alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00088-CR

NO. 03-14-00408-CR

Darius Dontae Lovings, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT

NOS. D-1-DC-12-301231 & D-1-DC-12-203247,

THE HONORABLE JULIE H. KOKUREK, JUDGE PRESIDING

O R D E R A N D M E M O R A N D U M O P I N I O N

PER CURIAM

After the clerk of this Court sent a letter notifying appellant’s court-appointed

counsel, Paul Evans, that the brief in these appeals was overdue, counsel filed a motion requesting

an extension of time to file the brief. We granted the extension, advising counsel that no further

extensions would be granted. To date, the brief has not been tendered for filing and is once

again overdue.

We abate this appeal and remand the case to the trial court. The trial court shall

conduct a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether

counsel has abandoned the appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make

appropriate written findings and recommendations. See Tex. R. App. P. 38.8(b)(2), (3). If
necessary, the court shall appoint substitute counsel who will effectively represent appellant in this

appeal. Following the hearing, which shall be transcribed, the trial court shall order the appropriate

supplemental clerk’s and reporter’s records—including all findings and orders—to be prepared and

forwarded to this Court no later than April 10, 2015. See Tex. R. App. P. 38.8(b)(3).

It is so ordered on this the 13th day of March, 2015.

Before Justices Puryear, Pemberton, and Bourland

Abated and Remanded

Filed: March 13, 2015

Do Not Publish

2
EXHIBIT 32.1  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 accompanying Quarterly Report of VSUS Technologies Incorporated (the "Company") on Form 10-Q for the three month period ending September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Bryan Norcross, Principal Executive Officer of the Company, certify, 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 my knowledge, that:   (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and   (2) The information contained in the Report fully presents, in all material respects, the financial condition and results of operations of the Company.   Date: February 8, 2010By: /s/ Kyle GotshalkKyle GotshalkChief Executive Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-6392

DALE BRUCE JENKINS, 

 Petitioner – Appellant, 

 v. 

ELAINE ROBINSON, Warden, 

 Respondent – Appellee. 

Appeal from the United States District Court for the District of 

South Carolina, at Columbia. Terry L. Wooten, District Judge. 

(3:08-cv-01678-TLW) 

Submitted: July 23, 2009 Decided: July 29, 2009 

Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior 

Circuit Judge. 

Dismissed by unpublished per curiam opinion. 

Dale Bruce Jenkins, Appellant Pro Se. Donald John Zelenka, 

Deputy Assistant Attorney General, Columbia, South Carolina, for 

Appellee. 

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Dale Bruce Jenkins seeks to appeal the district 

court’s order accepting the recommendation of the magistrate 

judge and denying relief on his 28 U.S.C. § 2254 (2006) 

petition. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. See 28 U.S.C. 

§ 2253(c)(1) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. See Miller-El v. Cockrell, 

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 

484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). 

We have independently reviewed the record and conclude that 

Jenkins has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and Jenkins’ motion for a 

transcript at government expense and dismiss the appeal. 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. 

DISMISSED
Exhibit 13.1



CERTIFICATION OF PERIODIC FINANCIAL REPORT

Pursuant to 18 U.S.C. Section 1350



In
connection with the Annual Report of United Microelectronics Corporation (the Company) on Form 20-F for the fiscal year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Jackson Hu, Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: June 29, 2005



By:

/s/ Jackson HuName:

Jackson HuTitle:

Chief Executive Officer




|* | A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
|- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             FEB-07-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       1,944,123
<SECURITIES>                                         0
<RECEIVABLES>                                   36,839
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,980,962
<PP&E>                                       2,571,911
<DEPRECIATION>                                  37,353
<TOTAL-ASSETS>                               5,077,117
<CURRENT-LIABILITIES>                           86,150
<BONDS>                                      4,869,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       243,420
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 5,077,117
<SALES>                                              0
<TOTAL-REVENUES>                               226,890
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               152,351
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             195,992
<INCOME-PRETAX>                              (121,453)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (121,453)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (121,453)
<EPS-PRIMARY>                                   (1.23)
<EPS-DILUTED>                                   (1.23)


</TABLE>
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Umang Gupta, Chief Executive Officer and Chairman of the Board of Keynote Systems, Inc. (the Company), do hereby certify, pursuant to 18
U.S.C Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| |  |  | the Annual Report on Form 10-K of the Company for the year ended September 30, 2004, as filed with the Securities and Exchange Commission on December 15, 2004 (the
Report), fully complies with the requirements of Section 13(a) 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 for the periods presented
therein.
| | - |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date:    December 15, 2004



|                                                                                           
|-------------------------------------------------------------------------------------------
|/s/    UMANG GUPTA                                                                         
|Umang Gupta Chief Executive Officer and Chairman of the Board (Principal Executive Officer)



A signed original of
this written statement required by Section 906 has been provided to Keynote Systems, Inc. and will be retained by it and furnished to the Securities and Exchange Commission or its staff upon request.
#### Isdelia PEREZ, Appellant, v. WALGREEN CO., Appellee.

No. 4D09-4666.

