alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                      EXHIBIT 23


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS







      As independent public accountants, we hereby consent to the incorporation
by reference in Form S-8 Registration Statements (Nos. 33-66672 and 33-66674)
pertaining to the 1988 Stock Option Plan and the 1991 Stock Option Plan of JMAR
Industries, Inc., Form S-3 Registration Statements (Nos. 33-47390 and 33-96848)
and Form S-8 Registration Statements (Nos. 333-10923 and 333-10925) of our
report dated March 27, 1998 with respect to the consolidated financial
statements and the financial statement schedule included in this Annual Report
(Form 10-K) of JMAR Industries, Inc.




                                                  /s/ Arthur Andersen LLP
                                                  ---------------------------
                                                  ARTHUR ANDERSEN LLP



San Diego, California
March 27, 1998
Order entered December 31, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-01169-CR

JACQUEZ JESSIOUN SEARS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court

Collin County, Texas

Trial Court Cause No. 401-83406-2017

ORDER

Before the Court is appellant’s December 27, 2019 second motion for extension of time 

to file his brief. We GRANT the motion and ORDER appellant’s brief due on or January 27, 

2020.

/s/ BILL PEDERSEN, III 

JUSTICE
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Page 44692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20311]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #15312 and #15313; U.S. VIRGIN ISLANDS Disaster 
Number VI-00010]


Presidential Declaration of a Major Disaster for Public 
Assistance Only for the U.S. Virgin Islands

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the U.S. Virgin Islands (FEMA-
4335-DR), dated 09/15/2017.
    Incident: Hurricane Irma.
    Incident Period: 09/05/2017 and continuing.

DATES: Issued on 09/15/2017.
    Physical Loan Application Deadline Date: 11/14/2017.
    Economic Injury (EIDL) Loan Application Deadline Date: 06/15/2018.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT:  A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW., 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 09/15/2017, Private Non-
Profit organizations that provide essential services of a governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Saint Croix, Saint John, Saint Thomas

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations with Credit Available Elsewhere...      2.500
  Non-Profit Organizations without Credit Available Elsewhere      2.500
For Economic Injury:
  Non-Profit Organizations without Credit Available Elsewhere      2.500
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 153128 
and for economic injury is 153130.

(Catalog of Federal Domestic Assistance Number 59008)

James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2017-20311 Filed 9-22-17; 8:45 am]
BILLING CODE 8025-01-P
DEMETRIUS ANTONIO 

BREWER,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-1173

_____________________________/

Opinion filed April 6, 2017.

An appeal from the Circuit Court for Alachua County.

David P. Kreider, Judge.

Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, 

Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Julian E. Markham, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

OSTERHAUS, JAY, and WINSOR, JJ., CONCUR.
IN THE SUPREME COURT OF TEXAS

- - - - - - - -

NO. 15-0551

NEXION HEALTH AT GARLAND,

INC. D/B/A PLEASANT VALLEY

HEALTHCARE AND

REHABILITATION CENTER

v.

CHRISTINE TOWNSEND,

INDIVIDUALLY AND AS THE

PERSONAL REPRESENTATIVE

ON BEHALF OF THE ESTATE OF

ROSALINDA SAGER §

§

§

§

§

§ Dallas County,

5th District.

October 9, 2015

Petitioner 's petition for review, filed herein in the above numbered and styled case,

having been duly considered, is ordered, and hereby is, denied.

         

I, BLAKE A. HAWTHORNE

, Clerk of the Supreme Court of Texas, do hereby certify

that the above and attached is a true and correct copy of the orders of the Supreme Court of

Texas in the case numbered and styled as above, as the same appear of record in the minutes of

said Court under the date shown.

It is further ordered that petitioner, NEXION HEALTH AT GARLAND, INC. D/B/A

PLEASANT VALLEY HEALTHCARE AND REHABILITATION CENTER, pay all costs

incurred on this petition.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this

the 19th day of November, 2015

.

