alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-56,850-03

EX P ARTE TEDRICK EARL JENNING S, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. CR31982 IN THE 385 DISTRICT COURT T H F ROM MID LAND COUNTY

Per curiam . O P I N I O N Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Te x . C ri m . App. 1967). Applicant was convicted of ag g rava ted assault and se ntence d to ten y ear s’ imprisonment. He did not appea l his conviction. Applicant contends that his plea was involuntary beca use the p l ea agreement cannot be followed. Trial counsel filed an aff idavit with the trial court. Ba sed on that aff idavit and the written plea ag ree ment in this case , the trial court deter mined that Applicant pled g uilty pursuan t t o an ag ree ment that this sentenc e would run concur rently with a fede ral sentenc e. The fede ral sentenc e is not running concur

rently with this sentenc e. Applicant is entitled to relief

. Ex parte Huerta , 6922

S.W .2d 681 (Tex. Crim. App. 1985). Relief is g rante d. The judgme nt in Cause No. CR31982 in the 385 Distri ct Court of t h Midl an d County is set aside, and Applicant is rema nded to the custody of the Sheriff of Midland County to answe r the char g e ag ainst him as set out in the indictment. The trial court shall issue any

nece ssary bench w arr ant within 10 day s after the mandate of this Court issues. Co p ie s o f th is o p in io n shall be sent to the Texas Depa rtment of Criminal J ustice–Corre cti o n a l I nstitut ions Division and Pardons and Paroles Division.

Deliver ed: J anuar

y 15, 2014 Do not publish
**Exhibit 23.1**

 

Consent of Independent Registered Public Accounting Firm

 

The Board of Directors 

Diedrich Coffee, Inc.:

 

We consent to the incorporation by reference in the registration statements(Nos. 333-111669, 333-66744, 333-74626, 333-52190, 333-61269, 333-50412) on Form S-8 and Form S-3 of Diedrich Coffee, Inc. of our report dated August 20, 2004, with respect to the consolidated balance sheets of Diedrich Coffee, Inc. and subsidiariesas of June 30, 2004 and July 2, 2003, and the related consolidated statements of operations, stockholders’ equity and cash flows for each of the years in the three-year period ended June 30, 2004, and the related financial statement schedule,which report appears in the June 30, 2004, annual report on Form 10-K of Diedrich Coffee, Inc. 

 

/s/    KPMG LLP 

Costa Mesa, California 

October 5, 2004
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 1281

_____________________________
M ICHAEL G REEN , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Russell Healey , Judge

. July 16, 2019

P ER C URIAM

. In his petition for habeas corpus, the appellant attempt s to collaterally attack his judgments and sentences for the third time

. The trial court correctly determined that the appellant is not entitled to relief

. A petition for habeas corpus is not available to seek collateral postconviction relief. Baker v. State , 878 So. 2d 1236, 1242 (Fla. 2004). If we review the appellant’s petition as a motion for postconviction relief , the motion is time

- barred because the appellant’s judgments and sentences became final more than two years prior to him filing the instant motion

. See Fla. R. Crim. P. 3.850(b); Green v. Sta te , 169 So. 3d 1166 (Fla. 1st DCA 2015) (Table).

A FFIRMED

.2 L EWIS , B.L. T HOMAS , and R OBERTS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Michael Green, pro se
, Appellant.

Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee
, for Appellee.
EXHIBIT 31.2

              CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO
                      SECTION 302 OF THE SARBANES-OXLEY ACT

I, Roger Arnet, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of WestCoast Golf
     Experiences, Inc.;

2.   Based on my knowledge, this quarterly 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 quarterly report;

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

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures 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 quarterly
          report is being prepared;
     b.   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and
     c.   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, to the registrant's
     auditors and the audit committee of registrant's board of directors (or
     persons performing the equivalent functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and
     b.   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6.   I have indicated in this quarterly report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
7th day of December, 2007.


/s/ Roger Arnet
-------------------------------
Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE>                  5

<S>                                                  <C>
<PERIOD-TYPE>                                        12-MOS
<FISCAL-YEAR-END>                                    MAR-31-2000
<PERIOD-END>                                         MAR-31-2000
<CASH>                                               523,352
<SECURITIES>                                         2,332,268
<RECEIVABLES>                                        000
<ALLOWANCES>                                         000
<INVENTORY>                                          000
<CURRENT-ASSETS>                                     000
<PP&E>                                               000
<DEPRECIATION>                                       000
<TOTAL-ASSETS>                                       21,702,984<F1>
<CURRENT-LIABILITIES>                                000
<BONDS>                                              000
<COMMON>                                             000
<PREFERRED-MANDATORY>                                000
<PREFERRED>                                          000
<OTHER-SE>                                           21,406,997
<TOTAL-LIABILITY-AND-EQUITY>                         21,702,984<F2>
<SALES>                                              000
<TOTAL-REVENUES>                                     235,508<F3>
<CGS>                                                000
<TOTAL-COSTS>                                        000
<OTHER-EXPENSES>                                     665,462<F4>
<LOSS-PROVISION>                                     000
<INTEREST-EXPENSE>                                   000
<INCOME-PRETAX>                                      000
<INCOME-TAX>                                         000
<INCOME-CONTINUING>                                  000
<DISCONTINUED>                                       000
<EXTRAORDINARY>                                      000
<CHANGES>                                            000
<NET-INCOME>                                         (3,006,310)<F5>
<EPS-BASIC>                                        (43.18)
<EPS-DILUTED>                                        000
<FN>
<F1>Included in Total assets: Investments in Local Limited Partnerships of
$18,818,290 and Other assets of $29,074
<F2>Included  in Total  liabilities  and equity:  Deferred  revenue of $131,198,
Accounts  payable to  affiliates  of $121,184 and  Accounts  payable and accrued
expenses of $43,605  <F3>Included  in Total revenue:  Investment of $156,312 and
Other  revenue  of  $79,196   <F4>Included  in  Other   expenses:   General  and
administrative  of $219,794,  Asset  management fees of $247,331,  Provision for
valuation  of  investment  in  Local   Limited   Partnership   of  $174,739  and
Amortization  of  $23,598  <F5>Included  in Net Loss:  Equity in losses of Local
Limited   Partnerships  of  $(2,576,356)
 </FN>


