alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NUMBER 13

- 1 3

- 00 1 90

- C R



## COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

ALBERT RODRIGUEZ MEDELLIN

, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On a ppeal from the 207 th District Court

of Comal County, Texas.



## ORDER TO FILE APPELLATE BRIEF

Before Justices Garza , Benavides, and Perkes

Order Per Curiam

This cause is before the Court on appellant's fifth motion for extension of time to

file the brief. Appellant ’ s brief was originally due to be filed on August 22, 2013 , and this

Court has previously granted appellant four extensions for the filing of appellant ’ s brief in

this cause. On February 4, 2014, a supplemental record was filed and this Court granted2

appel lant until March 3 , 2014 to file the brief.

The Court, having fully examined and considered appellant's fifth motion for

extension of time to file the brief and the extensions previously granted in this cause, is of

the opinion that, in the interest o f justice, appellant's fifth motion for extension of time to

file the brief should be granted with order. The Court, however, looks with disfavor upon

the delay caused by counsel's failure to have filed a brief in this matter.

Appellant's fifth motion for extension of time to file the brief is GRANTED , and the

Honorable Larry Warner , counsel for appellant, is ORDERED to file the appellate brief

with this Court on or before April 25, 2014

. Further motions for extension of time will not

be favorably ent ertained by the Court.

The Clerk of this Court is ORDERED to serve a copy of this order on the Honorable

Larry Warner by certified mail, return receipt requested.

PER CURIAM

Do not publish.

T EX

. R. A PP

. P. 47.2(b).

Delivered and filed the

14th day of April , 201 4

.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
UNAUDITED CONDENSED  CONSOLIDATED FINANCIAL STATEMENTS WHICH ARE INCLUDED IN THE
REGISTRANT'S  FORM 10-Q FOR THE PERIOD  ENDED  9/30/99 AND IS  QUALIFIED  IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0001016439
<NAME>                        Intelligroup, Inc.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   SEP-30-1998
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        116,639
<TOTAL-REVENUES>                               116,639
<CGS>                                          73,165
<TOTAL-COSTS>                                  102,162
<OTHER-EXPENSES>                               (121)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             (100)
<INCOME-PRETAX>                                14,698
<INCOME-TAX>                                   3,529
<INCOME-CONTINUING>                            11,169
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   11,169
<EPS-BASIC>                                  .73 <F1>
<EPS-DILUTED>                                  .71 <F2>
<FN>
<F1>      This amount represents Basic Earnings per Share in accordance with the
          requirements of Statement of Financial  Accounting Standards No. 128 -
          "Earnings per Share".

<F2>      This amount  represents  Diluted Earnings per Share in accordance with
          the  requirements of Statement of Financial  Accounting  Standards No.
          128 - "Earnings per Share".
</FN>


</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                      PLAY CO. TOYS & ENTERTAINMENT CORP.
                 (A Subsidiary of United Textiles & Toys Corp.)

                                  Exhibit 27.01

                             FINANCIAL DATA SCHEDULE

This schedule  contains  summary  information  extracted from the Balance Sheet,
Statement of Operations,  Statement of Cash Flows and Notes thereto incorporated
in Part I, Item 7, of this Form  10-KSB  and is  qualified  in its  entirety  by
reference to such financial statements.

</LEGEND>

<S>                                                           <C>
<PERIOD-TYPE>                                                 12-MOS
<FISCAL-YEAR-END>                                              mar-31-1999
<PERIOD-END>                                                   mar-31-1999
<CASH>                                                         125,967
<SECURITIES>                                                   0
<RECEIVABLES>                                                  98,276
<ALLOWANCES>                                                   0
<INVENTORY>                                                    11,506,284
<CURRENT-ASSETS>                                               13,322,156
<PP&E>                                                         9,406,778
<DEPRECIATION>                                                 (4,058,603)
<TOTAL-ASSETS>                                                 21,081,758
<CURRENT-LIABILITIES>                                          7,558,647
<BONDS>                                                        0
<PREFERRED-MANDATORY>                                          0
<PREFERRED>                                                    5,764,101
<COMMON>                                                       0
<OTHER-SE>                                                     (765,106)
<TOTAL-LIABILITY-AND-EQUITY>                                   21,081,758
<SALES>                                                        34,371,230
<TOTAL-REVENUES>                                               34,371,230
<CGS>                                                          19,590,784
<TOTAL-COSTS>                                                  19,590,784
<OTHER-EXPENSES>                                               13,741,011
<LOSS-PROVISION>                                               0
<INTEREST-EXPENSE>                                             1,615,051
<INCOME-PRETAX>                                                (575,616)
<INCOME-TAX>                                                   (575,616)
<INCOME-CONTINUING>                                            (1,548,039)
<DISCONTINUED>                                                 0
<EXTRAORDINARY>                                                0
<CHANGES>                                                      0
<NET-INCOME>                                                   (575,616)
<EPS-BASIC>                                                    (0.50)
<EPS-DILUTED>                                                  (0.50)



