alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Louisiana v. John W. WEST.

No. 2009-KH-2810.

Supreme Court of Louisiana.

Dec. 10, 2010.

*149PER CURIAM.1

[ jWrit granted; relief denied. The court of appeal erred to the extent that it implied that relator’s claim of ineffective assistance of counsel was waived as a “non-jurisdictional defect” by entering guilty pleas to the charged crimes. Established jurisprudence of this Court provides that the Sixth and Fourteenth Amendments and La. Const, art. I, § 2 and § 13 protect a defendant pleading guilty. “When a defendant enters a counseled plea of guilty, this court will review the quality of counsel’s representation in deciding whether the plea should be set aside.” *State v. Beatty,*391 So.2d 828, 831 (La.1980); *see also State ex rel. Scott v. State,*93-0401 (La.3/16/95), 651 So.2d 1344. The two-part test of *Strickland v. Washington,*466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), applies to challenges of guilty pleas based on claims of ineffective assistance of counsel. *Hill v. Lockhart,*474 U.S. 52, 58, 106 S.Ct. 366, 370, 88 L.Ed.2d 203 (1985); *State v. Washington,*491 So.2d 1337, 1339 (La.1986).

• Nonetheless, a review of the transcripts of the guilty plea, sentencing and the evi-dentiary hearing on relator’s post-conviction application reveals that relator has failed to establish either (1) that counsel’s performance fell below an objective standard of reasonableness under prevailing professional norms; or (2) that counsel’s inadequate performance prejudiced relator to the extent that the proceedings were rendered unfair and the convictions suspect. Accordingly, the district court’s ruling denying relief is upheld.

1

. Kimball, CJ, not participating.
#### Timothy SHIELDS, Appellant, v. STATE of Florida, Appellee.

No. 4D08-1710.

District Court of Appeal of Florida, Fourth District.

May 4, 2011.

Timothy Shields, Orlando, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Timothy Shields appeals a St. Lucie Circuit Court order denying some of the claims he raised in his motion for post-conviction relief following an evidentiary hearing, and an earlier order summarily denying his remaining claims.

Shields was convicted, in separate trials, of aggravated assault with a deadly weapon, and of possession of a firearm by a convicted felon in the other. He appealed his conviction and sentence in the possession case only, and this Court affirmed without opinion in *Shields v. State,*869 So.2d 567 (Fla. 4th DCA 2004). He then timely filed a motion for post-conviction relief pursuant to Fla. R.Crim. P. 3.850 raising six claims of ineffective assistance of trial counsel.

The trial court summarily denied portions of grounds one and two of the mo*386tion, relating to the prosecutor’s opening statement, and grounds three and six. It then ordered an evidentiary hearing on the remaining grounds. At the conclusion of the evidentiary hearing, a successor trial court judge advised that he would later rule on the record. There is no record of the court having ruled. Instead, it appears that the trial court entered a written order stating that the claims entertained at the evidentiary hearing were being denied based on findings announced in open court. No such findings or conclusions are in the record.

We affirm without further comment the trial court’s summary denial of those portions of grounds one and two as identified by the court, as well as grounds three and six. However, we are unable to reach the merits of Shields’s challenges to the trial court’s denial of those claims considered after evidentiary hearing, given the absence of findings of fact and conclusions of law. Rule 3.850(d) provides in part: *“If an evidentiary hearing is required, the court shall grant a prompt hearing thereon and shall cause notice thereof to be served on the state attorney, determine the issues, and make findings of fact and conclusions of law with respect thereto.”*(emphasis added).

Therefore, we reverse and remand for the trial court to make the required findings of fact and conclusions of law on those claims considered at the evidentiary hearing. *Miller v. State,*908 So.2d 1168 (Fla. 3d DCA 2005); *Thomas v. State,*954 So.2d 56 (Fla. 1st DCA 2007).

