alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. No. A-1-CA-36150

5 BRIAN DALY, 

6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY

8 Matthew E. Chandler, District Judge

9 Hector H. Balderas, Attorney General

10 Santa Fe, NM 

11 Andrea Rowley, Assistant Attorney General

12 Clovis, NM

13 for Appellee

14 Harmon Barnett Morris, P.C.

15 Tye C. Harmon

16 Clovis, NM

17 for Appellant

18 MEMORANDUM OPINION

19 HANISEE, Judge.
2

1 {1} Summary dismissal was proposed for the reasons stated in the notice of

2 proposed summary disposition. No memorandum opposing summary dismissal has

3 been filed and the time for doing so has expired. DISMISSED.

4 {2} IT IS SO ORDERED.

5 

6 J. MILES HANISEE, Judge

7 WE CONCUR:

8 

9 STEPHEN G. FRENCH, Judge 

10 

11 HENRY M. BOHNHOFF, Judge
Exhibit 31.01

      CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO RULE 13a-14

         I, Jason McDiarmid, certify that:

         1. I have reviewed this Form 10-QSB of Essential Innovations Technology
Corp.;

         2. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

         3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

         4. The small business issuer's other certifying officer(s) and I are
responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small
business issuer and have:

         (a) designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the small business issuer,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being
prepared;

         (b) evaluated the effectiveness of the small business issuer's
disclosure controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; and

         (c) disclosed in this report any change in the small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's fourth
fiscal quarter in the case of an annual report) that has materially affected, or
is reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

         5. The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of the small business issuer's board of directors (or persons
performing the equivalent functions):

         (a) all significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely 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
other employees who have a significant role in the small business issuer's
internal control over financial reporting.

Date: September 20, 2004


/s/ Jason McDiarmid
-----------------------------
Jason McDiarmid
Principal Executive Officer
<PAGE>   1
23. Consent of experts



                       CONSENT OF INDEPENDENT ACCOUNTANTS
                       ----------------------------------

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 33-2496) of Keithley Instruments, Inc. of our report
dated November 17, 1997 appearing on page 30 of the Annual Report to
Shareholders which is incorporated in this Annual Report on Form 10-K. We also
consent to the incorporation by reference of our report on the Financial
Statement Schedule, which appears on page 20 of this Form 10-K.




PRICE WATERHOUSE LLP

Cleveland, Ohio
December 22, 1997
**EXHIBIT 31.1**

 

CERTIFICATION

 

I, James R. Latimer, III, certify that:

 

1.               I have reviewed this quarterly report on Form 10-Q, as amended, of Cano Petroleum, Inc.; and

 

2.               Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.

 

3.               [Intentionally omitted.]

 

4.               [Intentionally omitted.]

 

5.             [Intentionally omitted.]

 
|   | Date:    March   9, 2011 |
|--------|----------------------------------------------|
|   |                                         |
|   | /s/   James R. Latimer, III                  |
|   |                                         |
|   | James   R. Latimer, III                      |
|   | Chief   Executive Officer                    |

 

----
No. 55272.

#### The Geo. Ross Co. *v.*United States,

protests 142496-K, etc. (New York).

Opinion by

Johnson, J.

At the trial it was stipulated that the items in question consist of decorated earthenware having a body including the engobe or body slip, not artificially colored, and composed wholly of clay. In accordance with stipulation of counsel it was held that the merchandise in question consists of earthenware articles composed of a nonvitrified absorbent body, not artificially colored and composed wholly of clay, which articles are painted, colored, tinted, stained, enameled, gilded, printed, ornamented, or decorated. The claim of the plaintiff was therefore sustained.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF

X.E.V.,

A CHILD. §

§

§

§

§

§ No. 08

- 20

- 00160

- C V

Appeal from the

65th District Court

of El Paso County, Texas

(TC# 2019DCM2502 )

J U D G M E N T

The Court has considered this cause on the record and concludes there was error in the

judgment. We therefore reverse the trial court’s judgment based on the failure to notify relevant

tribal authorities under the ICWA and remand for further proceedings consistent with this opinion.

It appearing to this Court that Appellant is indigent for purposes of appeal, this Court makes no

other order with respect to costs.

IT IS SO ORDERED THIS 23RD DAY OF NOVEMBER, 2020.

GINA M. PALAFOX, Justice

Before Rodriguez, J., Palafox, J., and Chew, C.J. (Senior Judge)

Chew, C.J. (Senior Judge), sitting by assignment
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We haveissued our reports dated March 15, 2010, with respect to the consolidated financial statements, schedule, and internal control over financial reporting included in the Annual Report of OpenTV Corp. and subsidiaries on Form 10-K for the yearended December 31, 2009. We hereby consent to the incorporation by reference of said reports in the Registration Statements of OpenTV Corp. on Form S-8 (No. 333-37196, effective May 17, 2000, No. 333-42892, effective August 2,2000, No. 333-52180, effective December 19, 2000, No. 333-74026, effective November 27, 2001, No. 333-115373, effective May 11, 2004, No. 333-130560, effective December 21, 2005, and No 333-145720, effectiveAugust 27, 2007). 