</TABLE>
#### In the Matter of Santiago Ramirez, Appellant, v Andrea Evans, Chairwoman, New York State Board of Parole, Respondent.

[987 NYS2d 415]

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole dated January 31, 2012, which, after a hearing, denied the petitioner’s request to be released to parole, the petitioner appeals from a judgment of the Supreme Court, Orange County (Onofry, J.), dated February 5, 2013, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted to the extent that the determination is annulled, and the matter is remitted to the New York State Board of Parole for a new hearing and a new determination.

Although the decision of the New York State Board of Parole (hereinafter the Board) mentioned the petitioner’s institutional record, it is clear that the Board denied release solely on the basis of the seriousness of the offense *(see Matter of Gelsomino v New York State Bd. of Parole,*82 AD3d 1097, 1098 [2011]). The Board’s explanation for doing so was set forth in conclusory terms, which is contrary to law *(see*Executive Law § 259-i [2] [a]; *Matter of Perfetto v Evans,*112 AD3d 640 [2013]; *Matter of Mitchell v New York State Div. of Parole,*58 AD3d 742, 743 [2009]).

We further note that Executive Law § 259-c (4) was amended in 2011, to require the Board to establish new procedures for its *708use in making parole decisions. The amendment, which became effective prior to the date of the petitioner’s hearing in this case, required the Board to establish written procedures incorporating risk and needs principles to measure an inmate’s rehabilitation, likelihood of success upon release, and to assist the members of the Board in making parole determinations *(see*Executive Law § 259-c [4]; L 2011, ch 62, § 1, part C, § 1, subpart A, §§ 38-b, 49 [f]). In response to the amendment, the Board adopted the COMPAS (Correctional Offender Management Profiling for Alternative Sanction) assessment tool, which was not yet in use at the time of the petitioner’s parole hearing. At the new hearing, the Board should utilize the COMPAS assessment tool *(see Matter of Kennedy v New York State Bd. of Parole,*117 AD3d 948 [2d Dept 2014]).

Rivera, J.P, Austin, Roman and Hinds-Radix, JJ., concur.
September 15, 1975

The Honorable Kenneth D. Gaver, M. D. Opinion No. H- 691 Commissioner Texas Department ofMental Health and Mental Retardation Box 12668, Capitol Station Austin, Texas 78711 Re: Ability ofMental Health and Mental Retardation Patient Benefit Fund to borrow money against collateral ofcertificates ofdeposit in which the Fund is invested. Dear Dr. Gaver:

You have requested our opinion concerning whether the trustee ofthe Patient Benefit Fund may, after placing the money in theFhnd in certificates ofdeposit, pledge such certificates as collateral for loans. You explain that the Benefit Fund is maintained primarily in certificates ofdeposit in order to maximize the earnings ofthe Fund. When it becom,es necessary tomake unexpected expenditures from the Fund, it is financially preferable to obtain a loan rather than redeem a certificate before its date ofmaturity.

