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

No. 44419.

Court of Criminal Appeals of Texas.

Dec. 21, 1971.

Gregory Luna, San Antonio, for appellant.

Ted Butler, Dist. Atty., John L. Quinlan, III, Lucien B. Campbell, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State’s Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction of robbery by assault with the punishment assessed by the court at 15 years on a plea of guilty.

Appellant was represented by retained counsel on trial and is represented by court-appointed counsel on appeal.

Appellant complains for the first time on appeal that the grand jury which indicted him was illegally constituted; that it was selected by grand jury commissioners under Article 19.01, V.A.C.C.P., which requires that the commissioners “be qualified jurors and freeholders in the county.” He contends that the requirement of freeholders keeps poor people from serving as commissioners and is unconstitutional. This contention was overruled in Terry v. State, 451 S.W.2d 479.

Further, the point may not be raised for the first time on appeal. 5 Tex.Jur. 2d 49, Appeal and Error-Criminal, Section 28. Appellant mistakenly relies on Labat v. Bennett, 5 Cir., 365 F.2d 698. In Labat the court said, “No one doubts that the state has a legitimate interest in establishing orderly procedures for filing certain pleadings in limine. No one questions the propriety of such a rule as to motions based on state-created rights asserted in state courts.”

*227The evils the appellant complains of in his brief are nowhere reflected by the record in this cause.

This Court has previously held that the statute is capable of being carried out without discrimination. Addison v. State, 160 Tex.Cr.R. 1, 271 S.W.2d 947.

Appellant has filed, in this Court, a pro se ^‘statement of facts regarding arrest and conviction” in which he makes allegations of inadequate representation of counsel and denial of due process. The writer has searched the record and finds no support for these allegations.

There being no reversible error, the judgment is affirmed.
## **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 Riverbend Telecom, Inc. (the “Company”) on Form 10-KSB/A1 for the year ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), Leon Nowalsky, as Principal Financial Officer and Accounting Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge,that:

| (1)    | the Report fully complies with the requirements of section 13(a) 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. |

/s/ Leon Nowalsky                   Leon NowalskyTreasurer (Principal Financial Officer)Date:  January 19, 2005This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1,000
       
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<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           5,911
<SECURITIES>                                    10,000
<RECEIVABLES>                                    4,407
<ALLOWANCES>                                       100
<INVENTORY>                                      4,225
<CURRENT-ASSETS>                                26,035
<PP&E>                                           4,598
<DEPRECIATION>                                   1,988
<TOTAL-ASSETS>                                  52,231
<CURRENT-LIABILITIES>                            3,054
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<COMMON>                                        39,334
<OTHER-SE>                                       9,843
<TOTAL-LIABILITY-AND-EQUITY>                    52,231
<SALES>                                         21,350
<TOTAL-REVENUES>                                21,350
<CGS>                                           10,448
<TOTAL-COSTS>                                   10,448
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     8
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,564
<INCOME-TAX>                                       800
<INCOME-CONTINUING>                              1,764
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,764
<EPS-PRIMARY>                                      .30
<EPS-DILUTED>                                      .30
        


</TABLE>
EXHIBIT 31.1

CERTIFICATION PURSUANT TO RULE 13a-14/15d-14(d) OF THE SECURITIES

EXCHANGE ACT OF 1934

I,
Timothy D. Hart, certify that:

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of
the period covered by this report on Form 10-K of First National Master Note Trust (the Exchange Act periodic reports);

2.
Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, all of the
distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

4. I am responsible for reviewing the activities performed by the servicers and based on my knowledge and the compliance reviews conducted in
preparing the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements
in all material respects; and

5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and
their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have
been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

In giving the certifications above, I have reasonably relied on information provided to me by U.S. Bank National Association.



---

|                      |  |  |  |                                                                                                                                          
|--------------------- |  |  |  | -----------------------------------------------------------------------------------------------------------------------------------------
|                      |  | 
|Dated: March 30, 2017 |  |  |  | /s/ Timothy D. Hart                                                                                                                      
|                      |  |  |  | Timothy D. Hart, Senior Vice President, First National Bank of Omaha (senior officer in charge of the servicing function of the servicer)

[Signature page to Certification Pursuant to Rule 13a-14/15d-14(d)

of the Securities Exchange Act of 1934]
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JOSHUA RICHARD BERGENTY, 

Appellant, 

v. Case No. 5D22-938

LT Case No. 2017-CF-000055-A

STATE OF FLORIDA, 

Appellee. 

________________________________/ 

Opinion filed November 14, 2022 

Appeal from the Circuit Court

for Citrus County, 

Richard A. Howard, Judge.

Matthew J. Metz, Public Defender, and Joseph 

Chloupek, Assistant Public Defender, Daytona 

Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, 

and Roberts J. Bradford, Jr., Assistant Attorney 

General, Daytona Beach, for Appellee. 

