alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-10-00192-CR

______________________________

PAMELA JEAN SWEET, Appellant

V.

THE STATE OF TEXAS, Appellee

 

On Appeal from the 336th Judicial District Court

Fannin County, Texas

Trial Court No. CR-09-23264

 

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley
2

MEMORANDUM OPINION

Pamela Jean Sweet, appellant, has filed with this Court a motion to dismiss her appeal. 

The motion is signed by Sweet and by her counsel in compliance with Rule 42.2(a) of the Texas 

Rules of Appellate Procedure. See TEX. R. APP. P. 42.2(a). As authorized by Rule 42.2, we 

grant the motion. See TEX. R. APP. P. 42.2.

Accordingly, we dismiss the appeal.

Bailey C. Moseley

Justice

Date Submitted: December 16, 2010

Date Decided: December 17, 2010

Do Not Publish
<PAGE>

                                                                    EXHIBIT 23.1


                        CONSENT OF INDEPENDENT AUDITORS


We consent to the reference to our firm in the headnote to the Selected
Financial Data included in this Annual Report (Form 10-K) for the year ended
December 31, 2000 and to the incorporation by reference in the Registration
Statement (Form S-8 No. 333-47646) pertaining to the 1996 Stock Plan (as
amended), 2000 Director Option Plan, 2000 Employee Stock Purchase Plan, 2000
Stock Plan and options to purchase Series E Preferred Stock; and the
Registration Statement (Form S-8 No. 333-55504) pertaining to the 2000 Stock
Plan of our report dated January 24, 2001, with respect to the consolidated
financial statements of Microtune, Inc. included in the Annual Report (Form 10-
K) for the year ended December 31, 2000.


Dallas, Texas
March 13, 2001
#### Rose Schnitzler, Respondent, *v.*The Oriental Metal Bed Company, Appellant.

(Supreme Court, Appellate Term,

May, 1905.)

New trial — Newly-discovered evidence — Granted for corroborative evidence— Rule as to cumulative evidence, when disregarded.

A new trial should be granted for newly-discovered evidence which, though corroborative of defendant’s witnesses, would very possibly have changed the result of the trial where plaintiff’s case was extremely weak and suspicious.

In such a case the general rule as to cumulative evidence may be disregarded to enable the court to reach a just result.

Appeal from an order denying defendant’s motion for a new trial made upon, the ground of newly-discovered evidence in the City Court of the city of New York.

H. B. Davis, for appellant.

Abraham H. Sarasohn, for respondent.

Scott, J.

The motion for a new trial upon the ground of newly-discovered evidence should have been granted. The plaintiff’s ease was extremely weak and suspicious. Very possibly the evidence first learned of by defendant after the trial would, if presented at the trial, have changed the result. It is true that it is in a sense cumulative, or mo-re properly corroborative of witnesses who- were produced, but this is not necessarily fatal to the motion. Vollkommer v. Nassau El. R. R. Co., 23 App. Div. 88. The object of the court must always he to- reach a just result, and when as in the present case the verdict rested alone upon the plaintiff’s unsupported and very contradictory evidence, which was met at every point by a -number of witnesses, few of whom seemed to he interested, we think that the general rule as to granting a new trial for the introduction of cumulative evidence may well be disregarded. We are unable to- see that *357the defendant was guilty of any *laches*in preparing for trial.

Order reversed, with ten dollars costs and disbursements, and motion granted.

Truax and Dowling, JJ., concur.

Order reversed, with ten dollars costs and disbursements, and motion granted.
No. 1242.

#### Medley *v.*United States.

June 10, 1946.

*John H. Burnett*for petitioner.

*Solicitor General McGrath, Robert S. Erdahl*and *Sheldon E. Bernstein*for the United States.

Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia denied.
108TH CONGRESS

1ST SESSION H. R. 8

AN ACT

To make the repeal of the estate tax permanent.

108TH CONGRESS

1ST SESSION H. R. 8

AN ACT

To make the repeal of the estate tax permanent.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 8 EH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Death Tax Repeal Per3 manency Act of 2003’’.

4 SEC. 2. ESTATE TAX REPEAL MADE PERMANENT.

5 Section 901 of the Economic Growth and Tax Relief

6 Reconciliation Act of 2001 shall not apply to title V of

7 such Act.

Passed the House of Representatives June 18, 2003.

