alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Supreme Court

No. 2013

- 74

- Appeal.

Jeremy M. Motyka :

v. :

State of Rhode Island

. :

O R D E R

This c ase was assigned for oral argument on the Supreme Court’s May 6, 2014

Show Cause Calendar, the parties having been directed to appear an d show cause why the

issues raised by the a ppellant, Jeremy M. Motyka (a pplicant)

, in this appeal from the

denial of his application for post

- conviction relief should not summarily be decided. The

applicant is serving a sentence of life imprisonment witho ut the possibility of parole after

a conviction for a murder committed in a manner involving torture and aggravated

battery. See State v. Motyka , 893 A.2d 267 (R.I. 2006). The state has conceded that the

trial justice failed to articulate any findings or conclusions concerning the grounds raised

in the application, in accordance with the procedure set forth in Shatney v. State , 755

A.2d 130 (R.I. 2000)

.

On April 18, 2014

, the a ppellee, State of Rhode Island

, filed with this Court, a

concession of error, conceding that the Superior Court hearing justice did not provide

applicant with an opportunity “to be heard on whether any arguable basis exists to

proceed with the application” for post

- conviction relief after the filing of a two

- page no

merit memorandum by appointed counsel in accordance with Shatney , 755 A.2d at 136.

- 1

-Although applicant was provided with counsel, the record also reflects that he

engaged in vigorous advocacy on his own behalf, such that the trial justice was

confronted with “overlap and d uplicity” among the various filings by the applicant. This

Court accepts the state’s concession of error with respect to the manner in which this case

was decided in the Superior Court

, and we vacate the judgment denying postconviction

relief issued in th e Superior Court. We remand this case for a new hearing with present

counsel as his attorney. We note

, however, that applicant may not have it two ways

— he

is entitled to the able assistance of a court

- appointed lawyer or he can elect to represent

hims elf as a pro se litigant, but not both.

Accordingly, the judgment denying postconviction relief entered in the Superior

Court is vacated and the case is remanded to the Superior Court for further proceedings

consistent with this order

.

Chief Justice Sut tell did not participate.

Entered as an Order of this Court, this 24 th day of April, 2014

.

By Order,

___________ /s/

_________________ Clerk

- 2

-

### R HODE 

### I SLAND 

### S UPREME 

### C OURT 

### C LERK 

### ’ S 

### O FFICE



### Clerk’s Office Order/O pinion Cover Sheet

TITLE OF CASE: Jeremy M. Motyka v. State of Rhode Island.

CASE NO : No. 20 13

- 74

- Appeal.

COURT: Supreme Court

DATE ORDER FILED: April 2 4 , 2014

JUSTICES: Goldberg, Flaherty

, R obinson

, and Indeglia, JJ.

WRITTEN BY: N/A

– Court Order

SOURCE OF APPEAL: Newport County Superior Court

JUDGE FROM LOWER COURT :

Ass ociate Justice Melanie Wilk Thunberg

ATTORNEYS ON APPEAL :

For Applicant : Christopher S. Gontarz, Esq.

For State : Jeanine P. McConaghy

Department of Attorney General
<PAGE>   1

                                                                  EXHIBIT 4.2(b)

<TABLE>
<CAPTION>
Purchaser                                    Principal Amount of Senior Note

<S>                                                              <C>        
Wechsler & Co., Inc.                                             $ 1,250,000
105 South Bedford Road
Suite 310
Mount Kisco, NY 10543

The Laura Wanser Foundation                                      $    50,000
c/o May Management, Inc.
4550 Kruse Way #345
Lake Oswego, OR 97035

Key Trust Co N.A.,                                               $   300,000
TTEE For Reliable Credit
Association Employees Pension
Plan, A/C #0116260
c/o May Management, Inc.
4550 Kruse Way #345
Lake Oswego, OR 97035

U.S. Bank National Association                                   $   400,000
As Trustee for Reliable Credit
Association Profit Sharing Plan,
Account #97305370
c/o May Management, Inc.
4550 Kruse Way #345
Lake Oswego, OR 97035