District Court of Appeal of Florida, Fourth District.

May 4, 2011.

Keith Chasin of Law Office of Keith Chasin, Miami, for appellant.

*371Alfredo Marquez-Sterling of Arnstein & Lehr LLP, Miami, for appellee.

PER CURIAM.

*Affirmed. See Martino v. Wal-Mart Stores, Inc.,*835 So.2d 1251, 1257 n. 2 (Fla. 4th DCA 2003), *approved,*908 So.2d 342 (Fla.2005); *Jordan ex rel. Shealey v. Masters,*821 So.2d 342, 346 (Fla. 4th DCA 2002).

WARNER, POLEN and CONNER, JJ„ concur.
Exhibit 10.2 Form of Waiver, executed by each of John R. Buran, Maria A. Grasso, David W. Fry, Francis W. Korzekwinski and Theresa Kelly


             


            WAIVER


             


            In consideration for the benefits I will receive as a result of my employer’s participation in the United States Department of the Treasury’s TARP Capital Purchase Program, I hereby voluntarily waive any claims against the United States or my employer for any changes to my compensation or benefits that are required to comply with the regulation issued by the Department of the Treasury as
            published in the Federal Register on October 20, 2008.


             


            I acknowledge that this regulation may require modification of the compensation, bonus, incentive and other benefit plans, arrangements, policies and agreements (including so-called “golden parachute” agreements) that I have with my employer or in which I participate as they relate to the period the United States holds any equity or debt securities of my employer acquired through the TARP
            Capital Purchase Program,.


             


            This waiver includes all claims I may have under the laws of the United States or any state related to the requirements imposed by the aforementioned regulation, including without limitation a claim for any compensation or other payments I would otherwise receive, any challenge to the process by which this regulation was adopted and any tort or constitutional claim about the effect of these
            regulations on my employment relationship.


             


            
                	
                             

                        	
                            ______________________________________
Exhibit 10.21
 
 RC2 Corporation
 1111 W. 22nd Street
 Suite 320
 Oak Brook, IL  60523
 Phone (630) 573-7200
 Fax (630) 573-7575





December 28, 2010







Peter J. Henseler

113 Lewis Lane

Wheaton, IL 60187


Dear Pete:
Re:
Amendment to Employment Agreement




The purpose of this letter is to make a technical amendment to the Employment Agreement between you and RC2 dated April 1, 2008 (your "Employment Agreement").  The following is hereby added to the end of section 6(d) of your Employment Agreement:




Notwithstanding anything herein to the contrary, any Change of Control Severance Payment in excess of the Severance Exception Limit shall be paid on the same schedule as Salary Continuation Severance Payments (in proportionate installments for amounts calculated with reference to Base Salary) and the Bonus Severance Payment (in proportionate installments for amounts calculated with reference to the Bonus Plan) unless the applicable Termination Date occurs within the two-year period following a "change in control event" (within the meaning of Treasury Regulation section 1.409A-3(i)(5)).




Undefined terms in this letter have the meaning provided in your Employment Agreement.  Please confirm your acceptance of this letter and the amendment to your Employment Agreement by signing and returning a copy of this letter to me.




Yours very truly,





RC2 CORPORATION





BY/s/  Linda A. Huett


Linda A. Huett


Compensation Committee Chairperson


Accepted and agreed to this


30th day of December, 2010





/s/  Peter J. Henseler


Peter J. Henseler
I 

110TH CONGRESS 

1ST SESSION H. R. 143 

To provide for the security of critical energy infrastructure. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2007 

Mr. GENE GREEN of Texas introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL 

To provide for the security of critical energy infrastructure. 

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

3 SECTION 1. EVACUATION PLAN REVIEW. 

4 Not later than 6 months after the date of enactment 

5 of this Act, the Secretary of Energy shall transmit to the 

6 Congress a report of the Secretary’s review of the fuel sup7 ply plan components of State evacuation plans and the 

8 National Capitol region. Such report shall determine the 

9 sufficiency of such plans, and shall include recommenda10 tions for improvements thereto. Annually after the trans11 mittal of a report under this section, the Secretary shall 


sroberts on PROD1PC70 with BILLS
2 

•HR 143 IH

1 transmit a report to the Congress assessing plans found 

2 insufficient under previous reports. 

3 SEC. 2. DISASTER ASSISTANCE. 

4 (a) AUTHORITY.—During any federally declared 

5 emergency or disaster, the Secretary of Energy may pro6 vide direct assistance to private sector entities that oper7 ate critical energy infrastructure, including refineries. 

8 (b) ASSISTANCE.—Assistance under this section may 

9 include emergency preparation and recovery assistance, in10 cluding power generation equipment, other protective or 

11 emergency recovery equipment, assistance to restore ac12 cess to water, power, or other raw materials, and transpor13 tation and housing for critical employees. The Secretary 

14 may request assistance from other Federal agencies in 

15 carrying out this section. 

