alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6513
BEN FRANKLIN STATON, Plaintiff - Appellant, versus JANET RENO; UNITED STATES DEPARTMENT OF JUSTICE; U.S. BUREAU OF INVESTIGATION, Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virgi nia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-96-296-AM) Submitted: June 20, 1996 Decided: July 9, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges. Affirmed by unpublished per curiam opinion. Ben Franklin Staton, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying relief on his complaint filed under 42 U.S.C. § 1983 (1988), but construed by the district court as a habeas corpus petition under28 U.S.C. § 2254 (1988). We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Staton v. Reno , No. CA-96-296-AM (E.D. Va. Mar. 7, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Order entered August 17 , 2015

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 14

- 01079

- CR

HENRY ANDRE WINZER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 422nd Judicial District Court

Kaufman County, Texas

Trial C ourt Cause No. 14

- 00334

- 422

- F



### O RDER

We DENY appellant’s May 19, 2015 motion to supplement appellate record.

/s/ ELIZABETH LANG

- MIERS

JUSTICE
Exhibit 23.1





CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS





We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 33-59064) of Aerosonic Corporation of our report dated October 27, 2003, except for the information in Note 7 as to which the date is October 30, 2003, relating to the financial statements and financial statement schedule, which appears in this Form 10-K.





/s/ PricewaterhouseCoopers LLP



Tampa, Florida

April 5, 2004



---

Exhibit 23.2



CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS



We hereby consent to the incorporation by reference in the Registration Statement on Forms S-8 (No. 33-59064) of Aerosonic Corporation of our report dated March 24, 2004, relating to the financial statements and financial statement schedule, which appears in this Form 10-K.





/s/ Tedder, James, Worden & Associates, P.A.



Orlando, Florida

April 5, 2004
|    |                                                                                                                 |
|----|-----------------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 on Form 10-K/A to the Annual Report on Form 10-K of Xerox Corporation; and |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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. |

|                                                                                                                                 |
|---------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                 |  |
| /S/  JEFFREY JACOBSON                                                                                            |   |
|           Jeffrey Jacobson    Principal Executive Officer |   |
**Form        of**

**PLAN        OF        DISTRIBUTION**

**of**

**[Name        of        Fund]**

**relating        to        its**

**CLASS        529-A        SHARES**

**Payments        to Distributor**
**.**

**Approval        by the [Board of Directors][Trustees]**
**.**

**Review        of Expenditures**
**.**

**Termination        of Plan**
**.**

**Requirements        of Agreement**
**.        **

|   | a. | that                  such                  Agreement may be terminated as to the Fund at any time, without                  payment of                  any penalty by the vote of a majority of the Independent                  [Directors][Trustees] or by a vote of a majority of the outstanding                  Class                  529-A shares of the Fund, on not more than sixty (60) days’ written notice                  to any other party to the Agreement;                  and |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | b. | that                  such                  Agreement shall terminate automatically in the event of its                  assignment. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------|

**Amendment**
**.        **

**Nomination        of [Directors][Trustees] **
**.        **

**Issuance        of Series of Shares**
**.        **

**Record        Retention**
**.        **
<PAGE>
 
                                                                      EXHIBIT 23

                        CONSENT OF INDEPENDENT AUDITORS

     We consent to the incorporation by reference in Post-Effective Amendment
Number 2 to Registration Statement Number 2-74481 on Form S-8 dated January 28,
1983, as amended and supplemented to date, Post-Effective Amendment Number 3 to
Registration Statement Number 2-74481 on Form S-8 dated October 10, 1983, Post-
Effective Amendment Number 1 to Registration Statement Number 2-97149 on Form S-
8 dated September 30, 1985, Post-Effective Amendment Number 3 to Registration
Statement Number 2-76480 on Form S-8 dated April 22, 1985, Post-Effective
Amendment Number 2 to Registration Statement Number 2-70806 on Form S-8 dated
May 20, 1981, Post-Effective Amendment Numbers 2, 1-A and 1-B to Registration
Statement Number 33-04320 on Form S-4 dated March 26, 1986, as supplemented and
amended to date, Post-Effective Amendment Numbers 2-A and 2-B to Registration
Statement Number 33-04320 on Form S-8 to Form S-4 dated June 1, 1987,
Registration Statement Numbers 33-35762 and 33-35763 on Form S-8 dated July 6,
1990, Registration Statement Number 33-52295 on Form S-8 dated February 16,
1994, Registration Statement Number 33-58323 on Form S-8 dated March 31, 1995,
Registration Statement Number 333-03753 on Form S-3 dated May 15, 1996, as
amended to date, and Registration Statement Number 333-55859 on Form S-3 dated
June 3, 1998, as amended to date, of our report dated December 11, 1998 included
in the Annual Report on Form 10-K of Whittaker Corporation for the year ended
October 31, 1998.  We also consent to the reference to our firm under the
caption "Experts" in the aforementioned Registration Statements insofar as that
reference relates to our report for the year ended October 31, 1998.