PER CURIAM.
2

In this Anders1 appeal, we affirm the judgment and sentence imposed 

by the trial court following revocation of Appellant’s probation. However, we 

remand for correction of a scrivener’s error in the order revoking probation to 

reflect that Appellant was found to have violated Special Condition 28, not 

Special Condition 15, and for entry of an amended cost/fees order that shows 

the assessment of $50.00 (not $100.00) for the Public Defender Application 

Fee. See Harrison v. State, 313 So. 3d 926 (Fla. 5th DCA 2021).

AFFIRMED; REMANDED for correction of scrivener’s error.

EVANDER, EDWARDS, and HARRIS, JJ., concur.

1 Anders v. California, 386 U.S. 738 (1967).
#### NATIONAL SECURITY INVESTMENT CORPORATION, Appellant, v. Roy B. PAYNE, Appellee.

Court of Appeals of Kentucky.

Jan. 19, 1973.

Paul R. Huddleston, Bowling Green, for appellant.

James F. Clay, Jr., Danville, for appel-lee.

Memorandum Opinion of the Court by

Special Commissioner RICHARD A. RE-VELL,

Affirming.*

*

 Opinion ordered not to be published.
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM JUNE 30,
1998  FINANCIAL  STATEMENTS  OF WORLD  SERVICES,  INC.  AND IS  QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                                            <C>
<PERIOD-TYPE>                                 6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         538,956
<SECURITIES>                                         0
<RECEIVABLES>                                   11,386
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               550,342
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,532,188
<CURRENT-LIABILITIES>                           90,183
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,715
<OTHER-SE>                                   1,439,290
<TOTAL-LIABILITY-AND-EQUITY>                 1,532,188
<SALES>                                              0
<TOTAL-REVENUES>                               175,849
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                57,433
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                118,417
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   118,417
<EPS-PRIMARY>                                      .00
<EPS-DILUTED>                                      .00
        


</TABLE>
BTU_2014.03.31_EX.10.2






Exhibit 10.2


AMENDMENT NO. 2 TO THE
PEABODY ENERGY CORPORATION
2001 LONG-TERM EQUITY INCENTIVE PLAN




 WHEREAS, Peabody Energy Corporation (the “Company”) adopted and maintains the Peabody Energy Corporation 2001 Long-Term Equity Incentive Plan, as amended from time to time (the “Plan”), and all capitalized terms used but not defined herein are defined in the Plan;
 
     WHEREAS, pursuant to Section 16 of the Plan, the Board of Directors of the Company (the “Board”) has the right to amend the Plan without the Participant’s consent, so long as such amendment does not adversely affect the Participant’s rights under the award; and 


     WHEREAS, the Board has authorized and directed that the Plan be amended to provide that neither the Board nor the Administrator may take actions to re-price stock options granted under the Plan. 
  
NOW, THEREFORE, the Plan is hereby amended effective as of March 12, 2014, as follows: 


 1.  Section 16 of the Plan is hereby amended by inserting the following paragraph at the end of such Section 16: 


Notwithstanding anything to the contrary, but subject to the provisions of Section 12, neither the Board nor the Administrator shall be permitted to (i) amend a stock option granted under the Plan to reduce its exercise price; (ii) cancel a stock option granted under the Plan and re-grant a stock option with a lower exercise price than the original exercise price of the cancelled stock option; (iii) cancel a stock option or SAR granted under the Plan in exchange for cash or another equity award; or (iv) take any other action (whether in the form of an amendment, cancellation or replacement grant) that has the effect of re-pricing a stock option granted under the Plan.


 2.  In all other respects, the Plan shall remain unchanged and in full force and effect.  


	
		
	 
	PEABODY ENERGY CORPORATION

	 
	 

	 
	By: /s/ Sharon D. Fiehler                                         

	 
	Sharon D. Fiehler

	 
	Executive Vice President and Chief Administrative Officer
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                             148
<SECURITIES>                                         0
<RECEIVABLES>                                      915
<ALLOWANCES>                                         7
<INVENTORY>                                      2,376
<CURRENT-ASSETS>                                 3,500
<PP&E>                                          25,777
<DEPRECIATION>                                   5,743
<TOTAL-ASSETS>                                  23,833
<CURRENT-LIABILITIES>                            1,888
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                            68
<OTHER-SE>                                      21,313
<TOTAL-LIABILITY-AND-EQUITY>                    23,833
<SALES>                                          4,963
<TOTAL-REVENUES>                                 4,963
<CGS>                                            4,261
<TOTAL-COSTS>                                    4,261
<OTHER-EXPENSES>                                 2,485
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 123
<INCOME-PRETAX>                                (1,906)
<INCOME-TAX>                                     (114)
<INCOME-CONTINUING>                            (1,792)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,792)
<EPS-PRIMARY>                                   (0.14)
<EPS-DILUTED>                                   (0.14)
        


</TABLE>
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

KIMBERLY ALEXANDER, et al.,

Appellants,

v.

FIESTA HOMEOWNERS ASSOCIATION, INC., LORI PRESS-VIDAL, 

EVA CUDAK, CLAUDE CLARKE, PAT CULLINS, ISABELLA 

CALDERON, and SUNSTATE MANAGEMENT, LLC,

Appellees.

