appellant.

It must be remembered that to affirm an order denying bail, this Court must find that the facts show a case of “proof evident”, including the fact that upon a trial of this case, a dispassionate jury would not only convict but would assess the death penalty. Ex parte Paul, supra.

After a careful review of the record, we cannot so conclude. The judgment of the trial court denying bond is reversed and bail is granted in the sum of $20,000.

Opinion approved by the Court.
Exhibit 99.1        Officer's Certificate regarding Annual Statement of
                    Compliance of Washington Mutual Mortgage Securities Corp.

                   WASHINGTON MUTUAL MORTGAGE SECURITIES CORP.
                              OFFICER'S CERTIFICATE

     The undersigned officer of Washington Mutual Mortgage Securities Corp., a
Delaware corporation (the "Company") hereby certifies on behalf of the Company
and on his own behalf for purposes of the WASHINGTON MUTUAL MORTGAGE SECURITIES
CORP. MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2002-MS3, as follows:

     1. I am the duly appointed, qualified and acting President of the Company.

     2. Capitalized terms used and not defined herein shall have the meanings
ascribed to such terms in the Pooling and Servicing Agreement related to the
above-referenced series of Certificates.

     3. I am duly authorized to execute and deliver this Officer's Certificate
on behalf of the Company.

     4. A review of the activities of the Master Servicer during the preceding
calendar year and performance under this Agreement has been made under my
supervision.

     5. To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all its obligations under the Agreement throughout such year.

     IN WITNESS WHEREOF, I have signed my name as of March 15, 2004.





                   WASHINGTON MUTUAL MORTGAGE SECURITIES CORP.


                     By: /s/ Michael L. Parker
                         Michael L. Parker,
                         President and Director
<PAGE>

                                                                    EXHIBIT 23.2

                         INDEPENDENT AUDITORS' CONSENT
                         -----------------------------


The Board of Directors
Deltic Timber Corporation:

We consent to the use of our report dated January 26, 2000, relating to the
financial statements of Del-Tin Fiber L.L.C. as of January 1, 2000 and December
31, 1998 and for each of the fiscal years in the three-year period ended January
1, 2000, included herein.



KPMG LLP
Shreveport, Louisiana
March 27, 2000
110TH CONGRESS 

1ST SESSION S. 1327

AN ACT

To create and extend certain temporary district court 

judgeships.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1327 ES

1 SECTION 1. TEMPORARY JUDGESHIPS FOR DISTRICT 

2 COURTS. 

3 (a) ADDITIONAL TEMPORARY JUDGESHIPS.—

4 (1) IN GENERAL.—The President shall appoint, 

5 by and with the advice and consent of the Senate—

6 (A) 1 additional district judge for the east7 ern district of California; and 

8 (B) 1 additional district judge for the dis9 trict of Nebraska. 

10 (2) VACANCIES NOT FILLED.—The first va11 cancy in the office of district judge in each of the 

12 offices of district judge authorized by this sub13 section, occurring 10 years or more after the con14 firmation date of the judge named to fill the tem15 porary district judgeship created in the applicable 

16 district by this subsection, shall not be filled. 

17 (b) EXTENSION OF CERTAIN TEMPORARY JUDGE18 SHIPS.—Section 203(c) of the Judicial Improvements Act 

19 of 1990 (Public Law 101–650; 28 U.S.C. 133 note) is 

20 amended—

21 (1) in the second sentence, by inserting ‘‘the 

22 district of Hawaii,’’ after ‘‘Pennsylvania,’’; 

23 (2) in the third sentence (relating to the district 

24 of Kansas), by striking ‘‘16 years’’ and inserting 

25 ‘‘26 years’’; 
3

•S 1327 ES

1 (3) in the fifth sentence (relating to the north2 ern district of Ohio), by striking ‘‘15 years’’ and in3 serting ‘‘25 years’’; and 

4 (4) by inserting ‘‘The first vacancy in the office 

5 of district judge in the district of Hawaii occurring 

6 20 years or more after the confirmation date of the 

7 judge named to fill the temporary judgeship created 

8 under this subsection shall not be filled.’’ after the 

9 sixth sentence. 

Passed the Senate December 4, 2007. 

Attest:

Secretary. 
110TH CONGRESS 

1ST SESSION S. 1327

AN ACT

To create and extend certain temporary district 

court judgeships.
#### JEFFERSON v. SARDENGA.

