alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF APPEALS OF IOWA

No. 17-0021

Filed September 13, 2017

STATE OF IOWA,

Plaintiff-Appellee,

vs.

ROBERT L. WALLACE,

Defendant-Appellant.

________________________________________________________________

Appeal from the Iowa District Court for Marshall County, Kim M. Riley, 

District Associate Judge.

A defendant appeals from his conviction and sentence for possession of a 

controlled substance, second offense. AFFIRMED.

Merrill C. Swartz of Swartz Law Firm, Marshalltown, for appellant.

Thomas J. Miller, Attorney General, and Genevieve Reinkoester, Assistant 

Attorney General, for appellee.

Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
2

VOGEL, Presiding Judge.

Robert Wallace appeals his conviction and sentence to one count of 

possession of a controlled substance, second offense, in violation of Iowa Code 

sections 124.206 and 124.401(5) (2016). Wallace asserts his trial counsel was 

ineffective for allowing him to plead guilty because there was an insufficient 

factual basis for his plea to a second offense of violating Iowa Code chapter 124. 

Wallace’s November 16, 2016, plea to possession of a controlled 

substance included the statement, “I admit that on or about June 11, 2016, in 

Marshall County, l did knowingly possess a Schedule ll Controlled Substance: 

Methamphetamine.” The plea also advised that the court may rely on the 

minutes of testimony as a further factual basis to support the plea. 

To prevail on a claim of ineffective assistance of counsel, Wallace must 

prove by a preponderance of the evidence (1) the attorney failed to perform an 

essential duty and (2) prejudice resulted from the failure. State v. Rodriguez, 804 

N.W.2d 844, 848 (Iowa 2011). The record on which a factual basis exists may 

include “statements by the defendant, minutes of testimony, facts related by the 

prosecutor, and any presentence investigation report.” State v. Myers, 653 

N.W.2d 574, 579 (Iowa 2002).

Here, the minutes of testimony included the expected testimony of the 

Marshall County Clerk of Court, stating:

This witness, if called, upon being duly sworn on oath, will 

testify that the records of their respective agency reflect that the 

Defendant, ROBERT LYNN WALLACE, was previously convicted 

of a violation of Iowa Code Chapter 124 as follows:

• Conviction of Possession of a Controlled Substance 

in violation of Iowa Code Chapter 124 on September 22, 
3

2014, in Marshall County Criminal No. SRCR084496 and 

was represented by counsel, Darrell Meyer.

Because a factual basis for the plea exists, Wallace has not proven trial 

counsel failed to perform an essential duty. State v. Carroll, 767 N.W.2d 638, 

645 (Iowa 2009) (“[C]ounsel has no duty to pursue a meritless issue.”). 

Therefore, Wallace’s trial counsel did not breach an essential duty, and there is 

no prejudice resulting. The judgment of the district court is affirmed without 

further opinion. See Iowa Ct. R. 21.26(1)(a), (b), (d), (e).

AFFIRMED.
Fourth Court of Appeals

San Antonio, Texas

July 23, 2015

No. 04-15-00333-CR

Mario Ismael GUTIERREZ,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2013CR4433

Honorable Philip A. Kazen, Jr., Judge Presiding

O R D E R 

Erminia Uviedo’s extension of time to file the court reporter’s record is this date 

NOTED. Time is extended to August 19, 2015.

PER CURIAM

ATTESTED TO: ______________________________

 KEITH E. HOTTLE

 CLERK OF COURT

cc: George E. Shaffer

Attorney At Law

1919 San Pedro Ave. 270

San Antonio, TX 78212

Nicolas A. LaHood

District Attorney, Bexar County

101 W. Nueva, Suite 370

San Antonio, TX 78205

Erminia Uviedo

Court Reporter

2027 Muddy Peak

San Antonio, TX 78245
Exhibit 32.1

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

I, Cory Turner, Chief Executive Officer and Chief Financial Officer of Clean Power Concepts Inc. (the Company), 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:

|     |                                                                                                                                                                                                                                                                                                 
|---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|(i)  | The Quarterly Report on Form 10-QSB of the Company, for the six months ending December 31, 2007, and to which this certification is attached as Exhibit 32 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
|    
|(ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                                                            
|    



| |        |                            
| | ------ | ---------------------------
| | By:    | /s/ Cory Turner            
| | Name:  | Cory Turner                
| | Title: | Chief Executive Officer    
| |        | and Chief Financial Officer
| | Date:  | February 14, 2007
[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Page 31269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15380]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-760-000]


