alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CIRCUIT COURT OF THE CITY OF ROANOKE

#### Commonwealth of Virginia v. Carlotta J. Hayslett

April 30, 2003

Case No. CR03-137

By Judge Charles N. Dorsey

I certainly appreciate the professional manner with which counsel handled the defendant’s “Motion to Compel Disclosure.” The certifícate of handwriting analysis has been filed. The issue before the Court is whether the Commonwealth’s handwriting expert must produce his writings and notes. The Commonwealth objects to disclosure on the basis that there has been no showing of “materiality” pursuant to Rule of Court 3A:11(b)(2) or Virginia Code § 19.2-187.2.1

To be material, evidence must tend “to establish a probability or improbability ... of a fact in issue.” *Gibbs v.*Commonwealth, 16 Va. App. 697, 432 S.E.2d 514 (1993) (citation omitted). The defendant stands indicted on a charge of embezzlement. The certificate of analysis opines that the defendant signed as maker and endorser on forty-six business checks. The certificate of analysis also, however, opines that the defendant “can neither be identified nor eliminated as the writer of any other questioned signatures or entries on the fronts or backs of the checks.”

*32“Materiality may be determined by the effect of a document on the preparation and presentation of an accused’s case.” *Gibbs*v. *Commonwealth,*16 Va. App. 697, 432 S.E.2d 514 (citation omitted). To paraphrase, I cannot perceive a more material issue under the indictment pursuant to which defendant is being tried than whether the writings in question were in fact written entirely in her own hand. *Ellis v. Commonwealth,*14 Va. App. 18, 414 S.E.2d 615 (1992). Without the requested information counsel for the defendant could not effectively exercise his right to cross-examine the handwriting analyst as contemplated by Virginia Code § 19.2-187.1.

> § 19.2-187.1. *Right to examine person performing analysis or involved in chain of custody.*The accused in any hearing or trial in which a certificate of analysis is admitted into evidence pursuant to § 19.2-187 or § 19.2-187.01 shall have the right to call the person performing such analysis or examination or involved in the chain of custody as a witness therein, and examine him in the same manner as if he had been called as an adverse witness. Such witness shall be summoned and appear at the cost of the Commonwealth.

I consequently order that the writings and notes made by the handwriting analyst be made available to counsel for the defendant. If they are not in the actual or constructive possession or control of the Commonwealth, leave is granted to counsel for the defendant to propound a subpoena duces tecum to obtain the same information or to use any other lawful process toward that end.

1

 The standard of materiality in both is the same. Of course, if there were any variation, Article VI, Section 5, of the Constitution of Virginia and Virginia Code § 8.01-3, mandate that the legislative statute of the General Assembly take precedence over the Rule of Court.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AND CONDENSED CONSOLIDATED STATEMENTS OF
OPERATIONS OF LTI HOLDINGS, INC. AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2001
<PERIOD-START>                             APR-01-2000
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                       1,673,335
<SECURITIES>                                         0
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<CURRENT-ASSETS>                             1,683,761
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<TOTAL-ASSETS>                               1,683,761
<CURRENT-LIABILITIES>                          163,194
<BONDS>                                              0
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<COMMON>                                        27,751
<OTHER-SE>                                   1,492,816
<TOTAL-LIABILITY-AND-EQUITY>                 1,683,761
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               102,590
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (76,317)
<INCOME-TAX>                                         0
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<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (76,317)
<EPS-BASIC>                                       (.03)
<EPS-DILUTED>                                     (.03)


</TABLE>
[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Notices]
[Pages 42551-42552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19062]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD


Notice of Request for Comment on the Exposure Draft of a Proposed 
Technical Bulletin, Intragovernmental Exchange Transactions

AGENCY: Federal Accounting Standards Advisory Board.

ACTION: Notice.

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

    Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory 
Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules Of 
Procedure, as amended in October 2010, notice is hereby given that the 
Federal Accounting Standards Advisory Board (FASAB) has issued an 
exposure draft of a proposed Technical Bulletin entitled 
Intragovernmental Exchange Transactions.
    The exposure draft is available on the FASAB Web site at http://www.fasab.gov/documents-for-comment/. Copies can be obtained by 
contacting FASAB at (202) 512-7350.
    Respondents are encouraged to comment on any part of the exposure 
draft. Written comments are requested by October 5, 2017, and should be 
sent to <a href="/cdn-cgi/l/email-protection#6204031103002204031103004c050d14"><span class="__cf_email__" data-cfemail="c0a6a1b3a1a280a6a1b3a1a2eea7afb6">[email protected]</span></a> or Wendy M. Payne,

[[Page 42552]]

Executive Director, Federal Accounting Standards Advisory Board, 441 G 
Street NW., Suite 6814, Mailstop 6H19, Washington, DC 20548.

FOR FURTHER INFORMATION CONTACT: Ms. Wendy M. Payne, Executive 
Director, 441 G Street NW., Mailstop 6H19, Washington, DC 20548, or 
call (202) 512-7350.