*Affirmed in part, Reversed and Remanded in part with instructions.*

POLEN, HAZOURI and DAMOORGIAN, JJ., concur.
**Exhibit32**

 

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

 

In connection with the Form 10-Q/A of AlternativeResources Corporation (the “Company”) for the period ending March 31, 2003 asfiled with the Securities and Exchange Commission on the date hereof (the“Report”), the undersigned Chief Executive Officer and Chief Financial Officerof the Company hereby certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that based on theirknowledge:

 

(1) The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, and

 

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company as of and for theperiods covered in the Report.

 

 
| /s/ Robert P. Stanojev                       |                   |   |
|----------------------------------------------|------------------------|--------|
| Robert P. Stanojev,  Chief Executive Officer | Date: January 28, 2004 |
|                                         |                   |
|                                         |                   |
| /s/ Steven Purcell                           |                   |   |
| Steven Purcell, Chief  Financial Officer     | Date: January 28, 2004 |

 

----
#### Maria RODRIGUEZ, as Administratrix of the Estate of Emma ARREZOLA, Brenda Arrezola, individually and as Administratrix of the Estate of Carlos Jesus Lana and Alfredo Robledo, Sr., as Administrator of the Estate of Alfredo Robledo, Jr. v. Maria RODRIGUEZ, Liberty Mutual Fire Insurance Company, Jamie L. Housewright, Pine Belt Transportation, LLC., Steve E. Cooper and ABC Insurance Company.

No. 2011-CC-0152.

Supreme Court of Louisiana.

March 25, 2011.

In re Arrezola, Brenda; Arrezola, Estate of Emma; Lana, Estate of Carlos Jesus; Robledo Jr., Estate of Alfredo; Robledo Sr., Alfredo; Rodriguez, Maria et al.; —Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. E, No. 2009-0003765; to the Court of Appeal, First Circuit, No. 2010 CW 1859.

Denied.
**Exhibit32.1**

 

CERTIFICATION PURSUANT

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report ofMakeMusic! Inc. (the “Company”) on Form 10-QSB for the quarter endedMarch 31, 2004 as filed with the Securities and Exchange Commission (the“Report”), I, Philip Sean Lafleur, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of theSarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| May 7, 2004 |                    |
|-------------|-------------------------|
|        |                    |
|        |                    |
|        | /s/ Philip Sean Lafleur |   |
|        | Chief Executive Officer |

 

----
#### Roberta T. THOMPSON, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and Comprehensive Health Management, Appellee.

No. 1D10-1692.

District Court of Appeal of Florida, First District.

Oct. 7, 2010.

Bradley A. Tobin of the Tobin Law Firm, PLLC, Tampa, for Appellant.

Geri Atkinson-Hazelton, General Counsel, Unemployment Appeals Commission, and M. Elaine Howard, Deputy General Counsel, Tallahassee, for Appellee.

PER CURIAM.

Claimant appeals an order of the Unemployment Appeals Commission which found her ineligible for benefits. The Commission has filed a motion to retract its order which we treat as a concession of error. In light of that concession, we reverse and remand the cause to the Commission for further proceedings consistent with *Doig v. Unemployment Appeals Commission,*862 So.2d 76 (Fla. 1st DCA 2003).

REVERSED and REMANDED.

BENTON, THOMAS, and ROWE, JJ., concur.
* Pursuant to 5TH CIR. R. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-20202

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN ANTONIO CONTRERAS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-97-CV-882

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

February 4, 1999

Before EMILIO M. GARZA, DeMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:*

Federal prisoner Juan Antonio Contreras seeks a certificate

of appealability (“COA”) to appeal the district court’s denial of

his motion to vacate, set aside, or correct sentence, pursuant to

28 U.S.C. § 2255. He renews each of the claims raised in his 

§ 2255 motion. Contreras has also filed a motion to supplement

his COA request, which motion is GRANTED.
No. 98-20202

- 2 -

Although some of Contreras’ claims may be barred, the record

in the instant case does not conclusively show that Contreras is

entitled to no relief. Thus, the district court erred in failing

to provide findings and conclusions in support of its denial of 

§ 2255 relief. See United States v. Daly, 823 F.2d 871, 872 (5th

Cir. 1987); United States v. Edwards, 711 F.2d 633, 633 (5th cir.