Red Shield Acquisition, LLC; Notice of Filing

June 23, 2009.
    Take notice that on June 16, 2009, Red Shield Acquisition, LLC 
(RSA) filed a letter of clarification to its February 25, 2009 filing 
(February 25th filing), stating that RSA also requests, in addition to 
the other relief sought in its February 25th filing, a waiver of Order 
888, including the requirement to file an Open Access Transmission 
Tariff.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#e9afacbbaaa6878580878cba9c9999869b9da98f8c9b8ac78e869f"><span class="__cf_email__" data-cfemail="95d3d0c7d6dafbf9fcfbf0c6e0e5e5fae7e1d5f3f0e7f6bbf2fae3">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on June 30, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-15380 Filed 6-29-09; 8:45 am]
BILLING CODE P


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</html>
Exhibit 31.1
 CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Virtual Radiologic Corporation;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 (a)
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;(b)
    
    Evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and(c)
    
    Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial reporting;
and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
 (a)
    
    All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to record,
process, summarize and report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrants internal control
over financial reporting.
 Date:      May 1, 2009
    By:
    /s/ Robert C. KillRobert C. KillPresident and Chief Executive Officer
IV 

116TH CONGRESS 

1ST SESSION H. RES. 614 

Expressing support for the recognition of October 7, 2019, through October 

11, 2019, as ‘‘Smart Cities Week’’ and supporting the further research, 

development, and adoption of technology designed to improve efficiency, 

connectivity, sustainability, and mobility in transportation, infrastructure, 

and workforce opportunity in American cities and communities. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 4, 2019 

Ms. CLARKE of New York submitted the following resolution; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

RESOLUTION 

Expressing support for the recognition of October 7, 2019, 

through October 11, 2019, as ‘‘Smart Cities Week’’ and 

supporting the further research, development, and adoption of technology designed to improve efficiency, 

connectivity, sustainability, and mobility in transportation, infrastructure, and workforce opportunity in 

American cities and communities. 

Whereas the term ‘‘smart technology’’ refers to a range of 

technologies and devices, including automation, artificial 

intelligence, wireless and wired communications, sensors, 

actuators, smart meters, ‘‘Internet of Things’’ devices, 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HRES 614 IH 

data sharing, and data analytics, that are used in various 

applications to make cities and communities more efficient, resilient, and competitive; 

Whereas the integration of smart technology has the potential 

to revolutionize connectivity, mobility, sustainability, and 

21st century workforce opportunities in the country’s cities, regions, and communities; and 

Whereas American investment in infrastructure could promote employment opportunities while spurring the next 

generation of telecommunications technology, including 

5G and dedicated short range communications technology: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) encourages the recognition of ‘‘Smart Cities 

3 Week’’; and 

4 (2) supports efforts— 

5 (A) to further research, develop, and adopt 

6 technology in American cities designed to im7 prove efficiency, connectivity, sustainability, and 

8 mobility in transportation and infrastructure, 

9 including the implementation of 5G tele10 communications and dedicated short range com11 munications technology; 

12 (B) to increase awareness of new work13 force opportunities and expanded accessibility 

14 made available through ‘‘Smart City’’ initiatives 

15 and emerging industries in the 21st century 

16 economy; and 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HRES 614 IH 

1 (C) to encourage the formation of public2 private partnerships (or P3s) among the Fed3 eral Government, the States, localities, commu4 nities, the private sector, and key stakeholders 

5 to foster innovation when designing and imple6 menting smart technology solutions. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
Occupational Outlook Quarterly • Summer 2005

44

I

n some occupations, workers clock unusually long hours. 

