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

Lansing, Michigan

Clifford W. Taylor,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Marilyn Kelly

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman,

 Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

July 19, 2006 

d0712 

Order 

 

July 19, 2006 

130590 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 130590 

 COA: 267331 

Wayne CC: 02-006650-01 

FRANK DAVID MILLER, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the February 6, 2006 

order of the Court of Appeals is considered. The defendant alleges that after appointed 

appellate counsel missed the jurisdictional deadline for filing an application for leave to 

appeal to the Court of Appeals, counsel filed a motion for relief from judgment without 

the defendant’s permission. The defendant further alleges that he did not discover these 

facts until after the Court of Appeals denied the application for leave to appeal the denial 

of counsel’s motion for relief from judgment. Assuming, without deciding, that these 

allegations are true, defendant still must meet the requirements of MCR 6.508(D). 

Accordingly, the defendant’s application for leave to appeal is DENIED, because he has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

 KELLY, J., would remand this case for a hearing pursuant to People v Ginther, 390 

Mich 436 (1973).
#### The People of the State of New York, Plaintiff, *v.*Donald Coalts, Defendant.

County Court, Dutchess County,

January 13, 1959.

*Donald Coalts,*defendant in person.

*Raymond C. Baratta, District Attorney (John R. Heilman, Jr.,*of counsel), for plaintiff.

W. Vincent Grady, S.

Honorable John R. Schwartz, Dutchess County Judge has disqualified himself in the within matter on the ground that he was District Attorney at the time of this conviction, and has certified the same to the Surrogate of Dutchess County pursuant to section 73-a of the Civil Practice Act and section 44 of the Code of Criminal Procedure.

This is an application in the nature of a writ of error *coram nobis,*by the defendant Donald Coalts, who is now confined to *79Green Haven Prison under a conviction of forgery in the second degree, had in Schenectady County in 1941, under which judgment defendant was given a sentence as a second felony offender of 10 to 20 years in State prison.

It is petitioner’s contention that a previous conviction in Dutchess County in 1937 was a misdemeanor and not a felony and therefore his second conviction in Schenectady County should have been as a first offender.

The defendant contends that the record of conviction in Dutchess County on his 1937 conviction is not complete and therefore erroneous in that it fails to show that restitution was made and that defendant was permitted to plead to a reduced charge of petit larceny, a misdemeanor.

District Attorney Raymond C. Baratía, Esq., of Dutchess County, by John R. Heilman, Jr., Assistant District Attorney opposes the application and calls the court’s attention to the fact that this defendant made a previous application to this court in 1953 for a writ of error *coram nobis,*based upon the allegation that he was not represented by counsel and also on the ground that at no time prior to the entry of the plea of guilty was the defendant advised of his rights to counsel. This writ of error *coram nobis*was denied by Hon. John P. Donohoe, Putnam County Judge, acting in Dutchess County. This decision was appealed, but the appeal was never perfected and it appears that the motion to dismiss for failure to perfect was granted.

After reading the petition, the affidavit in opposition, and after a perusal of the record, and after due deliberation thereon, the court decides and finds as follows:

The records of the Dutchess County Court disclose that on November 23, 1937, defendant appeared in open court represented by an attorney, Alexander C. Dow, Esq., was arraigned and pleaded guilty to the indictment of forgery second degree. Sentence was deferred from time to time to December 14, 1937, when defendant appeared in open court with his attorney and was sentenced to the Dutchess County Jail for a period of three months.

In the opinion of the court the record refutes the allegations of the defendant’s petition, and the application of defendant for a hearing and for a writ of error *coram nobis*should be denied and his petition dismissed.
**Exhibit 32.1**

 

Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549

 

RE:                   Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

 

Ladies and Gentlemen:

 

In connection with the Quarterly Report of SandRidge Mississippian Trust II (the “Trust”) on Form 10-Q for the quarterly period ended June 30, 2016 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, not in its individual capacity but solely as the Trustee of the Trust, certifies pursuant to 18 U.S.C. § 1350, that to its knowledge:

 

(1)                                     The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

 

(2)                                     The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.

 

The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Report or as a separate disclosure document.

 

 
|   | /s/ Sarah Newell                                                                                  |
|--------|---------------------------------------------------------------------------------------------------|
|   | Sarah   Newell                                                                                    |
|   | Vice President                                                                                    |
|   | The Bank of New York Mellon Trust Company,   N.A., as Trustee of SandRidge Mississippian Trust II |

 

August 8, 2016

 

----
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IN THE SUPREME COURT OF THE STATE OF MONTANA No. 24
- 0079 IN THE MATTER OF L.S.M., Respondent and Appellant. **ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including June 19 , 202 4 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

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

May 13 2024

05/13/2024

Case Number: DA 24-0079
#### Krause v. Davis County.