1983). COA is therefore GRANTED, the district court’s order is

VACATED, and the case is REMANDED. On remand, the district court

should provide its findings and conclusions of law. 

MOTION TO SUPPLEMENT GRANTED; COA GRANTED; VACATED AND

REMANDED.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1392 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 1392

 To amend the Homeland Security Act of 2002 to direct the Secretary of 
 Homeland Security to require, as a condition of receiving a homeland 
     security grant, that a grant recipient submit reports on each 
                  expenditure made using grant funds.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2007

 Mr. Weiner (for himself and Mr. Flake) introduced the following bill; 
        which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL

 
 To amend the Homeland Security Act of 2002 to direct the Secretary of 
 Homeland Security to require, as a condition of receiving a homeland 
     security grant, that a grant recipient submit reports on each 
                  expenditure made using grant funds.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Transparency Act 
of 2007''.

SEC. 2. EXPENDITURE REPORTS AS A CONDITION OF HOMELAND SECURITY GRANTS.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the 
following new section:

``SEC. 890A. EXPENDITURE REPORTS AS A CONDITION OF HOMELAND SECURITY 
              GRANTS.

    ``(a) Quarterly Reports Required as a Condition of Homeland 
Security Grants.--
            ``(1) Expenditure reports required.--As a condition of 
        receiving a grant administered by the Secretary, the Secretary 
        shall require the grant recipient to submit quarterly reports 
        to the Secretary describing the nature and amount of each 
        expenditure made by the recipient using grant funds.
            ``(2) Deadline for reports.--Each report required under 
        paragraph (1) shall be submitted not later than 30 days after 
        the last day of a fiscal quarter and shall cover expenditures 
        made during that fiscal quarter.
    ``(b) Publication of Expenditures.--Not later than one week after 
receiving a report under subsection (a), the Secretary shall publish 
and make publicly available on the Internet website of the Department a 
description of the nature and amount of each expenditure covered by the 
report.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to such 
subtitle the following:

``Sec. 890A. Expenditure reports as a condition of homeland security 
                            grants.''.
                                 <all>
```
<PAGE>
                                                                    EXHIBIT 23.2


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We have issued our report dated January 31, 2001 accompanying the consolidated
financial statements of Noble International, Ltd. and subsidiaries appearing in
the Annual Report on Form 10-K for the year ended December 31, 2000. We consent
to the incorporation by reference in the Registration Statements of the Company
on Form S-3 (Registration No. 333-68001) and on Form S-8 (Registration No.
333-74784) of the aforementioned report.


GRANT THORNTON LLP

Southfield, Michigan
March 28, 2003
EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-57985) of DocuCorp International, Inc. of our
report dated September 7, 2000 relating to the consolidated financial
statements, which appears in the Annual Report to Shareholders, which is
incorporated in this Annual Report on Form 10-K. We also consent to the
incorporation of our report dated September 7, 2000 relating to the Financial
Statement Schedule, which appears in this Form 10-K.


PricewaterhouseCoopers LLP

Dallas, TX
October 26, 2000


                                       53
[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Notices]
[Page 58420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24010]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1931-DR; Docket ID FEMA-2010-0002]


Texas; Amendment No. 5 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Texas (FEMA-1931-DR), dated August 3, 2010, and 
related determinations.

DATES: Effective Date: September 16, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Texas is hereby amended to include the following area 
among those areas determined to have been adversely affected by the 
event declared a major disaster by the President in his declaration of 
August 3, 2010.

    Lubbock County for Individual Assistance (already designated for 
Public Assistance).
    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households in Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-24010 Filed 9-23-10; 8:45 am]
BILLING CODE 9111-23-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-2073

L. RUTHER,

Plaintiff - Appellant,

v.

MATT BEVIN,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. Leonie M. Brinkema, 

District Judge. (1:16-cv-01045-LO-MSN)

Submitted: January 31, 2017 Decided: February 2, 2017

Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

L. Ruther, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

L. Ruther appeals the district court’s order summarily

dismissing his incomprehensible civil action. We have reviewed 

the record and find no reversible error. Accordingly, we deny 

leave to proceed in forma pauperis and dismiss the appeal for 

the reasons stated by the district court. Ruther v. Bevin, No. 

1:16-cv-01045-LO-MSN (E.D. Va. Aug. 22, 2016). We dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and 

argument would not aid the decisional process.

DISMISSED
<TABLE> <S> <C>



<ARTICLE> 7
<LEGEND>
PER SHARE INFORMATION CONTAINED IN THIS SCHEDULE HAS BEEN RESTATED TO CONFORM TO
THE PROVISIONS OF STATEMENT OF FINANCIAL ACCOUNTING STANDARDS NO. 128, "EARNINGS
PER SHARE".

THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
FINANCIAL  STATEMENTS  AND IS  QUALIFIED  IN ITS  ENTIRETY BY  REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               MAR-31-1996
<DEBT-HELD-FOR-SALE>                               225
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                         236
<MORTGAGE>                                          11
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                     472
<CASH>                                              83<F1>
<RECOVER-REINSURE>                                  66
<DEFERRED-ACQUISITION>                              41
<TOTAL-ASSETS>                                     993
<POLICY-LOSSES>                                    211
<UNEARNED-PREMIUMS>                                254
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                     38
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                         337
<TOTAL-LIABILITY-AND-EQUITY>                       993
<PREMIUMS>                                         108
<INVESTMENT-INCOME>                                  8
<INVESTMENT-GAINS>                                   1
<OTHER-INCOME>                                      13
<BENEFITS>                                          45
<UNDERWRITING-AMORTIZATION>                         21
<UNDERWRITING-OTHER>                                45
<INCOME-PRETAX>                                     19
<INCOME-TAX>                                         5
<INCOME-CONTINUING>                                 14
<DISCONTINUED>                                       3
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        17
<EPS-PRIMARY>                                      .84
<EPS-DILUTED>                                      .84
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
<FN>
<F1>Cash includes short-term investments
</FN>
        

</TABLE>
Exhibit 32





Written Statement of the Chief Executive Officer and Chief Financial Officer


Pursuant to 18 U.S.C. Section 1350





Solely for the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief Executive Officer and Chief Financial Officer of WidePoint Corporation (the “Company”), hereby certify, based on our knowledge, that the Annual Report on Form 10-K of the Company for the year ended December 31, 2010 (the “Report”), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





/s/ STEVE L. KOMARSteve L. KomarChief Executive Officer/s/ JAMES T. MCCUBBINJames T. McCubbinChief Financial Officer





Date: March 29, 2011
EXHIBIT 32.1 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER OF THE COMPANY PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  CERTIFICATION





Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Pehong Chen, the Chief Executive Officer of BroadVision, Inc. (the "Company"), and Shin-Yuan Tzou, the Chief Financial Officer of the Company, each hereby certifies that, to the best of his knowledge:
 
 1. The Company's Quarterly Report on Form 10-Q for the period ended September 30, 2010, and to which this Certification is attached as Exhibit 32.1 (the "Periodic Report"), fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act; and
 
 2. The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 IN WITNESS WHEREOF, the undersigned have set their hands hereto as of the 9thday of November, 2010.


/s/  Pehong ChenPehong Chen

Chief Executive Officer
  /s/  Shin-Yuan TzouShin-Yuan Tzou

Chief Financial Officer





This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of BroadVision, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.