alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-13-00511-CR

Timothy Paul MURNANE,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR5755

Honorable Ray Olivarri, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: February 5, 2014

DISMISSED

Appellant’s brief was due on September 19, 2013. We granted Appellant’s first motion for 

extension of time to file the brief until October 21, 2013. On October 29, 2013, after no brief or 

motion for extension of time was filed, we ordered Appellant to file Appellant’s brief or a motion 

to dismiss. Appellant’s counsel filed a motion to dismiss this appeal. However, Appellant did not 

sign the motion. Contra TEX. R. APP. P. 42.2 (requiring the appellant’s signature to authorize a 

voluntary motion to dismiss). 
04-13-00511-CR

On November 20, 2013, we denied counsel’s motion to dismiss this appeal and ordered 

Appellant to file a brief or a motion for extension of time to file the brief not later than December 

2, 2013. We warned Appellant that if no brief or motion was filed by that date, we would abate 

this appeal to the trial court for an abandonment hearing. See TEX. R. APP. P. 38.8(b)(2). We also 

cautioned Appellant’s attorney that, to protect Appellant’s rights, this court may “initiat[e] 

contempt proceedings against [A]ppellant’s counsel.” Id. R. 38.8(b)(4). 

After no response was received, on December 19, 2013, we abated this appeal and 

remanded the cause to the trial court for an abandonment hearing. See id. R. 38.8(b); Samaniego 

v. State, 952 S.W.2d 50, 52–53 (Tex. App.—San Antonio 1997, no pet.). On January 22, 2014, 

Appellant’s counsel filed an Anders brief and a motion to withdraw. On January 23, 2014, 

Appellant filed a motion to dismiss this appeal. Appellant’s motion to dismiss this appeal is signed 

by Appellant and his court-appointed counsel. See TEX. R. APP. P. 42.2(a). 

We withdraw our December 19, 2013 order abating this appeal; we reinstate this appeal on 

this court’s docket. Appellant’s motion to dismiss this appeal is granted and this appeal is 

dismissed. See id.; Conners v. State, 966 S.W.2d 108, 110 (Tex. App.—Houston [1st Dist.] 1998, 

pet. ref’d). Appellate counsel’s motion to withdraw is granted.

PER CURIAM

DO NOT PUBLISH

- 2 -
##### 



Exhibit 99.1

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 Quarterly Report on Form 10-Q of Action Performance
Companies, Inc. (the Company) for the quarterly period ended June 30, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Fred W. Wagenhals, Chairman of the Board, President, and Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) |  | The Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a) or 78o(d)); and  
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) |  | The information contained in the Report fairly presents, in
all material respects, the financial condition and results of
operations of the Company.

/s/ Fred W. Wagenhals
Chairman of the Board, President, and Chief Executive Officer
August 13, 2002
-1- 

STATE OF MICHIGAN 

COURT OF APPEALS 

PEOPLE OF THE STATE OF MICHIGAN, 

 Plaintiff-Appellee, 

UNPUBLISHED 

March 21, 2017 

v No. 328001 

Livingston Circuit Court 

MARTIN EDWARD ZALE, LC No. 14-022392-FC 

 Defendant-Appellant. 

Before: BECKERING, P.J., and O’CONNELL and BORRELLO, JJ. 

BORRELLO, J. (concurring). 

 I concur in result only. 

/s/ Stephen L. Borrello
FILED

United States Court of Appeals

Tenth Circuit

April 23, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

In re: NARCIZO RODRIGUEZ

CAMACHO,

Movant.

No. 10-1146

ORDER

Before HARTZ, GORSUCH, and HOLMES, Circuit Judges.

Narcizo Rodriguez Camacho has filed a motion for authorization to file a

second or successive 28 U.S.C. § 2255 motion to vacate, set aside or correct

sentence. Although Mr. Camacho is imprisoned at the federal correctional facility

in Florence, Colorado, his sentence was imposed by the United States District

Court for the Western District of Texas. A prisoner “may move the court which

imposed the sentence to vacate, set aside or correct the sentence.” 28 U.S.C.

§ 2255. Before a prisoner may file a second or successive § 2255, however, he

must move “in the appropriate court of appeals” for authorization. 28 U.S.C.

§ 2244(b)(3)(A); see also id. § 2255(h) (incorporating certification process

outlined in § 2244). Because Mr. Camacho needs authorization to file his

successive § 2255 in the Western District of Texas, the “appropriate court of

appeals” in which to file a motion for authorization is the Fifth Circuit, not this

Appellate Case: 10-1146 Document: 01018408380 Date Filed: 04/23/2010 Page: 1
-2-

court. See generally 28 U.S.C. § 41 (delineating the composition of the thirteen

judicial circuits). Accordingly, this matter is DISMISSED. 

