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

San Antonio, Texas

February 9, 2018

No. 04-17-00844-CR

Frederick JOHNSON,

Appellant

v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CR9050

Honorable Mary D. Roman, Judge Presiding

O R D E R

Appellant entered into a plea bargain with the State, pursuant to which appellant pleaded 

nolo contendere to the offense of felon in possession of a firearm. The trial court imposed 

sentence in accordance with the agreement and signed a certificate stating this “is a plea-bargain 

case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Appellant

timely filed a notice of appeal. The clerk’s record, which includes the trial court’s rule 

25.2(a)(2) certification and a written plea bargain agreement, has been filed. See id. R. 25.2(d). 

This court must dismiss an appeal “if a certification that shows the defendant has the right of 

appeal has not been made part of the record.” Id.

The clerk’s record establishes the punishment assessed by the court does not exceed the 

punishment recommended by the prosecutor and agreed to by the defendant. See id. R.

25.2(a)(2). The record also appears to support the trial court’s certification that appellant does 

not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding 

that court of appeals should review clerk’s record to determine whether trial court’s certification 

is accurate). 

Appellant is hereby given notice that this appeal will be dismissed pursuant to rule 

25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing that 

appellant has the right to appeal is made part of the appellate record on or before March 12, 

2018. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San 
Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, 

pet. ref’d) (not designated for publication).

We ORDER all appellate deadlines are suspended until further order of the court. We 

further ORDER the clerk of this court to serve copies of this order on the attorneys of record and 

the court reporter.

_________________________________

Marialyn Barnard, Justice

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

court on this 9th day of February, 2018.

___________________________________

Keith E. Hottle

Clerk of Court
IMAX CORPORATION
 EXHIBIT 10.16
 AMENDED EMPLOYMENT AGREEMENT
  1.
    
    Term.The term of the Agreement (the Term) is extended until December 31, 2012 (the Term
End).2.
    
    Cash Compensation.Effective January 1, 2011 (the Renewal Commencement Date), the
Executive shall be paid a base salary at the rate of $750,000 per year. Executives bonus
shall continue to be up to two times salary. Such bonus shall be at the discretion of the
Board of Directors and shall be based upon the success of the Company in achieving the goals
and objectives set by the Board after consultation with the Executive.3.
    
    SERP. In connection with that July 2000 Supplemental Executive Retirement Plan, as
amended (the SERP), the Executive and the Company agree that no compensation paid to
Executive between the Renewal Commencement Date and the Term End shall be included in the
calculation of benefits payable to Executive under the SERP (the Gelfond SERP Payout). The
Company agrees that it will investigate in good faith the notion of fixing the Gelfond SERP
Payout and will proceed to fix the Gelfond SERP Payout provided, and to the extent, (a) the
Companys Board of Directors concludes it is in the reasonable best interests of the Company
to do so and (b) Executive agrees.4.
    
    Incentive Compensation.On December 31, 2010, the Executive shall be granted, in
accordance with the terms of the IMAX Stock Option Plan (the Plan), stock options to
purchase 800,000 common shares of the Company (the Options) at an exercise price per
Common Share equal to the Fair Market Value, as defined in the Plan. The Options shall
have a 10-year term and vest as follows:
 Number of Options
    
    Vesting Date160,000
    
    May 1, 2011160,000
    
    September 1, 2011160,000
    
    January 1, 2012160,000
    
    May 1, 2012160,000
    
    September 1, 2012
  1




---



##### 



5.
    
    The entering into this agreement shall not prejudice any rights or waive any
obligations under any other agreement between the Executive and the Company.DATEDas of December 20, 2010.
 AGREED AND ACCEPTED:/s/ Richard L. Gelfond

Richard L. Gelfond
 IMAX CORPORATIONPer:
    
    /s/ Garth M. Girvan

Name: Garth M. GirvanTitle: Director
 2
National Aeronautics and Space Administration

www.nasa.gov

Biography

Image Credit: NASA/Joel Kowsky

Kimberly Miller is the deputy director for the Integration and Management Office (IMO) 

within ARMD at NASA Headquarters in Washington, DC. In collaboration with the 

IMO director, she assists in managing key ARMD processes and activities including 

strategic communications; STEM engagement; the integration of ARMD, NASA strategic 

planning and performance reporting; various program support activities including internal 

reviews; program and mission support resources and technology requirements; and 

operations management.

She supports the ARMD associate administrator in a broad range of mission directorate 

activities, including strategic and program planning, budget development, program review 

and evaluation, and external coordination.

Miller previously served as the administrative officer for ARMD.

Prior to NASA, Miller served at the former U.S. Information Agency and the Department 

of the Interior as a staff assistant and administrative officer. 

She began her career in the late 1980s at the Rural Electrification Administration in the 

Department of Agriculture, and then at the Voice of America.

Ms. Kimberly S. Miller

Deputy Director, Integration and Management Office (IMO)

NASA Aeronautics Research Mission Directorate (ARMD)
#### PATRICIA KUNZ v. DEPARTMENT OF HUMAN SERVICES.

May 22, 1984.

Petition for certification denied.
#### Minerva Shannon *v.*W. W. Trimble.