                                            ERNST & YOUNG LLP

Los Angeles, California
January 27, 1999
Unassociated Document


    Exhibit
10.17

    


    THIRD
AMENDMENT TO THE

    AKEENA
SOLAR, INC.

    2006
INCENTIVE STOCK PLAN

     

    THIS THIRD AMENDMENT to the 2006
Incentive Stock Plan (the “Plan”) of Akeena Solar, Inc. (the “Company”) is made
as of this 24 day of August, 2008 subject to shareholder approval.

     

    INTRODUCTION

     

    The Board of Directors administers the
Plan, which was adopted on August 8, 2006. The Board of Directors now desires to
amend the Plan to increase the number of shares of common stock, par value
$0.001 per share, of the Company subject to the Plan to 5,000,000 shares from
4,000,000 shares.

     

    AMENDMENT

     

    NOW, THEREFORE, the Board of Directors
hereby amends the Plan, effective September 23, 2008 subject to shareholder
approval, by deleting the text of Section 4 in its entirety and replacing it
with the following:

     

    “Subject
to adjustment as provided in Section 8 hereof, a total of 5,000,000 shares of
the Company’s common stock, par value $0.001 per share (the “Stock”), shall be
subject to the Plan.  The number of shares of Stock that may be
subject to Options granted under the Plan to any individual in any calendar year
shall conform to any requirements applicable to performance-based compensation
under Section 162(m) of the Code, if qualification as performance-based
compensation under Section 162(m) of the Code is intended.  The shares
of Stock subject to the Plan shall consist of unissued shares, treasury shares
or previously issued shares held by any Subsidiary of the Company, and such
amount of shares of Stock shall be and is hereby reserved for such
purpose.  Any of such shares of Stock that may remain unissued and
that are not subject to outstanding Options at the termination of the Plan shall
cease to be reserved for the purposes of the Plan, but until termination of the
Plan the Company shall at all times reserve a sufficient number of shares of
Stock to meet the requirements of the Plan.  Should any Option or
share of Restricted Stock expire or be canceled prior to its exercise or vesting
in full or should the number of shares of Stock to be delivered upon the
exercise or vesting in full of an Option or share of Restricted Stock be reduced
for any reason, the shares of Stock theretofore subject to such Option or share
of Restricted Stock may be subject to future Options or shares of Restricted
Stock under the Plan, except where such reissuance is inconsistent with the
provisions of Section 162(m) of the Code where qualification as
performance-based compensation under Section 162(m) of the Code is
intended.”
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. NO. A-1-CA-36597

5 ELMO SILVA,

6 Defendant-Appellant. 

7 APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY

8 Daniel A. Bryant, District Judge

9 Hector H. Balderas, Attorney General

10 Santa Fe, NM

11 for Appellee

12 J. Robert Beauvais, P.A.

13 John Robert Beauvais

14 Ruidoso, NM

15 for Appellant

16 MEMORANDUM OPINION

17 VIGIL, Judge.
2

1 {1} Summary affirmance was proposed for the reasons stated in the notice of

2 proposed summary disposition. No memorandum opposing summary affirmance has

3 been filed and the time for doing so has expired

4 {2} AFFIRMED.

5 {3} IT IS SO ORDERED.

6 _______________________________

7 MICHAEL E. VIGIL, Judge

8 WE CONCUR:

9 _________________________________

10 M. MONICA ZAMORA, Judge

11 _________________________________

12 J. MILES HANISEE, Judge
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _

Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A1 5 A2 1 8 6

. KENNETH CLARK v

. THE CORPORATI ON OF W I LCOX
COUNTY et a l

.