 

/s/ GRANT THORNTON LLP 

San Francisco, California 

March 15, 2010
**EXHIBIT 32.1**

CERTIFICATION PURSUANT 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 CanoPetroleum, Inc. (the “Company”) on Form 10-Q for the quarter endedSeptember 30, 2006 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, S. Jeffrey Johnson, Chief Executive Officerof the Company, certify to my knowledge, pursuant to 18 U.S.C. section 906of the Sarbanes-Oxley Act of 2002, that:

(1)  The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities andExchange Act of 1934; and

(2)  The information contained in the Reportfairly presents, in all material respects, the financial condition and result ofoperations of the Company, as of , and for, the periods presented in theReport.

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

The foregoing certification is being furnished as anexhibit to the Form 10-Q pursuant to Item 601(b)(32) of Regulation S-K andSection 906 of the Sarbanes-Oxley Act of 202 (subsections (a) and(b) of Section 1350, Chapter 63 of Title 18, United States Code) and,accordingly, is not being filed as part of the Form 10-Q for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended, and is notincorporated by reference into any filing of the Company, whether made beforeor after the date hereof, regardless of any general incorporation language insuch filing.

 
| November 14, 2006 | /s/ S. Jeffrey Johnson  |   |
|-------------------|-------------------------|--------|
|              | S. Jeffrey Johnson      |   |
|              | Chief Executive Officer |   |

 

----
**EXHIBIT 32.1**

CERTIFICATION PURSUANT 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 CanoPetroleum, Inc. (the “Company”) on Form 10-Q for the quarter endedDecember 31, 2006 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, S. Jeffrey Johnson, Chief Executive Officer ofthe Company, certify to my knowledge, pursuant to 18 U.S.C. section 906 ofthe Sarbanes-Oxley Act of 2002, that:

(1)  The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities andExchange Act of 1934; and

(2)  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company, as of , and for, the periods presented in theReport.

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

The foregoing certification is being furnished as anexhibit to the Form 10-Q pursuant to Item 601(b)(32) of Regulation S-K andSection 906 of the Sarbanes-Oxley Act of 202 (subsections (a) and(b) of Section 1350, Chapter 63 of Title 18, United States Code) and,accordingly, is not being filed as part of the Form 10-Q for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended, and is notincorporated by reference into any filing of the Company, whether made beforeor after the date hereof, regardless of any general incorporation language insuch filing.
| February 9, 2007 | /s/ S. Jeffrey Johnson  |   |
|------------------|-------------------------|--------|
|             | S. Jeffrey Johnson      |   |
|                  | Chief Executive Officer |   |

 

----
Exhibit 31.1
 CERTIFICATION PURSUANT TO RULE 13a-14(a)
      a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information relating
to the registrant, including its consolidated subsidiaries, is made known to us by others
within those entities, particularly during the period in which this report is being prepared;b)
    
    Designed such internal control over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting and the preparation of financial
statements for external purposes in accordance with generally accepted accounting principles;c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
andd)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
  a)
    
    All significant deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonably likely to adversely affect the
registrants ability to record, process, summarize and report financial information; andb)
    
    Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
  /s/ Gordon F. DuGanGordon F. DuGanChief Executive Officer
DISMISS and Opinion Filed May 6, 2022 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00972-CV 

MICHELLE ROSE, Appellant 

V. 

BROOKFIELD PROPERTIES, Appellee 

On Appeal from the County Court at Law No. 4 

Dallas County, Texas 

Trial Court Cause No. CC-21-04124-D 

MEMORANDUM OPINION 

Before Chief Justice Burns, Justice Molberg, and Justice Smith 

Opinion by Justice Smith 

After appellant failed to timely file her brief, we directed appellant by postcard 

to file the brief within ten days and cautioned her that failure to do so would result 

in the dismissal of this appeal without further notice. See TEX. R. APP. P. 38.8(a)(1). 

To date, appellant has not filed her brief or otherwise corresponded with the Court 

regarding the status of this appeal. 

 
 –2– 

 Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.3(a)(1); 

42.3(b),(c). 

210972F.P05 

 

/Craig Smith/

CRAIG SMITH 

JUSTICE 
 –3– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

MICHELLE ROSE, Appellant 

No. 05-21-00972-CV V. 

BROOKFIELD PROPERTIES, 

Appellee 

 On Appeal from the County Court at 

Law No. 4, Dallas County, Texas 

Trial Court Cause No. CC-21-04124-

D. 

Opinion delivered by Justice Smith. 

Chief Justice Burns and Justice 

Molberg participating. 

 In accordance with this Court’s opinion of this date, the appeal is 

DISMISSED. 

Judgment entered May 6, 2022
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration # 10821 and # 10822] 

# AGENCY:

U.S. Small Business Administration. 

# ACTION:

Amendment 1. 

