alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The State of Ohio, Appellee, *v.*Fautenberry, Appellant.

[Cite as *State v. Fautenberry*(1997), 78 Ohio St.3d 320.]

(No. 96-2521

Submitted March 4, 1997

Decided April 30, 1997.)

*321
      *Joseph T. Deters,*Hamilton County Prosecuting Attorney, and *Ronald W. Springman, Jr.,*Assistant Prosecuting Attorney, for appellee.

*David H. Bodiker,*Ohio Public Defender, *Lori Ann McGinnis*and *Stephen P. Hardwick,*Assistant Public Defenders, for appellant.

*Per Curiam.*

We affirm the judgments of the court of appeals denying appellant’s application for reopening and motion for reconsideration for the same reasons articulated by the court of appeals. Further, appellant has failed to establish the existence of a colorable claim of ineffective assistance of appellate counsel under *Strickland v. Washington*(1984), 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674. We reject all of appellant's propositions of law raised before this court.

*Judgments affirmed.*

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
Exhibit 10.1


 






	
Nocona Production Company

	
214-683-9121


	 	
4201 Sagemont 


Carrollton, Texas 75010 


h@nyce.us







 



Agreement


 


This agreement is between Core Resource Management, Inc. (CRM) and Nocona Production Company (NPC).


 


Both parties agree as follows;


 



NPC will assign to CRM a 13.8750% Net Revenue Interest (being a 18.5000% Working Interest) of its interest in the Astley #14, Charlotte Astley, Sanders, and Fooshee leases, including all six producing wells, two salt-water disposal wells and equipment. These Leases are in Montague County, Texas. Assignment will have an effective date of May 1,2013. All runs and expenses from that time forward will accrue to the interest of


CRM.


 


CRM will pay NPC $230,000.


 



The lease equipment estimated value is $150,000 and the Value of the transferred equipment is $27,750.


 


NMC agrees to spend up to $125,000 on the leases, additional well completions and work overs over the next two years. If these efforts prove successful and improve production from the leases by 25% for two months or more, NPC has the right to make a one time "take or pay" offer to repurchase the interest. In any such proposal, CRM will be credited its purchase price, plus 25% per annum, less any net income.








 



This agreement is made this 25th Day of April, 2013.


 


As agreed and understood by:


 



	
 

	
/s/ Harry Nyce

	
 


	
 

	
Harry Nyce, Secretary and General Manager

	
 


	
 

	
Nocona Production Company

	
 


	
 

	
 

	
 


	
 

	
/s/ W. Brown Glenn

	
 


	
 

	
W. Brown Glenn, Managing Partner

	
 


	 	Core Resource Management, Inc.	







 


Witnessed by:
DESCRIPTION - First Amendment to Credit Agreement between Wells Fargo Bank 
and Auto-Graphics, Inc. dated May 12, 1997. 


FIRST AMENDMENT TO CREDIT AGREEMENT
 
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered 
into as of June 23, 1997, by and between AUTOGRAPHICS, INC., a California
corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION 
("Bank")
 
RECITALS

WHEREAS, Borrower is currently indebted to Bank pursuant to the terms and
conditions of that certain Credit Agreement between Borrower and Bank 
dated as of May 12, 1997, as amended from time to time ("Credit 
Agreement").

WHEREAS, Bank and Borrower have agreed to certain changes in the terms and
conditions set forth in the Credit Agreement and have agreed to amend the
Credit Agreement to reflect said changes.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree that the Credit
Agreement shall be amended as follows:

  1. Section 4. 8 (d) is hereby deleted in its entirety, and the following
  substituted therefor:

       "(d) EBITDA Coverage Ratio not less than 2.00 to 1.00 as of each 
fiscal year end and not less than 1.75 to 1.00 as of the end of each 
fiscal quarter excluding quarter ending 12/31, on a rolling four-quarter  
basis, with "EBITDA" defined as net profit before tax plus interest 
expenses (net of capitalized interest expense), depreciation expense and 
amortization expense, and with "EBITDA Coverage Ratio" defined as EBITDA 
divided by the aggregate of total interest expense plus the prior period 
current maturity of long-term debt and the prior period current maturity 
of subordinated debt."

  2. Except as specifically provided herein, all terms and conditions of 
the Credit Agreement remain in full force and effect, without waiver or
modification.  All terms defined in the Credit Agreement shall have the
same meaning when used in this Amendment.  This Amendment and the Credit
Agreement shall be read together, as one document.