1. Bridges: damages: liability of county. Counties are liable for injuries resulting from defects in bridges upon public highways, erected and maintained by them. -

*Appeal from Davis Circuit Court.*

Thursday, October 5.

A sufficient statement of the facts is contained in the opinion.

*142*Traverse da*Eichelberger, for appellant.

*Trimble <£*Carruthers, for appellee.

Seevers, Ch. J.

Counsel for the appellant in a very voluminous and able argument ask us to review and overrule the many decisions made by this court, holding that counties are liable for injuries caused by reason of defective bridges, on public highways, built, erected or kept in repair by such counties. The first decision on this subject was made in *Wilson & Gustin v. Jefferson County,*13 Iowa, 181, and the last in *Huston v. Iowa County,*not yet reported. Between these there have been some ten other cases involving the same question determined.

During this time the members of the court have frequently changed, notwithstanding which the first decision made has been steadily adhered to, and at no time has there been a dissenting opinion filed.

Besides this, the decisions have been made at intervals through a period of fifteen years, and the General Assembly has not seen proper to in any manner, as it was entirely competent to do by legislative enactment, relieve counties of this burden. We must, therefore, presume that the principle announced in these decisions has met the approbation of the people of the State.

We cannot, therefore, at this late day regard this as an original question, and occupy either time or space in satisfying counsel that the rulings heretofore made are correct.

The judgment of the Circuit Court must be

Affirmed.
## State of N ew York Su p reme C ou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: September 18, 2014 518093

________________________________ In the Matter of the Claim of SHAWN M. RIGGINS, Appellant. MEMORANDUM AND ORDER COMMISSIONER OF LABOR, Respondent.

________________________________ Calendar Date: August 4, 2014 Before: Lahtinen, J.P., Stein, McCarthy, Garry and Lynch, JJ.

__________ Shawn A. Riggins, West Haven, Connecticut, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.

__________ Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 11, 2013, which denied claimant's application to reopen a prior decision. In August 2011, the Department of Labor issued an initial determination which found, among other things, that claimant was ineligible to receive unemployment insurance benefits because his employment was terminated due to misconduct following a positive result of a drug test. After claimant failed to attend a September 2011 hearing on the matter, the Administrative Law Judge (hereinafter ALJ) rendered a default decision against him, but granted him leave to move to reopen the decision within a reasonable time. In August 2012, claimant applied to reopen the decision. At the subsequent hearing, claimant stated that it took him 11 months to apply to reopen the decision because he believed that the drug test was fraudulent and he was waiting for-2- 518093

the results of an investigation by the Inspector General's office into the circumstances surrounding the test. Claimant submitted no results from said investigation at the hearing, and, thereafter, the ALJ concluded that claimant had failed to apply to reopen the decision within a reasonable period of time without good cause. The Unemployment Insurance Appeal Board affirmed the ALJ's decision and claimant now appeals. Under these circumstances, we find no reason to disturb the Board's determination that claimant failed to demonstrate good cause for not applying to reopen the default decision within a reasonable time (see 12 NYCRR 461.8; Matter of Stich [Commissioner of Labor], 265 AD2d 792, 792-793 [1999]; Matter of Peters [Sweeney], 223 AD2d 919, 919 [1996]). Accordingly, claimant's arguments relating to the underlying merits of the denial of his application for unemployment insurance benefits are not properly before this Court (see Matter of Popescu [Commissioner of Labor], 16 AD3d 757, 758 [2005]). Lahtinen, J.P., Stein, McCarthy, Garry and Lynch, JJ., concur.

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court
EXHIBIT 32


CERTIFICATION PURSUANT TO SECTION 906

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned officer of Xtreme Healthcare COrporation
(the "Company"), hereby certify to my knowledge
that:

The Report on Form 10-Q for the period ended March 31,
2012 of the Company fully complies, in all material respects,
with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the
Report fairly represents, in all material respects, the
financial condition and results of operations of the Company.

A signed original of this written statement required by Section
906 has been provided to the Company and will be retained by
the Company and furnished to the Securities and Exchange
Commission or its staff upon request.


                             /s/ James Cassidy
                                 Chief Executive Officer
                                 Chief Financial Officer
Date: May 15, 2012
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EXHIBIT 32.2   CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Michael Cothill, the Chief Accounting and Financial Officer of Hammer Fiber Optics Holdings Corp., certify, under the standards set forth and solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Quarterly Report on Form 10-Q of the Registrant for the period ended January 31, 2017, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Registrant.  (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.  Date: March 22, 2017Hammer Fiber Optics Holdings Corp.By:/s/  Michael CothillName:  Michael Cothill
Title:    Chief Accounting and Financial Officer  A signed original of this written statement required by Section 906 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.