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

OF TEXAS

NOS. WR-93,387-01 & WR-93,387-02

EX PARTE MARK EUGENE FULLER, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 10663-A & 10665-A

IN THE 31 DISTRICT COURT FROM GRAY COUNTY ST

Per curiam.

O R D E R

Applicant was convicted of aggravated sexual assault of a child, sentenced to sixty years’

imprisonment, and indecency with a child, sentenced to twenty years’ imprisonment. He filed this

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX. CODE CRIM. PROC. art. 11.07. 

Applicant alleges that counsel was ineffective during the revocation hearing for, among other

things, not allowing him to testify and failing to protect a five year plea bargain agreement which

was reached between the parties. Applicant also contends that he was denied his right to an appeal

because counsel failed to timely file a notice of appeal. Applicant has alleged facts that, if true,

might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Axel, 757
2

S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98 S.W.3d 700 (Tex. Crim. App. 2003). 

Accordingly, the record should be developed. The trial court is the appropriate forum for findings

of fact. TEX. CODE CRIM. PROC. art. 11.07, § 3(d). The trial court shall order trial counsel to

respond to Applicant’s claims. In developing the record, the trial court may use any means set out

in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine whether

Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court

shall appoint counsel to represent him at the hearing. See TEX. CODE CRIM. PROC. art. 26.04. If

counsel is appointed or retained, the trial court shall immediately notify this Court of counsel’s

name.

The trial court shall make findings of fact regarding whether counsel prevented Applicant

from testifying in his own defense and whether a five year plea offer was made and accepted, and

if so, how that deal did not move forward. The trial court shall also make findings of fact and

conclusions of law as to whether Applicant was denied his right to an appeal because trial counsel

failed to timely file a notice of appeal. The trial court may make any other findings and conclusions

that it deems appropriate in response to Applicant’s claims.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP. P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court.
3

Filed: January 12, 2022

Do not publish
<PAGE>   1
                                                                    EXHIBIT 24.2


                       CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference in the registration statement of
Corporate Property Associates 12 Incorporated and Subsidiaries on Form S-11
(File No. 33-99994) of our reports dated March 24, 1997, on our audits of the
consolidated financial statements and financial statement schedule of Corporate
Property Associates 12 Incorporated and Subsidiaries as of December 31, 1994,
1995 and 1996, and for the years ended December 31, 1994, 1995, and 1996, which
reports are incorporated by reference in this Annual Report on Form 10-K.




                                                   /s/ Coopers & Lybrand L.L.P.

New York, New York
March 27, 1997
Form 8966

Department of the Treasury 

Internal Revenue Service 

FATCA Report

▶ Information about Form 8966 and its separate instructions is at www.irs.gov/form8966.

OMB No. 1545-2246

2015

Check if report is being corrected, amended, voided, or there are no accounts to report

Corrected report Amended report Voided report Check if no accounts to report (see instructions)

Part I Identification of Filer

1a Name of filer 1b Enter the filer category (see instructions) ▶

2 Number, street, and room or suite no. (if P.O. box, see instructions)

3a City or town 3b State, province, or region 3c Country, including postal code 

4 Global intermediary identification number (GIIN)

. . .

5 TIN

6 Name of sponsored entity or intermediary, if applicable

7 Number, street, and room or suite no. (if P.O. box, see instructions)

8a City or town 8b State, province, or region 8c Country, including postal code 

9 GIIN

. . .

10 TIN

Part II Account Holder or Payee Information

1a Name of account holder or payee 1b Indicate whether account holder or payee is an individual or entity

Individual Entity

2 Number, street, and room or suite no. (if P.O. box, see instructions)

3a City or town 3b State, province, or region 3c Country, including postal code 

4 TIN

5 If account holder or payee is an entity, check applicable box to specify the entity type:

Owner-Documented FFI with specified U.S. owner(s) Passive NFFE with substantial U.S. owner(s)

Non-Participating FFI Specified U.S. Person

Part III Owner Information (File a separate report for each U.S. Owner that is a specified U.S. Person)

1 Name of owner

2 Number, street, and room or suite no. (if P.O. box, see instructions)

3a City or town 3b State, province, or region 3c Country, including postal code 

4 TIN of owner

Part IV Financial Information

1 Account number 2 Currency code (see instructions)

3a Account balance

3b Check if account closed during the year (see instructions)

4a Interest

4b Dividends

4c Gross proceeds/Redemptions

4d Other

For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 55748F Form 8966 (2015) 
Form 8966 (2015) Page 2 

Part V Pooled Reporting Type

1 Check applicable pooled reporting type (check only one):

Recalcitrant account holders with U.S. Indicia

Dormant accounts

Recalcitrant account holders that are U.S. persons

Recalcitrant account holders without U.S. Indicia

Non-participating FFI

Recalcitrant account holders that are passive NFFEs

2 Number of accounts 3 Aggregate payment amount

4 Aggregate account balance 5 Currency code

Form 8966 (2015)
#### Keith B. SHAMBERGER, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A.; America’s Servicing Company, d/b/a Asc; Shapiro Brown & Alt, LLP, Defendants-Appellees.

No. 13-2514.

