alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

December 4, 2019

No. 04-19-00514-CR

George LUCIO,

Appellant

v.

The STATE of Texas,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 17-2556-CR-A

Honorable Gary L. Steel, Judge Presiding

O RDER

Appellant George Lucio’s court-appointed attorney has filed a brief and motion to 

withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which counsel asserts there 

are no meritorious issues to raise on appeal. Counsel sent copies of the brief and motion to 

withdraw to appellant and explained appellant’s rights to review the record, file a pro se brief, 

and file a pro se petition for discretionary review if this court determines the appeal is frivolous. 

See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). In addition, counsel’s letter 

explained how to obtain the record and enclosed a motion for this purpose. See id.

Appellant has filed a motion to obtain a copy of the record. The motion is granted. We 

order the clerk of this court to send appellant, pro se, a copy of the record. 

If Lucio desires to file a pro se brief, we order that he do so by January 21, 2020. If 

appellant files a timely pro se brief, the State may file a responsive brief no later than thirty days 

after appellant’s pro se brief is filed in this court. Alternatively, if appellant does not file a timely 

pro se brief, the State may file a brief in response to counsel’s brief no later than January 3, 

2020. 

We further order the motion to withdraw filed by appellant’s counsel is held in abeyance 

pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that 

a motion to withdraw should not be ruled on before appellate court independently reviews the 

record to determine whether counsel’s evaluation that the appeal is frivolous is sound); Schulman 

v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008) (same); see also Kelly, 436 S.W.3d at 

319 (appointed counsel’s duties of representation do not cease when he files a motion to 
withdraw; counsel must continue to “act with competence, commitment and dedication to the 

interest of the client” until the court of appeals grants the motion). Accordingly, no new attorney 

will be appointed for appellant at this time.

We order the clerk of this court to serve a copy of this order on appellant, his counsel, 

the attorney for the State, and the clerk of the trial court. 

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 4th day of December, 2019.

___________________________________

MICHAEL A. CRUZ,

Clerk of Court
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1027 V

(Not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * *

*

MICHAEL BOYLE

, *

*

P e titioner, * Filed: October 3 , 2016

*

v. * De ci sion by Stipulation; Influenza

* Vaccine ; Chronic Inflammatory

SECRETARY OF HEALTH AND * Demyelinating Polyneuropathy (CIDP)

HUMAN SERVICES *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * *

DECISION

HASTINGS, Special Master

.

This is an action seeking an award under the National Vaccine Injury Compensation

Progra m 1 on account of an inj u ry suffered by Michael Boyl e

. On September 29 , 2016

, counsel

for both parties filed a Stipulation, stipulating that a decision should be entered granting

compensation. Th e parties have stipulated that P etitioner shall receive the following

compensation:

● A lump sum of $ 230,000.00 , in the form of a check payable to P etitioner,

representing compensation for all damages that would be available under

42 U.S.C. §300aa

- 15(a).

Under the statute governing the Program, as well as the “Vaccine Rules” adopted by this

court, the special master must now enter a decision endorsing that stipulation, and the clerk must

enter judgment, in order to authorize payment of the award. See § 300aa

- 12(d)(3)(A) and (e)(3);

§ 300aa

- 13( a); Vaccine Rules 10(a), 11(a). 2

1 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa

- 10

et seq. (2012 ed.). Hereinafter, for ease of citation, all "§" refer e nces will be to 42 U.S.C. (2012

ed.).

2 The “Vaccine Rules of the United States Court of Federal Claims” are found in Appendix B of

the Rules of the United States Court of Federal Claims.I have reviewed the file, and based on that review, I c onclude that the parties’ stipulation

appears t o be an appropriate one. Accordingly, my decision is that a Program award shall be

m ade to P etitioner in the amount set forth above. In the absence of a timely

- filed motion for

review of this Decision, the c lerk shall enter judgment in accordance herewith.

IT IS SO ORDERED.

/s/ George L. Hastings, Jr.

George L. Hastings, Jr.

Special Master
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


WASHINGTON, D.C. 20549





FORM 8-K





CURRENT REPORT


Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934





Date of report (Date of earliest event reported): December 7, 2010





Vail Resorts, Inc.


(Exact Name of Registrant as Specified in Charter)





Delaware

001-09614

51-0291762(State or Other Jurisdiction of Incorporation)

(Commission File Number)

(IRS Employer Identification No.)390 Interlocken Crescent

Broomfield, Colorado

80021(Address of Principal Executive Offices)

(Zip Code)Registrant's telephone number, including area code:

(303) 404-1800





(Former Name or Former Address, if Changed Since Last Report)





Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:


[  ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


[  ] Soliciting materials pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


[  ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


[  ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))





Item 2.02.  Results of Operations and Financial Condition.