Blake A. Hawthorne, Clerk

By Monica Zamarripa, Deputy Clerk
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<PERIOD-TYPE>                                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
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<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
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<TOTAL-ASSETS>                              42,988,261              23,171,376
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<TOTAL-COSTS>                               18,415,194               5,553,892
<OTHER-EXPENSES>                             3,460,286               2,087,599
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             390,237                  63,535
<INCOME-PRETAX>                                238,540                  52,904
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                            238,540                  52,904
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   238,540                  52,904
<EPS-PRIMARY>                                     .001                   (.012)
<EPS-DILUTED>                                     .001                   (.012)
        

</TABLE>
, J.

IN THE SUPREME COURT OF THE STATE OF NEVADA
PETER JASON HELFRICH, Petitioner, vs. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE, Respondent. PETER JASON HELFRICH, Petitioner, vs. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE, Respondent. No 67005 

# FILED
MAR 1 7 2016

TRACIE K. UNDEMAN CLERWFAUPREME COURT BY • Y

DEPUTY CLERK U No. 68539 V

ORDER DENYING PETITIONS These are pro se petitions for a writ of mandamus. Petitioner seeks an order directing the district court to grant his request to withdraw appointed counsel and represent himself in his postconviction proceeding. Without deciding upon the merits of any claims raised in the documents submitted in this matter, we decline to exercise our original jurisdiction. See NRS 34.160; NRS 34.170. Accordingly, we

ORDER the petitions DENIED.

Saitta Pickering cc: Hon. David R. Gamble, Senior District Judge Peter Jason Helfrich Attorney General/Carson City Nye County Clerk

- O192 SUPREME COURT OF NEVADA (01 1047A
<TABLE> <S> <C>

<ARTICLE> 5
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<S>                             <C>                     <C>
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<PERIOD-START>                             AUG-01-1996             AUG-01-1995
<PERIOD-END>                               OCT-31-1996             OCT-31-1995
<CASH>                                           1,372                     894
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   15,260                  11,169
<ALLOWANCES>                                       423                      28
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                17,954                  12,891
<PP&E>                                           6,922                   3,132
<DEPRECIATION>                                   3,622                   1,085
<TOTAL-ASSETS>                                  51,357                  34,999
<CURRENT-LIABILITIES>                            9,677                   8,805
<BONDS>                                          9,040                  20,036
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            67                      25
<OTHER-SE>                                      32,523                   6,133
<TOTAL-LIABILITY-AND-EQUITY>                    51,357                  34,999
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<INCOME-PRETAX>                                  1,026                     (59)
<INCOME-TAX>                                       408                       4 
<INCOME-CONTINUING>                                618                     (63)
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<EXTRAORDINARY>                                   (335)                      0
<CHANGES>                                            0                       0
<NET-INCOME>                                       283                     (63)
<EPS-PRIMARY>                                      .05                     .02
<EPS-DILUTED>                                      .05                     .02
        

</TABLE>
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED October 22, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-10472 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MARTIN AMADOR-HERNANDEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 6:02-CR-00046-ALL

-------------------- Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM: * Martin Amador-Hernandez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Amador-Hernandez contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Amador-Hernandez maintains thatNo. 03-10472 -2- he pleaded guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the term of imprisonment and supervised release which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Amador-Hernandez acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
CIRCUIT COURT OF HENRICO COUNTY

#### Grayson R. Robertson v. Mary M. Robertson

November 3, 1977

Case No. 77C331

By JUDGE E. BALLARD BAKER

The question is whether Grayson Robertson is entitled to a divorce from Mary Robertson on the ground of separation under Section 20-91(9) or on the ground of constructive desertion.

In my view, Mr. Robertson has not proven constructive desertion. However, the evidence is clear that, other than living under the same roof, the parties have lived separate and apart since April 8, 1976.

An annotation at 35 ALR 3d, 1278-1281, relates to separate and apart where the parties live in the same premises but occupy separate rooms as here. While most cases deny a divorce under such circumstances, it does appear that where there has been a complete cessation of all marital duties and relations between the parties and they live in such a manner that those who know them can observe that they are not living together then the separate and apart requirement has been met.

