alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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. 97-31316

 

VIRGIL L. ELLIS,

Petitioner-Appellant,

versus

JOHN P. WHITLEY; 

RICHARD IEYOUB, Attorney General, 

State of Louisiana,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 97-CV-1142-F

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

June 25, 1998

Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.

PER CURIAM:*

Virgil Ellis, Louisiana prisoner No. 107922, seeks a

certificate of appealability (COA) to appeal the district court’s

dismissal of his federal habeas petition as procedurally barred

under LA. CODE CRIM. PROC. ANN. art. 930.8. A federal court will

consider habeas claims which are barred by a state procedural
No. 97-31316

- 2 -

** Brady v. Maryland, 373 U.S. 83 (1963). 

rule, if the petitioner demonstrates cause for the default and

actual prejudice. Engle v. Isaac, 456 U.S. 107, 129 (1982). 

Ellis argues that his Brady** claim is based on a police

report which he did not obtain until May 4, 1992, more than three

years after his conviction became final. Ellis asserts that his

attorney requested disclosure of Brady material, but was told

that no exculpatory evidence existed. Ellis argues that,

contrary to the evidence presented at trial, the police report

indicates that two of the three victims identified another man

during a lineup in which Ellis participated and that no usable

fingerprints were recovered from the victim’s car. The trial

evidence showed that all three victims selected Ellis from the

lineup and that his fingerprint was found on the door of the

victim’s car. See State v. Ellis, 529 So. 2d 122, 123 (La. Ct.

App. 1988). 

Ellis has made a credible showing that the district court

erred by failing to address his allegations of cause and

prejudice with regard to the Brady issue. Engle, 456 U.S. at

129; see Murphy v. Johnson, 110 F.3d 10, 11 (5th Cir. 1997). 

Ellis does not argue that the district court erred by rejecting

his other federal habeas claims as procedurally barred; thus, he

has abandoned those issues. Yohey v. Collins, 985 F.2d 222,

223-24 (5th Cir. 1993); FED. R. APP. P. 28(a)(6). 
No. 97-31316

- 3 -

We GRANT Ellis’ motion for a COA and VACATE AND REMAND to

the district court for consideration whether Ellis has

established cause and prejudice with regard to his Brady claim. 

COA GRANTED; VACATED AND REMANDED.
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration #14190 and #14191]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Louisiana dated 11/18/2014. *Incident:*
                         Severe Weather and Tornadoes. *Incident Period:*
                         10/13/2014. *Effective Date:*
                         11/18/2014. *Physical Loan Application Deadline Date:*
                         01/20/2015. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         08/18/2015.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Ouachita. *Contiguous Counties:* Louisiana: Caldwell; Jackson; Lincoln; Morehouse; Richland; Union. The Interest Rates are: Percent*For Physical Damage:*Homeowners With Credit Available Elsewhere
4.125( print page 71498)Homeowners Without Credit Available Elsewhere
2.063Businesses With Credit Available Elsewhere
6.000Businesses Without Credit Available Elsewhere
4.000Non-Profit Organizations With Credit Available Elsewhere
2.625Non-Profit Organizations Without Credit Available Elsewhere
2.625*For Economic Injury:*Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere
4.000Non-Profit Organizations Without Credit Available Elsewhere
2.625
 The number assigned to this disaster for physical damage is 14190B and for economic injury is 141910. The State which received an EIDL Declaration # is LOUISIANA. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: November 18, 2014. Maria Contreras-Sweet, Administrator.


[FR Doc. 2014-28333 Filed 12-1-14; 8:45 am] BILLING CODE 8025-01-P
<PAGE>   1
 
                                                                    EXHIBIT 23.3
 
                         INDEPENDENT AUDITORS' CONSENT
 
The Board of Directors
Chancellor Media Corporation
 
     We consent to the incorporation by reference herein of our report dated
January 31, 1997 relating to the consolidated balance sheet of Chancellor Media
Corporation and subsidiaries as of December 31, 1996 and the related
consolidated statements of operations, stockholders' equity and cash flows for
the years ended December 31, 1995 and 1996, which report appears in the December
31, 1997 annual report on Form 10-K of Chancellor Media Corporation.
 
