alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-93,330-01 and WR-93,330-02

EX PARTE LOVELL JUNIOR KELLY, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NO. 1519288-A & 1519289-A IN THE 182 DISTRICT COURT ND

FROM HARRIS COUNTY

Per curiam.

O R D E R

Applicant was convicted of aggravated assault with a deadlyweapon and felon in possession

of a weapon and sentenced to seventeen years’ imprisonment in each cause. The Fourteenth Court

of Appeals affirmed his convictions. Kelly v. State, No. 14-18-00104-CR & 14-18-00105-CR (Tex.

App.—Houston [14 Dist.] March 7, 2019)(not designated for publication). Applicant filed these th

applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded

them to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that trial counsel was ineffective because he failed to challenge the

conviction on double jeopardy grounds, he failed to challenge an enhancement, and he changed the

punishment election without Applicant’s consent. Applicant also alleges that appellate counsel

failed to raise a viable appellate issue and failed to inform him of his right to file a pro se petition
2

for discretionary review. Applicant has alleged facts that, if true, might entitle him to relief.

Strickland v. Washington, 466 U.S. 668 (1984). Accordingly, the record should be developed. The

trial court is the appropriate forum for findings of fact. TEX. CODE CRIM. PROC. art. 11.07, § 3(d). 

The trial court shall order both trial and appellate counsel to respond to Applicant’s claims. 

In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). If the

trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is

indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him

at the hearing. See TEX. CODE CRIM. PROC. art. 26.04. If counsel is appointed or retained, the trial

court shall immediately notify this Court of counsel’s name.

The trial court shall make findings of fact and conclusions of law as to whethertrial counsel’s

performance was deficient and Applicant was prejudiced. The trial court shall also make findings

as to whether appellate counsel’s performance was deficient and whether he timely informed

Applicant of his right to file a petition for discretionary review. The trial court may make any other

findings and conclusions that it deems appropriate in response to Applicant’s claims.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP.P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court.

Filed: January 12, 2022

Do not publish
DENY; and Opinion Filed May 19, 2014.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-14-00584-CV

IN RE DIXIE FRANKLIN, Relator

Original Proceeding from the 301st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-09-07141-T

MEMORANDUM OPINION

Before Justices Bridges, Lang-Miers, and Myers 

Opinion by Justice Lang-Miers

Relator files this petition for writ of mandamus, seeking relief from the trial court’s May 

5, 2014 temporary orders. The facts and issues are well known to the parties, so we need not 

recount them herein. Both the Rule 52.3(j) and 52.3(k) certifications of the petition for writ of 

mandamus and the appendix are defective. TEX. R. APP. P. 52.3(j), (k). The rule 52.3(j) 

certification must include the statement that the person filing the petition “has reviewed the 

petition and concluded that every factual statement is supported by competent evidence included 

in the appendix or record.” TEX. R. APP. P. 52.3(j). The crucial element missing in the rule

52.3(j) certification of this petition is the certification as to the competence of the evidence 

supporting the petition for writ of mandamus. 

The rule 52.3(k) certification of the appendix is defective because the attached documents 

are not certified copies and relator’s counsel only swears that the documents are true and correct 

copies “to the best of my knowledge and ability” and “to the best of my knowledge.” To be a 
–2–

sworn copy, documents must be attached to a proper affidavit. Republic Nat’l Leasing Corp. v. 

Schindler, 717 S.W.2d 606, 607 (Tex. 1986) (per curiam). An affidavit must affirmatively show 

it is based on the personal knowledge of the affiant. Brownlee v. Brownlee, 665 S.W.2d 111, 

112 (Tex. 1984). An affidavit under Rule 52.3(k) must “positively and unqualifiedly represent 

the ‘facts’ as disclosed to be true and within the affiant's personal knowledge.” In re Butler, 270 

S.W.3d 757, 759 (Tex. App.—Dallas 2008, orig. proceeding) (citing Brownlee, 665 S.W.2d at 

112). As in Butler, in this case the affiant does not swear to personal knowledge the copy of the 

documents in the appendix are correct copies of the originals. Rather, she equivocates “to the 

best of my knowledge,” and “to the best of my knowledge and ability.” Both of these statements 

imply less than personal knowledge and do not meet the requirements of rule 52.3(k). See Butler, 

270 S.W.3d at 759; Brownlee, 665 S.W.2d at 112. Because the appendix is deficient under rule 

52.3(k), the mandamus record is also deficient under rule 52.7. TEX. R. APP. P. 52.7 (relator 

must file a record containing “a certified or sworn copy of every document that is material to the

relator’s claim for relief and that was filed in any underlying proceeding”). Because we 

conclude relators’ petition and record are not authenticated as required by the Texas Rules of 

Appellate Procedure, we DENY the petition for writ of mandamus.

