alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Third District Court of Appeal State of Florida Opinion filed April 21, 2021. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D21-194 Lower Tribunal No. 17-609-A-K

________________ Jeffrey Louis Smith, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Mark Wilson, Judge. Jeffrey Louis Smith, in proper person. Ashley Moody, Attorney General, and Brian H. Zack, Assistant Attorney General, for appellee. Before SCALES, MILLER and LOBREE, JJ. PER CURIAM. Affirmed.
Exhibit



Exhibit 10.14



AMENDMENT
TO THE LIFE INSURANCE ENDORSEMENT METHOD SPLIT
DOLLAR PLAN AGREEMENT FOR DRAKE D. MILLS
THIS AMENDMENT, made and entered into this ____ day of __________, 2009, by and between Community Trust Bank, a bank organized and existing under the laws of the State of Louisiana (hereinafter referred to as the “Bank”), and Drake D. Mills, an Executive of the Bank (hereinafter referred to as the “Executive”), shall effectively amend the Community Trust Bank Life Insurance Endorsement Method Split Dollar Plan Agreement dated September 10, 2008 (hereinafter referred to as the “Agreement”) as specifically set forth herein.  Pursuant to Paragraph XVI of the Agreement, the Bank and the Executive hereby adopt the following amendment:
1.)     Paragraph VI, “Division of Death Proceeds,” Subparagraph (A), shall be deleted in its entirety and replaced with the following Subparagraph (A):
		
	A. 
	Upon the death of the Insured, the Insured’s beneficiary(ies), designated in accordance with Paragraph III, shall be entitled to an amount equal to Sixty-Five Percent (65%) of the net-at-risk insurance portion of the proceeds. The net-at-risk insurance portion is the total proceeds less the cash value of the policy.


		
	2.) 
	Paragraph VI, “Division of Death Proceeds,” Subparagraph (B), shall be deleted in its entirety and intentionally left blank.


		
	3.) 
	Paragraph IX, “Termination of Agreement,” Subparagraph (A)(1), shall be deleted in its entirety and intentionally left blank.


		
	4.) 
	Paragraph IX, “Termination of Agreement,” Subparagraph (A)(3), shall be deleted in its entirety and intentionally left blank.


This Amendment shall be effective the 1st day of January, 2009.  To the extent that any term, provision, or paragraph of the Agreement is not specifically amended herein, or in any other amendment thereto, said term, provision, or paragraph shall remain in full force and effect as set forth in said Agreement.
[signatures on following page]









IN WITNESS WHEREOF, the parties hereto acknowledge that each has carefully read this Amendment and executed the original thereof on the first day set forth hereinabove, and that, upon execution, each has received a conforming copy.
	
		
	COMMUNITY TRUST BANK

	Ruston, Louisiana

	 

	By:
	/s/ Linda Tuten

	 
	(Bank Officer other than Insured)

	 

	Title:
	CPO/EVP

	 

	EXECUTIVE

	 

	/s/ Drake D. Mills

	Drake D. Mills
CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C.  SECTION 1350)




In connection with the Quarterly Report on Form 10-Q of Aware, Inc. (the “Company”) for the quarter ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned Chief Executive Officer and Chief Financial Officer of the Company, certifies, to the best knowledge and belief of the signatory, pursuant to 18 U.S.C. §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.




/s/   Edmund C. Reiter

/s/   Richard P. MobergPresident & Chief Executive Officer

Chief Financial OfficerDate:  July 28, 2010

Date: July 28, 2010





The certification set forth above is being furnished as an exhibit solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Form 10-Q or as a separate disclosure document of the Company or the certifying officers.
Order entered November 4, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01726-CR

CHARLES RAY JAMES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1

Dallas County, Texas

Trial Court Cause No. F12-60716-H

ORDER

On May 29, 2013, we ordered the Dallas County District Clerk to prepare and file a 

supplemental clerk’s record containing a detailed itemization of the costs assessed in this case, 

including, but not limited to, specific court costs, fees, and court appointed attorney fees. On 

June 11, 2013, the Dallas County District Clerk filed a supplemental clerk’s record. However, 

the detailed itemization of costs included in the supplemental record does not comply with the 

Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. arts. 103.001, 103.006 

(West 2006).

Accordingly, we ORDER the Dallas County District Clerk to file, within SEVEN DAYS

of this order, a second supplemental clerk’s record that contains a detailed itemization of the 

costs assessed in this case that complies with articles 103.001 and 103.006 of the Texas Code of 
Criminal Procedure. See id. art. 103.001 (“A cost is not payable by the person charged with the 

cost until a written bill is produced or is ready to be produced, containing the items of cost, 

signed by the officer who charged the cost or the officer who is entitled to receive payment for 

the cost.”) (emphasis added); 103.006 (“If a criminal action or proceeding . . . is appealed, an 

officer of the court shall certify and sign a bill of costs stating the costs that have accrued and 

send the bill of cost to the court to which the action or proceeding is . . . appealed) (emphasis 

added). We further ORDER that the supplemental clerk’s record include a document explaining 

any and all abbreviations used to designate a particular fee, cost, or court appointed attorney fee.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Gary 

Fitzsimmons, Dallas County District Clerk; the Dallas County District Clerk’s Office, Civil 

Records Division; and counsel for all parties.