But these workers often receive relatively high pay—perhaps due, in part, to the time they spend working. According to data from the U.S. Bureau of Labor Statistics (BLS), 

time-consuming occupations often have average weekly earnings that are higher than those of other occupations.

The chart shows the occupations with the highest percentages of workers who spent 60 or more hours a week on 

the job during the week in 2004 in which they were surveyed. 

Topping the list for both hours and earnings are physicians 

and surgeons. About 29 percent of these workers logged 60 or 

more hours per week in 2004. And physicians and surgeons 

had the highest median weekly earnings of any occupation 

studied by BLS. Earnings data shown are for wage-andsalary workers; earnings for self-employed workers are not 

included. 

Management occupations dominate the list of timeconsuming careers. Of those listed, all but farm, ranch, and 

other agricultural managers had higher-than-average earnings. 

Even in time-consuming occupations, not all workers 

devote such long hours to the job, and not all earn the average in their field. Hours and earnings of individual workers 

depend on many factors, including industry, employer, and 

specific job tasks. 

Time-consuming occupations 

and what they pay

30 25 20 15 10 0 5 0 500 1000 1500 2000

Veterinarians

Farm, ranch, and other 

agricultural managers

Clergy

Food service managers

Railroad conductors 

and yardmasters

Lawyers

General and 

operations managers

Fire fighters

Chief executives

29% Physicians and surgeons

14

15

16

16

17

19

20

24

24

657

1,129

1,561

881

771

933

1,050

621

1,117

$1,660

Percent of people who reported working 

60 hours or more per week

Median weekly earnings reported by 

wage-and-salary workers

Occupations and earnings of people who worked 60 hours or more per week, 2004
<PAGE>
Exhibit 11

                 SCHEDULE OF COMPUTATION OF NET INCOME PER SHARE

<TABLE>
<CAPTION>
                                                         2001          2000          1999
<S>                                                  <C>           <C>           <C>
BASIC EARNINGS PER SHARE
Net income                                           $13,808,555   $15,574,583   $14,736,792
                                                     =======================================

Divide by:  Weighted average shares outstanding       11,098,506    11,308,120    11,477,971
                                                     =======================================

Basic earnings per share                             $      1.24   $      1.38   $      1.28
                                                     =======================================

DILUTED EARNINGS PER SHARE
Net income                                           $13,808,555   $15,574,583   $14,736,792
                                                     =======================================

Divide by: Weighted average shares outstanding        11,098,506    11,308,120    11,477,971
           Potentially dilutive effect of
             stock options                                 1,890        10,108        21,547
                                                     ---------------------------------------
           Weighted average shares outstanding,      ---------------------------------------
             including potentially dilutive effect
             of stock options                         11,100,396    11,318,228    11,499,518
                                                     =======================================

Diluted earnings per share                           $      1.24   $      1.38   $      1.28
                                                     =======================================
</TABLE>
#### Barbara Donlon, Also Known as Barbara T. Donlon, Respondent, v Gloria Diamico, Also Known as Gloria D’Amico, Appellant, et al., Defendant.

[823 NYS2d 483]

*842In an action for the partition and sale of real property and for an accounting, the defendant Gloria Diamico, also known as Gloria D’Amico, appeals from an order of the Supreme Court, Queens County (Satterfield, J.), dated May 4, 2004, which granted the plaintiffs motion, inter alia, for summary judgment directing that certain real property be partitioned and sold at public auction and denied her cross motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the facts and as a matter of discretion, by adding a decretal paragraph thereto directing that an accounting be made prior to the entry of an interlocutory judgment directing the sale of the subject premises; as so modified, the order is affirmed, with costs to the plaintiff.

