alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Davis *v.*The State.

Although the verdict can be supported only upon the testimony of a single witness who was confessedly guilty of a crime involving moral turpitude, and there was evidence tending to show he had made contradictory statements and that his general character was bad, yet the jury having nevertheless believed the witness, and his testimony being sufficient if true to authorize a conviction, there was no abuse of discretion in denying a new trial. Evidently the jury did not believe the witness was effectually impeached, or they would not have convicted upon his testimony alone.

March 5, 1894.

Argued at the last term.

*Judgment affirmed.*

Indictment for aiding escape. Before Judge Sweat. Pierce superior court. October term, 1893.

Davis was indicted for aiding a prisoner (his son) to escape, by forcibly attempting to break the lock of the jail in which he was confined, the escape not having been effected. The defendant was found guilty, and he moved on the general grounds for a new trial, which was denied. There was testimony by the jailer that the lock had been hammered on in his absence at night; and the lock was put in evidence, together with a chisel which he found in a crack in the jail. The only testimony connecting the defendant with the commission of the offence was given by Dan Smith, who was in jail at the time, charged with burglary to which he pleaded guilty. His testimony was positive that the defendant tried to break the lock with an axe, crowbar, file, etc., and that defendant shoved the chisel through a crack of the door to his son; and that if he had broken the lock the door would have come open and there would have been nothing to prevent all the prisoners from escaping. There was testimony by several witnesses, going to impeach Smith by proof of his bad character and of contradictory statements by him. The testimony for the defendant and his statement tended to show an *alibi.*

*400John C. McDonald, for plaintiff in error.

"W. Gr. Brantley, solicitor-general, *contra.*
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 February 5, 2016

t0202

Order 

Clerk

February 5, 2016

151421

TOD McLAIN, Personal Representative of the

ESTATE OF TRACY McLAIN,

Plaintiff-Appellant,

v SC: 151421

COA: 318927 

Ingham CC: 11-000859-NH

LANSING FIRE DEPARTMENT, CITY OF

LANSING, and JEFFREY WILLIAMS,

Defendants-Appellees, 

and

MICHAEL DEMPS,

Defendant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 3, 2015 

judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral 

argument on whether to grant the application or take other action. MCR 

7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this 

order addressing: (1) whether the hospital intern’s medical progress notes indicating that 

the plaintiff’s decedent had been observed with the breathing tube lodged in her 

esophagus were admissible evidence; and (2) if so, whether the Court of Appeals 

correctly ruled that even if they were admissible, the notes were insufficient to create a 

question of fact as to whether the defendants were grossly negligent. The parties should 

not submit mere restatements of their application papers.
**Exhibit 99.3**

 

CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THEUNITED STATES CODE

 

 

I, Gregg R.Buckbinder, the Chief Operating Officer and principal financial officer ofMillburn Ridgefield Corporation, the General Partner of The Millburn GlobalOpportunity Fund L.P. (the “Fund”), certify that (i) the Annual Report of theFund on Form 10-K for the period ending December 31, 2002 fully complies withthe requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934 and (ii) the information contained in such Annual Report fairly presents,in all material respects, the financial condition and results of operations ofthe Fund.

 

 
| Date:  | March 28,  2003 |                     |   |
|--------|-----------------|--------------------------|--------|
|   |            |
|   | /s/             | Gregg R.  Buckbinder     |   |
|   |            | Gregg R.  Buckbinder     |
|   |            | Chief  Operating Officer |

 

----
<TABLE> <S> <C>

<ARTICLE>                       5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                             660
<SECURITIES>                                     2,335
<RECEIVABLES>                                       24
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 3,499
<PP&E>                                       1,460,887
<DEPRECIATION>                                 130,239
<TOTAL-ASSETS>                               1,393,437
<CURRENT-LIABILITIES>                           44,990
<BONDS>                                        410,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    270,648
<COMMON>                                        38,821
<OTHER-SE>                                     488,795
<TOTAL-LIABILITY-AND-EQUITY>                 1,393,437
<SALES>                                        150,616
<TOTAL-REVENUES>                               160,553
<CGS>                                           40,339
<TOTAL-COSTS>                                  108,465
<OTHER-EXPENSES>                                50,693
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,433
<INCOME-PRETAX>                                 52,088
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             52,088
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    52,088
<EPS-PRIMARY>                                      .90
<EPS-DILUTED>                                      .90
        