United States Court of Appeals, Fourth Circuit.

Submitted: April 17, 2014.

Decided: April 21, 2014.

Keith B. Shamberger, Appellant Pro Se.

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Keith B. Shamberger appeals the district court’s order dismissing his pro se complaint against Defendants after a review pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. *Shamberger v. Wells Fargo Bank,*N.A., No. 3:13-cv-00645-JAG, 2013 WL 6019248 (E.D.Va. Nov. 13, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED.*
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-2049

MARIA CHAVALAN-SUT,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: June 25, 2024 Decided: July 12, 2024

Before KING, QUATTLEBAUM, and HEYTENS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

ON BRIEF: Alina Marie Kilpatrick, SUDESTE IMMIGRATION LAWYERS PLLC, 

Richmond, Virginia, for Petitioner. Brian Boynton, Acting Assistant Attorney General, 

Anthony P. Nicastro, Assistant Director, Ilana J. Snyder, Trial Attorney, Office of 

Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, 

Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 21-2049 Doc: 32 Filed: 07/12/2024 Pg: 1 of 2
2

PER CURIAM:

Maria Chavalan-Sut, a native and citizen of Guatemala, petitions for review of an 

order of the Board of Immigration Appeals (“Board”) dismissing her appeal from the 

immigration judge’s (“IJ”) decision denying her second motion to reopen seeking to 

rescind her in absentia order of removal. We have reviewed the record and the IJ’s decision 

and conclude that the Board did not abuse its discretion in dismissing the appeal. See

Garcia Hernandez v. Garland, 27 F.4th 263, 266 (4th Cir. 2022) (stating standard of

review). Chavalan-Sut’s contention that the IJ did not have authority to order her removed 

in absentia because the notice to appear did not indicate the time and place for the removal 

proceedings is without merit. See Cedillos-Cedillos v. Barr, 962 F.3d 817, 823

(4th Cir. 2020) (noting that requirement that notice to appear include time and date of 

proceedings is not jurisdictional). 

That leaves Chavalan-Sut’s contention that she was denied due process because she 

did not receive the notice at all. She does not dispute that the notice was sent to her last 

known address and was not returned as undeliverable. She must therefore rebut the

“presumption of effective delivery” we afford the agency. Nibagwire v. Gonzales, 450 F.3d 

153, 156 (4th Cir. 2006). Because she has failed to do so, we reject her constitutional 

argument as well. 

Accordingly, we deny the petition for review. We dispense with oral argument 

because the facts and legal contentions are adequately presented in the materials before this 

court and argument would not aid the decisional process.

PETITION DENIED

USCA4 Appeal: 21-2049 Doc: 32 Filed: 07/12/2024 Pg: 2 of 2
<PAGE>

                                                                    EXHIBIT 32.1

                           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 Southeast Acquisitions II, L P. (the
"Partnership") on Form 10-Q (the "Report") for the period ending September 30,
2005 as filed with the Securities and Exchange Commission on the date hereof I,
Richard W. Sorenson, the principal executive officer of the Partnership,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley act of 2002, to my knowledge, that:

      (1)   The report fully complies with the requirements of section 13(a) of
            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 Partnership.

/s/ Richard W. Sorenson
-----------------------------------
Richard W. Sorenson

Richard W. Sorenson
Principal Executive Officer & Member
Southern Management Group, LLC
November 11, 2005

<PAGE>

                           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 Southeast Acquisitions II, L P. (the
"Partnership") on Form 10-Q (the "Report") for the period ending September 30,
2005 as filed with the Securities and Exchange Commission on the date hereof I,
Laura E. Ristvedt, the principal financial officer of the Partnership, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley act of 2002, to my knowledge, that:

      (1)   The report fully complies with the requirements of section 13(a) of
            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 Partnership.

/s/ Laura E. Ristvedt
-----------------------------
Laura E. Ristvedt

Laura E. Ristvedt
Principal Financial Officer
Southern Management Group, LLC
November 11, 2005
**Exhibit 12.2****302 CERTIFICATION**     I, Alfredo Ergas S., certify that:     1.I have reviewed this annual report on Form 20-F of ENERSIS S.A.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the company as of, and for, the periods presented in this report;     4. The company’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f)and 15d-15(f)) for the company and have:     (a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the company, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report is being prepared;     (b) designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, to provide reasonableassurance regarding the reliability of financial reporting and the preparation of financialstatements for external purposes in accordance with generally accepted accounting principles;     (c) evaluated the effectiveness of the company’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;and     (d) disclosed in this report any change in the company’s internal control overfinancial reporting that occurred during the period covered by the annual report thathas materially affected, or is reasonably likely to materially affect, the company’sinternal control over financial reporting; and     5. The company’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the company’s auditors and the auditcommittee of the company’s board of directors (or persons performing the equivalent functions):     (a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect thecompany’s ability to record, process, summarize and report financial information; and     (b) any fraud, whether or not material, that involves management or other employees whohave a significant role in the company’s internal control over financial reporting.Date: May 14, 2007.     */s/*Alfredo Ergas S.     Alfredo Ergas S.  Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         272,575
<SECURITIES>                                         0
<RECEIVABLES>                                  738,340
<ALLOWANCES>                                   132,380
<INVENTORY>                                  3,927,030
<CURRENT-ASSETS>                             4,979,523
<PP&E>                                       4,155,751
<DEPRECIATION>                               1,523,618
<TOTAL-ASSETS>                              10,479,434
<CURRENT-LIABILITIES>                        4,781,610
<BONDS>                                        668,823
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,916
<OTHER-SE>                                   4,983,550
<TOTAL-LIABILITY-AND-EQUITY>                10,479,434
<SALES>                                     29,407,989
<TOTAL-REVENUES>                            29,407,989
<CGS>                                        7,426,686
<TOTAL-COSTS>                                7,426,686
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                797,157
<INCOME-TAX>                                   270,000
<INCOME-CONTINUING>                            527,157
<DISCONTINUED>                                  74,386
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   601,543
<EPS-BASIC>                                        .04
<EPS-DILUTED>                                      .04