    Authority: Federal Advisory Committee Act, Pub. L. 92-463.

    Dated: September 5, 2017.
Wendy M. Payne,
Executive Director.
[FR Doc. 2017-19062 Filed 9-7-17; 8:45 am]
 BILLING CODE 1610-02-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Page 43034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19382]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4327-DR; Docket ID FEMA-2017-0001]


Wyoming; Amendment No. 1 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Wyoming (FEMA-4327-DR), dated August 5, 2017, and 
related determinations.

DATES: This amendment was issued September 1, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Wyoming is hereby amended to include the following 
area among those areas determined to have been adversely affected by 
the event declared a major disaster by the President in his declaration 
of August 5, 2017.
    Washakie County for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050 Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-19382 Filed 9-12-17; 8:45 am]
 BILLING CODE 9111-23-P
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

September 21, 2005

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 04-11681

Non-Argument Calendar

________________________

D. C. Docket No. 03-23195-CV-UUB

RUEL D. LATOJA,

Plaintiff-Appellant,

versus

CARNIVAL CORPORATION,

d.b.a. Carnival Cruise Lines Incorporated,

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(September 21, 2005)

Before ANDERSON, BLACK and CARNES, Circuit Judges.

PER CURIAM:
2

As the appellant, Ruel D. Latoja, candidly concedes, his position in this

appeal is squarely foreclosed by our decision earlier this year in Bautista v. Star

Cruises, 396 F.3d 1289 (11th Cir. 2005). There is no material distinction

between the two cases. Latoja seeks only to preserve his ability to seek certiorari

review in the United States Supreme Court, and he has done that.

AFFIRMED.
<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>                                                  503,126                 
<SECURITIES>                                                  0         
<RECEIVABLES>                                         2,720,288                 
<ALLOWANCES>                                            406,999                 
<INVENTORY>                                                   0              
<CURRENT-ASSETS>                                      3,587,099                 
<PP&E>                                                2,899,314                 
<DEPRECIATION>                                        1,035,636                 
<TOTAL-ASSETS>                                       38,994,696                 
<CURRENT-LIABILITIES>                                 6,174,243                 
<BONDS>                                              14,773,510                 
<PREFERRED-MANDATORY>                                         0              
<PREFERRED>                                               3,741                 
<COMMON>                                                 12,203                 
<OTHER-SE>                                           17,041,202                 
<TOTAL-LIABILITY-AND-EQUITY>                         38,994,696                 
<SALES>                                               4,149,185                 
<TOTAL-REVENUES>                                     10,622,025                 
<CGS>                                                 2,905,824                 
<TOTAL-COSTS>                                         4,335,989                 
<OTHER-EXPENSES>                                      3,248,108                 
<LOSS-PROVISION>                                        379,834                 
<INTEREST-EXPENSE>                                    1,023,494                 
<INCOME-PRETAX>                                      (1,641,024)                
<INCOME-TAX>                                                  0              
<INCOME-CONTINUING>                                  (1,641,024)                
<DISCONTINUED>                                                0              
<EXTRAORDINARY>                                               0              
<CHANGES>                                                     0              
<NET-INCOME>                                         (1,641,024)                
<EPS-PRIMARY>                                             (0.19)                
<EPS-DILUTED>                                                 0              
        

</TABLE>
```

[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Page 42410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18954]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 10114]

Notice of Determinations; Culturally Significant Object Imported 
for Exhibition Determinations: Exhibition of ``Inlaid Brass Candlestick 
From Iran'' Object

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that a certain object entitled ``Inlaid Brass 
Candlestick from Iran,'' imported from abroad for temporary exhibition 
within the United States, is of cultural significance. The object is 
imported pursuant to a loan agreement with the foreign owner or 
custodian. I also determine that the exhibition or display of the 
exhibit object at The Metropolitan Museum of Art, New York, New York, 
from on or about October 1, 2017, until on or about September 30, 2022, 
and at possible additional exhibitions or venues yet to be determined, 
is in the national interest.

FOR FURTHER INFORMATION CONTACT: For further information, including 
information identifying the object, contact Elliot Chiu in the Office 
of the Legal Adviser, U.S. Department of State (telephone: 202-632-
6471; email: [email protected]). The mailing address is U.S. 
Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the 
Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, 
et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 
of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 
2000 (and, as appropriate, Delegation of Authority No. 257-1 of 
December 11, 2015). I have ordered that Public Notice of these 
determinations be published in the Federal Register.

 Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2017-18954 Filed 9-6-17; 8:45 am]
 BILLING CODE 4710-05-P
```
#### Maria Carmela Ventura GUZMAN; Francisco Javier Pinto Gonzalez, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent.

No. 06-71988.

United States Court of Appeals, Ninth Circuit.

*955Submitted Dec. 20, 2007.*

Filed Dec. 28, 2007.