No. 14003.

Court of Appeal of Louisiana. Orleans.

April 18, 1932.

Johnston Armstrong, of New Orleans, for appellant.

Theo. Cotonio, Jr., and Theo. Cotonio, Sr., both of New Orleans, for appellee.

HIGGINS, J.

This is a suit by a tenant for damages for personal injuries against the landlord and owner of the premises. Petitioner alleges that on October 22, 1928, while she was descending the steps leading from the roof of a garage, which was provided by the lessor and used by her for the purpose of drying clothes, the third step gave way due to its decayed condition, causing her to fall and injure herself.

Defendant admitted that the plaintiff was a tenant in the building, but denied liability, and specially pleaded that the plaintiff was notified not to use the steps because several of them had been removed, and that plaintiff was guilty of contributory negligence in attempting to use them.

There was judgment dismissing the suit, and plaintiff has appealed.

The record is voluminous, and we feel that no useful purpose will b.e served by a narration of the testimony of the witnesses of the respective parties and pointing out the discrepancies therein, as well as the contradictory and irreconcilable aspects of it.

Plaintiff sought to prove by herself and two eyewitnesses that she had gone to the roof of the garage to hang out some clothes and, after accomplishing that purpose, attempted to descend the steps, and, as she reached the third step, it gave way under .her weight, causing her to fall into the yard. She is in some measure corroborated by her husband and a doctor, who testified that she ■was confined to her bed for a considerable period of time on account of the alleged injuries.

The defendant introduced the testimony of several witnesses to the effect that at the time plaintiff claims she fell all of the steps had already been entirely removed from the premises. While this evidence was contrary to the averments of the defendant’s answer that the plaintiff was warned not to use the steps because several of them had been removed, the evidence was admitted without objection and, consequently, had the effect of enlarging the pleadings. We have, there-, fore, considered the testimony, but feel that its weight has been seriously affected by the averments in the answer.

 We have carefully read the record and find that the testimony of the witnesses for both the plaintiff and defendant is unsatisfactory and unimpressive. The testimony of the witnesses of the respective parties being on a par, as far as weight and credence are concerned, we are of the opinion that the decision of the lower court, dismissing the suit, is correct. In any event, this court, in a number of cases, has held that it would not reverse the decision of a trial court on a question of fact simply because the evidence was conflicting.

For the reasons assigned, the judgment is affirmed.

Affirmed.
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Senior District Judge Richard P. Matsch

Civil Action No. 11-cv-02594-RPM

DALE GROSS,

Plaintiff,

v.

GUILLERMO SAMUDIO, Community Parole Officer; 

IAN SWEENEY, Community Parole Officer; 

JENNIFER DUNCAN, Community Parole Officer; 

ANTHONY YOUNG, Chairman of the Colorado Parole Board; 

ED THOMAS, Member of the Parole Board; 

DENISE BALAZIC, Member of the Parole Board; 

PATRICIA BAN WAAK, Member of the Parole Board; 

JOHN O’DELL, Member of the Parole Board; 

MICHAEL ANDERSON, Member of the Parole Board; 

REBECCA OAKES, Member of the Parole Board; 

WALTER T. SIMON, President of Progressive Therapy Systems PC; 

JOHN DOES, Numbers 3-4, unknown officers of Progressive Therapy Systems PC; 

FREDERICK E. TOLSON, President Sexual Offense Resource Services, LLC; 

JOHN DOES, Number 5-6, unknown officers of Sexual Offense Resource Services, LLC; 

GREIG VEEDER, President and Director, Teaching Humane Existence Treatment Program,

Inc.; and 

JOHN DOES, Number 7-8, unknown officers of Teaching Humane Existence Treatment

Program, Inc., 

Defendants.

____________________________________________________________________________

ORDER EXTENDING TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT

____________________________________________________________________________

Upon review of the plaintiff’s motion for extension of time, to and including December 6,

2013, to respond to defendants’ motion for summary judgment, it is

ORDERED that the motion is granted.

DATED: November 6th, 2013

BY THE COURT:

s/Richard P. Matsch

__________________________

Richard P. Matsch, Senior Judge

Case 1:11-cv-02594-RPM Document 52 Filed 11/06/13 USDC Colorado Page 1 of 1