  3. Borrower hereby remakes all representations and warranties contained 
in the Credit Agreement and reaffirms all covenants set forth therein. 
Borrower further certifies that as of the date of this Amendment there 
exists no Event of Default as defined in the Credit Agreement, nor any 
condition, act or event which with the giving of notice or the passage of 
time or both would constitute any such Event of Default.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be 
executed as of the day and year first written above.

	AUTO-GRAPHICS, INC.			WELLS FARGO BANK,
						NATIONAL ASSOCIATION

      By: Ss/Robert S. Cope               By: Ss/Kirk C. Smith
	Robert S. Cope				Kirk C. Smith
	President				      Vice President
A TTORNEY FOR A PPELLANT A TTORNEYS FOR A PPELLEE

Jennifer A. Joas Gregory F. Zoeller

Madison , I ndiana Attorney General of Indiana

Richard C. Webster

Deputy Attorney General

Indianapolis, Indiana

______________________________________________________________________________



# In the

Indiana Supreme Court

_________________________________

No. 39S05

- 1509

- CR

- 517

G ARY A LLEN G IBSON

, Appellant ( Defendant b elow)

,

v.

S TATE OF I ND IANA

, Appellee ( Plaintiff b elow )

.

_________________________________

Appeal from the Jefferson Circuit Court , No. 39C01

- 1308

- FB

- 845

The Honorable Darrell M. Auxier , Judge

_________________________________

On Petition t o Transfer from the Indi ana Court of Appeals, No. 39A05

- 1404

- CR

- 156

_________________________________

September 1, 2015

Per Curiam.

Following a physical altercation with another man

, Gary Allen Gibson was charged with

one count of aggravated battery, two counts of criminal conf inement by removal, and one count

of battery resulting in serious bodily injury. A jury acquitted Gibson on one of the confinement

c ounts , but convicted him on the other three counts. Due to double jeopardy concerns, t he trialcourt entered judgment for only two counts, class B felony aggravated battery and class D felony

criminal confinement. The trial court sentenced Gibson to sixteen years ’ incarceration on the

battery conviction and two and one

- half years on the confinement conviction, with the sente nces

to be served concurrently.

Gibson appealed on numerous grounds, and the Court of Appeals affirmed Gibson’s

convictions and sentence in full. Gibson v. State , No. 39A05

- 1404

- CR

- 156 (Ind. Ct. A pp. Jan.

30, 2015). Gibson seeks transfer, contending, among other things, that there is insufficient

evidence to support his confinement conviction.

Gibson was charged with and convicted of confinement by removal under Indiana Code

section 35

- 42

- 3

- 3(a)(2). 1 Gibson’s charging information provided that he “did knowingly

remove [the victim] by force or threat of force by pulling [the victim] to the ground and battering

him.” ( Appellant’s App. at 83. ) The jury instruction for this co unt mirrored the language of

section 3(a) (2) of the statute. ( Appellant’s App. at 173. )

We agree with Gibson that there was insufficient evidence to support his conviction for

criminal confinement under section 3(a)(2). Accordingly, we grant transfer and reverse Gibson’s

criminal confinement conviction and concurrent two and one

- half year sentence . In all other

respects we summarily affirm the Court of Appeals ’ decision. See Ind. Appellate Rule 58(A)(2).

All Justices concur.

1 At the time of Gibson’s offense, the criminal confinement statute provided in pertin ent part:

A person who knowingly or intentionally:

(1) confines another person without the other person’s consent; or

(2) removes another person, by fraud, enticement, force, or threat of force, from one (1)

place to another;

commits criminal confinemen t.

Ind. Code § 35

- 42

- 3

- 3(a) (2011 ).
---

Exhibit 32.1

CERTIFICATIONS PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of mPhase Technologies,
Inc., a New Jersey corporation (the "Company"), on Form 10Q for the quarter
ended March 31, 2011 as filed with the Securities and Exchange Commission (the
"Report"), I, Ronald A. Durando, Chief Executive Officer of the Company certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18U.S.C. Section
1350), 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 operations of
      the Company.

|/s/
      Ronald A. Durando | 
|--------------------------- | 
|Ronald A. Durando           | 
|Chief Executive Officer     | 
|                            | 
|May 3, 2011                 | 

---
Exhibit 32.1

CERTIFICATION PURSUANT TO
18 USC. 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 FGX International Holdings Limited (the "Company")
for the three and nine months ended October 4, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Alec Taylor, Chief Executive Officer of the
Company, hereby 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; and

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

November13,2008

/s/ ALEC TAYLOR Alec TaylorTitle:

Chief Executive Officer
(principal executive officer)


---



QuickLinks
APR 19 2005

Elizabeth L. Homer, Esq.