</TABLE>
# United States Court of Appeals **for the Fifth Circuit**

____________ No. 23-40133 Summary Calendar

____________ United States of America, Plaintiff—Appellee , versus Antonio Ruiz, Defendant—Appellant . ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 5:22-CR-947-2

______________________________ Before Jones, Southwick, and Ho, Circuit Judges . Per Curiam: * The attorney appointed to repres ent Antonio Ruiz has moved for leave to withdraw and has file d a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Ruiz has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflecte d therein. We concur with counsel’s

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. United States Court of Appeals Fifth Circuit 

### FILED August 1, 2023 Lyle W. Cayce Clerk Case: 23-40133 Document: 00516841726 Page: 1 Date Filed: 08/01/2023No. 23-40133

2 assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED , counsel is excused from further responsibilities herein, and the appeal is DISMISSED . See 5th Cir. R. 42.2. Case: 23-40133 Document: 00516841726 Page: 2 Date Filed: 08/01/2023
Order entered September 17 , 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 01424
- CR SAWEAT JINTANONT, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 2

Dallas County, Texas Trial C ourt Cause No. F12
- 45928
- I



### O RDER
The Court REINSTATES the appeal. On July 28, 2014, we ordered the trial court to make findings regarding why appellant’s
brief has not been filed. We ADOPT the trial court’s finding that: (1) appellant filed his notice of appeal with this Court on October 17, 2014; (2) the copy of the notice filed with this Court was not file

- stamped by the District Clerk until April 10, 2014; (3) the trial court did not know the case was on appeal; and (4) the trial court has now appoin ted George Conkey to represent appellant on appeal.
We DIRECT the Clerk to list George Conkey as appellant’s attorney of record. We note the trial court expressed concern regarding jurisdiction over the appeal due to the late receipt of the notice of appea l by the Dallas County District Clerk. Texas Rule ofAppellate Procedure 25.2(c)(1) provides that if a notice of appeal is filed with the clerk of the

court of appeals, that clerk shall immediately record on the notice the date it was received and send th e notice to the trial court clerk. In Taylor v. State , 424 S.W.3d 39, the court of criminal appeals concluded the appellate court had jurisdiction over the appeal when the notice of appeal was filed by the clerk of the appellate court and forwarded to the clerk of the trial court and filed there within ten days of its due date

. Id. at 41. At issue in Taylor was the application of the mailbox rule, not the impact of a delay in forwarding a notice of appeal from the appellate court to the trial court clerk

. See id. 41

– 47. In this case, the Court has no explanation for the six

- month delay in the receipt of the notice of appeal by this Court and the file

- stamped date showing receipt by the Dallas County District Clerk. We decline to attribute that delay to appellant given that his notice of appeal was filed in this Court within seven days of his sentencing. See T EX
. R. A PP
. P . 25.2(c)(1), 26.2(a)(1). Accordingly, we conclude we have jurisdiction over the appeal. The clerk’s and reporter’s records have been filed. Accordingly, we ORDER appellant to file his brief within FORTY
- FIVE DAYS of the date of this order.

/s/ CAROLYN WRIGHT CHIEF JUSTICE
II 

109TH CONGRESS 

1ST SESSION S. 52

To direct the Secretary of the Interior to convey a parcel of real property 

to Beaver County, Utah. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005

Mr. HATCH introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL

To direct the Secretary of the Interior to convey a parcel 

of real property to Beaver County, Utah.

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

3 SECTION 1. CONVEYANCE TO BEAVER COUNTY, UTAH. 

4 (a) IN GENERAL.—As soon as practicable after the 

5 date of enactment of this Act, the Secretary of the Interior 

6 shall, without consideration and subject to valid existing 

7 rights, convey to Beaver County, Utah (referred to in this 

8 Act as the ‘‘County’’), all right, title, and interest of the 

9 United States in and to the approximately 200 acres de10 picted as ‘‘Minersville State Park’’ on the map entitled 
2

S 52 IS 

1 ‘‘S. 2285, Minersville State Park’’ and dated April 30, 

2 2004, for use for public recreation. 