                                            KPMG Peat Marwick LLP
 
Dallas, Texas
May 18, 1998
<PAGE>   1
                                   EXHIBIT 5.1

                          [CROUCH & HALLETT LETTERHEAD]

                                  May 14, 1998

Voice Control Systems, Inc.
14140 Midway Road
Suite 100
Dallas, Texas 75244

Ladies and Gentlemen:

         We have acted as counsel to Voice Control Systems, Inc., a Delaware
company (the "Company"), in connection with the filing of the Company's
Registration Statement on Form S-3 to which this opinion is an Exhibit (the
"Registration Statement") with respect to the offer and sale of the shares (the
"Shares") of the Company's common stock by certain stockholders (the "Selling
Stockholders").

         We are familiar with the corporate action taken by the Company in
connection with the authorization, issuance and sale of the Shares and have made
such other legal or factual inquiries as we deemed necessary or appropriate for
purposes of rendering this opinion.

         We have assumed the genuineness of all signatures, the legal capacity
of natural persons, the authenticity of all documents submitted to us as
originals, and the conformity to original documents of all documents submitted
to us as copies and the authenticity of the originals of such copied documents.

         On the basis of and in reliance upon the foregoing, and subject to the
assumptions, qualifications, limitations and exceptions contained herein, we are
of the opinion that the Shares when issued will be validly issued, fully paid
and non-assessable.

         The opinion set forth above is subject to the following assumptions,
qualifications, limitations and exceptions being true and correct at or prior to
the time of the delivery of any of the Shares:

         At the time any of the Shares will be offered or sold, (i) the
Registration Statement will be effective or such Shares were or will be sold in
a transaction exempt from the requirements of the Act and (ii) all applicable
"Blue Sky" and state securities laws will have been complied with.

         You have informed us that the Selling Stockholders may sell the Shares
from time to time after the date of the Registration Statement, and this opinion
is limited to the laws referred to above as in effect on the date hereof.

         This opinion may not be quoted in whole or in part without our prior
written consent.

         We hereby consent to the use of our name under the caption "Legal
Matters" in the Prospectus forming a part of the Registration Statement and to
the filing of this opinion as an Exhibit to the Registration Statement. In
giving this consent, we do not admit that we are within the category of persons
whose consent is required under Section 7 of the Act or the General Rules and
Regulations of the Securities and Exchange Commission.

                                 Very truly yours,

                                 /s/ CROUCH & HALLETT, L.L.P.
<PAGE>

<TABLE>
<CAPTION>
                                                                                                          Exhibit 12

                                    THE MAY DEPARTMENT STORES COMPANY AND SUBSIDIARIES
                                     COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                     FOR THE FIVE FISCAL YEARS ENDED JANUARY 31, 1998


                                                                             Fiscal Year Ended                       
                                                          Jan. 31,      Feb. 1,      Feb. 3,     Jan. 28,    Jan. 29, 
                                                            1998         1997         1996         1995        1994  
<S>                                                      <C>          <C>          <C>          <C>          <C>
Earnings Available for Fixed Charges:
Pretax earnings from continuing operations               $   1,279    $   1,232    $   1,160    $   1,079    $    957  
Fixed charges (excluding interest
  capitalized and pretax preferred stock
  dividend requirements)                                       363          346          317          293         305  
Dividends on ESOP Preference Shares                            (26)         (26)         (28)         (28)        (28)
Capitalized interest amortization                                6            6            5            4           4  
                                                             1,622        1,558        1,454        1,348       1,238  

Fixed Charges:
Gross interest expense (a)                               $     353    $     341    $     316    $     289    $    295  
Interest factor attributable to
  rent expense                                                  23           22           20           19          20  
                                                               376          363          336          308         315  

Ratio of Earnings to Fixed Charges                             4.3          4.3          4.3          4.4         3.9  

<FN>
(a)  Represents interest expense on long-term and short-term debt, ESOP debt and amortization of 
     debt discount and debt issue expense.

</TABLE>
## IN THE SUPREME COURT OF ALABAMA

June 14, 2024 SC-2023-0632 Ex parte Peter Capote. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Peter Capote v. State ofAlabama) (Colbert Circuit Court: CC-16-340.60; Criminal Appeals: CR20-0537). CERTIFICATE OF JUDGMENT WHEREAS, the petition for writ of certiorari in the above referenced cause has been duly submitted and considered by the Supreme Court of Alabama and the judgment indicated below was entered in this cause on June 14, 2024: Writ Denied. No Opinion. Stewart, J. -- Parker, C.J., and Shaw, Wise, Bryan, Sellers, Mendheim, Mitchell, and Cook, JJ., concur. NOW, THEREFORE, pursuant to Rule 41, Ala. R. App. P., IT IS HEREBY ORDERED that this Court's judgment in this cause is certified on this date. IT IS FURTHER ORDERED that, unless otherwise ordered by this Court or agreed upon by the parties, the costs of this cause are hereby taxed as provided by Rule 35, Ala. R. App. P.