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-1146 Document: 01018408380 Date Filed: 04/23/2010 Page: 2
CONSENT OF INDEPENDENT CHARTERED ACCOUNTANTS

We consent to the use in this Annual Report (Form 10-KSB) of DENMANS.com Inc.
(formerly IDS Internet Distribution Systems Inc.) of our report dated April 28,
2000 with respect to the Company's consolidated financial statements for the
year ended February 29, 2000.

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-94699 and Form S-8 No. 333-33430) pertaining to the 1999 and
2000 Non-Qualified Stock Option Plans of DENMANS.com Inc., and in the related
prospectuses, of our report dated April 28, 2000 with respect to the Company's
consolidated financial statements for the year ended February 29, 2000.



                             /S/ Ernst & Young LLP
                           -------------------------------------
Vancouver, Canada          Ernst & Young LLP
May 26, 2000               Chartered Accountants
<PAGE>
 

                                                                    EXHIBIT 99.1

FOR IMMEDIATE RELEASE:        August 26, 1996
CONTACT:                      Gina Wilson
                              (505) 880-5361


                     SAGESER LEAVES SANTA FE PACIFIC GOLD

ALBUQUERQUE, NEW MEXICO - SANTA FE PACIFIC GOLD CORPORATION (NYSE:GLD) announced
that Kendall W. Sageser, Senior Vice President, Exploration, is leaving the
Company, effective immediately, to pursue other opportunities. Ronald L.
Parratt, Director of Exploration - The Americas, will be assuming responsibility
for Santa Fe Pacific Gold's worldwide exploration activities until further
notice.

Santa Fe Pacific Gold is one of the largest gold mining companies in North
America with mines in Nevada and California and exploration offices and projects
throughout the world. The Company's shares are traded on the New York Stock
Exchange under the symbol GLD.
National Aeronautics and Space Administration

www.nasa.gov

Transonic Dynamics

Tunnel

NASA’s Aeronautics Test Program

The Transonic Dynamics Tunnel (TDT) is a closed-circuit, continuous-flow, variablepressure wind tunnel capable of using either air or R-134a as a test medium. The TDT is 

dedicated to identifying, understanding, and solving aeroelastic issues confronting fixedwing aircraft, helicopter, and tiltrotor configurations. Rotary-wing tests at the TDT have 

investigated performance, loads, and stability characteristics, while fixed-wing flutter, 

buffet, and divergence have been scrutinized as well. 

Researchers have also used the TDT to study the use of active controls technologies 

for both fixed- and rotary-wing configurations, to determine the effects of ground-wind 

loads on launch vehicles, and to provide steady and unsteady aerodynamic pressure 

data to support computational aeroelasticity and computational 

fluid dynamics code development and validation.

Particularly useful for flutter tests is a group of four bypass valves 

that connect the TDT test section area to the opposite leg of the 

wind tunnel circuit downstream of the fan motor. In the event of 

model instability, these quick-actuating valves open, causing a 

rapid reduction in the test section Mach number and dynamic 

F/A–18 E/F flutter clearance model in the TDT.
M–18

M

NASA’s Aeronautics Test Program www.aeronautics.nasa.gov/atp

Contact Information

www.aeronautics.nasa.gov/atp

Jose A. Rivera

NASA Langley Research Center

Phone: 757–864–1270

E-mail: wte+fm_tdt@larc.nasa.gov

Characteristics

Test section dimensions 16 ft high by 16 ft wide by 8 ft long

Speed Up to Mach 1.12

Reynolds number 3.0 to 10.0×106 per ft

Test gas Air or R-134a

Drive power 30 000 hp

Instrumentation

Strain gauge balances Six component

Available corrections Interactions, temperature effects, attitude tares, axes 

orientation, pressure tares, and momentum (flow) tares

Facility Benefits

•	 Testing in R-134a has important advantages over testing in air, 

particularly for aeroelastic models. These advantages include 

improved model to full-scale similitude, higher Reynolds numbers, 

easier fabrication of scaled models, reduced tunnel power 

requirements, and in the case of rotary-wing models, reduced 

model power requirements. 