140584F.P05

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Notices]
[Pages 56119-56120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23063]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the 
Pathobiology of Kidney Disease Study Section, October 7, 2010, 8 a.m. 
to October 7, 2010, 7

[[Page 56120]]

p.m., Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin 
Avenue, Bethesda, MD 20814 which was published in the Federal Register 
on August 31, 2010, 75 FR 53317-53319.
    The meeting will be two days October 6, 2010, 7 p.m. to October 7, 
2010, 5 p.m. The meeting location remains the same. The meeting is 
closed to the public.

    Dated: September 8, 2010.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-23063 Filed 9-14-10; 8:45 am]
BILLING CODE 4140-01-P
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6069
WARREN CHASE, Plaintiff - Appellant, versus CORRECTIONAL MEDICAL SERVICE, INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the District ofMaryland, at Baltimore. Catherine C. Blake, District Judge. (CA04-2808-1-CCB) Submitted: April 14, 2005 Decided: April 20, 2005 Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Warren Chase, Appellant Pro Se. Philip Melton Andrews, Mindy Lynn Caplan, KRAMON & GRAHAM, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Warren Chase appeals a district court order granting the Defendant summary judgment and dismissing his complaint seeking an emergency order for medical services. We have reviewed the record and the district court’s order and memorandum and affirm for the reasons stated by the district court. See Chase v. Correctional Med. Serv., Inc. , No. CA-04-2808-1-CCB (D. Md. Dec. 6, 2004). 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.

AFFIRMED
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 95-40679

Conference Calendar

 

ROBERT WAYNE MITCHELL,

Plaintiff-Appellant,

versus

ROBERT J. PARKER, WARDEN; JAMES E. STEWARD; DIANA L. KELLY,

FEMALE; RANDOLPH T. MCVEY, ADMINISTRATOR OF DEPARTMENTAL

GRIEVANCES,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:94-CV-107

- - - - - - - - - -

October 23, 1996

Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Robert Wayne Mitchell, #599854, appeals the judgment of the

district court dismissing his civil rights action. He argues

that the appellees violated his Eighth Amendment rights by

assigning him to perform work in the field that was inconsistent

with his medical classification. We have reviewed the record and

Mitchell’s brief and AFFIRM the district court’s dismissal for
No.

- 2 -

essentially the same reasons adopted by the district court. 

Mitchell v. Parker, No. 6:94-CV-107 (E.D. Tex. Aug. 3, 1995).

AFFIRMED.
I, CATHY S. LUSK, Clerk of the Court of Appeals for the Twelfth Court of Appeals

District of the State of Texas, do hereby certify that Pither Plumbing Co., Inc., Plaintiff in the

trial court secured an extension of thirty-one (31) days in which to file Appellee’s Brief in the

following numbered and entitled cause:

American Idol, General, LP d/b/a The REO, and Randy Hanson a/k/a Randall Hanson

No. 12-14-00134-CV vs.

Pither Plumbing Co., Inc.

This certificate is made pursuant to Tex. Rev. Civ. State. Ann. art. 5069, 1.05 sec. 3(c)

(Vernon Supp. 1985) to assist the Clerk of the Trial Court in calculating the amount of postjudgment interest accrued.

WITNESS MY HAND and seal of said Court at Tyler, Texas, this 10th day of July 2015,

A.D.

Respectfully yours,

CATHY S. LUSK, CLERK

By: ______________________________

 Katrina McClenny, Chief Deputy Clerk

FILE COPY
News United States Air Force
 Travis AFB announces first COVID-19 casesPublished March 16, 2020
                        
                        By 60th Air Mobility Wing Public Affairs
                **TRAVIS AIR FORCE BASE, Calif. (AFNS) --**
                Travis Air Force Base is currently monitoring two positive cases of COVID-19 for an active-duty Airman and a dependent of a service member. Samples from the individuals were taken and sent to a DoD laboratory where the tests were confirmed positive.
The individuals are in isolation at their respective off-base residences. The appropriate county public health officials have been notified.
“We are coordinating closely with our (Travis AFB) and local county medical professionals to provide important care to the Airman and family member,” said Col. Jeffrey Nelson, 60th Air Mobility Wing commander. “My leadership team and I are committed to the continued safety of our entire community and actively engaged and monitoring this evolving situation. We will continue working together with on- and off-base health care agencies to mitigate the effects of this virus and provide pertinent updates as timely as possible.”
Public health officials have begun the contact tracing process to notify those who may have come into contact with the positive individuals.
The base remains in Health Protection Condition Bravo, or HPCON B, where Travis AFB team members and families are encouraged to practice prevention measures including following strict hygiene, social distancing, staying home if sick, self-isolating if exposed, avoiding contaminated food or water and contacting their healthcare provider for notification of personal symptoms.
For any additional questions outside the scope of this statement, please contact Travis AFB Public Affairs.LR 