/s/ DOUGLAS S. LANG 

JUSTICE
IB 

Union Calendar No. 487 

112TH CONGRESS 

2D SESSION H. R. 3319 

[Report No. 112–675] 

To allow the Pascua Yaqui Tribe to determine the requirements for 

membership in that tribe. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2011 

Mr. GRIJALVA introduced the following bill; which was referred to the 

Committee on Natural Resources 

SEPTEMBER 18, 2012 

Additional sponsor: Mr. GOSAR

SEPTEMBER 18, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on November 2, 2011] 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•HR 3319 RH

A BILL 

To allow the Pascua Yaqui Tribe to determine the 

requirements for membership in that tribe. 


sroberts on DSK5SPTVN1PROD with BILLS
3 

•HR 3319 RH

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

3 SECTION 1. REQUIREMENTS FOR MEMBERSHIP DETER4 MINED BY TRIBE. 

5 Section 3 of Public Law 95–375 (25 U.S.C. 1300f–2) 

6 is amended to read as follows: 

7 ‘‘SEC. 3. For the purposes of section 1 of this Act, mem8 bership of the Pascua Yaqui Tribe shall consist of any 

9 United States citizen of Pascua Yaqui blood enrolled by the 

10 tribe.’’. 


sroberts on DSK5SPTVN1PROD with BILLS
Union Calendar No. 487 

112TH CONGRESS 

2D SESSION H. R. 3319 

[Report No. 112–675] 

A BILL 

To allow the Pascua Yaqui Tribe to determine the 

requirements for membership in that tribe. 

SEPTEMBER 18, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sroberts on DSK5SPTVN1PROD with BILLS
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Page 45659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20952]


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

FEDERAL AVIATION ADMINISTRATION

[AC 187-lL]


Schedule of Charges Outside the United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability.

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

SUMMARY: The Federal Aviation Administration (FAA) is announcing the 
availability of Advisory Circular (AC) 187-1L which transmits an 
updated schedule of charges for services of FAA Flight Standards 
Aviation Safety Inspectors outside the United States. The advisory 
circular has been updated in accordance with the procedures listed in 
14 CFR part 187, Appendix A.

DATES: This AC is effective on October 1, 2017.

ADDRESSES: How to obtain copies: A copy of this publication may be 
downloaded from: http://www.faa.gov/regulations policies/advisory 
circulars.

FOR FURTHER INFORMATION CONTACT: Ms. Tish Thompkins, Flight Standards 
Service, AFS-50, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591, telephone (202) 267-0996.

John Barbagallo,
Deputy Executive Director, Flight Standards Service.
[FR Doc. 2017-20952 Filed 9-28-17; 8:45 am]
BILLING CODE 4910-13-P
Exhibit 31.1

I, Kenneth T. Myers, certify that:

1. I have reviewed this quarterly report on Form 10-Q of the registrant, Digital Lightwave, Inc.

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 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 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 function):

(a) all significant deficiencies and material weaknesses in the design or operation of internal controls 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 controls over financial reporting.

Date: November 7, 2006



By:

/s/ KENNETH T. MYERSKenneth T. MyersPresident and Chief Executive Officer (Principal
Executive Officer)
CIRCUIT COURT OF ARLINGTON COUNTY

#### Kemp C. Honeycutt, Jr. v. Virginia Real Estate Commission

January 29, 1982

Case No. (Law) 22271

By JUDGE CHARLES H. DUFF

For decision is an appeal of an Order of the Virginia Real Estate Commission filed pursuant to the Administrative Process Act, Section 9-6.14:1 *et seq.*

The issues on review and the duty of the reviewing Court are set out in Section 9-6.14:17. It is apropos to note that the duty of the Court with respect to issues of fact is limited to ascertaining whether there was substantial evidence in the agency record upon which the agency as the trier of the facts could reasonably find them to be as it did. Also, the Court is mandated by the statute to take due account of the presumption of official regularity, the experience and specialized competence of the agency and the purposes of the basic law under which the agency has acted.