I, Megan B. Rhodebeck, certify that this is the record of the judgment of the Court, witness my hand and seal.

Clerk, Supreme Court of Alabama
Harmonizing Human-Machine Interfaces: A Standard Reference 

Guide for HMI Design and Management at NCNR

By: Navid Misaghian

Mentorship and Guidance From: Whipple, James R. (Fed) & Newby, Robert D. (Fed)

1
Outline

• Background: What is an HMI?

• HMI’s at NIST, who created them.

• The problem?

• Our solution, and its projected implementation.

• Future work

2
Design References
What is an HMI?

4
The current HMI’s at NIST, and who created them?

Noise Monitor HMI created by James 

Whipple

5
The problem?

6
Task Analysis

Task analysis is the process of understanding how a user performs their task and 

achieves their goals.

NUREG-0711 defines a task as a “group of related activities with a common objective.” 

7
User Definition

8

● Understanding End-Users

● Significance of User Experience

● Four Key User Groups

● Guided by ANSI/ISA 101.01 standard 

definitions

● Unique Needs of Each Group

● Designer’s Role
Uptime

In the face of increasingly complex 

machinery, it is crucial to 

understand that the sophistication 

of Human-Machine Interfaces 

(HMIs) does not render them 

immune to system failures and 

lockouts. 

9

+ HMI

Digital Clocks w/Seconds
Level Hierarchy in HMI’s 

References: 

Rockwell 

Automation Process 

HMI Style Guide
Navigation

When considering the design of an HMI, navigation plays a pivotal role. Image provided by ASM Consortium.

+
Color Hierarchy

Color UI Element Meaning

Red P&ID Device Icons such as 

pumps and motors

Running

Alarms Alarm is active.

Green P&ID Device Icons such as 

pumps and motors

Stopped

12
Situational Awareness 

13
Conclusions and Future Work

14
Acknowledgments 

Mentors: James Whipple & Robert Newby

SURF organizers and colleagues, NCNR - Julie Borchers, Susana Marujo, & Leland Harriger

Academic Program Manager: Cara O’Malley 

15
10609.

#### Towler *v.*The State.

Bboyi.es, P. J.

1. This court can not consider exceptions to the refusal of the trial judge to comply with a written request to charge, unless it is made to appear that it was tendered to the court before the jury *168retired to consider the case. *Seaboard Air Line Ry.*v. *Barrow,*18 *Ga. App.*261 (4) (89 S. E. 383). In the instant case it is not shown that the written request to charge was so tendered.

Decided August 7, 1919.

Conviction of assult with intent to rape; from Gwinnett superior court—Judge Cobb. May *3, 1919.*

*G. F. Kelley, W. L. Nix,*for plaintiff in error.

*W. O. Bean, solicitor-general, N. L. Hutchins,*contra.

2. The venue can be established by circumstantial as well as direct evidence. *Dumas*v. *State,*62 *Ga.*59 (4).

3. Evidence as to the venue, though slight, is sufficient where there is no conflicting evidence. *Johnson*v. *State,*62 *Ga.*300 (1), 301; *Porter*v. *State,*76 *Ga.*658 (2), 660. In the instant case, under the above rulings, the evidence as to the venue was sufficient.

4. The intent with which an act is done is peculiarly a question of fact for determination by the jury, and although a finding by the jury that the accused had the intent to commit the crime charged may be supported by evidence which is exceedingly weak and unsatisfactory, the verdict will not be set aside on that ground. *Johnson*v. *State,*9 *Ga. App.*409 (3) (71 S. E. 507). In the instant case the evidence as to whether the defendant had the intent to commit an assult with intent to rape, or had the intent to commit fornication merely, is weak and not altogether satisfactory, but under the ruling just cited, and especially when the tender years of the little girl involved are considered, the verdict, having been approved by the trial judge, will not be set aside.

*Judgment affirmed.*

*Bloodworth and Stephens, JJ., concur.*
EXHIBIT 32.1



Certification of Principal Executive Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)





I, Joel Dupré, Chief Executive Officer of Cordia Corporation (the Registrant) 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, to the best of my knowledge, based upon a review of the Quarterly Report on Form 10-QSB for the period September 30, 2006 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (the Report):

(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 Registrant.