Bill of Exceptions, Filed at Special Term, Without Objection.

Objections not made to the filing of a Bill of Exceptions at a special term of the lower Court, cannot be made for the first time in the Court of Appeals.

AFFEAL FROM HARRISON CIRCUIT COURT.

January 28, 1868.

Opinion of the Court by

Judge Hardin :

It appears from the record that the bills of exception were filed at a special term of the court, and as no objection was then made to the action of the court, it cannot be made an available objection for the first time in this court.

We do not regard the answer of the appellant as presenting a sufficient set-off or counter-claim to which any reply was required, but, as it seems to us, it sufficiently presents as a defense to the *224action that the note was given in consideration of a claim which had already been satisfied by the payment of usurious interest, and was not merely the subject matter of a claim in favor of Redman for usury paid, liable to be barred by limitation. It is not necessary that this court should determine from the evidence in the record whether the defense was wholly or only partially sustained, but we are of the opinion that the judgmentt which disregards the defense of usury except to the extent of $32 is erroneous, and it must on that account be reversed.

*Ward, for appellant.*

*Trimble, for appellee.*

Wherefore, the judgment is reversed, and the cause remanded for a new trial and for further proceedings not inconsistent with this opinion:
EXHIBIT 23

The Board of Directors
Security Financial Bancorp, Inc.
St. John, Indiana

We consent to incorporation by reference of our report dated August 21, 2002
relating to the consolidated financial statements of Security Financial Bancorp,
Inc. ("the Company") as of June 30, 2002 and 2001 and for each of the three
years in the period ended June 30, 2002, and included in the Company's Annual
Report on Form 10-K, and the Registration Statements on Form S-8 filed by the
Company with the Securities and Exchange Commission on January 20, 2000 and
August 14, 2001.


                                       /s/ Crowe, Chizek and Company LLP
                                       --------------------------------
                                           Crowe, Chizek and Company LLP

Oak Brook, Illinois
September 30, 2002
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2043 Enrolled Bill (ENR)]

        S.2043

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
  To designate a Federal building in Harrisburg, Pennsylvania, as the 
                   ``Ronald Reagan Federal Building''.

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

SECTION 1. RONALD REAGAN FEDERAL BUILDING.

    (a) Designation.--The Federal building located at 228 Walnut 
Street, Harrisburg, Pennsylvania, shall be known and designated as the 
``Ronald Reagan Federal Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the building referred to 
in subsection (a) shall be deemed to be a reference to the Ronald 
Reagan Federal Building.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2327 Introduced in Senate (IS)]

108th CONGRESS
  2d Session
                                S. 2327

    To amend title 38, United States Code, to clarify that per diem 
payments by the Department of Veterans Affairs for the care of veterans 
  in State homes shall not be used to offset or reduce other payments 
                        made to assist veterans.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2004

 Mr. Campbell (for himself, Ms. Collins, and Ms. Snowe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
    To amend title 38, United States Code, to clarify that per diem 
payments by the Department of Veterans Affairs for the care of veterans 
  in State homes shall not be used to offset or reduce other payments 
                        made to assist veterans.

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

SECTION 1. TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS PER DIEM 
              PAYMENTS TO STATE HOMES FOR VETERANS.

    Section 1741 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Payments to States pursuant to this section shall not be 
considered a liability of a third party, or otherwise be utilized to 
offset or reduce any other payment made to assist veterans.''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF COVENTRY INDUSTRIES CORP FOR THE NINE MONTHS ENDED MARCH
31, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS. 
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                         492,464
<SECURITIES>                                         0
<RECEIVABLES>                                2,070,264
<ALLOWANCES>                                    80,986
<INVENTORY>                                    945,305
<CURRENT-ASSETS>                               272,583
<PP&E>                                       3,481,313
<DEPRECIATION>                                 776,113
<TOTAL-ASSETS>                               9,361,624
<CURRENT-LIABILITIES>                        3,761,986
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         55
<COMMON>                                         8,724
<OTHER-SE>                                   3,877,120
<TOTAL-LIABILITY-AND-EQUITY>                 9,361,624
<SALES>                                              0
<TOTAL-REVENUES>                             6,413,195
<CGS>                                        4,463,353
<TOTAL-COSTS>                                4,463,353
<OTHER-EXPENSES>                             3,881,588
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             235,127
<INCOME-PRETAX>                            (2,107,410)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,107,410)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                     (89,000)
<NET-INCOME>                               (2,196,410)
<EPS-PRIMARY>                                   (3.63)
<EPS-DILUTED>                                   (3.63)
        

</TABLE>
Exhibit 32

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 of Santa Fe Energy Trust (the "Trust") on Form 10-Q for the quarter ended
March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, not in its individual capacity but solely as the trustee of the Trust,
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:

(1)   the
Report 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 Trust.

Date: May 21, 2010

/s/ MIKE ULRICH Mike Ulrich,
Vice President and Trust Officer
The Bank of New York Mellon Trust Company, N.A.


---



QuickLinks
No. 07-13-00341-CR

Roger Duane Stone

Appellant

v.

