alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION THREE

STATE OF WASHINGTON,

Respondent,

v.

TIMOTHY EDWARD NATION,

Appellant.

)

)

)

)

)

)

)

)

)

No. 39150-7-III

UNPUBLISHED OPINION

COONEY, J. — In August 2022, Timothy Nation was convicted of custodial assault

and, among other sanctions, was ordered to pay a $500 victim penalty assessment (VPA). 

Because Mr. Nation was found indigent, we remand for the trial court to strike the VPA.

BACKGROUND

The facts underlying Mr. Nation’s conviction are largely irrelevant to this appeal. 

In short, Mr. Nation was charged with custodial assault following an incident that 

FILED

MARCH 26, 2024

In the Office of the Clerk of Court

WA State Court of Appeals Division III
No. 39150-7-III

State v. Nation

2

occurred in the Benton County Jail. At the conclusion of a two-day trial, Mr. Nation was 

convicted and later sentenced to three months of incarceration and ordered to pay a $500 

VPA. During sentencing, defense counsel’s assertion of Mr. Nation’s struggles with 

homelessness went undisputed. 

Mr. Nation appeals the $500 VPA. 

ANALYSIS 

Formerly, RCW 7.68.035(1)(a) (2018) required the imposition of a VPA on any

adult found guilty of a crime in superior court. Effective July 1, 2023, RCW 7.68.035 

was amended to prohibit a trial court from imposing a VPA on a defendant found 

indigent as defined in RCW 10.01.160(3). See LAWS OF 2023, ch. 449, §§ 1, 4. 

Amendments to statutes that impose costs upon convictions apply prospectively to cases 

pending on appeal. See State v. Ramirez, 191 Wn.2d 732, 748-49, 426 P.3d 714 (2018).

Because Mr. Nation’s case is pending on direct appeal, the amendment to 

RCW 7.68.035 applies. While the trial court did not explicitly find Mr. Nation indigent, 

defense counsel’s assertion of Mr. Nation’s history of homelessness was undisputed. 

Further, Mr. Nation was found to be indigent for purposes of this appeal, with the order 

acknowledging that his indigency status had not changed since his trial. 
No. 39150-7-III

State v. Nation

3

We remand for the trial court to strike the $500 VPA from Mr. Nation’s judgment 

and sentence.

A majority of the panel has determined this opinion will not be printed in the 

Washington Appellate Reports, but it will be filed for public record pursuant to 

RCW 2.06.040.

Cooney, J.

WE CONCUR:

Fearing, C.J.

Staab, J.
[Federal Register Volume 66, Number 37 (Friday, February 23, 2001)]
[Notices]
[Pages 11275-11276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4486]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Defense Science Board; Meetings

ACTION:  Notice of Advisory Committee meetings.

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

SUMMARY: The Defense Science Board (DSB) Task Force on Training for 
Future Conflicts will meet in closed session on February 28, 2001, at 
SAIC, 4001 N. Fairfax Drive, Arlington, VA 22201. This Task Force will 
focus on identifying and characterizing what education and training are 
demanded by Joint Vision 2010/2020, and will address the development 
and demonstration time phasing over the next two decades for the 
combined triad of technology modernization, operational concepts, and 
training.
    The mission of the Defense Science Board is to advise the Secretary 
of Defense and the Under Secretary of Defense for Acquisition, 
Technology & Logistics on scientific and technical matters as they 
affect the perceived needs of the Department of Defense. At these 
meetings, the Defense Science Board Task Force will also identify those 
approaches and techniques that potential enemies might take that could 
prepare them to revolutionize their warfare capabilities, thereby 
achieving a training surprise against the U.S. or its allies. This 
review will include, but not be limited to, unique training/education 
developments which might be spawned by allies or an adversary, training 
techniques and methodologies which might be transferred from the U.S. 
or

[[Page 11276]]

through third parties, and finally, the possibilities emerging as a 
result of the globalization of military and information technologies, 
related commercial services and their application by other nations.
    In accordance with section 10(d) of the Federal Advisory Committee 
Act, Pub. L. 92-463, as amended (5 U.S.C. App. II), it has been 
determined that this Defense Science Board meeting, concerns matters 
listed in 5 U.S.C. 552b(c)(1), and that accordingly this meeting will 
be closed to the public.
    Due to critical mission requirements and scheduling conflicts, 
there is insufficient time to provide timely notice required by section 
10(a)(2) of the Federal Advisory Committee Act and subsection 101-
6.1015(b) of the GSA Final Rule on Federal Advisory Committee 
Management, 41 CFR part 101-6, which further requires publication at 
least 15 calendar days prior to the meeting of the Task Force.

    Dated: February 16, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-4486 Filed 2-22-01; 8:45 am]
BILLING CODE 5001-10-M
2009-1108.