Noam Mendelson, Daly City, CA, for Petitioners.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Richard M. Evans, Esq., Marion E. Guy-ton, Esq., Kurt B. Larson, Esq., Stacy S. Paddack, U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before GOODWIN, WALLACE, and HAWKINS, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Maria Carmela Ventura Guzman and Francisco Javier Pinto Gonzalez petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion, *see Konstantinova v. INS,*195 F.3d 528, 529 (9th Cir.1999), and we deny the petition for review.

The BIA considered the new evidence regarding petitioners’ daughter Teresa and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. *See Singh v. INS,*295 F.3d 1037, 1039 (9th Cir.2002) (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law.”). Petitioners’ contention that the BIA decision was improperly conclusory is not supported by the record.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
AMENDMENT TO 10% CONVERTIBLE PROMISSORY NOTE


PRINCIPAL AMOUNT $70,000


DATED JANUARY 29, 2010







WHEREAS, on January 29, 2010 Eastern Resources, Inc., a Delaware corporation (the “Obligor”), issued a 10% Convertible Promissory Note (the “Note”) due July 28, 2011 (the “Original Maturity Date”) in the principal amount of $70,000 in favor of Paramount Strategy Corp. (the “Payee”); and







WHEREAS, the Obligor and the Payee wish to amend the terms of the Note, to extend the Original Maturity Date by eighteen months and to provide for the continued accrual of interest on the outstanding principal amount of the Note during such extension on the same terms as provided in the Note (i.e. 10% per annum).







NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Obligor and the Payee hereby agree that: (i) the unpaid principal balance of the Note shall be due and payable on January 28, 2013 (the “New Maturity Date”), and (ii) interest shall continue to accrue on the unpaid principal balance of the Note at an annual rate of 10%, from the date of this Amendment until the New Maturity Date, and shall be paid in full, together with all previously accrued interest, on the New Maturity Date.  All other terms and conditions of the Note remain unchanged.







IN WITNESS WHEREOF, this Amendment has been duly executed by the Obligor and acknowledged by the Payee as of the 28th day of July, 2011.








	  	
EASTERN RESOURCES, INC.


	  	  	  
	  	
By:

	
  


	  	
Name:

	
Thomas H. Hanna, Jr.


	  	
Title:

	
Chairman and Chief Executive Officer


	  	  	  
	  	
PARAMOUNT STRATEGY CORP.


	  	  	  
	  	
By:

	
  


	  	
Name:

	
Andrew Meade


	  	
Title:

	
Director
EX-35.10
(logo) WELLS FARGO

Corporate Trust Services

MAC R1204-010
9062 Old Annapolis Road
Columbia, MD 21045

Tel: 410 884 2000
Fax: 410 715 2380


Morgan Stanley Capital I Inc.
1585 Broadway
New York, New York 10036


RE: Annual Statement of Compliance for Morgan Stanley Bank of America Merrill
    Lynch Trust 2013-C11, Commercial Mortgage Pass-Through Certificates Series
    2013-C11


Per the Pooling and Servicing Agreement dated as of August 1, 2013 (the
"Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank,
N.A., as Certificate Administrator ("Wells Fargo"), hereby certifies as
follows as of and for the year ending December 31, 2013 (the "Reporting
Period"):


(a) A review of Wells Fargo's activities during the Reporting Period and of its
    performance under the Agreement has been made under such officer's
    supervision; and

(b) To the best of such officer's knowledge, based on such review, Wells Fargo
    has fulfilled all of its obligations under the Agreement in all material
    respects throughout the Reporting Period.

March 10, 2014


/s/ BRIAN SMITH
BRIAN SMITH
Vice President

Wells Fargo Bank, N.A.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2360 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2360

     To amend the Outer Continental Shelf Lands Act to extend the 
     Constitution, laws, and jurisdiction of the United States to 
     installations and devices attached to the seabed of the Outer 
   Continental Shelf for the production and support of production of 
  energy from sources other than oil and gas, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2011

  Mr. Landry introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
     To amend the Outer Continental Shelf Lands Act to extend the 
     Constitution, laws, and jurisdiction of the United States to 
     installations and devices attached to the seabed of the Outer 
   Continental Shelf for the production and support of production of 
  energy from sources other than oil and gas, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Providing for Our Workforce and 
Energy Resources Act'' or the ``POWER Act''.

SEC. 2. EXTENSION OF CONSTITUTION, LAWS, AND JURISDICTION OF THE UNITED 
              STATES TO ENERGY FACILITIES AND DEVICES ON THE OUTER 
              CONTINENTAL SHELF.

    Section 4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1333(a)(1)) is amended by--
            (1) inserting ``or producing or supporting production of 
        energy from sources other than oil and gas'' after 
        ``therefrom'';
            (2) inserting ``or transmitting such energy'' after 
        ``transporting such resources''; and
            (3) inserting ``and other energy'' after ``That mineral''.
                                 <all>
```