The State of Texas

Appellee §

§

§

§ From the 316th District Court

of Hutchinson County

May 15, 2015

Opinion by Justice Pirtle

J U D G M E N T

Pursuant to the opinion of the Court dated May 15, 2015

, it is ordered, adjudged

and decreed that the judgment of the trial court be affirmed.

It is further ordered that appellant pay all costs in this behalf expended for which

let execution issue.

It is further ordered that this decision be certified below for observance.

o O o
#### ANGELICA BUDANKOV v. CARL S. AMATO.

July 2, 1984.

Petition for certification granted.
#### The People of the State of New York, Respondent, v Brian A. Manzullo, Appellant.

[789 NYS2d 246]

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kerins, J.), rendered October 15, 2003, convicting him of endangering the welfare of a child and possessing a sexual performance by a child, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

At the time of his plea of guilty, the defendant waived his right to appeal. He acknowledged his understanding that his relinquishment of such right was part of the plea agreement" and included his right to appeal any prior rulings made in this case. When the prosecutor reiterated that the agreement included such waiver, the defendant’s attorney stated “he covered that.”

Following the imposition of the agreed-upon sentence on October 15, 2003, the court clerk stated “Place your client’s right of appeal on the record” in response to which the defendant’s attorney advised the defendant of his right to appeal the judgment. Such circumstance did not operate to vitiate the defendant’s knowing, voluntary, and intelligent waiver of his right to appeal made at the time of his plea *(see People v Moissett,*76 NY2d 909, 912 [1990]; *People v Burk,*181 AD2d 74, 81-82 [1992]; *People v Johnson,*158 AD2d 620 [1990]), nor did such rote recitation constitute a knowing rejection or an implied waiver of this relinquishment provision of the defendant’s plea agreement.

The defendant’s waiver does not foreclose review of his contention that he was denied the effective assistance of counsel. However, the defendant’s attorney provided meaningful representation and negotiated an extremely favorable plea and sentence agreement for him *(see People v Polanco,*216 AD2d 957 [1995]).

In view of the waiver of the right to appeal, the defendant’s remaining contentions are not reached. Santucci, J.P., Crane, Skelos and Lifson, JJ., concur.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1681 Introduced in Senate (IS)]

108th CONGRESS
  1st Session
                                S. 1681

    To exempt the natural aging process in the determination of the 
   production period for distilled spirits under section 263A of the 
                     Internal Revenue Code of 1986.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 29), 2003

  Mr. Bunning introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
    To exempt the natural aging process in the determination of the 
   production period for distilled spirits under section 263A of the 
                     Internal Revenue Code of 1986.

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

SECTION 1. EXEMPTION OF NATURAL AGING PROCESS IN DETERMINATION OF 
              PRODUCTION PERIOD FOR DISTILLED SPIRITS UNDER SECTION 
              263A.

    (a) In General.--Section 263A(f) of the Internal Revenue Code of 
1986 (relating to general exceptions) is amended by adding at the end 
the following new paragraph:
            ``(5) Exemption of natural aging process in determination 
        of production period for distilled spirits.--For purposes of 
        this subsection, the production period for distilled spirits 
        shall be determined without regard to any period allocated to 
        the natural aging process.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to production periods beginning after the date of the enactment of this 
Act.
                                 <all>
```
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Carolyn Warren,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-03285-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: October 18, 2017 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 8219 Filed 10/18/17 Page 1 of 1
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

WRITTEN STATEMENT OF THE CHIEF FINANCIAL OFFICER

Solely for
the purposes of complying with 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, I, Warren Stowell, the undersigned Chief Executive Officer and Chief Financial Officer of Telzuit Medical Technologies, Inc.
(the Company), hereby certify, based on my knowledge, that the Annual Report on Form 10-K of the Company for the year ended June 30, 2006 (the Report) as filed with the Securities and Exchange Commission on the date
hereof:



|3. | Fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|-- | ----------------------------------------------------------------------------------------------------------



|4. | That the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Jerry Balter       
|Jerry Balter           
|Chief Financial Officer
|October 2, 2007
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Northwest Bancorporation, Inc. (the Company) on Form 10-Q for the period ended March 31, 2010
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Randall L. Fewel, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.ss. 1350, as added by ss. 906 of the
Sarbanes-Oxley Act of 2002, that:



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



| | (b) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the
period covered by the Report.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By

/s/ Randall L. FewelRandall L. Fewel, President and Chief Executive Officer


Date: May 3, 2010
No. 87-1125.

#### Holmes *v.*West Virginia.

Sup. Ct. App. W. Va. Certiorari denied.
Lease Agreement                                          The Document Company
                                                                XEROX

Customer's Legal Name:              Vista Vacations International

Street Address:                     5653 NW 29th St.

City/State/Zip Code:                Margate, FL 33063

County Installed in:                Broward

Customer requested initial date:    3/15/99

Negotiated contract                 #0709364

Product:
(serial number)                     DWC 635

Minimum monthly lease payment:      $57.65

Customer Name:             Teri Nadler      Phone: 954-975-0898

Title:   Owner/Pres.                        Date: 3/16/99

Agreement Presented by:

Name: Linda Cope                    phone: 305-655-9960



                                      184