#### State v. Hazel.

Franklin App. Nos. 08AP-1002 and 08AP-1003, 2009-Ohio-2144.

On motion for reconsideration. Motion denied.
**SECURITIES ANDEXCHANGE COMMISSION**

WASHINGTON, DC 20549

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

**FORM 8-K**

CURRENT REPORT

PURSUANT TO SECTION13 OR 15(d) OF THE

SECURITIES ANDEXCHANGE ACT OF 1934

Date of report (Dateof earliest event reported) **January 8, 2007**

**Petroleum DevelopmentCorporation**

(Exact Name ofRegistrant as Specified in Charter)

**              Nevada                                          0-7246                                      95-2636730**

(State or OtherJurisdiction                       (Commission                                (IRSEmployer

          ofIncorporation)                                    File Number)                                IdentificationNo.)

**120 Genesis  Boulevard****, Bridgeport, WV  26330**

(Address ofPrincipal Executive Offices)

Registrant'stelephone number, including area code: **304-842-3597**

Check theappropriate box below if the Form 8-K filing is intended to simultaneouslysatisfy the filing obligation of the registrant under any of the followingprovisions (*see* General Instruction A.2. below):

[ ] Writtencommunications pursuant to Rule 425 under Securities Act (17 CFR 230.425)

[ ] Solicitingmaterial pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[ ] Pre-commencementcommunications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR240.14d-2(b))

[ ] Pre-commencementcommunications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR240.13e-4(c))

no change

(Former Name orFormer Address, if Changed Since Last Report)

----

**Item 8.01.      Other Events**

PetroleumDevelopment Corporation announced today that it has completed its previouslyannounced purchase of EXCO Resources Inc.'s producing properties and remainingundeveloped drilling locations in the Wattenberg Field area of the DJ Basin,Colorado.  The transaction included substantially all of EXCO's assets in thearea.  The adjusted purchase price paid at closing was $132 million. The PressRelease is attached by reference as Exhibit 9.01

----

**EXHIBIT INDEX**

**Item 9.01. Financial Statements and Exhibits.**

(c)  Exhibits.

The Exhibit is filed herewith as Exhibit 99.1 and incorporated herein byreference.

----

**SIGNATURES**

Pursuant to the requirements of the Securities ExchangeAct of 1934, the registrant has duly caused this report to be signed on itsbehalf by the undersigned hereunto duly authorized.

**PETROLEUM DEVELOPMENT CORPORATION**

Date:       January 8, 2007

By:          /s/ Richard McCullough

                Richard McCullough

                Chief Financial Officer
OMB No. 1545-1091 Corporate Passive Activity Loss and Credit Limitations Form 8810

© Attach to your tax return (personal service corporations and

closely held corporations only).

Department of the Treasury

Internal Revenue Service

Name Employer identification number

1991 Passive Activity Loss

Caution: See the instructions and Worksheets 1 and 2 on page 7 before completing Part I.

1a Income (from Worksheet 2, column (a)) 1a

b Deductions and losses (from Worksheet 2, column (b)) 1b

c 1c

d 1d

2

2

3

3

4

4

6 6

7

7

8

8

9 9

For Paperwork Reduction Act Notice, see separate instructions. Form 8810 (1991)

© See separate instructions.

Prior year unallowed losses (from Worksheet 2, column (c))

Combine lines 1a, 1b, and 1c. If the result is net income or -0-, see instructions

Closely-held corporations enter net active income and see instructions. Personal

service corporations enter -0- on this line

Unallowed passive activity deductions and losses. Combine lines 1d and 2. If the

result is net income or zero, see the instructions for lines 1d and 3. Otherwise, go to

line 4

Total deductions and losses allowed. Add the income, if any, on lines 1a and 2 and

enter the result. See instructions

Prior year unallowed credits (from Worksheet 5, column (b))

Add lines 5a and 5b

Enter the tax attributable to net active income and net passive income. See

instructions

Unallowed passive activity credit. Subtract line 7 from line 6. If zero or less,

enter -0-

Allowed passive activity credit. Subtract line 8 from line 6. See instructions

1991 Passive Activity Credits

Caution: See the instructions and complete Worksheet 5 on page 10 before completing Part II.

b

5a

5a

5b

Current year passive activity credits (from Worksheet 5,

column (a))

( )

( )

Part I

Part II

Cat. No. 10356T
The Talbots, Inc.  Director Compensation Schedule
 
    
    Annual retainer of $10,000 for the newly-created non-executive chairman position and an
annual retainer of $10,000 for the newly-created lead director position (from $5,000 for the
presiding director position), effective August 1, 2008.
    
    A one-time option grant to non-employee directors of 12,000 shares, granted September 2008,
which will vest on the last business day of fiscal 2012, with possible accelerated vesting
based on achievement of certain levels of Talbots stock price performance.
    