16 SEC. 3. CRITICAL ENERGY ASSURANCE ACCOUNT. 

17 There is established in the Treasury an account 

18 known as the Critical Energy Assurance Account. The 

19 Secretary of Energy shall deposit into this account 

20 amounts appropriated to the Secretary for the purpose of 

21 carrying out this Act and payments paid to the Secretary 

22 by any non-Federal source for the purpose of carrying out 

23 this Act. The Secretary may receive and accept payments 

24 from any non-Federal source, and amounts deposited into 

25 the account, whether appropriated or received from a nonVerDate Aug 31 2005 17:04 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H143.IH H143

sroberts on PROD1PC70 with BILLS
3 

•HR 143 IH

1 Federal source, shall be available to the Secretary, without 

2 further appropriation, for carrying out this Act. 

3 SEC. 4. REGULATIONS. 

4 The Secretary of Energy may issue regulations nec5 essary or appropriate to carry out this Act. 

Æ 


sroberts on PROD1PC70 with BILLS
## United States Court of Appeals for the Federal Circuit

ERRATA

February 22, 2010

Appeal No. 2008-5181, HONEYWELL INTERNATIONAL v. US

Precedential Opinion

Decided: February 18, 2010

Please correct the following:

On page 10, line 17, delete “district court’s” and insert --Court of Federal Claims’--

On page 11, lines 15-17, delete both “disclose” and insert --discloses--

On page 17, line 16, delete “descr ibers” and insert --describes--
#### Brake *v.*Brake

[No. 19,442.

Filed December 27, 1960.]

*Robert H. Orbison, Baker & Orbison,*of counsel, of Indianapolis, *Russell I. Richardson*and *Stewart & Richardson,*of counsel, of Lebanon, for appellant.

*Charles D. Babcock,*of Indianapolis, for appellee.

Ax, C. J.

This is an action for divorce originally filed by the appellee against the appellant. From a finding and judgment for appellee, appellant has perfected his appeal in this court, having duly filed the transcript, *390assignment of errors and brief within the proper time. The sole error assigned was the overruling of appellant’s motion for a new trial.

Thereafter, without filing an answer brief, appellee filed a confession of error.

Having examined the record and finding merit in appellee’s confession of error, the judgment is therefore reversed and this cause is remanded to the trial court with instructions to sustain appellant’s motion for a new trial.

Note. — Reported in 170 N. E. 2d 908.
**Exhibit 23**
CONSENT OF INDEPENDENTREGISTERED PUBLIC ACCOUNTING FIRMWe hereby consent to the incorporation by reference in the Registration Statement on Form S-3 (FileNo. 333-117842), Registration Statement on Form S-8 (File No. 333-1100630) and RegistrationStatements on Form S-4 (File No.’s 333-63052 and 333-117841) of First Industrial, L.P. of our reportdated March 30, 2005, except for the restatement described in Note 20 to the consolidated financialstatements and the matter described in the penultimate paragraph of Management’s Report onInternal Control Over Financial Reporting, as to which date is December 21, 2005, relating to thefinancial statements, financial statement schedules, management’s assessment of the effectivenessof internal control over financial reporting and the effectiveness of internal control overfinancial reporting, which appears in this Form 10-K/A.PricewaterhouseCoopers LLP
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1335 Referred in Senate (RFS)]

  1st Session
                                H. R. 1335

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2007

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 508 East Main Street in Seneca, South Carolina, as the ``S/Sgt Lewis 
                   G. Watkins Post Office Building''.

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

SECTION 1. S/SGT LEWIS G. WATKINS POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 508 East Main Street in Seneca, South Carolina, shall be 
known and designated as the ``S/Sgt Lewis G. Watkins Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``S/Sgt 
Lewis G. Watkins Post Office Building''.

            Passed the House of Representatives May 14, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
#### Clifton B. AYCHE v. STATE of Louisiana.

No. 2010-OK-0381.

Supreme Court of Louisiana.

Feb. 18, 2011.

In re Ayche, Clifton B.; —Plaintiff; Applying For Supervisory and/or Remedial *324Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 04-6318; to the Court of Appeal, Fifth Circuit, No. 09-KH-1066.

Denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF FIRST VIRTUAL CORPORATION FOR THE QUARTER
ENDED MARCH 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                              82
<SECURITIES>                                         0
<RECEIVABLES>                                    5,985
<ALLOWANCES>                                       215
<INVENTORY>                                      2,687
<CURRENT-ASSETS>                                 9,484
<PP&E>                                           2,571
<DEPRECIATION>                                   1,216
<TOTAL-ASSETS>                                  11,625
<CURRENT-LIABILITIES>                            8,132
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          8
<COMMON>                                             5
<OTHER-SE>                                       2,391
<TOTAL-LIABILITY-AND-EQUITY>                    11,625
<SALES>                                          9,042
<TOTAL-REVENUES>                                 9,042
<CGS>                                            4,832
<TOTAL-COSTS>                                    9,333
<OTHER-EXPENSES>                                 4,501
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 212
<INCOME-PRETAX>                                  (492)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (492)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (492)
<EPS-PRIMARY>                                   (0.13)
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</TABLE>