Total                                                            $ 2,000,000
</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS FOR THE SIX MONTHS ENDED
MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                           1,711
<SECURITIES>                                         0
<RECEIVABLES>                                    4,684
<ALLOWANCES>                                       242
<INVENTORY>                                      1,355
<CURRENT-ASSETS>                                 8,145
<PP&E>                                           2,005
<DEPRECIATION>                                     785
<TOTAL-ASSETS>                                  11,973
<CURRENT-LIABILITIES>                            8,675
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        192
<COMMON>                                            60
<OTHER-SE>                                       2,953
<TOTAL-LIABILITY-AND-EQUITY>                    14,973
<SALES>                                          8,977
<TOTAL-REVENUES>                                 8,977
<CGS>                                            5,943
<TOTAL-COSTS>                                    5,943
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  97
<INCOME-PRETAX>                                (1,394)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,394)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,394)
<EPS-PRIMARY>                                    (.24)
<EPS-DILUTED>                                    (.24)
        

</TABLE>
[Federal Register Volume 66, Number 39 (Tuesday, February 27, 2001)]
[Notices]
[Page 12584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4705]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Environmental Impact Statement: Mendocino County, California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Intent.

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

SUMMARY: The FHWA is issuing this notice to advise the public that an 
environmental impact statement will be prepared for a proposed highway 
project in Mendocino County, near the town of Hopland, California.

FOR FURTHER INFORMATION CONTACT: C. Glenn Clinton, Team Leader, Program 
Delivery Team--North, Federal Highway Administration, 980 Ninth Street, 
Suite 400, Sacramento, California 95814-2724, Telephone: 916-498-5020.

SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the California 
Department of Transportation (Caltrans), will prepare an environmental 
impact statement (EIS) on a proposed project to construct a four lane 
freeway or expressway bypass of the community of Hopland, on Route 101 
in Southern Mendocino County. The project limits extend from kp 14.2 to 
22.5 (pm 8.8 to 14.0). The project is needed to reduce operational 
conflicts, accommodate existing and future traffic demand, reduce 
travel time, increase safety, improve air quality, reduce noise in 
Hopland and provide the facility concept identified in the ``Inter-
regional Transportation Strategic Plan''.
    Three aligments are being proposed at this time as well as a ``No 
Build'' alternative. All of the alignments potentially affect oak 
woodlands, riparian forest and pre-historic cultural resources. A 
Public Open House has been held to solicit opinions from the community 
and a Project Development Team has been formed to determine the scope 
of the project. There will be a public scoping meeting to discuss the 
proposed project and another opportunity for public comment on the 
draft environmental document during the circulation phase of the draft 
environmental impact statement (DEIS).
    To ensure that the full range of issues related to this proposed 
action is addressed and all significant issues identified, comments and 
suggestions are invited from all interested parties. The views of 
agencies that may have interest in the effect of the proposal on 
historic properties are specifically solicited. Comments or questions 
concerning this proposed action and the EIS should be directed to the 
FHWA at the address provided above.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Research, Planning and Construction. The regulations 
implementing Executive Order 12372 regarding intergovernmental 
consultation on Federal programs and activities apply to this 
program)

    Issued on February 15, 2001.
C. Glenn Clinton,
Team Leader, Program Delivery Team--North, Sacramento, California.
[FR Doc. 01-4705 Filed 2-26-01; 8:45 am]
BILLING CODE 4910-22-M
V

103D CONGRESS

1ST SESSION H. R. 2627

For the relief of Ovidio Javier Morla Paredes, Maria Estrada de Morla,

Javier Alfredo Morla Estrada, and Carlos Andres Morla Estrada.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 1993

Mr. FRANK of Massachusetts introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

For the relief of Ovidio Javier Morla Paredes, Maria Estrada

de Morla, Javier Alfredo Morla Estrada, and Carlos Andres Morla Estrada.

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

3 SECTION 1. PERMANENT RESIDENT STATUS FOR OVIDIO

4 JAVIER MORLA PAREDES, MARIA ESTRADA

5 DE MORLA, JAVIER ALFREDO MORLA

6 ESTRADA, AND CARLOS ANDRES MORLA

7 ESTRADA.

8 (a) IN GENERAL.—Notwithstanding section 201(a)

9 of the Immigration and Nationality Act, Ovidio Javier

10 Morla Paredes, Maria Estrada de Morla, Javier Alfredo
2

•HR 2627 IH

1 Morla Estrada, and Carlos Andres Morla Estrada shall

2 be eligible for issuance of an immigrant visa or for adjust3 ment of status to that of an alien lawfully admitted for

4 permanent residence upon filing an application for issu5 ance of an immigrant visa under section 204 of such Act

6 or for adjustment of status to lawful permanent resident.