Ken n et h Cl ark ap peal ed d i rect l y t o th i s Co u rt fro m an o rd er o f t h e s u p eri o r

co u rt d en y i n g th e fi l i n g o f h i s c i v i l co m p lai n t

. Becau s e Cl ark i s i n carcerat ed

, h i s

ap p eal i s co n t ro l l ed b y t he Pri s o n Li ti g at i o n Refo rm Act o f 1 9 9 6

, OCGA § 4 2 -1 2 -1

et s eq

. Un d er OCGA § 42 -1 2 -8

, an ap p eal o f a ci v i l act i o n fi l ed b y a p ri s o n er “ s h al l

b e a s p ro v i d ed i n Co de Sect i o n 5-6 -3 5 .” An d un d er O CGA § 5 -6 -3 5

, t h e p a r t y

wi s h in g t o ap p eal m

u s t fi l e an ap p l i cat i o n fo r d i s cret io n ary ap p eal t o t he ap p ro p ri at e

ap p el l at e co u rt

. Becau s e a p ri s o n e r h a s n o ri g h t o f d i rect ap p eal i n ci v i l cas es , we

l a c k ju ri s d i ct i o n t o co n s i d er t h is d i rect ap p eal fro m t h e s u p eri o r co u rt ’ s o rd e r

. S e e

Jo n es v. To wn s en d

, 2 6 7 G a. 4 8 9, 4 9 0 (4 8 0 SE2 d 2 4 ) (1 9 9 7 ). Th i s ap p eal i s t h erefo re

DISM ISSED.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e
, A t la n t a
,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e is a tr u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 08/06/2015 August 06, 2015
#### The People of the State of New York, Respondent, v Ivory L. Payne, Appellant.

[853 NYS2d 791]

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, assault in the first degree (Penal Law § 120.10 [1]). We agree with defendant that Supreme Court erred in denying his challenge for cause with respect to a prospective juror and that reversal is required based on that error. We note at the outset that defendant thereafter exhausted his peremptory challenges, and thus his contention is properly before us *(see*CPL 270.20 [2]; *People v Nicholas,*98 NY2d 749, 752 [2002]).

After initially providing appropriate responses to questions posed by the court and the prosecutor, the prospective juror in question made equivocal statements in response to questioning by defense counsel. Specifically, the prospective juror stated that there was a possibility that her experiences and sensitivity to violence would affect her response to testimony, and that she questioned whether she would be a good juror for the case. There was no further questioning of that prospective juror after she made those equivocal statements.

It is well settled that a prospective juror “who has revealed doubt, because of prior knowledge or opinion, about her ability to serve impartially must be excused unless the [prospective] juror states unequivocally on the record that she can be fair” *(People v Arnold,*96 NY2d 358, 362 [2001]; *see People v Bludson,*
      *115597 NY2d 644, 646 [2001]). “Indeed, nothing less than a personal, unequivocal assurance of impartiality can cure a [prospective] juror’s prior indication that she is predisposed against a particular defendant or particular type of case” (Arnold, 96 NY2d at 364). Here, the responses of the prospective juror to questioning by defense counsel called her impartiality into question, and she did not “thereafter g[i]ve the requisite unequivocal assurances that her prior state of mind would not influence her verdict and that she could be fair and impartial” *(People v Linnan,*23 AD3d 1013, 1014 [2005]; *see generally People v Nicholas,*98 NY2d 749, 751-752 [2002]).

Contrary to defendant’s further contentions, the evidence is legally sufficient to support the conviction, and the verdict is not against the weight of the evidence *(see generally People v Bleakley,*69 NY2d 490, 495 [1987]). In view of our determination, we do not address defendant’s remaining contentions. Present—Hurlbutt, J.P., Martoche, Smith, Lunn and Peradotto, JJ.
PURE BIOFUELS
      CORP.	 
	 	 	 	 