On December 7, 2010, Vail Resorts, Inc. issued a press release announcing its results for the three months ended October 31, 2010.  A copy of the press release is being furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.





The information furnished pursuant to this Item 2.02, including Exhibit 99.1, shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and will not be incorporated by reference into any registration statement filed under the Securities Act of 1933, as amended, unless specifically identified therein as being incorporated therein by reference.





Item 9.01.  Financial Statements and Exhibits.





(d) Exhibits.





A list of exhibits furnished herewith is contained on the Exhibit Index which immediately precedes such exhibits and is incorporated herein by reference.











SIGNATURES





Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.





Vail Resorts, Inc.Date: December 7, 2010
By:
/S/ JEFFREY W. JONESJeffrey W. JonesSenior Executive Vice President and

Chief Financial Officer





EXHIBIT INDEX





Exhibit No.
Description99.1
Press Release, dated December 7, 2010, announcing fiscal 2011 first quarter results.
**Exhibit 23.1**

 

**INDEPENDENT AUDITORS’ CONSENT**

 

We consent to the incorporation by reference in Registration Statement No. 333-43618 of Large Scale Biology Corporation on Form S-8 of our report dated March 24,2004, appearing in this Annual Report on Form 10-K of Large Scale Biology Corporation for the year ended December 31, 2003 (which report expresses an unqualified opinion and includes an explanatory paragraph relating to the Corporation’sadoption of Statement of Financial Accounting Standards (“SFAS”) No. 123, “Accounting for Stock-Based Compensation” and SFAS No.142, “Goodwill and Other Intangible Assets”). 

 

/s/ DELOITTE & TOUCHE LLP 

 

Sacramento, California 

March 29, 2004****
Exhibit 31.2



CERTIFICATION



I, JEFFREY D. SERKES, certify that:



1. I have reviewed this annual report on Form 10-K of WEST PENN POWER COMPANY;



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(s) 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(s) 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.

|                     |  |  |  |                                              
|-------------------- |  |  |  | ---------------------------------------------
|                     |  | 
|                     |  |  |  | /s/    JEFFREY D. SERKES                     
|                     |  |  |  |                                              
|Date: March 11, 2004 |  |  |  | Jeffrey D. Serkes Principal Financial Officer
May 19, 2016

JUDGMENT

The Fourteenth Court of Appeals

THE PENN INSURANCE AND ANNUITY COMPANY, AND THE PENN 

MUTUAL LIFE INSURANCE COMPANY, Appellants

NO. 14-14-00986-CV V.

CHAD KURIGER, Appellee

________________________________

This cause, an appeal from the judgment in favor of appellee Chad Kuriger, 

signed November 18, 2014, was heard on the transcript of the record. We have 

inspected the record and find as a matter of law that there was no breach of 

contract committed by appellants The Penn Insurance and Annuity Company and 

The Penn Mutual Life Insurance Company. We therefore order the judgment of 

the court below REVERSED and RENDER judgment that appellee Chad Kuriger 

take nothing on his claims.

We further order that all costs incurred by reason of this appeal be paid by 

appellee Chad Kuriger.

We further order this decision certified below for observance.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T E RNE S T O V AL DE Z AR E L L AN O, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 08- 70625 A ge nc yN o. A 096- 061- 833 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

a n O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d M ay25, 2009 ** B e f o r e : C A N B Y , T H O M A S , an dW . F L E T C H E R , C ir c u it Ju d g e s . E rne s t o V a l de z A r e l l ano, ana t i ve a nd c i t i z e n of M e xi c o, pe t i t i ons pr o s e f or re vi ew of the B oard of Im m i grat i on A pp ea l s’ (“ B IA ”) order di sm i ss i ng hi s app ea l f r om an i m m i gr a t i on j udge ’ s de c i s i on de ny i ng hi s appl i c a t i on f orc anc e l l a t i on of r e m ova l , and de ny i ng hi s m ot i on t o r e m and. O urj ur i s di c t i on i s gove rne d by 

