alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In t he Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 23

- 00202

- CR

JOSHUA ELLIS SUTTON , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 102nd District Court Bowie County, Texas Trial Court No. 23F0068

- 102

Before Stevens , C.J., van Cleef and Rambin , JJ. Memorandum Opinion by Justice Rambin2 

### ME MORANDUM OPINION

A Bowie County jury found Joshua Ellis Sutton guilty of evading arrest or detention with

a vehicle. See T EX

. P ENAL C ODE A NN

. § 38.04(b)(2)(A)

. The ju ry assessed Sutton’s punishment

at ten years’ imprisonment with a fine of $2,000.00. The trial court accepted the jury’s

assessment and sentenced Sutton in accordance with it

. On appeal, 1 Sutton raises four p o i nts of error: (1) the ju dgment impro perly states he pled

not guilty

, (2) his guilty plea was involuntary because the trial court failed to give Article

26.13 (a)(1) admonishments

, (3) the 102 nd Judicial District Court did not have jurisdiction

becau s e his indictmen t was out o f the 202 nd Judic ial District Court

, and (4) his trial counsel was

ineffective for failing to move to quash his indictment for lack of jurisdiction. We addressed

these issues in Sutton’s companion case in cause number 06

- 23

- 0 0 1 9 7

- CR. For the reasons

stated the rei n, we af

firm Sutton’s conviction in this cause

. Because Sutton pled guilty to this

offense

, 2 w e note that the judgment in this case should be modified by changing “ Plea to

1 In companion cause numbers 06

- 23

- 0019 7

- CR, 06

- 23

- 0019 8

- CR, 06

- 2 3

- 00 199

- CR, 06

- 23

- 0020 0

- CR, and 06

- 23

- 0020 1

- CR, Sutton appeals five ot her convictions arising from the same set of facts at issue here.

2 The relevant exchange was as follows:

[ BY THE STATE ]: In Cause Number 23F 00 68

- 102 in the n a m e and by the aut hority of the State of Texas the gra nd jury of Bowie County, Texas, duly o rganized at the January term 2023 of the District Court of Bowie County, Texas, do present that in the County of Bowie and State of Texas that in Bowie County, Tex a s , Joshua Sutto n, hereinafter referred to as the d efen dant, heretofore on or about January t he 7th, 2023, did then and there whi le using a vehicle intentionally flee from Deputy Phil Shores, a person the defendant knew was a peace officer who was attempti n g to lawfully a rre st or detain the defendant again st t he peace and dignity of the State.

T HE COURT : All right. Mr. Sutton, do you understand that indictment?

MR. SUTTON : Yes, sir.

THE COURT : How do you wish to plead at this time?3

Offense : NOT GUI LTY” t o “ Plea to Offense : GUILT Y.” As modified, we affirm the trial

cour t’s judgment.

Jeff Rambin Justice

Date Submitted: April 5, 2024 Date Decided: April 19 , 2024

Do Not Publish

MR. SU T T ON : Gu ilty.
<PAGE>
 
                                  EXHIBIT 11

                       To Cyprus Amax Minerals Company's
                         Quarterly Report on Form 10-Q
                   For the Quarter Ended September 30, 1997

                                     -18-
<PAGE>
 
                                  EXHIBIT 11

                  CYPRUS AMAX MINERALS COMPANY & SUBSIDIARIES

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

                       COMPUTATION OF PER SHARE EARNINGS

                      (IN MILLIONS EXCEPT PER SHARE DATA)
<TABLE>
<CAPTION>
                                              Three Months            Nine Months
                                           Ended September 30      Ended September 30
                                          --------------------    --------------------
                                            1997        1996        1997        1996
                                          --------    --------    --------    --------
<S>                                       <C>        <C>          <C>         <C>
Net Income                                $     44   $      14    $    167    $    129
Preferred Stock Dividends                       (5)         (5)        (14)        (14)
                                          --------    --------    --------    -------- 
  Income Applicable to Common Shares      $     39   $       9    $    153    $    115
                                          ========    ========    ========    ========  
Primary:
  Average Common Shares Outstanding           93.4        93.2        93.4        93.2
 