</TABLE>
2004 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit 12-23-2004 

# P a sc a ck V al ley H o s p v

. Lo c al 464A UF C W P r e c e de n t i al or N on-P r e c e de n t i al : P r e c e de n t i al D ocke t N o . 03-4196

F o l lo w thi s a nd a dd it ion al work s at : h tt p://d i g it alc ommon s .l a w . vi l l a no va . e du/thir dc ir c uit_2004

Thi s de c i sion i s br ou gh t t o you for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit at V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

. It h as be e n a c c e pt e d for inclusion in 2004 D e c i sion s b y a n author i z e d a dmini s tr at or of V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

. F or mor e inform at ion, p le as e c on t a ct Be n j amin . C a rl s on@l a

w . vi l l a no va . e du . Re c omme nde d C it at ion " P as ca ck V al ley H osp v

. L ocal 464A UF C W " (2004). 2004 D e cisio n s . P ape r 8. h tt p://d i git alc ommon s .l a

w . vi l l a no va . e du/thir dc ir c uit_2004/8*The Honorable J. Clifford Wa llace, Se nior Circ uit Judge f

or the Un ited State s Court of A

ppeals for the Ninth Circuit, sitting by desig nation UNITED STATES COURT OF APPEALS FO R T HE TH IRD CIR CU IT

_________ Case No: 03-4196

__________ PA SC AC K V AL LE Y H OS PIT AL , IN C.; Ap pellan t,

v. LOCAL 4 64A UFCW WELF ARE REI MBURSEMENT PLAN On A ppeal Fro m Th e Un ited States District Co urt For The District Of New Jersey (Civ. A. No. 02-CV-05974) Distri ct Judge: The Honorable Dennis M. Cavanaugh

_________ Be for e: A LIT O, S M ITH , and W AL LA CE , Circuit Judges *

____________ ORDER

_____________ The captions in the Opini on and the Judgment in thi s case, which were fil ed No vem ber 1 , 2004 , are he reby am ende d to elim inate a ny refere nce to Co mm unity M edica l Cen ter, Law rence Taylor, an d D ebra S averin o. Th e cap tion in th is Ord er is correct . The Clerk i s dire cted t o issue an amended mandate. By the C ourt, /s/ D. Brooks Smith Circuit Judge DAT ED: 23 December 2004
Form 8810

Department of the Treasury 

Internal Revenue Service

Corporate Passive Activity Loss and Credit Limitations

© See separate instructions. 

© Attach to the corporation’s tax return (personal service

corporations and closely held corporations only).

OMB No. 1545-1091

2009

Name Employer identification number

Part I 2009 Passive Activity Loss

Caution: See the instructions and complete Worksheets 1 and 2 before completing Part I.

1a Current year income (from Worksheet 2, column (a)) . . 1a

b Current year deductions and losses (from Worksheet 2, 

column (b)) . . . . . . . . . . . . . . . . . 1b ( )

c Prior year unallowed losses (from Worksheet 2, column (c)) 1c ( )

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

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

service corporations enter -0- on this line . . . . . . . . . . . . . . . . 2 

3 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

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

enter the result (see instructions) . . . . . . . . . . . . . . . . . . . 4 

Part II 2009 Passive Activity Credits

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

5a Current year credits (from Worksheet 5, column (a)) . . 5a

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

6 Add lines 5a and 5b . . . . . . . . . . . . . . . . . . . . . . . . 6 

7 Enter the tax attributable to net passive income and net active income (see instructions) 7 

8 Unallowed passive activity credit. Subtract line 7 from line 6. If the result is zero or 

less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . 8 

9 Allowed passive activity credit. Subtract line 8 from line 6 (see instructions) . . 9 

Part III Election To Increase Basis of Credit Property

10 If the corporation disposed of its entire interest in a passive activity or former passive activity in a fully 

taxable transaction, and the corporation elects to increase the basis of credit property used in that activity 

by the unallowed credit that reduced the property’s basis, check this box (see instructions) . . . . . © 

11 Name of passive activity disposed of ©

12 Description of the credit property for which the election is being made ©

13 Amount of unallowed credit that reduced the property’s basis . . . . . . © $

For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 10356T Form 8810 (2009)