    Effective March 2009 (subject to possible delay or modification based on the Boards
further assessment): an annual retainer of $40,000 (from $28,000) for each non-employee
director; annual retainer of $15,000 (from $5,000) for audit committee chair and $10,000 (from
$5,000) for compensation and governance committee chairs; and an annual retainer of $5,000 for
the other members of the audit, compensation and governance committees.*
    
    Commencing fiscal 2009, an annual option grant to non-employee directors of 3,000 shares
vesting in one-third increments over three years, in addition to existing annual award of
4,000 RSUs.
    
    For future newly-appointed independent directors, a one time sign-on option grant of 20,000
shares vesting in one-third increments over three years.
    
    The current mandatory share ownership guidelines applicable to directors will be
maintained.
 
 *
    
    In February 2009, based on further assessment, the
Board determined not to implement these cash retainer increases and concluded
that it would revisit the possible increases at an appropriate time in the
future.
[Federal Register Volume 66, Number 37 (Friday, February 23, 2001)]
[Notices]
[Pages 11252-11253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4500]


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

DEPARTMENT OF COMMERCE

Bureau of Export Administration


Materials Technical Advisory Committee; Notice of Partially 
Closed Meeting

    The Materials Technical Advisory Committee will meet on March 15, 
2001, 10:30 a.m., Herbert C. Hoover Building, Room 3884, 14th Street 
between Constitution & Pennsylvania Avenues, NW., Washington, DC. The 
Committee advises the Office of the Assistant Secretary for Export 
Administration with respect to technical questions that affect the 
level of export controls applicable to materials and related 
technology.

[[Page 11253]]

Agenda

Public Session

    1. Opening remarks and introductions.
    2. Presentation of papers and comments by the public.
    3. Update on status of Biological Weapons Convention protocol 
negotiations.

Closed Session

    4. Discussion of matters properly classified under Executive Order 
12958, dealing with U.S. export control programs and strategic criteria 
related thereto.
    A limited number of seats will be available during the public 
session of the meeting. Reservations are not accepted. To the extent 
time permits, members of the public may present oral statements to the 
Committee. Written statements may be submitted at any time before or 
after the meeting. However, to facilitate distribution of public 
presentation materials to Committee members, the materials should be 
forwarded prior to the meeting to the address below: Ms. Lee Ann 
Carpenter, OSIES/EA/BXA MS: 3876, U.S. Department of Commerce, 14 St. & 
Constitution Ave., NW., Washington, DC, 20230.
    The Assistant Secretary for Administration, with the concurrence of 
the delegate of the General Counsel, formally determined on March 7, 
2000, pursuant to section 10(d) of the Federal Advisory Committee Act, 
as amended, that the series of meetings or portions of meetings of the 
Committee and of any Subcommittee thereof dealing with the classified 
materials listed in 5 U.S.C. 552(c)(1) shall be exempt from the 
provisions relating to public meetings found in section 10(a)(1) and 
(a)(3) of the Federal Advisory Committee Act. The remaining series of 
meetings or portions thereof will be open to the public.
    A copy of the Notice of Determination to close meetings or portions 
of meetings of the Committee is available for public inspection and 
copying in the Central Reference and Records Inspection Facility, Room 
6020, U.S. Department of Commerce, Washington, DC. For more information 
or copies of the minutes call Ms. Lee Ann Carpenter at (202) 482-2583.

    Dated: February 20, 2001.
Lee Ann Carpenter,
Committee Liaison Officer.
[FR Doc. 01-4500 Filed 2-22-01; 8:45 am]
BILLING CODE 3510-JT-M
<PAGE>
 
                                                                    Exhibit 15.1



November 3, 1997

The Board of Directors

Iwerks Entertainment, Inc.



We are aware of the incorporation by reference in the Registration Statement
(Form S-8 No. 33-77816) pertaining to the Employees' incentive stock options and
other stock option and warrant agreements of Iwerks Entertainment, Inc. of our
report dated October 29, 1997 relating to the unaudited condensed consolidated
interim financial statements of Iwerks Entertainment, Inc. that are included in
its Form 10-Q for the quarter ended September 30, 1997.



                                         /s/ Ernst & Young LLP
| (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: November 12, 2010 | By:    | /s/ Christopher L. Kolb                             |   |
|-------------------------|--------|-----------------------------------------------------|--------|
|                    |   | Name: Christopher L. Kolb,                     |   |
|                    |   | Title: President (Principal Executive Officer) |
#### STATE OF CONNECTICUT *v.*MICHAEL MOODY

*Elizabeth M. Inkster,*senior assistant public defender, and *Mirza Refai Arefin,*certified legal intern, in support of the petition.