Facility Applications

•	 Studies have been conducted at the TDT 

by the aircraft industry, NASA, Department 

of Defense, and an array of universities.

pressure that serves to potentially stabilize the model. In addition, 

there is excellent model visibility from the tunnel control room and 

safety screens that protect the tunnel fan blades from debris in 

case of a model failure.
2 min read

# NASA Invites Public to Share in Excitement of Psyche Mission

### NASA Communications

Oct 04, 2023

Article

            -   
            -   
            -   
            -   

**Editor’s note:** On Oct. 11, NASA and SpaceX stood down from the Oct. 12 launch of Psyche due to unfavorable weather conditions. NASA and SpaceX are now targeting launch at 10:19 a.m. EDT Friday, Oct. 13, from Launch Complex 39A at Kennedy Space Center in Florida.

NASA is inviting the public to take part in virtual activities ahead of the launch of NASA’s Psyche spacecraft. The Psyche spacecraft will travel about 2.2 billion miles to study a metal-rich asteroid of the same name. The asteroid, which lies in the outer portion of the main asteroid belt between Mars and Jupiter, may be part of a core of a planetesimal (a building block of a planet) and can tell us more about planetary cores and Earth’s own formation.

Psyche is targeting liftoff at 10:16 a.m. EDT on Thursday, Oct. 12, on a SpaceX Falcon Heavy rocket from Launch Complex 39A at the agency’s Kennedy Space Center in Florida. The spacecraft also is hosting a technology demonstration, NASA’s Deep Space Optical Communications (DSOC), which will be the first test of laser communications beyond the Moon.

Members of the public can register to attend the launch virtually. As a virtual guest, you have access to curated resources, schedule changes, and mission-specific information delivered straight to your inbox. Following each activity, virtual guests will receive a commemorative stamp for their virtual guest passport.

The live launch broadcast will begin at 9:30 a.m. EDT on Thursday, Oct. 12, and will air on YouTube, X, Facebook, Twitch, Daily Motion, the NASA app, www.nasa.gov/nasatv, and NASA’s UHD Channel.

For more information about the Psyche mission, visit: https://www.nasa.gov/psyche.
#### JANINA TEVIS v. MICHAEL TEVIS, JR.

May 30, 1978.

Cross-Petition for certification granted. (See 155 *N. J. Super.*273)
**Exhibit 99.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Annual Report of Aether Systems, Inc. (the “Company”) onForm 10-K for the period ended December 31, 2002 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), each of theundersigned, in the capacities and on the dates indicated below, herebycertifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that to his knowledge:

 
| 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 operation of the Company. |

 

 
|                     | March  31, 2003 |
|--------------------------|-----------------|
| David  S. Oros           |            |
| Chief  Executive Officer |            |

 

 
|                     | March  31, 2003 |
|--------------------------|-----------------|
| David  C. Reymann        |            |
| Chief  Financial Officer |            |

 

A signed original of this written statement required bySection 906 has been provided to Aether Systems, Inc. and will be retained byAether Systems, Inc. and furnished to the Securities and Exchange Commission orits staff upon request.

 

----
EXHIBIT 32.2

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

     In  connection  with the  Quarterly  Report on Form 10-Q of WNC  California
Housing Tax Credit  Fund III,  L.P.  (the  "Partnership")  for the period  ended
September 30, 2009 as filed with the Securities  and Exchange  Commission on the
date hereof (the "Report"),  and pursuant to 18 U.S.C., section 1350, as adopted
pursuant to section 906 of the  Sarbanes-Oxley  Act of 2002, I, Melanie R. Wenk,
Vice-President  and Chief Financial Officer of WNC & Associates,  Inc.,  general
partner of the Partnership, hereby certify 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 result of operations of
          the Partnership.




/s/Melanie R. Wenk
------------------
Melanie R. Wenk
Vice-President and Chief Financial Officer of WNC & Associates, Inc.
November 9, 2009
#### Mauricio Mack GILL, Plaintiff-Appellant, v. Gary WATERS, Portsmouth Sheriff, Defendant-Appellee.

No. 03-7059.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 28, 2003.

Decided Sept. 10, 2003.

Mauricio Mack Gill, Appellant pro se.

*283Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

PER CURIAM.