Fully Diluted:
  Average Common Shares Outstanding           93.4        93.2        93.4        93.2
  Common Stock Equivalents - Options/(1)/       .1          .1          .1          .1
  Conversion of Series A Preferred Stock       9.6         9.6         9.6         9.6
                                          --------    --------    --------    -------- 
  Fully Diluted Average Common
    Shares Outstanding                       103.1       102.9       103.1       102.9
                                          ========    ========    ========    ========   

Primary Earnings per Common Share              .42         .10        1.63        1.23

Fully Diluted Earnings per Share               .43/(2)/    .13/(2)/   1.61        1.25/(2)/
</TABLE>


/(1)/ Common stock equivalents are not included in primary earnings per share
      because they are less than three percent dilutive.

/(2)/ Fully diluted earnings per share were anti-dilutive.

                                     -19-
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         320,494
<SECURITIES>                                   100,000
<RECEIVABLES>                                1,241,682
<ALLOWANCES>                                   167,816
<INVENTORY>                                    909,879
<CURRENT-ASSETS>                             2,530,410
<PP&E>                                       1,063,663
<DEPRECIATION>                                 935,689
<TOTAL-ASSETS>                               2,965,521
<CURRENT-LIABILITIES>                          625,313
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,182
<OTHER-SE>                                   5,322,603
<TOTAL-LIABILITY-AND-EQUITY>                 2,965,521
<SALES>                                      2,619,804
<TOTAL-REVENUES>                             2,623,848
<CGS>                                        1,647,113
<TOTAL-COSTS>                                2,520,804
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                12,613
<INTEREST-EXPENSE>                               6,656
<INCOME-PRETAX>                                 96,388
<INCOME-TAX>                                    38,555
<INCOME-CONTINUING>                             57,833
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 38,555
<CHANGES>                                            0
<NET-INCOME>                                    96,388
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .03
        


</TABLE>
Order entered June 3, 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 15
- 00055
- CV
HIGHLAND CAPITAL MAN AGEMENT, LP, Appellant
V. LOOPER REED & MCGRAW , P.C., N/K/A GRAY R EED & MCGRAW, P.C., Appellee

On Appeal from the 68th Judi cial District Court

Dallas County, Texas Trial Court Cause No. DC
- 13
- 13352



### O RDER
W e GRANT appellant’s June 1, 20 1 5 unopposed motion for extension of time to file reply brief and ORDER the brief be filed no later than July 6, 2015

.
/s/ CRAIG STODDART JU STICE
[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Page 53012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21590]


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

DEPARTMENT OF STATE

[Public Notice 7136]


Culturally Significant Object Imported for Exhibition 
Determinations: ``Ivory Mirror Case''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000, I hereby determine that the object to be 
included in the exhibition ``Ivory Mirror Case,'' imported from abroad 
for temporary exhibition within the United States, is of cultural 
significance. The object is imported pursuant to a loan agreement with 
the foreign owner or custodian. I also determine that the exhibition or 
display of the exhibit object at the Metropolitan Museum of Art, New 
York, New York, from on or about September 15, 2010, until on or about 
September 15, 2015, and at possible additional exhibitions or venues 
yet to be determined, is in the national interest. I have ordered that 
Public Notice of these Determinations be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
description of the exhibit object, contact Paul W. Manning, Attorney-
Adviser, Office of the Legal Adviser, U.S. Department of State 
(telephone: 202-632-6469). The mailing address is U.S. Department of 
State, SA-5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: August 23, 2010.
Ann Stock,
Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2010-21590 Filed 8-27-10; 8:45 am]
BILLING CODE 4710-05-P
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                            2929
<SECURITIES>                                         0
<RECEIVABLES>                                       14
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  3054
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    3054
<CURRENT-LIABILITIES>                               94
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                        2960
<TOTAL-LIABILITY-AND-EQUITY>                      3054
<SALES>                                              0
<TOTAL-REVENUES>                                    41
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                    59
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                   (18)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               (18)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (18)
<EPS-PRIMARY>                                   (0.03)
<EPS-DILUTED>                                   (0.03)
        

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-1175

In re: RONALD ONEAL VALENTINE.