The Patient Benefit Fund is created in article 3183c, V. T. C.S. It may be expended “for the education or entertainment ofthe inmates ofthe institution, or for the actual expense ofmaintaining the fund at the institution. ” Sec. 1.Assuming the trustee’s action is prudent under the standard set in article 742513-46, V. T. C.S., we see no meaningful distinction in this case between the direct expenditure ofmoney from the Fund and the use ofthe Fund as collateral for aloan, where the proceeds ofthe loan are used for a purpose for which money from the Fund may be legally expended. Accordingly, we answer you question in the affirmative.

p. 3003The Honorable Kenneth D. Gaver, M. D. - page 2 (H-691)

SUMMARY Provided the action is prudent under the standard set in article 742513-46, V.T. C.S., the trustee of the Patient Benefit Fund may use certificates of deposit as collateral for a loan where the proceeds ofthe loan are used for apurpose for which money in the Fund may be legally expended.



# j-Jzji&

Attorney General ofTexas

DAVID M. KENDALL, First Assistant

C. ROBERT HEATH, Chairman Opinion Committee jwb

p. 3004
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
September 30, 1999 Form 10-Q and is qualified in its entirety by reference to
such financial statement.
</LEGEND>

<S>                                       <C>
<PERIOD-TYPE>                                   9-MOS
<FISCAL-YEAR-END>                         DEC-31-1999
<PERIOD-START>                            JAN-01-1999
<PERIOD-END>                              SEP-30-1999
<CASH>                                     53,325,465
<SECURITIES>                                        0
<RECEIVABLES>                               2,057,680
<ALLOWANCES>                                  434,000
<INVENTORY>                                         0
<CURRENT-ASSETS>                           58,751,656
<PP&E>                                      2,303,759
<DEPRECIATION>                                407,649
<TOTAL-ASSETS>                             60,819,939
<CURRENT-LIABILITIES>                       4,575,836
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                      142,412
<OTHER-SE>                                 55,573,278
<TOTAL-LIABILITY-AND-EQUITY>               60,819,939
<SALES>                                     6,103,521
<TOTAL-REVENUES>                            6,103,521
<CGS>                                               0
<TOTAL-COSTS>                                       0
<OTHER-EXPENSES>                           16,669,974
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             37,443
<INCOME-PRETAX>                           (10,385,903)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                       (10,385,903)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                              (10,385,903)
<EPS-BASIC>                                     (3.65)
<EPS-DILUTED>                                   (3.65)



</TABLE>
DENY; and Opinion Filed August 20, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-18-00815-CV

IN RE QUINCY BLAKELY, Relator

Original Proceeding from the 194th Judicial District Court

Dallas County, Texas

Trial Court Cause No. WX1890017

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Stoddart

Opinion by Justice Lang-Miers

In this original proceeding, relator seeks a writ directing the trial court to sign and file a 

written order disposing of relator’s application for pretrial writ of habeas corpus and a certification 

of relator’s right to appeal. We requested a response to relator’s petition for writ of mandamus. 

In its response, the State informed the Court that the trial court signed a written order on August 

3, 2018 denying relator’s application for pretrial writ of habeas corpus, and that a certification of 

right to appeal is pending relator’s signature. Relator has appealed the August 3, 2018 order, and 

this Court has ordered the trial court to prepare a certification of right to appeal and to file the 

certification with the clerk’s record in that appeal. See 05-18-00909-CR. Relator has received the 
–2–

relief requested in this original proceeding. Accordingly, we deny as moot relator’s petition for 

writ of mandamus. 

180815F.P05

/s/ Elizabeth Lang-Miers

ELIZABETH LANG-MIERS

JUSTICE
#### The People of the State of New York, Respondent, v James W. Evans, Appellant.

[988 NYS2d 809]

Appeal from an order of the Ontario County Court (William E Kocher, J.), dated February 28, 2013. The order granted the application of defendant for resentencing pursuant to CPL 440.46.

It is hereby ordered that the order so appealed from is unanimously affirmed and the matter is remitted to Ontario County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from an order granting his application for resentencing pursuant to CPL 440.46 and specifying and informing him of the term of the determinate sentence County Court would impose upon resentencing *(see*L 2004, ch 738, § 23). He contends that the court erred in refusing to recuse itself and that, as a result, the proposed new sentence of eight years of incarceration plus three years of postrelease supervision is an abuse of discretion and was improperly influenced by the court’s personal animosity toward defendant. We affirm.