“A person holding and in possession of real property as joint tenant or tenant in common, in which he [or she] has an estate of inheritance, or for life, or for years, may maintain an action for the partition of the property, and for a sale if it appears that a partition cannot be made without great prejudice to the owners” (RPAPL 901 [1]; see *Wilbur v Wilbur,*266 AD2d 535, 536 [1999]; *Ferguson v McLoughlin,*184 AD2d 294, 295 [1992]; *Bufogle v Greek,*152 AD2d 527, 528 [1989]).

Here, there are no triable issues of fact regarding the plaintiffs right to possession of the property, which is all that she needed to maintain the present partition action *(see*RPAPL 901 [1]; *Dalmacy v Joseph,*297 AD2d 329, 330 [2002]). Further, the plaintiff established her entitlement to summary judgment directing that the real property be partitioned and sold at public auction by demonstrating that the subject property “was so circumstanced that partition [alone] thereof cannot be made without great prejudice to the owners” *(Chittenden v Gates,*18 App Div 169, 173 [1897]; *see*RPAPL 901 [1]). In response, the appellant failed to demonstrate the existence of a triable issue of fact sufficient to defeat the plaintiffs motion *(see Russo Realty Corp. v Katz,*211 AD2d 673 [1995]). Contrary to the appellant’s contention, it cannot be said that the equities favor dismissal of the action *(cf. Ripp v Ripp,*38 AD2d 65, 68-69 [1971], *affd*32 NY2d 755 [1973]; *Stressler v Stressler,*193 AD2d 728 [1993]).

Prior to the entry of an interlocutory judgment directing the sale of the subject property, an accounting must be made of the income and expenses of the property, including but not limited to insurance costs, taxes, rents, and maintenance costs *(see*RPAPL 911, 915; *McVicker v Sarma,*163 AD2d 721, 722 [1990]; *Barol v Barol,*95 AD2d 942, 943 [1983]; *cf.*RPAPL 945).

*843The appellant’s remaining contentions are without merit. Miller, J.E, Goldstein, Mastro and Dillon, JJ., concur.
Exhibit
32.1




Certification of Principal
Executive Officer


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 SRKP 10, Inc. (the "Company") on Form 10-Q for the period ending September
30, 2010 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Richard A. Rappaport, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to
my 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/ Richard A. RappaportRichard
      A. RappaportPrincipal
      Executive OfficerNovember
      9, 2010
ACCEPTED12-15-00055-CRTWELFTH COURT OF APPEALSTYLER, TEXAS7/24/2015 2:48:13 PMCATHY LUSKCLERK
#### In the Matter of Anthony Amaker, Appellant, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

[977 NYS2d 539]

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered September 6, 2012 in a CPLR article 78 proceeding. The judgment, inter alia, denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 *1372proceeding seeking to annul the determination that he violated three inmate rules. Contrary to petitioner’s contention, the record does not establish that the Hearing Officer was biased or that the determination flowed from the alleged bias *(see Matter of Rodriguez v Herbert,*270 AD2d 889, 890 [2000]). Also contrary to petitioner’s contention, the Hearing Officer did not improperly deny petitioner his right to call the superintendent of the facility or the pharmacist as witnesses inasmuch as the subject of their proposed testimony was irrelevant to the proceedings *(see Matter of Lewis v Lape,*90 AD3d 1259, 1260 [2011] , *lv denied*18 NY3d 809 [2012]). Finally, petitioner’s contention that he should have been able to admit Directive 4910 in evidence because the search was improper is not properly before us, inasmuch as he failed to exhaust his administrative remedies with respect to that contention *(see Matter of Kearney v Village of Cold Spring Zoning Bd. of Appeals,*83 AD3d 711, 713 [2011]), and we conclude that the Hearing Officer did not act improperly in removing petitioner from the hearing *(see Matter of Barnes v Brack,*101 AD3d 1277, 1278 [2012] ). Present — Smith, J.P, Fahey, Lindley, Valentino and Whalen, JJ.