No. 4D22-2482

[July 27, 2023]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Jack B. Tuter, Judge; L.T. Case No. CACE22-000064.

Joseph D. Garrity and George L. Zinkler, III, of Lorium Law, Fort 

Lauderdale, for appellants.

Scott A. Cole, Craig Minko, and W. Taylor Loe of Cole, Scott & Kissane, 

P.A., Miami, for appellees.

PER CURIAM.

Affirmed.

KLINGENSMITH, C.J., CONNER and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
---

Exhibit 23.5







---

14252 Culver Drive, Suite A216
Irvine, California 92604, USA
T: +01 949-681-8361
F: +01 949-271-3758
www.GeothermalScience.com

Consent of Geothermal Science, Inc.

In connection with U.S. Geothermal Inc's registration statement on Form 10-K, S-1, S-8 and
related filings under the United States Securities Act of 1933, I, Richard Holt,
on behalf of Geothermal Science, Inc. ("Geothermal"), hereby consent to the use
of Geothermal's name and to the use of the "Assessment of Geothermal Potential,
Neal Hot Springs, Malheur County, Oregon" dated February 5, 2009, references to
the Assessment, or portions thereof, or information derived from the Assessment,
in the Registration Statement.

Dated at Boise, Idaho, this 7th day of June, 2010.

|Signed: /s/ Richard J. Holt | 
|--------------------------- | 
|Name: Richard J. Holt       | 
|Title: Owner                | 
|                            | 

---
---

|Coded Tables | 
|------------ | 



|These data are released whenever there are code changes.                                                                                                                                                                                                        
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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Debt growth, borrowing and debt outstanding tables (13 KB PDF)
Flows tables (148 KB PDF)
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Supplementary tables (29 KB PDF)

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Statistical releases

---

Home Economic research and data  Accessibility Contact Us  Last update: September 17, 2009
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 Veterans Affairs

          - 38 CFR Part 3 
          - RIN 2900-AM28 

# AGENCY:

Department of Veterans Affairs. 

# ACTION:

Correcting amendment. 

# SUMMARY:

This document contains a minor correction to the final regulations that the Department of Veterans Affairs (VA) published in 71 FR 78368 on December 29, 2006. The regulation relates to the Payment of Benefits to Survivors of Estates of Deceased Beneficiaries. No substantive change to the content of the regulation is being made by correcting this amendment. 

# DATES:

*Effective Date:*                         October 17, 2008.                     

# FOR FURTHER INFORMATION CONTACT:

Denise Kemp-Nichols, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-9724. 

# SUPPLEMENTARY INFORMATION:

                    VA published a final rule in the                     **Federal Register**                     on December 29, 2006 (See 71 FR 78368) revising its final rule eliminating the 2-year limitation on accrued benefits. In that document, VA failed to amend 38 CFR 3.816(f)(2). This document corrects that error by removing the entire first sentence of 38 CFR 3.816(f)(2) and in the second sentence, by removing the word “also” after words “accrued benefits.”                 

# List of Subjects in 38 CFR Part 3

      - Administrative, practice and procedures
      - Claims
      - Disability benefits
      - Health care
      - Pensions
      - Veterans
      - Vietnam

Approved: October 10, 2008. 

William F. Russo, 

Director of Regulations Management.

For the reason set out in the preamble, VA is correcting 38 CFR part 3 as follows. 

# PART 3—ADJUDICATION 

1. The authority citation for part 3, subpart A continues to read as follows: 

Authority:38 U.S.C. 501(a), unless otherwise noted. 

§ 3.816 

2. In § 3.816, paragraph (f)(2) is amended by removing the entire first sentence and in the second sentence removing the word “also”. 

[FR Doc. E8-24650 Filed 10-16-08; 8:45 am] 

BILLING CODE 8320-01-P
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

November 7, 2008 Revision

Cause number: 01-13-00826-CV

Style: Michael Wayne Barnes

v. The State of Texas

Date motion filed*: November 21, 2013

Type of motion: Motion to order district clerk to prepare a transcript of hearing

Party filing motion: Appellant

Document to be filed:

Is appeal accelerated? No

If motion to extend time:

Original due date:

Number of previous extensions granted: Current Due date: 

Date Requested:

Ordered that motion is:

 Granted

If document is to be filed, document due:

 The Court will not grant additional motions to extend time absent extraordinary circumstances

 Denied

 Dismissed (e.g., want of jurisdiction, moot)

 Other: _____________________________________ 

Appellant’s motion is denied. The district clerk has no duty to prepare a reporter’s record. See TEX. R.

APP. P. 35.3(b). Further, the court reporter has filed an information sheet with this Court stating that

there is no reporter’s record in this case. Appellant’s brief is due 30 days from the date of this order.

Judge's signature: /s/ Laura C. Higley

 

Panel consists of ____________________________________________

Date: December 4, 2013
#### DICKINSON v. MACK.

Supreme Court of Florida.

June Term 1953.

Certiorari denied without opinion.