Attest:

JEFF TRANDAHL,

Clerk.

By

Deputy Clerk.
Chart 2-2. The gap between the unemployment rates of those 

without a high school diploma and those who have completed 

college is wider today than it was in 1970

0

4

8

12

16

1970 1973 1976 1979 1982 1985 1988 1991 1994 1997 2000 2003

Percent

Less than a high school diploma

High school graduates, no college

Bachelor's degree and higher 

Some college or associate degree

NOTE: Data are from the March 1970-2005 Current Population Survey and are for persons age 25-64. Beginning in 1992, data 

are based on highest diploma or degree received; prior to this time, data were based on years of school completed.

SOURCE: Bureau of Labor Statistics

Chart 2-2. The gap between the unemployment rates of those 

without a high school diploma and those who have completed 

college is wider today than it was in 1970

• In March 2005, the unemployment rate for persons 25 to 64 years old without 

a high school diploma was 9.0 percent, while the jobless rate for college 

graduates was 2.3 percent. This compares with unemployment rates of 4.6 and 

1.3 percent, respectively, in 1970.

• The unemployment rate for high school dropouts trended upward until the 

early 1980s. Although there has been some long-term improvement since 

then, the rate remains considerably higher than in 1970.

• In contrast, the jobless rate for college graduates has held fairly steady on a 

long-term basis.
The AAL Mutual Funds

Supplement  dated July 19, 1999,  to the Class A and B Shares and Class I Shares
prospectuses  dated July 1, 1999 for The AAL Small Cap Stock  Fund,  The AAL Mid
Cap Stock Fund, The AAL International Fund, The AAL Capital Growth Fund, The AAL
Equity Income Fund, The AAL Balanced Fund, The AAL High Yield Bond Fund, The AAL
Municipal  Bond Fund,  The AAL Bond Fund,  and The AAL Money  Market  Fund.  The
following   information  replaces  information  contained  in  the  "Management,
Organization, and Capital Structure" section of the prospectuses.


The AAL Balanced Fund
Effective July 19, 1999, Alan D. Onstad replaces Michael R. Hilt as a co-manager
of The AAL Balanced Fund (the "Fund").  Frederick L. Plautz will continue in his
role as co-manager of the Fund.  Mr. Onstad  currently  manages the AAL Variable
Product Money Market  Portfolio,  the money market  portfolio of the AAL Savings
Plan,  and the utility  portfolio of AAL's general  account.  Effective July 19,
1999,  Mr.  Onstad  will also  manage  The AAL Bond  Fund.  Mr.  Onstad has been
employed  by AAL since  1973,  most  recently  as  Assistant  Vice-President  of
Securities,  and will now serve as a joint  employee of both AAL and AAL Capital
Management Corporation.


The AAL Bond Fund
Effective July 19, 1999, Alan D. Onstad  replaces  Michael R. Hilt as manager of
The AAL Bond Fund. Mr. Onstad  currently  manages the AAL Variable Product Money
Market  Portfolio,  the money market  portfolio of the AAL Savings Plan, and the
utility portfolio of AAL's general account.  Effective July 19, 1999, Mr. Onstad
will also  co-manage The AAL Balanced  Fund. Mr. Onstad has been employed by AAL
since 1973, most recently as Assistant  Vice-President  of Securities,  and will
now  serve  as  a  joint  employee  of  both  AAL  and  AAL  Capital  Management
Corporation.




Form No. C-50042PS1  7-99
#### Alexander FRIDMAN, Petitioner-Appellant, v. Joseph HIGGS, Superintendent Rappahannock Regional Jail, Respondent-Appellee.

No. 12-7036.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 21, 2012.

Decided: Jan. 8, 2013.

Debra Desmore Corcoran, Debra D. Corcoran & Associates, Richmond, Virginia, for Appellant. Josephine Frances Whalen, Assistant Attorney General, Richmond, Virginia, for Appellee.

Before SHEDD, DAVIS, and FLOYD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Alexander Fridman seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appeal-ability. *See*28 U.S.C. § 2253(c)(1)(A) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85,120 S.Ct. 1595.