Mauricio Mack Gill appeals the district court’s order denying relief on his civil complaint under 28 U.S.C. § 1915A(b) (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. *See Gill v. Waters,*No. CA-03-432-2 (E.D. Va. entered June 20, 2003; filed July 1, 2003). 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.*
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S.DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                       1,270,455
<SECURITIES>                                         0
<RECEIVABLES>                                  299,619
<ALLOWANCES>                                  (10,276)
<INVENTORY>                                      5,702
<CURRENT-ASSETS>                             1,681,230
<PP&E>                                       2,575,892
<DEPRECIATION>                             (1,444,055)
<TOTAL-ASSETS>                               3,556,253
<CURRENT-LIABILITIES>                          452,097
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        98,413
<OTHER-SE>                                   3,005,743
<TOTAL-LIABILITY-AND-EQUITY>                 3,556,253
<SALES>                                      1,652,934
<TOTAL-REVENUES>                             1,652,934
<CGS>                                          966,734
<TOTAL-COSTS>                                  966,734
<OTHER-EXPENSES>                             3,346,856
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (2,553,224)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,553,224)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,553,224)
<EPS-BASIC>                                      (.26)
<EPS-DILUTED>                                    (.26)


</TABLE>
#### James Dykes and Wife *v.*Frank Epperson and Wife.

Gift of Land to Daughter — Devise of Remaining Estate.

The testator gave the land in contest to his daughter and her children-for a home, and under that gift she occupied the place as her own for-more than twenty-five years; *held,*that a devise of his remaining estate-to his other children was not intended to include this property.

APPEAL PROM CLARKE CIRCUIT COURT.

April 17, 1867.

Opinion op the Court by

Judge Robertson :

The facts in this case sufficiently conduce to the conclusion that the humble tenement in contest was given by the testator to his destitute daughter, Mrs. Epperson, for a home for herself and her children; that, under that gift, she occupied the place, as her own,, for more than twenty-five years without disturbance-, that the testator never renounced or intended to revoke the gift, by his will' or otherwise, and that, considering her right as sufficiently matured and fixed, he neither made actually or constructively any testamentary disavowal or revocation of it, nor intended to devise this property to any other person; and that^ therefore, the residuary devise of his remaining estate to others of his children was not intended to include the property in contest, which was prescriptively held to be no part of his estafe. And this conclusion is fortified by the fact that, if the residuary devise should be construed as embracing this tenement, the appellant, more-needy than any of the testator’s children, would be pretermitted *25except by tbe paltry bequest of $50. Under these circumstances-a court of equity ought not to help the appellants to frustrate the-father’s settled purpose. And thus make the richer still richer and the poorest still more poor.

It seem to us, therefore, that the judgment of the Circuit Court was right. Wherefore, it is *affirmed.*
# KSC-01pp1790

KENNEDY SPACE CENTER, Fla. -- Billows of smoke and steam are blown away from Launch Pad 39B as Space Shuttle Endeavour hurtles into space on mission STS-108. The second attempt in two days, liftoff occurred at 5:19:28 p.m. EST (22:19.28 GMT).  Endeavour will dock with the International Space Station on Dec. 7. STS-108 is the final Shuttle mission of 2001and the 107th Shuttle flight overall.  It is the 12th flight to the Space Station.  Landing of the orbiter at KSC's Shuttle Landing Facility is targeted for 1:05 p.m. EST (18:05 p.m. GMT) Dec. 16

                    -  Facebook PinterestX
-  LinkedIn Emailhttps://www.nasa.gov/image-detail/amf-ksc-01pp1790/Copy URL to clipboard>DownloadShareTakenDecember 5, 2001ProducerKSCSize1536x1920pxPIA NumberKSC-01pp1790The National Aeronautics and Space Administration
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-  									Page Last Updated:								  								Apr 11, 2023								 
-  									Page Editor:								   
-  								Responsible NASA Official:							  								Abigail Bowman
Fourth Court of Appeals

San Antonio, Texas

October 12, 2016

No. 04-16-00497-CR

IN RE Juan Robert RODRIGUEZ

Original Mandamus Proceeding1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Relator filed this petition for writ of mandamus on August 8, 2016, complaining that the 

trial court had not ruled on a motion nunc pro tunc filed by Relator. On September 20, 2016, 

Respondent signed an order denying the motion nunc pro tunc. Because the trial court has ruled 

on the motion, Relator’s petition for writ of mandamus has been rendered moot. Accordingly, 

this original mandamus proceeding is DISMISSED AS MOOT. Relator’s motion to compel 

discovery is DENIED.

It is so ORDERED on October 12, 2016.

_________________________________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 12th day of October, 2016.

___________________________________

Keith E. Hottle, Clerk

 

1 This proceeding arises out of Cause No. 1990CR1294, styled State of Texas v. Juan Robert Rodriguez, pending in 

the 227th Judicial District Court, Bexar County, Texas, the Honorable Kevin M. O'Connell presiding.