# SUMMARY:

                        This is an amendment of the Presidential declaration of a major disaster for the State of Alabama (FEMA-1687-DR), dated 3/3/2007.                               ( print page 11420)    

*Incident:*                         Severe Storms and Tornadoes.                     

*Incident Period:*                         3/1/2007.                     

# DATES:

*Effective Date:*                         3/6/2007.                     

*Physical Loan Application Deadline Date:*                         5/2/2007.                     

*EIDL Loan Application Deadline Date:*                         12/3/2007.                     

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road,  Fort Worth, TX 76155. 

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. 

# SUPPLEMENTARY INFORMATION:

The notice of the Presidential disaster declaration for the State of Alabama, dated 3/3/2007 is hereby amended to include the following areas as adversely affected by the disaster: 

*Primary Counties:*                     Dale, Dallas, Henry, Montgomery, Wilcox,                 

*Contiguous Counties:*

Alabama: Autauga, Barbour, Bullock, Butler, Chilton, Clarke, Elmore, Houston, Lowndes, Macon, Marengo, Monroe, Perry 

Georgia: Clay, Early 

All other information in the original declaration remains unchanged. 

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008.)

Herbert L. Mitchell, 

Associate Administrator for Disaster Assistance.

[FR Doc. E7-4551 Filed 3-12-07; 8:45 am] 

BILLING CODE 8025-01-P
No. 63127.

#### D’Italia Sportswear, Ltd. *v.*United States,

protest 58/19316 (New York).

Opinion by

Richardson, J.

In accordance with rule 5(b) of the rules of this court, as amended, the protest was dismissed for lack of prosecution.
Exhibit 32

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


     The  undersigned  hereby  certifies,  pursuant  to, and as required  by, 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002,  that the  Amendment  No. 1 to Annual  Report of  Nathaniel  Energy
Corporation  (the  "Company") on Form 10-KSB/A for the period ended December 31,
2003 fully  complies  with the  requirements  of  Section  13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended,  and that information  contained in
such Amendment No. 1 to Annual Report on Form 10-KSB/A fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.



Dated:   March 30, 2005
                                        /s/ George A. Cretecos
                                       --------------------------------
                                        George A. Cretecos
                                        Chief Operating Officer
                                        (Principal Executive Officer
                                        and Principal Accounting Officer)
FILED

United States Court of Appeals

Tenth Circuit

October 21, 2014

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

WILFORD CARL THOMPSON, JR., 

Petitioner - Appellant,

v.

TERRY MARTIN, Warden,

Respondent - Appellee.

No. 14-5037

(D.C. No. 4:10-CV-00738-TCK-TLW)

(N.D. Okla.)

ORDER DENYING CERTIFICATE OF APPEALABILITY*

Before HARTZ, McKAY, and MATHESON, Circuit Judges.

Petitioner Wilford Thompson seeks a certificate of appealability to appeal the

district court’s denial of his § 2254 federal habeas petition. Petitioner is currently serving

a life sentence following his Oklahoma state court convictions for first-degree murder,

possession of a stolen vehicle, and first-degree burglary. In his federal habeas petition,

Petitioner raised several claims for relief, including two jury instruction challenges, an

argument relating to the introduction of evidence regarding his prior convictions during

the sentencing phase of his jury trial, multiple allegations of ineffective assistance of

*

 This order is not binding precedent except under the doctrines of law of the case,

res judicata, and collateral estoppel. It may be cited, however, for its persuasive value

consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
counsel, and a claim of cumulative error. The district court denied Petitioner’s request for

habeas corpus in a twenty-nine page opinion that explained in detail why each claim did

not entitle Petitioner to relief under federal law. 

In his application for a certificate of appealability, Petitioner focuses on his

arguments relating to the lack of a jury instruction on lesser-included offenses, the

introduction of his prior convictions during the sentencing phase of his trial, defense

counsel’s alleged ineffectiveness relating to these two issues, and his claim of cumulative

error. As the district court explained, a state court’s failure to instruct the jury on lesserincluded offenses in a non-capital case does not give rise to habeas relief. See Lujan v.

Tansy, 2 F.3d 1031, 1036 (10th Cir. 1993). As for the evidence of Petitioner’s prior

convictions during the sentencing phase of his trial, this error only had the potential to

affect Petitioner’s sentence, and the Oklahoma Court of Criminal Appeals already granted

Petitioner all the relief to which he was entitled by modifying his sentence from life

without parole to the statutory minimum sentence of life with the possibility of parole. 

Petitioner’s arguments on these points also fail to demonstrate that his attorney provided

ineffective assistance or that these alleged errors cumulatively deprived him of a fair trial.

After thoroughly reviewing Petitioner’s filings and the record on appeal, we

conclude that reasonable jurists would not debate the district court’s resolution of this

case. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, for substantially 

-2-
the same reasons given by the district court, we DENY Petitioner’s request for a

certificate of appealability and DISMISS the appeal. 

ENTERED FOR THE COURT

Monroe G. McKay

Circuit Judge

-3-