“Absent a legal disqualification under Judiciary Law § 14, a Trial Judge is the sole arbiter of recusal . . . [and a] court’s decision in this respect may not be overturned unless it was an abuse of discretion” *(People v Moreno,*70 NY2d 403, 405-406 [1987]; *see People v Strohman,*66 AD3d 1334, 1336 [2009], *lv*
      *1477
      *dismissed*13 NY3d 911 [2009]). Although defendant had used profanity in addressing the court in an unrelated sentencing proceeding, the court stated that it could be fair and impartial and that defendant’s prior comments would not impact the court’s ability to be objective. We perceive no basis to conclude that the court’s discretionary determination to deny recusal was an abuse of discretion, and we conclude that the proposed new sentence of eight years is not “harsh or excessive” in light of all the “facts or circumstances relevant to the imposition of a new sentence” (L 2004, ch 738, § 23).

We thus affirm the order, and we remit the matter to County Court to afford defendant an opportunity to withdraw his application for resentencing before the proposed new sentence is imposed *(see*CPL 440.46 [3]; L 2004, ch 738, § 23).

Present— Scudder, RJ., Fahey, Peradotto, Valentino and DeJoseph, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK>  0000927720
<NAME> SPANISH BROADCASTING SYSTEM, INC.

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-24-2000
<PERIOD-START>                             SEP-27-1999
<PERIOD-END>                               SEP-24-2000
<CASH>                                      59,558,729
<SECURITIES>                                         0
<RECEIVABLES>                               33,346,294
<ALLOWANCES>                                 8,082,275
<INVENTORY>                                          0
<CURRENT-ASSETS>                            88,685,130
<PP&E>                                      40,443,214
<DEPRECIATION>                              18,767,975
<TOTAL-ASSETS>                             634,690,823
<CURRENT-LIABILITIES>                       27,347,268
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,022
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>               634,690,823
<SALES>                                    122,668,415
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                        (19,495,083)
<INCOME-PRETAX>                             11,459,847
<INCOME-TAX>                                 4,914,479
<INCOME-CONTINUING>                          6,545,368
<DISCONTINUED>                                       0
<EXTRAORDINARY>                           (17,150,918)
<CHANGES>                                            0
<NET-INCOME>                              (10,675,550)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                    (.67)


</TABLE>
Exhibit 31

                            CERTIFICATION PURSUANT TO
                         THE SARBANES-OXLEY ACT OF 2002
                             CHIEF EXECUTIVE OFFICER

I, Gary Herman, certify that:

In connection with the Annual Report of Digital Creative Development Corporation
(the  "Company")  on Form 10-QSB for the period  ending  September 30, 2003 (the
"Report"),  the undersigned  officer of the Company,  certifies,  pursuant to 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that to the best of his knowledge:

(1) The Report fully  complies  with the  requirements  of Section  13(a) 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 7, 2006

/s/ Gary Herman
--------------------------
Gary Herman
Chief Executive Officer
<PAGE>


                                                                    EXHIBIT 99.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         I, Susan C. Carr, state and attest that:

        (1)    I am the President of Main Place Funding, LLC (the
               "Registrant").

        (2)    I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
               pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that

..    the Annual Report on 10-K of the Registrant for the year ended December 31,
     2002 (the "annual report") containing financial statements fully complies
     with the requirements of Section 13(a) or 15(d) of the Securities Exchange
     Act of 1934; and

..    the information contained in the periodic report fairly presents, in all
     material respects, the financial condition and results of operations of the
     Registrant for the periods presented.

/s/ Susan C. Carr
-----------------
Susan C. Carr
President
March 31, 2003
**Exhibit 32.2**

 

CERTIFICATION OF THE CHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of SRS Labs, Inc. (the “Company”)on Form 10-Q/A for the quarter ending March 31, 2004 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Janet M. Biski, Chief Financial Officer of the Company, certify, pursuant to18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002,that to the best of my knowledge:

 

1.                                       The Report fullycomplies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2.                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.

 
| Date: May 17, 2005 |   |                     |
|-------------------------|--------|--------------------------|
|                    | By:    | /s/ Janet M.  Biski      |
|                    |   | Janet M. Biski           |
|                    |   | Chief Financial  Officer |

 

----