*Leon F. Dalbec, Jr.,*senior assistant state’s attorney, in opposition.

Decided July 1, 2010

The defendant’s petition for certification for appeal from the Appellate Court, 121 Conn. App. 207 (AC 30031), is denied.
MISCELLANEOUS ORDERS

#### In re Sciortino.

On May 29, 2014, Ohio Attorney General Mike DeWine presented a request that the chief justice establish a special commission of three retired judges pursuant to R.C. 3.16(C). Pursuant to R.C. 3.16, the special commission shall be established by the chief justice, not sooner than 14 days after receipt of the request, to consider the suspension from public office of Michael Sciortino, Mahoning County Auditor, in relation to felony charges pertaining to official conduct in office.

Accordingly, the following three retired judges are hereby appointed and directed to proceed as provided by R.C. 3.16:

Retired Judge David Faulkner

Retired Judge Thomas Grady

Retired Judge Timothy Hogan

Pursuant to R.C. 3.16(C)(1), at least one member of the special commission is of the same party as the public official and all members of the special commission shall receive compensation for their services and reimbursement for expenses incurred in connection with special-commission functions, *1422from funds appropriated by the attorney general’s office.

It is further ordered that D. Allan Asbury, Administrative Counsel of the Supreme Court of Ohio, shall serve as secretary to the special commission, with authority to contact the parties, schedule hearings, and sign orders on behalf of and at the direction of the special commission.

All documents in this matter shall be filed with the secretary to the special commission either by mail or in another manner directed by the secretary. The original and five copies of all documents shall be filed. All documents filed with the special commission shall also be served on all other parties to this matter on the day of filing with the secretary.

Pursuant to R.C. 3.16(C)(2), all meetings of the special commission shall be closed to the public and the records shall not be made available to the public for inspection or copying until the special commission issues its written report or otherwise concludes its proceedings.
Plant Management

View and Print Noncompliance Records

Welcome to the Public Health 

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Next, click, Select 

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Select the desired 

establishment.
Click, Respond to NR.

A list of noncompliance records 

that have been documented by 

FSIS inspectors appears.
Click the View icon.

Review the NR.
Click the printer icon.

A printer pop-up window 

appears.
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click OK to print.

This is the end of this exercise. 

You will now be returned to the 

introductory screen. Thanks for 

your interest in the Public Health 

Information System.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-10625

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

NDUFOLA KIGHAM,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:15-CR-44-30

Before REAVLEY, CLEMENT, and HO, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Ndufola Kigham has moved for 

leave to withdraw and has filed a brief in accordance with Anders v. California, 

386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). 

Kigham has not filed a response. We have reviewed counsel’s brief and the 

relevant portions of the record reflected therein. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 20, 2018

Lyle W. Cayce

Clerk

 Case: 17-10625 Document: 00514354153 Page: 1 Date Filed: 02/20/2018
No. 17-10625

2

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is 

excused from further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5TH CIR. R. 42.2.

 Case: 17-10625 Document: 00514354153 Page: 2 Date Filed: 02/20/2018
**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the Quarterly Report of SCI Engineered Materials, Inc. (the
      “Company”) on Form 10-Q for the period ending September 30, 2008 as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Gerald S. Blaskie, Vice President and Chief Financial Officer of the Company,
      certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 result of operations of the Company.





/s/
                Gerald S. BlaskieGerald
                S. BlaskieVice
                President and Chief Financial Officer ofSCI Engineered Materials, Inc. (Principal Financial
              Officer
                and Principal Accounting Officer)November
                5, 2008
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A17D0117. STEVEN JESSE ARBEGAST v. THE STATE.

Steven Jesse Arbegast was convicted by a jury of two counts of child

molestation. Arbegast’s convictions were affirmed on appeal. See Arbegast v. State,

332 Ga. App. 414 (773 SE2d 283) (2015). Arbegast subsequently filed an

extraordinary motion for a new trial. The trial court denied the motion on June 13,

2016. Arbegast then filed this application for discretionary review of that order on

October 1, 2016. We, however, lack jurisdiction.

To be timely, a discretionary application must be filed within 30 days of entry

of the order to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-

35 are jurisdictional, and this Court cannot accept an application for appeal not made

in compliance therewith. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57)

(1989). Because this application was filed 110 days after entry of the order Arbegast

seeks to appeal, it is untimely, and we lack jurisdiction to consider it. Accordingly,

this application is hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

10/20/2016

October 20, 2016
#### STATE OF CONNECTICUT *v.*MICHAEL ANCONA

*Vincent F. Sabatini,*in support of the petition.

*Nancy L. Chupak,*senior assistant state’s attorney, in opposition.

Decided May 5, 2010

The defendant’s petition for certification for appeal from the Appellate Court, 120 Conn. App. 324 (AC 30412), is denied.