On Petition for Writ of Mandamus. (5:08-hc-02003-FL)

Submitted: March 19, 2008 Decided: May 5, 2008

Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Ronald Oneal Valentine, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this

circuit.
- 2 -

PER CURIAM:

Ronald Oneal Valentine petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his 28

U.S.C. § 2254 (2000) petition. He seeks an order from this court

directing the district court to act. We find there has been no

undue delay in the district court. Accordingly, although we grant

leave to proceed in forma pauperis, we deny the mandamus petition.

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process. 

PETITION DENIED
[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Pages 53006-53007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21539]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>12258 and <greek-i>12259]


Iowa Disaster <greek-i>IA-00026

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 2.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Iowa (FEMA-
1930-DR), dated 07/29/2010.
    Incident: Severe storms, flooding, and tornadoes.
    Incident Period: 06/01/2010 and continuing.
    Effective Date: 08/23/2010.
    Physical Loan Application Deadline Date: 09/27/2010.
    Economic Injury (EIDL) Loan Application Deadline Date: 04/29/2011.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of Iowa, 
dated 07/29/2010, is hereby amended to include the following areas as 
adversely affected by the disaster.

Primary Counties: Calhoun, Clarke, Dallas, Keokuk, Washington, 
Hamilton, Ida.

    All other information in the original declaration remains 
unchanged.


[[Page 53007]]


(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2010-21539 Filed 8-27-10; 8:45 am]
BILLING CODE 8025-01-P
<PAGE>

                                                                    EXHIBIT 99.1

GAINES, BERLAND INC.
NOLAN SECURITIES, INC.
c/o  GAINES, BERLAND INC.
As Representatives of the Several Underwriters
1055 Stewart Avenue
Bethpage, NY 11714
                         Re:  Lock Up Agreement
Gentlemen:

          In order to induce Gaines, Berland Inc. and Nolan Securities, Inc.,
the representatives of the several underwriters (the "Representatives"), and
b2bstores.com Inc., a Delaware corporation (the "Company"), or its successor, to
enter into an underwriting agreement with respect to the public offering of
shares of common stock, (the "Common Stock") of the Company (or its successor),
I hereby agree that for a period of twelve (12) months following the effective
date of the Company's (or its successor's) Registration Statement in connection
with such public offering, I will not, without prior written consent of the
Representatives, directly or indirectly, sell, offer to sell, grant an option
for the sale of, transfer, assign, hypothecate, pledge, distribute or otherwise
dispose or encumber (either pursuant to Rule 144 of the regulations under the
Securities Act of 1933, as amended, or otherwise) any shares of Common Stock of
the Company (or its successor) or options, rights, warrants or other securities
convertible into, Common Stock of the Company (or its successor) or options,
rights, warrants or other securities convertible into, exchangeable or
exercisable for or evidencing any right to purchase or subscribe for shares of
Common Stock of the Company (or its successor) (collectively, the "Securities")
(whether or not beneficially owned by the undersigned), or any beneficial
interest therein, provided, however, that the undersigned may transfer the
Securities, or a beneficial interest therein, in a private transaction pursuant
to an exemption from registration (other than Rule 144) provided that the
transferee agrees in writing to be bound by the terms of this agreement.

          In order to enable the Representatives to enforce the aforesaid
covenants, I hereby consent to the placing of legends and stop-transfer orders
with the transfer agent of the Company's (or its successor's) securities with
respect to any of the securities registered in my name or beneficially owned by
me.

          This Agreement shall be binding on the undersigned and his, her or its
respective successors, heirs, personal representatives and assigns.

          This Agreement shall be governed by and construed in accordance with
the laws of the State of New York, without giving effect to conflict of law
principles.