7 (b) ADJUSTMENT OF STATUS.—If Ovidio Javier

8 Morla Paredes, Maria Estrada de Morla, Javier Alfredo

9 Morla Estrada, or Carlos Andres Morla Estrada enters the

10 United States before the filing deadline specified in sub11 section (c), he or she shall be considered to have entered

12 and remained lawfully and shall, if otherwise eligible, be

13 eligible for adjustment of status under section 245 of the

14 Immigration and Nationality Act as of the date of the en15 actment of this Act.

16 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

17 FEES.—Subsections (a) and (b) shall apply only if the ap18 plication for issuance of an immigrant visa or the applica19 tion for adjustment of status is filed with appropriate fees

20 within 2 years after the date of the enactment of this Act.

21 (d) REDUCTION OF IMMIGRANT VISA NUMBER.—

22 Upon the granting of an immigrant visa or permanent res23 idence to Ovidio Javier Morla Paredes, Maria Estrada de

24 Morla, Javier Alfredo Morla Estrada, and Carlos Andres

25 Morla Estrada, the Secretary of State shall instruct the
3

•HR 2627 IH

1 proper officer to reduce by 4, during the current or next

2 following fiscal year, the total number of immigrant visas

3 that are made available to natives of the country of the

4 aliens’ birth under section 203(a) of the Immigration and

5 Nationality Act or, if applicable, the total number of immi6 grant visas that are made available to natives of the coun7 try of the aliens’ birth under section 202(e) of such Act.

Æ
<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


In connection with this report of the Company on Form 10-K for the year ended
December 31, 2002, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Richard C. Birkmeyer, President and Chief
Executive Officer of the Company, hereby certify, based on my knowledge,
pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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.



Date:    March 28, 2003                  By:  /s/  Richard C. Birkmeyer
                                              ---------------------------------
                                              Richard C. Birkmeyer
                                              President and Chief
                                              Executive Officer
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 2 4 - 0068 ASHLEY LeANNE TINTINGER ,

P etitioner and Appellee,
v. SAMUEL VERNON TINTINGER ,

Respondent and Appellant.

**O RDER**  Upon consideration of Appellee ’s unopposed motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellee is granted an extension of time to and including July 19 , 202 4 , within which to prepare, file, and serve Appellee ’s Response brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 27 2024

06/27/2024

Case Number: DA 24-0068
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2782 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2782

  To transfer the Veterans' Employment and Training Service from the 
       Department of Labor to the Department of Veterans Affairs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 1993

 Mr. Montgomery (by request) introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To transfer the Veterans' Employment and Training Service from the 
       Department of Labor to the Department of Veterans Affairs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Veterans' 
Employment and Training Service, together with all functions, duties, 
and responsibilities relating thereto, is hereby transferred from the 
Department of Labor to the Department of Veterans Affairs.