	
                   

                	
                  By:
      

                	/s/ Luis
      Goyzueta	 
	 	 	Name: 
      Luis Goyzueta	 
	 	 	Title:    Chief
      Executive Officer	 
	 	 	
                   

                	 


        

      

       

       

                                                                                                                                           
4
Exhibit 32.2

OLD DOMINION ELECTRIC COOPERATIVE

CERTIFICATION OF PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Old Dominion Electric
Cooperative (the Company) on Form 10-Q for the period ending March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert L. Kees, Senior Vice President and Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 14, 2007



/S/ ROBERT L.
KEESRobert L. KeesSenior Vice President and Chief Financial Officer(Principal Financial and Accounting Officer)




26
<TABLE> <S> <C>

<ARTICLE>                    5
<LEGEND>                     THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
                             EXTRACTED FROM COLORADO INTERSTATE GAS COMPANY FORM
                             10-K ANNUAL REPORT FOR THE PERIOD ENDED DECEMBER
                             31, 1995 AND IS QUALIFIED IN ITS ENTIRETY BY
                             REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                 1,000
       
                             <S>            <C>
<PERIOD-TYPE>                               YEAR
<FISCAL-YEAR-END>                           DEC-31-1995
<PERIOD-END>                                DEC-31-1995
<CASH>                                                  883
<SECURITIES>                                              0
<RECEIVABLES>                                       266,302
<ALLOWANCES>                                              0
<INVENTORY>                                           9,494
<CURRENT-ASSETS>                                    302,318
<PP&E>                                            1,199,564
<DEPRECIATION>                                      658,327
<TOTAL-ASSETS>                                      861,448
<CURRENT-LIABILITIES>                               128,545
<BONDS>                                             179,299
<PREFERRED-MANDATORY>                                   556
<PREFERRED>                                               0
<COMMON>                                             27,561
<OTHER-SE>                                          432,247
<TOTAL-LIABILITY-AND-EQUITY>                        861,448
<SALES>                                             381,623
<TOTAL-REVENUES>                                    395,954
<CGS>                                                44,131
<TOTAL-COSTS>                                       246,423
<OTHER-EXPENSES>                                          0
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                   18,092
<INCOME-PRETAX>                                     131,439
<INCOME-TAX>                                         43,723
<INCOME-CONTINUING>                                  87,716
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                         87,716
<EPS-PRIMARY>                                             0
<EPS-DILUTED>                                             0
        

</TABLE>
Exhibit 10.15

AMENDMENT NO. 5
TO
REINSURANCE AND POOLING AGREEMENT

WHEREAS,Zenith Insurance Company("Zenith"), ZNAT Insurance
Company("ZNAT"), andZenith Star Insurance
Company("Zenith Star"), have previously entered into aReinsurance and Pooling
Agreementeffective October 1, 1993; as amended, and

WHEREAS,Zenith Star Insurance Companyis not licensed to transact business in the State of California (the domicile of ZenithandZNAT)
;

NOW
THEREFORE IN CONSIDERATION of the premises,Zenith, ZNAT, andZenith Staragree as
follows:





Any costs associated with the aforementioned provision of security shall be shared by the parties hereto according to their respective percentages, as shown in
Article V hereof."

---



IN
WITNESS WHEREOF, each of the undersigned parties has caused thisAmendment No. 5to theReinsurance and
Pooling Agreementto be executed on its behalf, on this 8th day of July, 2003.

|                          |  |                               |  |                         
|------------------------- |  | ----------------------------- |  | ------------------------
|                          |  | ZENITH INSURANCE COMPANY     
|/s/JOHN J. TICKNER        |  | By:                           |  | /s/STANLEY R. ZAX       
|JOHN J. TICKNER
Secretary |  |                               |  | STANLEY R. ZAX
President
|                          |  | ZNAT INSURANCE COMPANY       
|/s/JOHN J. TICKNER        |  | By:                           |  | /s/STANLEY R. ZAX       
|JOHN J. TICKNER
Secretary |  |                               |  | STANLEY R. ZAX
President
|                          |  | ZENITH STAR INSURANCE COMPANY
|/s/JOHN J. TICKNER        |  | By:                           |  | /s/STANLEY R. ZAX       
|JOHN J. TICKNER
Secretary |  |                               |  | STANLEY R. ZAX
President

2

---
#### In the Matter of Joseph M. Hobaica, an Attorney, Respondent. Grievance Committee of the Seventh Judicial District, Petitioner.

[853 NYS2d 519]

Present— Hurlbutt, J.P., Smith, Centra, Peradotto and Gorski, JJ. (Filed Feb. 27, 2008.)