*246We have independently reviewed . the record and conclude that Fridman has not made the requisite showing. Accordingly, we deny a certifícate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*
#### In the Matter of William McKethan, Petitioner, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

[853 NYS2d 746]

Having attempted to engage in a physical altercation with another inmate, petitioner was charged in a misbehavior report with, among other things, creating a disturbance and engaging in violent conduct. A tier III disciplinary hearing ensued, during which extensive testimony was given by petitioner, three other inmates and two correction officers. At the conclusion of the hearing, petitioner was found guilty of the two charges. That determination was affirmed upon administrative appeal and petitioner commenced this CPLR article 78 proceeding.

We confirm. Initially, although the hearing transcript contains some inaudible portions, they are not so significant as to preclude meaningful review *(see Matter of Lewis v Goord,*43 *1114AD3d 1223, 1224 [2007]). Turning to the merits, the detailed misbehavior report and the testimony adduced at the hearing comprise substantial evidence to support the determination of guilt (see *Matter of Tafari v Selsky,*45 AD3d 1139, 1139 [2007]). Finally, as for petitioner’s conclusory claim that he was improperly denied the right to present photographic evidence, the Hearing Officer property found it irrelevant to the charges (see *Matter of Santana v Senkowski,*269 AD2d 638 [2000]).

Cardona, P.J., Peters, Rose, Kane and Malone Jr., JJ, concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
###                                                The AAL Mutual Funds

####                                    Supplement to Prospectus dated June 27, 2003
I 

108TH CONGRESS 

1ST SESSION H. R. 921

To require amounts remaining in Members’ representational allowances at 

the end of a fiscal year to be used for deficit reduction or to reduce 

the Federal debt, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2003

Mr. CAMP (for himself, Mr. UPTON, and Mr. SMITH of Michigan) introduced 

the following bill; which was referred to the Committee on House Administration 

A BILL

To require amounts remaining in Members’ representational 

allowances at the end of a fiscal year to be used for 

deficit reduction or to reduce the Federal debt, and for 

other purposes.

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

3 SECTION 1. REQUIRING AMOUNTS REMAINING IN MEM4 BERS’ REPRESENTATIONAL ALLOWANCES TO 

5 BE USED FOR DEFICIT REDUCTION OR TO RE6 DUCE THE FEDERAL DEBT. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, any amounts appropriated for the Members’ 
2

•HR 921 IH 

1 Representational Allowance of a Member of the House of 

2 Representatives for a fiscal year which remain after all 

3 payments are made under such Allowance for the year 

4 shall be deposited in the Treasury and used for deficit re5 duction, except that in the case of a fiscal year for which 

6 there is no Federal budget deficit, such amounts shall be 

7 used to reduce the Federal debt (in such manner as the 

8 Secretary of the Treasury considers appropriate). 

9 (b) EFFECTIVE DATE.—This section shall apply with 

10 respect to fiscal year 2003 and each succeeding fiscal year. 

11 SEC. 2. PUBLICATION REQUIREMENT. 

12 After each session of Congress or other period for 

13 which the Members’ Representational Allowance is made 

14 available, there shall be published in the Congressional 

15 Record a statement showing, with respect to such session 

16 or period, the amount deposited with respect to each Mem17 ber under section 1 and the total deposited with respect 

18 to all Members. 

19 SEC. 3. REGULATIONS. 

20 The Committee on House Administration of the 

21 House of Representatives shall have authority to prescribe 

22 regulations to carry out this Act. 
3

•HR 921 IH 

1 SEC. 4. DEFINITION. 

2 As used in this Act, the term ‘‘Member of the House 

3 of Representatives’’ means a Representative in, or a Dele4 gate or Resident Commissioner to, the Congress.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                             220
<SECURITIES>                                         0
<RECEIVABLES>                                    1,594
<ALLOWANCES>                                        33
<INVENTORY>                                        783
<CURRENT-ASSETS>                                 4,787
<PP&E>                                           3,605
<DEPRECIATION>                                   1,739
<TOTAL-ASSETS>                                  19,889
<CURRENT-LIABILITIES>                            4,300
<BONDS>                                          5,149
<PREFERRED-MANDATORY>                                4
<PREFERRED>                                          0
<COMMON>                                           609
<OTHER-SE>                                       5,129
<TOTAL-LIABILITY-AND-EQUITY>                    19,889
<SALES>                                          8,605
<TOTAL-REVENUES>                                 8,605
<CGS>                                            5,868
<TOTAL-COSTS>                                    5,868
<OTHER-EXPENSES>                                 3,385
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 456
<INCOME-PRETAX>                                (1,190)
<INCOME-TAX>                                     (423)
<INCOME-CONTINUING>                              (773)
<DISCONTINUED>                                     961
<EXTRAORDINARY>                                   (93)
<CHANGES>                                            0
<NET-INCOME>                                        95
<EPS-PRIMARY>                                      .22
<EPS-DILUTED>                                      .22
        