                                 <all>
```
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
                        CONSENT OF INDEPENDENT AUDITORS
 
We consent to the incorporation by reference in (1) the Registration Statements
(Form S-3 No. 333-23611 dated April 10, 1997 and No. 333-45597 dated February 4,
1998) and the related Prospectuses of Pacific Gulf Properties Inc. (the
"Company") for the registration of $250,000,000 and $300,000,000, respectively,
of the Company's common stock, preferred stock, debt securities and warrants;
and (2) the Registration Statement (Form S-8, No. 33-73688) pertaining to the
Pacific Gulf Properties Inc. 1993 Share Option Plan, and the Registration
Statement (Form S-3 No. 33-92082) pertaining to the Pacific Gulf Properties Inc.
Dividend Reinvestment Plan of our report dated February 10, 1999, with respect
to the consolidated financial statements and related financial statement
schedule of Pacific Gulf Properties Inc. included in the Annual Report (Form
10-K) for the year ended December 31, 1998.
 
                                          /s/ ERNST & YOUNG, LLP
 
Newport Beach, California
March 29, 1999
[Federal Register Volume 66, Number 42 (Friday, March 2, 2001)]
[Notices]
[Page 13089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5085]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,342]


Gulf States Steel, Inc., Gadsden, AL; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, an investigation 
was initiated on November 20, 2000 in response to a worker petition 
which was filed on November 20, 2000 on behalf of workers at Gulf 
States Steel, Gadsden, Alabama.
    Since all workers at the subject firm were separated prior to 
November 23, 2000, workers are eligible to apply for Trade Adjustment 
Assistance benefits under a certification which was issued on November 
23, 1998, and covered all separations extending through November 23, 
2000 (TA-W-35,108). Consequently, further investigation in this case 
would serve no purpose, and the investigation has been terminated.

    Signed in Washington, DC, this 25th day of January, 2001.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 01-5085 Filed 3-1-01; 8:45 am]
BILLING CODE 4510-30-M
Exhibit
      23.1




Consent
      of Independent Registered Public Accounting Firm





Board
      of
      Directors


Mace
      Security International, Inc.





We
      have
      issued our report dated March 31, 2008 accompanying the consolidated financial
      statements included in the 2007 Annual Report of Mace Security International,
      Inc. and Subsidiaries on Form 10-K for the year ended December 31, 2007. We
      hereby consent to the incorporation by reference of said report in the
      Registration Statements of Mace Security International, Inc. on Forms S-3 (File
      No. 333-87981, filed September 28, 1999, amended December 27, 1999, File No.
      333-34096, filed April 5, 2000, File No. 333-34536, filed April 11, 2000, File
      No. 333-116527, filed June 16, 2004, amended September 24, 2004, and File No.
      333-122074, filed January 14, 2005, amended February 3, 2005); and Forms S-8
      (File No. 333-31757, filed on July 22, 1997 and File No. 333-93311, filed on
      December 21, 1999).







/s/ Grant
      Thornton LLP


Philadelphia,
      Pennsylvania


March
      31,
      2008
Exhibit 10.1(a)


 


LOAN AGREEMENT


 


Lender: Well Thrive Limited (hereafter “Party A”)


 


Borrower: Aerkomm Taiwan Inc. (hereafter “Party B”)


 


For the purpose of providing a working
capital loan to Party B, both parties agreed to enter into this agreement (“Loan Agreement”) with the following terms:


 


		1.	Party B wishes to borrow NT$80,000,000 (approximately U.S. $2,640,000) and Party A agrees to lend
such amount according to the terms and conditions of this agreement.



 


		2.	Party A will wire transfer the above loan amount in one transaction to Party B within seven (7)
days after the signing of this agreement.



 


		3.	The Loan Agreement shall remain effective until December 31, 2021. Party B shall repay the full
loan amount upon or prior to the expiration of the Loan Agreement.



 


		4.	The interest rate for the Loan Agreement shall be 5% per annum. However, if Party B repays the
full loan amount within one month, the interest shall be waived.



 


		5.	Party A shall pursue legal action if Party B does not repay the loan amount according to the terms
of this agreement.



 


		6.	This Loan Agreement is executed in two copies, one of which shall be held by each party respectively.



 


	Party A: Well Thrive Limited	/s/ Corporate Seal	 
	 	 	 
	Legal Representative: Sheng-Chun Chang	/s/ Personal Seal	 


 


Tax ID: Taiwan 54173268


 


Address: No. 77, Heng Yang Road, Chung
Cheng District, Taipei City, Taiwan


 


	Party B: Aerkomm Taiwan Inc.	/s/ Corporate Seal	 
	 	 	 
	Legal Representative: Chih-Ming Hsu	/s/ Personal Seal	 


 


Tax ID: Taiwan 50782227


 


Address: No. 13, Lane 120, Section 1, Neihu
Road, Neihu District, Taipei City, Taiwan
**Exhibit 31.1****CERTIFICATIONS**I, Larry D. Key, President and C.E.O., certify that: 1. I have reviewed this quarterly report on Form 10-QSB of GBC Bancorp, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations, and cash flows of the small business issuer as of, andfor, the periods presented in this report;  4. The small business issuer’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in ExchangeAct Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the small business issuer,including its consolidated subsidiary, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;(b) Evaluated the effectiveness of the small business issuer’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and(c) Disclosed in this report any change in the small business issuer’sinternal control over financial reporting that occurred during the smallbusiness issuer’s most recent fiscal quarter that has materially affected, oris reasonably likely to materially affect, the small business issuer’s internalcontrol over financial reporting; and 5. The small business issuer’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, to the smallbusiness issuer’s auditors and the audit committee of the small business issuer’s boardof directors:(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the small business issuer’s ability to record,process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the small business issuer’s internalcontrol over financial reporting.August 10, 2006       /s/ Larry D. Key Larry D. Key, President and C.E.O.(Principal Executive Officer)