# FI LED JU N 02 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 70625 2 8 U .S .C . § 1 2 5 2 . W e r e v ie w d e n o v o c la im s o f du e p r o c e s s v io la tio n s in im m ig r a tio n p r o c e e d in g s , Co lm e n a rv . I NS , 210 F . 3d 967, 971 ( 9th C i r . 2000) , and we d e n yi n p arta n dd i s m i s s i n p a rtth e p e t i t i o n f o rr e v i e w. V a l de z A r e l l ano’ s due pr oc e s s r i ght s w e r e notvi ol a t e d bytr ans c r i pt i on erro rs an dth e B IA ’ s d en i al o f h i s m o t i o n t o rem an d . T h e p ro ceed i n g s w ere n o t“ so f u n d a m e n ta llyu n f

a irth a t [ V a ld e z A r e llan o ] w a s p r e v e n te df r o m r e a s o n ab ly pr e s e nt i ng hi s c a s e ” a nd he ha d note s t abl i s he d pr e j udi c e f r om the tr ans c r i pt i on e rr o r s . I d. a t971 ( c ita tio n o m itte d ) . W e l ac k j uri sdi ct i on t o revi ew the agency’ s di sc re t i on ary det erm i nat i on that V a ld e z A r e llan o f

a ile dto e s tab lis h e x c e p tio n a l an de x tr e m e lyu n u s u a l h ar d s h ip to aq u a lif y in g r e la tiv e . Se e R o m e r o - T o rr es v . A s h c r o

ft , 32 7 F . 3d 88 7, 89 0 (9th C i r. 20 03 ). P E T IT IO N F O R R E V IE W D E N IE D i n p art; D IS M IS S E D i n p art.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 26 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                      January 27, 2003.
Whereas America's Catholic schools are internationally acclaimed for their 
        academic excellence, but provide students more than a superior 
        scholastic education;
Whereas Catholic schools ensure a broad, values-added education emphasizing the 
        lifelong development of moral, intellectual, physical, and social values 
        in America's young people;
Whereas the total Catholic school student enrollment for the 2001-2002 academic 
        year was 2,616,330, and the student-teacher ratio is 17 to 1;
Whereas Catholic schools teach a diverse group of students;
Whereas more than 26 percent of school children enrolled in Catholic schools are 
        minorities, and more than 13 percent are Non-Catholics;
Whereas Catholic schools produce students strongly dedicated to their faith, 
        values, families, and communities by providing an intellectually 
        stimulating environment rich in spiritual, character, and moral 
        development; and
Whereas in the 1972 pastoral message concerning Catholic education, the National 
        Conference of Catholic Bishops stated, ``Education is one of the most 
        important ways by which the Church fulfills its commitment to the 
        dignity of the person and building of community. Community is central to 
        education ministry, both as a necessary condition and an ardently 
        desired goal. The educational efforts of the Church, therefore, must be 
        directed to forming persons-in-community; for the education of the 
        individual Christian is important not only to his solitary destiny, but 
        also the destinies of the many communities in which he lives'': Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the goals of Catholic Schools Week, an event co-
        sponsored by the National Catholic Educational Association and the 
        United States Conference of Catholic Bishops and established to 
        recognize the vital contributions of America's thousands of Catholic 
        elementary and secondary schools; and
            (2) congratulates Catholic schools, students, parents, and teachers 
        across the Nation for their ongoing contributions to education, and for 
        the key role they play in promoting and ensuring a brighter, stronger 
        future for this Nation.
            Attest:

                                                                          Clerk.
```
Certificate of Amendment to Certificate of Trust



 Exhibit 4.14 
 CERTIFICATE OF AMENDMENT 
 TO 
 CERTIFICATE OF TRUST 
 OF 
 PRUDENTIAL FINANCIAL CAPITAL TRUST II 
 This Certificate of Amendment to the Certificate of Trust of Prudential Financial Capital Trust II (the “Trust”), is being duly executed and filed by the undersigned trustee to amend the Certificate of Trust of a statutory trust
formed under the Delaware Statutory Trust Act (the “Act”). 
 1. Name. The name of the Trust is Prudential Financial Capital
Trust II. 
 2. Amendment. Article 2 of the Certificate of Trust of the Trust is hereby amended to read in its entirety as follows:

 2. Delaware Trustee. The name and business address of the trustee of the Trust with its principal place of business
in the State of Delaware are BNY Mellon Trust of Delaware, White Clay Center, Route 273, Newark, Delaware 19711. 
 3. Effective Date.
This Certificate of Amendment shall be effective upon filing. 
 IN WITNESS WHEREOF, the undersigned trustee of the Trust has executed this
Certificate of Amendment in accordance with Section 3811(a)(2) of the Act. 
  

			
	BNY MELLON TRUST OF DELAWARE,
	not in its individual capacity but solely as trustee
		
	By:	 	/s/ Kristine K. Gullo
	Name:	 	KRISTINE K. GULLO
	Title:	 	Vice President
FILED U.S. COURT OF AP P EALS E LEVEN T HC IRC UIT JUNE 11, 2008 THOMAS K. KAH

N CLERK [ DO NO T P UB L I S H] I N THE UN I TE D STATE S C OU RT OF APPE ALS F O R T H E E L E V E N T H C IR C U IT

________________________ N o. 07- 15094 N on -A rgum entC al endar

________________________ D. C . Do c k e tNo . 0 7 - 0 0 0 8 5 - C R - OR L - 2 8 - DA B U N I T E D S T A T E S O F A M E R I C A , P la in tif f

– A p p e lle e , v ersu s T O M M I E J . Q U I N N , a .k .a . T h e S tik , D e f e n d a n t– A p p e lla n t.

________________________ A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f orthe M i ddl e D i s tr i c tof F l or i da

_________________________ ( Ju n e 11, 2008) B efo re B IR C H , D U B IN A an d B A R K E T T , C i rcu i tJu d g es. P E R C U R I A M:2

T om m i e J . Q ui nn appe a l s hi s 210- m onth s e nt e nc e f orr e c e i vi ng a nd di stri bu t i ng chi l d p orno graphy m at er i al s, i n v i ol at i on of 18 U . S . C . § 2 25 2(a) (2), ( b) ( 1) . O n appe a l , Q ui nn a r gue s tha thi s s e nt e nc e w a s unr e a s onabl e be c aus e the di s tr i c tc ourtf

a i l e d t o a de qua t e l y c ons i de rthe 18 U . S . C . § 3553( a ) f a c t or s . Q ui nn c ont e nds tha tthe c ourtf oc us e d pr i m a r i l yon one § 3553( a ) f a c t or , the na tur e a nd ci rc um st ance s of hi s off ense , w i tho utal so consi deri ng thathe had n otcom m i tt ed any c ri m es i n the ye arpri or t o h i s s el f- surr ender, thatthe do ct or w ho exam i ned h im o p in e d th a t h e w a s n o t ap e d o p h ile , a n d th a t h e h a d ah is to ryo f d e p r e s s io n . A f te rc a r e f u l r e v ie w , w e f

in d th a t Q u in n ’s s e n te n c e w a s b o th p r o c e d u r a lly a nd s ubs t a nt i ve l y r e a s onabl e . G a l l v. U ni t e d S t a t e s , __ U . S . __, 128 S . C t . 586, 597–98, 169 L . E d. 2d 445 ( 2007) ; U ni t e d S t a t e s v. A gba i , 497 F . 3d 1226, 1229 ( 11th C i r . 2007) . T he c ourtc orr e c t l yc a l c ul a t e d the G ui de l i ne s ’ r a nge a nd e x p r e s s lys ta te d th a t it h a d c o n s id e r e d th e § 3 5 5 3 ( a ) f a c to r s . F u rth e rm o r e , in i m pos i ng the 120- m onth s e nt e nc e — a tthe l ow e nd of the G ui de l i ne s ’ r a nge — the courtprov i ded a rea soned b as i s f or i m po si ng Q ui nn ’ s s ent ence . T hu s, w e a ff i rm Q u in n ’s s e n te n c e . A F F I R M E D .
<TABLE> <S> <C>
  
<ARTICLE>                     5                                            
                                                    
<S>                                 <C>
<PERIOD-TYPE>                     9-MOS
<FISCAL-YEAR-END>                 DEC-31-1998
<PERIOD-START>                    JAN-01-1998         
<PERIOD-END>                      SEP-30-1998
<CASH>                                     13,099,895
<SECURITIES>                                        0
<RECEIVABLES>                                 563,063
<ALLOWANCES>                                        0
<INVENTORY>                                   567,493
<CURRENT-ASSETS>                           15,107,243
<PP&E>                                     14,845,181
<DEPRECIATION>                            (5,326,030)
<TOTAL-ASSETS>                             30,818,368
<CURRENT-LIABILITIES>                       3,920,833
<BONDS>                                    24,791,228
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                       330
<COMMON>                                      447,917
<OTHER-SE>                                (1,138,964)
<TOTAL-LIABILITY-AND-EQUITY>               30,818,368
<SALES>                                     5,705,371
<TOTAL-REVENUES>                            5,756,243
<CGS>                                       5,787,118
<TOTAL-COSTS>                               5,787,118
<OTHER-EXPENSES>                            1,230,392
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                          2,189,941
<INCOME-PRETAX>                           (3,451,208)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                       (3,451,208)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                              (3,451,208)
<EPS-PRIMARY>                                  (0.03)
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