</TABLE>
<PAGE>

                                                                    EXHIBIT 31.1

                                  CERTIFICATION

     I, Donald R. (Scotty) Walsh, certify that:

     1. I have reviewed this Annual Report on Form 10-K of Avatech Solutions,
Inc.;

     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 Registrant as
of, and for, the periods presented in this report;

     4. The Registrant's other certifying officer 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 Registrant and have:

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;

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; and

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

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

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; and

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.


Date: September 29, 2003                       /s/ Donald R. (Scotty) Walsh
                                               ---------------------------------
                                               Donald R. (Scotty) Walsh
                                               Chief Executive Officer
Exhibit 32.1



Certification of Chief Executive Officer

Pursuant to

Section 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. 1350)



In connection with
the Quarterly Report on Form 10-Q for the quarter ended March 31, 2014 (the “Report”) of VII Peaks Co-Optivist
Income BDC II, Inc. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I,
Gurpreet S. Chandhoke, the Chief Executive Officer and President, hereby certify, to the best of my knowledge, that:



| | (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.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



| | By: | /s/ Gurpreet S. Chandhoke                                                                            
| | --- | -----------------------------------------------------------------------------------------------------
| |     | Gurpreet S. Chandhoke                                                                                
| |     | Chairman of the Board of Directors,Chief Executive Officer and President(Principal Executive Officer)
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00061-CV

Southern County Mutual Insurance Company, Appellant

v.

Charles Choukalos, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT, 

NO. GN 022247, HONORABLE W. JEANNE MEURER., JUDGE PRESIDING

M E M O R A D U M O P I N I O N

The parties have filed an agreed motion to dispose of this case pursuant to a

settlement agreement. The parties request that this Court reverse and remand the trial court’s

judgment to allow for entry of a final judgment consistent with their settlement agreement.

The judgment of the trial court is reversed and the cause remanded for the entry of

final judgment consistent with the parties’ settlement agreement. Tex. R. App. P. 43.2(d).

 

Mack Kidd, Justice

Before: Justices Kidd, Patterson and Puryear

Reversed and Remanded on Agreed Motion

Filed: July 24, 2003
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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**

 

Inconnection with the Form 10-Q of Redpoint Bio Corporation (the “Company”)for the period ended September 30, 2010 as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned, ScottM. Horvitz, Chief Financial and Operating Officer and Treasurer of the Company,hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

 

(1) TheReport fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

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

 
| Dated: November 12, 2010 | /s/  Scott M. Horvitz                                                    |
|-------------------------------|--------------------------------------------------------------------------|
|                          | Scott  M. Horvitz                                                        |
|                          | Chief Financial and Operating Officer  and Treasurer |
|                          | (Principal  Financial and Accounting Officer)                            |

 

----

* A signed original of this written statementrequired by Section 906 has been provided to Redpoint Bio Corporation andwill be retained by Redpoint Bio Corporation and furnished to the Securitiesand Exchange Commission or its staff upon request.

 

1

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1504 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1504

To provide that Federal courts shall not dismiss complaints under rule 
 12(b)(6) or (e) of the Federal Rules of Civil Procedure, except under 
 the standards set forth by the Supreme Court of the United States in 
                 Conley v. Gibson, 355 U.S. 41 (1957).

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2009

  Mr. Specter introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To provide that Federal courts shall not dismiss complaints under rule 
 12(b)(6) or (e) of the Federal Rules of Civil Procedure, except under 
 the standards set forth by the Supreme Court of the United States in 
                 Conley v. Gibson, 355 U.S. 41 (1957).

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Notice Pleading Restoration Act of 
2009''.

SEC. 2. DISMISSAL OF COMPLAINTS IN FEDERAL COURTS.

    Except as otherwise expressly provided by an Act of Congress or by 
an amendment to the Federal Rules of Civil Procedure which takes effect 
after the date of enactment of this Act, a Federal court shall not 
dismiss a complaint under rule 12(b)(6) or (e) of the Federal Rules of 
Civil Procedure, except under the standards set forth by the Supreme 
Court of the United States in Conley v. Gibson, 355 U.S. 41 (1957).
                                 <all>
```