Upon a careful review of the transcript of the hearing of July 8, 1980, the report of the hearing officer, and the authorities cited at argument, I am of the opinion that the decision of the Virginia Real Estate Commission was proper and, accordingly, is affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001016177
<NAME> DURA AUTOMOTIVE SYSTEMS, INC.
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           11625
<SECURITIES>                                         0
<RECEIVABLES>                                   453998
<ALLOWANCES>                                         0
<INVENTORY>                                     133842
<CURRENT-ASSETS>                                767138
<PP&E>                                          500344
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 2365085
<CURRENT-LIABILITIES>                           587082
<BONDS>                                         387840
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           175
<OTHER-SE>                                      433507
<TOTAL-LIABILITY-AND-EQUITY>                   2365085
<SALES>                                        1977540
<TOTAL-REVENUES>                               1977540
<CGS>                                          1660367
<TOTAL-COSTS>                                  1660367
<OTHER-EXPENSES>                                165856
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               82553
<INCOME-PRETAX>                                  68764
<INCOME-TAX>                                     27781
<INCOME-CONTINUING>                              38235
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     38235
<EPS-BASIC>                                       2.19
<EPS-DILUTED>                                     2.13


</TABLE>
Exhibit 31.1
**CERTIFICATION**
I, Jonah Shacknai, certify that:
 1. I have reviewed this annual report on Form 10-K of MedicisPharmaceutical Corporation;  2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respectto the period covered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this annual report, fairly presentin all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, theperiods presented in this report;  4. The registrant’s other certifying officer(s) and I areresponsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
 (a) Designed such controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which this reportis being prepared;  (c) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  (d) Disclosed in this report any change in theregistrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internalcontrol over financial reporting; and
 5. The registrant’s other certifying officer(s) and I havedisclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or personsperforming the equivalent functions):
 (a) All significant deficiencies and materialweaknesses in the design or operation of internal controlover financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process,summarize and report financial information; and  (b) Any fraud, whether or not material, thatinvolves management or other employees who have a significantrole in the registrant’s internal control over financialreporting.
Date: September 10, 2004
JONAH SHACKNAI /s/ JONAH SHACKNAI
#### Ramiro Rubi IBARRA, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

No. 11-70031.

United States Court of Appeals, Fifth Circuit.

July 17, 2013.

Russell David Hunt, Jr., Georgetown, TX, Naomi E. Terr, Texas Defender Service, Houston, TX, for Petitioner-Appellant.

*600Stephen M. Hoffman, Assistant Attorney General, Andrew S. Oldham, Deputy Solicitor General, Austin, TX, for Respondenb-Appellee.

Before JONES, HAYNES, and GRAVES, Circuit Judges.

*ORDER*

Treating the Appellant’s motion for en banc rehearing as a motion for panel rehearing, and given the Supreme Court’s recent decision in *Trevino v. Thaler,*— U.S. —, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), the court GRANTS the motion for rehearing in part.1 We hereby VACATE our prior panel decision only to the extent inconsistent with *Trevino*and grant a COA only to that extent; in all other respects, the majority and dissenting opinions remain in effect. In light of this new authority, we VACATE the district court’s order to the extent inconsistent with *Trevino*and REMAND to the district court for proceedings consistent herewith.

1

. The effect of this ruling is to moot the Petition for Rehearing En Banc.

GRAVES, Circuit Judge,

concurring in part and dissenting in part:

I agree that the Supreme Court’s recent decision in *Trevino v. Thaler,*133 S.Ct. 1911 (2013), requires us to vacate our prior decision, grant Ibarra’s certificate of appealability (COA), and remand to the district court for the appropriate application of *Martinez v. Ryan,*— U.S. —, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012).2 The trial court should, in the first instance, be allowed to apply *Martinez*in accordance with *Trevino. See Cantu v. Thaler,*682 F.3d 1053 (5th Cir.2012)

However, I disagree with the majority’s inclusion of the language that “in all other respects, the majority and dissenting opinions remain in effect.” The inclusion of this language is an unwarranted and unnecessary potential limiter on the consideration of Ibarra’s claims of ineffective assistance of trial counsel with regard to issues on which the majority previously denied his COA. Ibarra is clearly not foreclosed from raising his ineffective assistance of counsel claims on these issues. Simply put, the trial court is free to determine whether or not evidence related to these issues is relevant to any claim of ineffective assistance of counsel, and is likewise free to determine if any ineffective assistance affects the merits of these issues or any procedural default. *Id.*Thus, I disagree with any language which may be construed to the contrary.

2

. This is entirely consistent with my previous separate opinions in this case wherein I disagreed with the panel majority’s rejection of the application of *Martinez. See Ibarra v. Thaler,*687 F.3d 222 (2012) (Graves, J„ concurring in part and dissenting in part), and *Ibarra v. Thaler,*691 F.3d 677 (2012) (Graves, J., dissenting).
EXHIBIT
32.1 – SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER




In
connection with this Annual Report of Tix Corporation (the “Company”) on Form
10-K for the year ended December 31, 2009 as filed with the Securities and
Exchange Commission (the “Report”), I, Mitch Francis, President and Chief
Executive 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:
      March 16, 2010By:
              /s/ Mitch FrancisMitch
      Francis
                President
      and Chief Executive Officer




A signed
original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.