USAF 



AF 



Air Force 



COVID-19 



virus 



coronavirus 



Travis Air Force Base 



Travis AFB 



Center for Disease Control 



DoD Laboratory 



Health Protection Condition Bravo 



HPCON B 



60th Air Mobility Wing 



60th AMW Related Links
        COVID-19 Resources
News United States Air Force
 USAFE supports Italy COVID-19 responsePublished March 22, 2020
                        
                        
                        U.S. Air Forces in Europe
                **U.S. AIR FORCES IN EUROPE --**
                In response to the ongoing the coronavirus disease 2019 (COVID-19) outbreak, an 86th Airlift Wing C-130J Super Hercules out of Ramstein Air Base, Germany, transported an En-Route Patient Staging System (ERPSS) to Aviano Air Base, Italy, for delivery to the Italian Ministry of Defense. This mobile, or fixed system, provides 10 patient holding/staging beds and can support a maximum throughput of 40 patients in a 24-hour period.
“The COVID-19 pandemic requires that we work with our Allies and partners to meet the challenges together,” said Gen. Jeff Harrigian, U.S Air Forces in Europe commander.
“This effort demonstrates out mutual support as we team together in response to this public health crisis. We are working closely with our Italian friends, the Department of State, and U.S. European Command to ensure we provide the right equipment in a safe and timely manner,” Harrigian said. “It’s our privilege to support the Italian response, and our continued commitment reflects the values of the American people to provide assistance whenever and wherever it is needed.”
The ERPSS system comes with seven days of medical supplies, operates within two tents and can achieve initial operating capability within one hour of notification. This particular configuration includes a 15-day resupply pallet.
USAFE prepositioned the equipment at Aviano AB as a prudent measure to potentially support higher COVID-19 risk areas.COVID-19 



USAF 



AF 



Air Force 



USAFE 



U.S. Air Forces Europe 



CDC 



Center for Disease Control 



En-Route Patient Staging System 



EPRSS 



Ramstein Air Base 



Aviano Air Base 



EUCOM 



C-130J Hercules
Exhibit 32.3

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 on Form 10-K/A of TripAdvisor, Inc. (the Company) for the year ended December 31, 2012, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Stephen Kaufer, Chief
Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



|1. | the Report which this statement accompanies fully complies 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 Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                        
|-------------------- |  | -----------------------
|Date: April 30, 2013 |  | /s/ STEPHEN KAUFER     
|                     |  | Stephen Kaufer         
|                     |  | Chief Executive Officer
II 

113TH CONGRESS 

1ST SESSION S. 414 

To amend the Water Resources Development Act of 2000 to provide for 

expedited project implementation relating to the comprehensive Everglades restoration plan. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2013 

Mr. NELSON introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend the Water Resources Development Act of 2000 

to provide for expedited project implementation relating 

to the comprehensive Everglades restoration plan. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Everglades for the 

5 Next Generation Act’’. 


pmangrum on DSK3VPTVN1PROD with BILLS
2 

•S 414 IS

1 SEC. 2. COMPREHENSIVE EVERGLADES RESTORATION 

2 PLAN. 

3 Section 601(d) of the Water Resources Development 

4 Act of 2000 (Public Law 106–541; 114 Stat. 2684) is 

5 amended— 

6 (1) in paragraph (1), by inserting ‘‘and subject 

7 to paragraph (3)’’ after ‘‘subsection (b) or (c)’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(3) EXPEDITED PROJECT IMPLEMENTA10 TION.—After completing a project implementation 

11 report prepared in accordance with subsections (f) 

12 and (h), the Secretary may carry out, without any 

13 further congressional authorization, projects for— 

14 ‘‘(A) the Caloosahatchee River (C–43) 

15 West Basin Storage Reservoir; 

16 ‘‘(B) the Biscayne Bay coastal wetland; 

17 ‘‘(C) Broward County water preserve 

18 areas; 

19 ‘‘(D) the C–111 Spreader Canal; 

20 ‘‘(E) any other project identified in the 

21 Plan for which a project implementation report 

22 is completed that is in accordance with an inte23 grated delivery schedule approved by the Chief 

24 of Engineers and the South Florida Water 

25 Management District, in consultation with the 

26 South Florida Ecosystem Restoration Task 


pmangrum on DSK3VPTVN1PROD with BILLS
3 

•S 414 IS

1 Force, subject to the condition that the report 

2 is completed not later than 5 years after the 

3 date of enactment of this paragraph; and 

4 ‘‘(F) any group of projects under the Plan 

5 that the Secretary determines will provide re6 gional or watershed ecosystem or water supply 

7 benefits if the group of projects is constructed 

8 in accordance with a project implementation re9 port approved by the Chief of Engineers and 

10 the South Florida Water Management District, 

11 in consultation with the South Florida Eco12 system Restoration Task Force, not later than 

13 5 years after the date of enactment of this 

14 paragraph.’’. 