Homer Law

1730Rhode Island Ave., NW

Suite 501

Washington, D.C. 20036

Re: Approval of the Amendments to the Gaming Ordinance of the

Quapaw Tribe of Oklahoma

Dear Ms. Homer:

Amendments to the Quapaw Tribe's gaming ordinance were submitted to the

National Indian Gaming Commission (NIGC) for our review and approval. These

amendments were approved by the Tribe's Business Committee in Resolution 021405-A

on February 14, 2005. The amendments and the Business Committee resolution were

received by the NIGC on March 3, 2005.

The amendments clarify the roles of the Tribal Gaming Agency and the Tribal

Gaming Commission. Additionally, they also clarify certain issues now that the Tribe

has a Tribal-State compact with the State of Oklahoma, which was approved by the

Secretary of the u.S. Department of the Interior.

I approved a gaming ordinance of the Quapaw Tribe on February 3, 2005. This

letter constitutes approval under the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §

2701 et seq., of the enclosed amendments to that ordinance. The amendments are

approved for gaming only on Indian lands, as defined in the IGRA, over which the Tribe

possessesjurisdiction and exercises governmental power.

Thank you for submitting the amendments for review and approval. The NIGC

staff and I look forward to continuing to work with the Tribe to implement the IGRA. If

you have questions or require further assistance, please contactJo-Ann Shyloski, NIGC

Staff Attorney, at 202-632-7003.

NATIONALHEADQUARTERS1441L51.NW,Suite9100,Washington,DC20005 Tel:202.632.7003 Fax:202.632.7066 WWW.NIGC.GOV

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK

.'. .'~
Enclosure

cc: John L. Berrey, Chainnan, Quapaw Tribal Business Committee

Tim Harper, Region V Director
No. 07-23-00207-CV

Global Building, LLC

 Appellant

§

§

§

§

From the 131st District Court

 of Bexar County 

v. August 9, 2023

Aulukista, LLC, Individually and 

Derivatively on Behalf of Global

Windcrest II, LLC

 Appellee 

Opinion by Justice Yarbrough

J U D G M E N T

Pursuant to the opinion of the Court dated August 9, 2023, it is ordered, 

adjudged, and decreed that the judgment of the trial court is reversed as to Global’s 

application to compel arbitration and that a judgment is hereby rendered staying the 

underlying litigation, and referring this matter to arbitration in accordance with paragraph 

18.22 of the Global Windcrest II, LLC operating agreement. It is further ordered, 

adjudged, and decreed that the temporary injunction issued by the trial court be 

vacated, and remand this matter for further proceedings consistent with our opinion.

It is further ordered that appellee 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
MO.

IN THE

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

STEVEN ERIC BREED

Petitioner

v.

THE STATE OF TEXAS

Respondent

From Appeal No. 13-13-00382-CR

No. 13-13-00383-CR

Trial Cause No. F12-00533-V

No. F12-51946-Y

COURT OFCRIMINAL APPEALS

JUL 14 2015

Abel Acosta, Clerk

FILED IN

COURT OF CRIMINAL APPEALS

JUL 14 2015

Abel Acosta, Clerk

292nd District Court Dallas County/ Texas

FIRST MOTION FOR EXTENSION OF TIME TO FILE

PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGE OF THE COURT OF CRIMINAL APPEALS:

Comes now/ Steven Eric Breed/ Petitioner Pro Se, and files this

Motion for an extension of 90 (ninety) days in which to file a

Petition for Discretionary Review. In support of this motion/

Petitioner shows the Court the following:

I.

The Petitioner was convicted in the 292nd District Court of

Dallas County/ Texas of the offense of Burglary in Cause No. F12-

00533-V and F12-51946-V, styled State of Texas vs. Steven Eric

Breed. The Petitioner appealed to the Court of Appeals/ Thirteenth

District of Texas/ Corpus Christi. The case was affirmed on 6-11-2015.
II.

The present deadline for filing the Petition for Discretionary

Review is 7-11-15. The Petitioner" has not requested any extention

prior to this request.

III.

Petitioner's request for an extension is based upon the following

facts: Petitioner was not notified of the decision of the court of

appeals in affirming his case until" 6-20-2015. Since that time

Petitioner has been attempting to g'ain legal representation in this

matter. His attorney on appeal has.informed Petitioner that he will

not represent him on the Petition for Discretionary Review.