</TABLE>
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

###### Parole Commission

      ( print page 37731)    
I, Isaac Fulwood, of the United States Parole Commission, was present at a meeting of said Commission, which started at approximately 11:30 a.m., on Thursday, July 16, 2009, at the U.S. Parole Commission, 5550 Friendship Boulevard, 4th Floor, Chevy Chase, Maryland 20815. The purpose of the meeting was to decide one petition for reconsideration pursuant to 28 CFR 2.27. Four Commissioners were present, constituting a quorum when the vote to close the meeting was submitted.

Public announcement further describing the subject matter of the meeting and certifications of General Counsel that this meeting may be closed by vote of the Commissioners present were submitted to the Commissioners prior to the conduct of any other business. Upon motion duly made, seconded, and carried, the following Commissioners voted that the meeting be closed: Isaac Fulwood, Cranston J. Mitchell, Edward F. Reilly, Jr. and Patricia K. Cushwa.

In witness whereof, I make this official record of the vote taken to close this meeting and authorize this record to be made available to the public.

Dated: July 17, 2009.

Isaac Fulwood,

Chairman, U.S. Parole Commission.

[FR Doc. E9-17887 Filed 7-28-09; 8:45 am]

BILLING CODE 4410-01-M
ex10-1.htm








Exhibit 10.1

















 


[Date]







Minerals Technologies Inc.


622 Third Avenue


New York, NY  10017







Dear                                      :


 


      This letter amends your change-in-control severance agreement as follows, effective as of the date hereof.







1.           Section 2(i)(A) is amended by replacing the phrase “15% or more of the combined voting power of the Company’s then outstanding securities” with “30% or more of the combined voting power of the Company’s then outstanding securities”.







2.           Section 2(i)(C) is amended by replacing the phrase “the stockholders of the Company approve” with “the Company consummates”.







3.           Section 2(i)(D) is amended by replacing the phrase “the stockholders of the Company approve” with “the Company consummates”.


 


      If you agree to this amendment, please sign and return the enclosed copy of this letter.







Sincerely,







MINERALS TECHNOLOGIES INC.












By:_________________________________                                            ___________________


[Print Name]                                                                                           Date












Agreed to by:












___________________________________                                              ___________________


[Print Name]                                                                                            Date
<PAGE>   1

                                                                   Exhibit 11.01


                                   STAC, INC.
                        COMPUTATION OF EARNINGS PER SHARE
               (in thousands, except per share amounts; unaudited)


<TABLE>
<CAPTION>
                                                  Three Months              Nine Months
                                                 Ended June 30,            Ended June 30,
                                                 --------------            --------------
                                               1997         1996         1997          1996
                                               ----         ----         ----          ----
<S>                                           <C>          <C>          <C>          <C>
Primary earnings (loss) per share:

Net income (loss)                             $ 1,104      $ 1,916      $ 4,588      $ (4,202)

Less preferred dividends                           --           --           --           168
                                              -------      -------      -------      --------

Income (loss) available for common
  shareholders'                               $ 1,104      $ 1,916      $ 4,588      $ (4,370)
                                              =======      =======      =======      ========

Common and common stock
  equivalent shares outstanding                31,070       31,423       31,122        29,886


Primary earnings (loss) per share             $  0.04      $  0.06      $   .15      $  (0.15)


Fully diluted earnings (loss) per share:

Net income (loss)                             $ 1,104      $ 1,916      $ 4,588      $ (4,202)

Less preferred dividends                           --           --           --           168
                                              -------      -------      -------      --------

Income (loss) available for common
  shareholders'                               $ 1,104      $ 1,916      $ 4,588      $ (4,370)
                                              =======      =======      =======      ========

Common and common stock
  equivalent shares outstanding                31,070       31,423       31,122        30,551

Fully diluted income (loss) per share         $  0.04      $  0.06      $  0.15      $  (0.14)

</TABLE>









                                       16