Dated:  01/12/99
       ----------
Enviro-Clean of America, Inc.
By:
--------------------------------                --------------------------------
Signature                                       Print Address

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

--------------------------------                --------------------------------
Print Name                                      Print Social Security Number or
                                                Taxpayer I.D. number
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-08-322-CR

HUSSEIN ALI TAWIL	APPELLANT

	V.

THE STATE OF TEXAS	STATE

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

	FROM THE 43RD DISTRICT COURT OF PARKER COUNTY

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

	MEMORANDUM OPINION1

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

	Appellant Hussein Ali Tawil entered an open plea of guilty to felony driving while intoxicated (DWI), signing a judicial confession.  The trial court found him guilty and after a hearing, sentenced him to five years’ confinement in the Institutional Division of the Texas Department of Criminal Justice.

	Appellant’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.  In the brief, counsel avers that, in his professional opinion, this appeal is frivolous.  Counsel’s brief and motion meet the requirements of Anders v. California2 by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief.  Although Appellant was given an opportunity to file a brief, he has not done so.

	After an appellant’s court-appointed counsel files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders, this court is obligated to undertake an independent examination of the record.3  Only then may we grant counsel’s motion to withdraw.4  Because Appellant entered an open plea of guilty, our independent review for potential error is limited to potential jurisdictional defects, the voluntariness of his plea, error that is not independent of and supports the judgment of guilt, and error occurring after entry of the guilty plea.5

	We have carefully reviewed counsel’s brief and the record.  We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that arguably might support the appeal.6  Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment.

								PER CURIAM

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: March 12, 2009
II 

113TH CONGRESS 

2D SESSION S. 2308 

To designate Union Station in Washington, DC, as ‘‘Harry S. Truman 

Union Station’’. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2014 

Mrs. MCCASKILL (for herself, Mr. BLUNT, Mr. LEVIN, and Mr. ROCKEFELLER) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To designate Union Station in Washington, DC, as ‘‘Harry 

S. Truman Union Station’’. 

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

3 SECTION 1. HARRY S. TRUMAN UNION STATION. 

4 (a) DESIGNATION.—Union Station, located at 40 

5 Massachusetts Avenue, NE., Washington, DC, shall be 

6 known and designated as ‘‘Harry S. Truman Union Sta7 tion’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 

10 States to the facility referred to in subsection (a) shall 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 2308 IS

1 be deemed to be a reference to the ‘‘Harry S. Truman 

2 Union Station’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
exh102.htm


 










Exhibit 10.2


 


 



AMENDMENT TO THE


AMENDED AND RESTATED EMPLOYMENT AGREEMENT


 


 


    This Amendment (“Amendment”) is entered into as of the 20th day of May 2014, by and between Home Bank (the “Bank”) and John W. Bordelon (the “Executive”).


 


WITNESSETH


 


     WHEREAS, the Bank and the Executive previously entered into an Amended and Restated Employment Agreement, dated as of March 28, 2011 (the “Agreement”); and


 


    WHEREAS, the parties desire to amend the Agreement in order to extend its term, as provided in Section 2(b) thereof.


 


    NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows:


 



    1.   The last sentence in Section 2(a) of the Agreement is amended and restated to read as follows: “The terms and conditions of this Agreement shall be and remain in effect during the period beginning on the Effective Date of this Agreement and ending on June 22, 2017, plus such extensions, if any, as are provided pursuant to Section 2(b) hereof (the “Employment Period”).”




 



    2.   Except to the extent expressly amended hereby, the Agreement shall continue unmodified and shall remain in full force and effect.




 


    IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above.


 



	 	 	HOME BANK	 
	 	 	 	 
	 	 	 	 
	 	 	By:	/s/Michael P. Maraist	 
	 	 	Michael P. Maraist	 
	 	 	Chairman of the Board	 
	 	 	 	 
	 	 	 	 
	 	 	EXECUTIVE	 
	 	 	 	 
	 	 	 	 
	 	 	/s/John W. Bordelon	 
	 	 	John W. Bordelon