3 (b) RECONVEYANCE BY BEAVER COUNTY.—

4 (1) IN GENERAL.—Notwithstanding subsection 

5 (a), Beaver County may sell, for not less than fair 

6 market value, a portion of the property conveyed to 

7 the County under this section, if the proceeds of 

8 such sale are used by the County solely for mainte9 nance of public recreation facilities located on the re10 mainder of the property conveyed to the County 

11 under this section. 

12 (2) LIMITATION.—If the County does not com13 ply with the requirements of paragraph (1) in the 

14 conveyance of the property under that paragraph—

15 (A) the County shall pay to the United 

16 States the proceeds of the conveyance; and 

17 (B) the Secretary of the Interior may re18 quire that all property conveyed under sub19 section (a) (other than the property sold by the 

20 County under paragraph (1)) revert to the 

21 United States.

Æ
#### State v. Farrar

Case below: 177 N.C. App. 565

No. 320P06

Def’s PDR Under N.C.G.S. § 7A-31 (CQA05-1081)

Denied 01/25/07
**[National City Mortgage Co. Logo]**********National City Mortgage Co. A Subsidiary of National City Bank of Indiana 3232 Newmark Drive  Miamisburg, Ohio 45342 Telephone: (937) 910-1200 Mailing Address: P0. Box 1820 Dayton, Ohio 45401-1820 **ANNUAL STATEMENT AS TO COMPLIANCE**I, Philip D. Cunningham III, hereby certify to US Bank, N.A., that I am a duly elected Executive Vice President of National City Mortgage Co. (the "Company"), a company organized under the laws of the State of Ohio and further as follows: (i)a review of the activities of the Company during the preceding calendar year  and of performance under the Agreement has been made under such officer's supervision, and (ii)the Company has complied with the provisions of this Agreement or similar agreements, and (iii)to the best of such officer's knowledge, based on such review, the Company  has fulfilled all its obligations under this Agreement or similar agreements throughout the preceding calendar year. National City Mortgage Co. Certified by: /s/ Philip D Cunningham III Date: February 29, 2008 Name: Philip D. Cunningham III  Title: Executive Vice President  No one Cares More ! **Exhibit A  U.S. Bank, N.A. Annual Statement as to Compliance**JPMMT 2007-A5  JPMMT 2007-A6  WMLT 2006-A  WMLT 2007-A
Document Headings

                    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.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on April 16, 2009, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), National Shipbuilding Research Program (“NSRP”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. The following members have changed their names: Newport News Shipbuilding and Dry Dock Co. to Northrop Grumman Shipbuilding, Inc., Newport News, VA; Northrop Grumman Ship Systems, Inc. (Ingalls Operation) to Northrop Grumman Shipbuilding, Inc.—Gulf Coast Operations (Pascagoula Shipyard) Pascagoula, MS; and Northrop Grumman Ship Systems, Inc. (Avondale Operations) to Northrop Grumman Shipbuilding, Inc.—Gulf Coast Operations (Avondale Shipyard), Avondale, LA.                

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and NSRP intends to file additional written notification disclosing all changes in membership.

                    On March 13, 1998, NSRP filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on January 29, 1999 (64 FR 4708).                

                    The last notification was filed with the Department on December 20, 2007. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on February 8, 2008 (73 FR 7591).                

Patricia A. Brink,

Deputy Director of Operations, Antitrust Division.

[FR Doc. E9-11819 Filed 5-21-09; 8:45 am]

BILLING CODE 4410-11-M
Exhibit 10.5
 PIONEER DRILLING COMPANY
 AMENDED AND RESTATED
2007 INCENTIVE PLAN
 Plan.
 Objectives.
 Definitions.