Æ 


pmangrum on DSK3VPTVN1PROD with BILLS
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTEDPURSUANT TO SECTION 906 OF****THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Document Security Systems, Inc. (the “*Company*”)on Form 10-QSB for the quarter ending September 30, 2005 as filed with the Securitiesand Exchange Commission on the date hereof (the “*Report”*), I, Patrick White, Chief Executive Officer of the Company certify, pursuant to 18 U.S.C. section1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

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

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: November 14, 2005

/s/Patrick WhitePatrick WhiteChief Executive Officer 

----
#### STATE OF NEW JERSEY v. RONALD LEE ALEXANDER.

Feb. 11, 1980.

Petition for certification denied.
II 

113TH CONGRESS 

2D SESSION S. 2843 

To amend title 10, United States Code, to provide certain members of the 

reserve components of the Armed Forces who are victims of sex-related 

offenses with access to a special victims’ counsel. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17 (legislative day, SEPTEMBER 16), 2014 

Ms. KLOBUCHAR (for herself and Ms. AYOTTE) introduced the following bill; 

which was read twice and referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide certain 

members of the reserve components of the Armed Forces 

who are victims of sex-related offenses with access to 

a special victims’ counsel. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Guard and 

5 Reserve Access to Counsel Act’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 2843 IS

1 SEC. 2. ACCESS TO SPECIAL VICTIMS’ COUNSEL. 

2 (a) IN GENERAL.—Subsection (a) of section 1044e 

3 of title 10, United States Code, is amended to read as 

4 follows: 

5 ‘‘(a) DESIGNATION; PURPOSES.—(1) The Secretary 

6 concerned shall designate legal counsel (to be known as 

7 ‘Special Victims’ Counsel’) for the purpose of providing 

8 legal assistance to an individual described in paragraph 

9 (2) who is the victim of an alleged sex-related offense, re10 gardless of whether the report of that offense is restricted 

11 or unrestricted. 

12 ‘‘(2) An individual described in this paragraph is any 

13 of the following: 

14 ‘‘(A) An individual eligible for military legal as15 sistance under section 1044 of this title. 

16 ‘‘(B) An individual who is— 

17 ‘‘(i) not covered under subparagraph (A); 

18 ‘‘(ii) a member of a reserve component of 

19 the armed forces; and 

20 ‘‘(iii) a victim of an alleged sex-related of21 fense as described in paragraph (1)— 

22 ‘‘(I) during a period in which the indi23 vidual served on active duty, full-time Na24 tional Guard duty, or inactive-duty train25 ing; or 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•S 2843 IS

1 ‘‘(II) during any period, regardless of 

2 the duty status of the individual, if the cir3 cumstances of the alleged sex-related of4 fense have a nexus to the military service 

5 of the victim, as determined under regula6 tions prescribed by the Secretary of De7 fense.’’. 

8 (b) CONFORMING AMENDMENT.—Subsection (f) of 

9 such section is amended by striking ‘‘eligible for military 

10 legal assistance under section 1044 of this title’’ each 

11 place it appears and inserting ‘‘described in subsection 

12 (a)(2)’’. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
News United States Air Force
 Around the Air Force: Around the Air Force: F-15EX Contract Awarded, Air Force continues diversity and inclusionPublished July 17, 2020
                        
                        By Senior Airman Koby Saunders
                        
                        
                        Air Force TV
                **FORT GEORGE G. MEADE, Md. (AFNS) --**
                Today’s look Around the Air Force features the Air Force’s contract with Boeing for F-15EX fighter aircraft, Secretary of the Air Force Barbara Barrett chairs the DoD’s new board on diversity and inclusion, and an update to dress and appearance standards to make them more inclusive. (Hosted by Senior Airman Koby Saunders)





For previous episodes, click **here** for the Air Force TV page.
Related links:
-The Air Force’s contract with Boeing for F-15EX fighter aircraft
-Secretary of the Air Force Barbara Barrett chairs the DoD’s new board on diversity and inclusion
-An update to dress and appearance standards to make them more inclusiveFeatured Video 



AFTV 



ATAF 



Around the Air Force 



Air Force 



AF 



USAF 



inclusion 



diversity 



Dress and Appearance 



F-15 



modernization 



F-15EX 



data 



warfare