WHEREFORE, Petitioner prays, this Court grant this motion and

extend the deadline for filing .the Petition for Discretionary .Review

in Case No. to 9^9-2015.

ren Eric Breed

Petitioner,Pro Se

TDC# 1859585

Huntsville Unit

815 12th Street

Huntsville, Tx 77348

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing

First Motion for Extension of Time to File a Petition for Discretionary

Review; has been forwarded by U.S. Mail, postage prepaid, first class,

to the Attorney for State, Dallas County Texas, and to the State

Prosecuting Attorney, P.O.Box 12405, Austin, TX 78711 on \ . ••

day of July , 2015.

tion Pro Se v.
#### In the Matter of Samuel S. et al., Appellants. Helene S., Respondent.

Submitted August 13, 2012;

decided October 23, 2012

*1066Motion for leave to appeal dismissed, upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3609 Reported in Senate (RS)]

                                                       Calendar No. 559
111th CONGRESS
  2d Session
                                S. 3609

                          [Report No. 111-288]

   To extend the temporary authority for the performance of medical 
 disability examinations by contract physicians for the Department of 
                           Veterans Affairs.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2010

   Mr. Akaka introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                           September 2, 2010

Reported under authority of the order of the Senate of August 5, 2010, 
                    by Mr. Akaka, without amendment

_______________________________________________________________________

                                 A BILL

 
   To extend the temporary authority for the performance of medical 
 disability examinations by contract physicians for the Department of 
                           Veterans Affairs.

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

SECTION 1. EXTENSION OF AUTHORITY FOR PERFORMANCE OF MEDICAL DISABILITY 
              EXAMINATIONS BY CONTRACT PHYSICIANS.

    Section 704(c) of the Veterans Benefits Act of 2003 (Public Law 
108-183; 38 U.S.C. 5101 note) is amended by striking ``December 31, 
2010'' and inserting ``December 31, 2012''.
                                                       Calendar No. 559

111th CONGRESS

  2d Session

                                S. 3609

                          [Report No. 111-288]

_______________________________________________________________________

                                 A BILL

   To extend the temporary authority for the performance of medical 
 disability examinations by contract physicians for the Department of 
                           Veterans Affairs.

_______________________________________________________________________

                           September 2, 2010

                       Reported without amendment
```
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711 

### 0FF8COAL BUS8MESS * ~H&Zi?m&i2£ <f ^ 

## STATE OF TEXAS- ytiJS-fflSgB fGTHaS^S*" 

## PENALTY FOR, i: ' R4^S ° ~TM«"XT^« private iiqg ' ^^ESlSsH 021M $©Q).26S 

### 3/17/2015 PRIVATE USE *«.- <$$ ^pjs^|g$g 0004279596 mar20 2015 

## RIVERA, DOUGLAS WILMER^Tr. dlftoT1%M3^MA,^DFROMWR^8¥;9T69C04 On this day, this Court has granted the tria[_court's request for an extension oftime pursuantto T.R.A.P. 73.5. The clerks record,,containing the 11.07 writ application is due in this Court on Tuesday, May 5, 20*15. Abel Acosta, Clerk

DOUGLAS WILMER RIVERA JEFFERSON COUNTY CORRECTIONAL FACILITY - \ TDC# 1760730 j P. O. BOX 26007 •/•• 1 BEAUMONT, TX 77720 i 

### BAWBS3S 77-720 • •• *

| «|»***»| *1««| 11 • • 11^1111 * 11liI'IP * I •''*lvl11 ^'llHS1 %1ll • t*
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Ketchikan Resource Advisory Committee will meet in Ketchikan, Alaska, July 23, 2009. The purpose of this meeting is to discuss potential projects under the Secure Rural Schools and Community Self-Determination Act of 2008.

# DATES:

The meeting will be held July 23, 2009 at 6 p.m.

# ADDRESSES:

                        The meeting will be held at the Southeast Alaska Discovery Center Learning Room (back entrance), 50 Main Street, Ketchikan, Alaska. Send written comments to Ketchikan Resource Advisory Committee, c/o District Ranger, USDA Forest Service, 3031 Tongass Ave., Ketchikan, AK 99901, or electronically to Diane Daniels, RAC Coordinator at                         *ddaniels@fs.fed.us.*

# FOR FURTHER INFORMATION CONTACT:

Diane Daniels, RAC Coordinator Ketchikan-Misty Fiords Ranger District, Tongass National Forest, (907) 228-4105.

# SUPPLEMENTARY INFORMATION:

The meeting is open to the public. Committee discussion is limited to Forest Service staff and Committee members. However, public input opportunity will be provided and individuals will have the opportunity to address the Committee at that time.

Dated: June 3, 2009.

Forrest Cole,

Forest Supervisor.

[FR Doc. E9-14311 Filed 6-19-09; 8:45 am]

BILLING CODE 3410-11-M