---



##### 



-2-




---



##### 



Eligibility.
 Employees.
 Consultants.
 Directors.
 Common Stock Available for Awards.
 -3-




---



##### 



Administration.
 Authority of the Committee.
 -4-




---



##### 



Limitation of Liability.
 Repricing and Other Limitations.
 Delegation of Authority.
 Awards.
 Option.
 -5-




---



##### 



Stock Appreciation Right.
 Stock Award.
 Cash Award.
 Performance Award.
 Nonqualified Performance Awards.
 Qualified Performance Awards.
 -6-




---



##### 




    
    increased revenue;
    
    net income measures (including but not limited to income after
capital costs and income before or after taxes);
    
    stock price measures (including but not limited to growth measures
and total shareholder return);
    
    price per share of Common Stock;
    
    market share;
    
    net earnings;
    
    earnings per share (actual or targeted growth);
    
    earnings before interest, taxes, depreciation, and amortization
(EBITDA);
    
    earnings before interest, taxes and amortization (EBITA);
    
    economic value added (or an equivalent metric);
    
    market value added;
    
    debt to equity ratio;
    
    cash flow measures (including but not limited to cash flow per
share, cash flow return on capital, cash flow return on tangible
capital, net cash flow, net cash flow before financing activities and
improvement in or attainment of working capital levels);
    
    return measures (including but not limited to return on equity,
return on average assets, return on capital, risk-adjusted return on
capital, return on investors capital and return on average equity);
    
    operating measures (including operating income, funds from
operations, cash from operations, after-tax operating income; net
operating profit after tax, revenue volumes, operating efficiency, rig
fleet day rates and rig fleet utilization);
    
    expense measures (including but not limited to overhead cost,
general and administrative expense and improvement in or attainment of
expense levels);
    
    margins;
    
    shareholder value;
 -7-




---



##### 




    
    proceeds from dispositions;
    
    total market value;
    
    reliability;
    
    productivity;
    
    corporate values measures (including ethics compliance,
environmental, and safety) and
    
    debt reduction.
 status quo
     -8-




---



##### 



Award Payment; Dividends; Substitution.
 General.
 Deferral.
 Dividends and Interest.
 Stock Option Exercise.
 -9-




---



##### 



Taxes.
 Amendment, Modification, Suspension or Termination.
 Assignability.
 Adjustments.
  -10-




---



##### 



Restrictions.
 Unfunded Plan.
 -11-




---



##### 



Section 409A of the Code.
 Governing Law.
 No Right to Employment or Directorship.
 Successors.
 Effectiveness.
 -12-




---



##### 



PIONEER DRILLING COMPANYBy:Joyce M. SchuldtCorporate Secretary -13-
November 13, 2012



### JUDGMENT 

## The Fourteenth Court of Appeals

DEBBIE MALLARD , Appellant
NO. 14

- 12

- 00974

- CR V.
THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below. The record indicates that the appeal should be DISMISSED. The Court orders the appeal DISMISSED in accordance with its opinion.
We further order this decision certified below for observance.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1 D 2 0 2 3

- 2 001

_____________________________
L ESKIS A NN F INKLEA , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County

. Coleman Lee Robinson , Judge

.

August 16, 2024

P ER C URIAM

.
A FFIRMED

.
B.L. T HOMAS , R AY , and N ORDBY , JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Jessica J. Yeary, Public Defender, and Jasmine Dixon , Assistant Public Defender, Tallahassee
, for Appellant.

Ashley Moody, Attorney General, Tallahassee
, for Appellee.
II 

109TH CONGRESS 

1ST SESSION S. 701

To reduce temporarily the duty on certain sorbic acid (hexadienic acid) 

(2,4-hexadienoic acid). 

IN THE SENATE OF THE UNITED STATES 

APRIL 5, 2005

Mr. LAUTENBERG introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL

To reduce temporarily the duty on certain sorbic acid 

(hexadienic acid) (2,4-hexadienoic acid).

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

3 SECTION 1. CERTAIN SORBIC ACID. 

4 (a) IN GENERAL.—Subchapter II of Chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading:

‘‘ 9902.29.15 Sorbic Acid (CAS No. 

110–44–1) (provided 

for in subheading 

2916.19.20) ................. 1.9% No change No change On or before 12/

31/2008 ’’. 
•S 701 IS 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of enactment of this Act.

Æ