By:/s/ Joel Dupré



Joel Dupré

Chief Executive Officer



November 14, 2006









*

A signed original of this written statement required by Section 906 has been provided to Cordia Corporation and will be retained by Cordia Corporation and furnished to the Securities Exchange Commission or its staff upon request
<PAGE>   1



                                                                    EXHIBIT 23.7


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the use of our report
dated May 14, 1997, on the financial statements of Ameron Broadcasting, Inc.
(and to all references to our firm) included in or made a part of this
registration statement.

ARTHUR ANDERSEN LLP

/s/ Arthur Andersen LLP


St. Louis, Missouri,
   July 6, 1998
Exhibit 23.1
 
 
 CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 
 We have
issued our report dated March 19, 2008, accompanying the consolidated financial
statements included in the Annual Report of United Capital Corp. and
Subsidiaries on Form 10-K for the year ended December 31, 2007.  We
hereby consent to the incorporation by reference of said report in the
Registration Statements of United Capital Corp. on Form S-8 (Registration Nos.
33-28045, 33-65140, 333-28395, 333-57873 and 333-98645).
 
 
 
 /s/ Holtz Rubenstein
Reminick LLP
 HOLTZ
RUBENSTEIN REMINICK LLP
 
 
 Melville,
New York
 March 20,
2008
**Exhibit 10(h)**

**SUMMARY DESCRIPTION OF TRUSTEES’ COMPENSATION**

Thecompensation paid to each Individual Trustee and the Corporate Trustee is setforth in the Amendment to the Agreement of Trust, dated as of October 25, 1982(the “Amendment”).  The Amendment isfiled as Exhibit 3(a) to the Form 10-K.

Pursuantto the Amendment, each Individual Trustee receives at least $20,000 in annualcompensation for services as Trustee. Each year, annual Trustee compensation is adjusted up or down (but notbelow $20,000) in accordance with changes from the November 1981 level of295.5 (the “1981 Escalation Level”) in the All Commodities Producer Price Index(with 1967 = 100 as a base).  The AllCommodities Producer Price Index is published by the U.S. Department ofLabor.  The adjustment is made at the endof each fiscal year and is calculated on the basis of the proportion between(a) the level of such index for the November preceding the end of such fiscalyear, and (b) the 1981 Escalation Level. Each of the Individual Trustees received $33,443 in cash compensationfor services to the Trust during the fiscal year ended January 31, 2007.

Alsopursuant to the Amendment, Deutsche Bank Trust Company Americas, as theCorporate Trustee, receives annual compensation in an amount equal to thegreater of (i) $20,000, or such other amount determined in accordance withthe adjustments described in the preceding paragraph, or (ii) one quarter ofone percent (1/4 of 1%) of the Trust Moneys, exclusive of proceeds of sale ofany part of the Trust Estate (as such terms are defined in the Agreement ofTrust), received by the Trustees and distributed to Trust Unitholders.  The Corporate Trustee received $33,443 incash compensation pursuant to this provision for the fiscal year ended January31, 2007.

Additionally, each year the Corporate Trustee receives$62,500 (or more, if unanimously approved by the Individual Trustees) to coverclerical and administrative services to Mesabi Trust other than servicescustomarily performed by a registrar or transfer agent.  In fiscal year 2007, the Trust paid theCorporate Trustee $62,500 for such services.

----
```

                                                                    Exhibit 32.1

                    Certification of Chief Executive Officer
         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

     Pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of  Section  1350,  Chapter 63 of Title 18,  United  States  Code),  the
undersigned officer of MAXXAM Inc., a Delaware corporation (the "Company"), does
hereby certify that:

     (a) the accompanying Annual Report on Form 10-K for the year ended December
31, 2005 of the Company (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.

Dated: March 14, 2006

                                           /S/           CHARLES E. HURWITZ
                                ------------------------------------------------
                                                         Charles E. Hurwitz
                                                         Chief Executive Officer

The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter
63 of Title 18, United States Code).
```
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                  511,598
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               878,191
<PP&E>                                          47,119
<DEPRECIATION>                                  21,379
<TOTAL-ASSETS>                             138,466,263
<CURRENT-LIABILITIES>                        2,141,240
<BONDS>                                              0
<COMMON>                                       432,211
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  60,155,459
<TOTAL-LIABILITY-AND-EQUITY>               138,466,263
<SALES>                                              0
<TOTAL-REVENUES>                               645,039
<CGS>                                                0
<TOTAL-COSTS>                                  562,166
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             190,235
<INCOME-PRETAX>                                 82,873
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             82,873
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    82,873
<EPS-BASIC>                                    .0019
<EPS-DILUTED>                                    .0019


</TABLE>