The closest Virginia cases are *Albert*v. *Albert,*137 Va. 1 (1923), *Chandler*v. *Chandler,*132 Va. 418 (1922), and *Ringgold*v. *Ringgold,*128 Va. 485 (1920). These cases relate to the sufficiency of separation in cruelty or desertion charges. In *Chandler,*a divorce on desertion was granted on an allegation of three years desertion even though the parties lived in the same home until a few days before suit was filed. The Court based its holding *525on evidence showing a breach and neglect of marital duties as to practically destroy home life in every true sense.

These Virginia cases indicate that desertion can occur without either party leaving the home. People can also live "separate and apart" though under the same roof.

In this case, the evidence is in conflict as to why the Robertson’s lived as they did after April 8, 1976. Each blames the other, but neither produces satisfactory corroborating evidence of fault.

Mr. Robertson is not entitled to a divorce on desertion because he has not proven Mrs. Robertson at fault. Mrs. Robertson has not asked for a divorce, but has requested support and maintenance.

As the evidence establishes that the parties have lived separate and apart in all aspects of the marital relationship, Mr. Robertson is entitled to a divorce on the ground that he and Mrs. Robertson have lived separate and apart without cohabitation and without interruption for more than one year.

As Mrs. Robertson has not been shown to be at fault she is entitled to support and maintenance. *Young*v. Young, 212 Va. 761 (1972), *Lancaster*v. Lancaster, 212 Va. 127 (1971).

There is insufficient information in the depositions to enable the Court to make an award to Mrs. Robertson for support. Counsel may present such information by further depositions or on ore tenus hearing.
I 

112TH CONGRESS 

1ST SESSION H. R. 2719 

To ensure public access to the summit of Rattlesnake Mountain in the 

Hanford Reach National Monument for educational, recreational, historical, scientific, cultural, and other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2011 

Mr. HASTINGS of Washington introduced the following bill; which was referred 

to the Committee on Natural Resources 

A BILL 

To ensure public access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument for educational, recreational, historical, scientific, cultural, and 

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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rattlesnake Mountain 

5 Public Access Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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2 

•HR 2719 IH

1 (1) The Hanford Reach National Monument is 

2 public land that belongs to the American people. 

3 (2) The United States Fish and Wildlife Serv4 ice’s Comprehensive Conservation Plan (CCP) for 

5 the Monument restricts public access to large por6 tions of the Monument, including the summit of 

7 Rattlesnake Mountain. 

8 (3) Public access to Rattlesnake Mountain is 

9 important for educational, recreational, historical, 

10 scientific, and cultural purposes. 

11 (4) Rattlesnake Mountain reaches an elevation 

12 of 3,660 feet above sea level—the highest elevation 

13 of the Monument, and provides unparalleled scenic 

14 views over the Monument, the Hanford Site, and the 

15 Columbia River. 

16 (5) Public access to Rattlesnake Mountain will 

17 increase tourism interest in the Monument and will 

18 provide economic benefits to local governments. 

19 SEC. 3. ENSURING PUBLIC ACCESS TO THE SUMMIT OF 

20 RATTLESNAKE MOUNTAIN IN THE HANFORD 

21 REACH NATIONAL MONUMENT. 

22 (a) IN GENERAL.—The Secretary of the Interior shall 

23 provide public access to the summit of Rattlesnake Moun24 tain in the Hanford Reach National Monument for eduVerDate Mar 15 2010 05:28 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2719.IH H2719

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3 

•HR 2719 IH

1 cational, recreational, historical, scientific, cultural, and 

2 other purposes, including— 

3 (1) motor vehicle access; and 

4 (2) pedestrian and other nonmotorized access. 

5 (b) COOPERATIVE AGREEMENTS.—The Secretary of 

6 the Interior may enter into cooperative agreements to fa7 cilitate access to the summit of Rattlesnake Mountain— 

8 (1) with the Secretary of Energy, the State of 

9 Washington, or any local government agency or 

10 other interested persons, for guided tours, including 

11 guided motorized tours to the summit of Rattlesnake 

12 Mountain; and 

13 (2) with the Secretary of Energy, and with the 

14 State of Washington or any local government agency 

15 or other interested persons, to maintain the access 

16 road to the summit of Rattlesnake Mountain. 

Æ 


tjames on DSK1DXX6B1PROD with BILLS