alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order filed, December 5, 2019.

In The

Fourteenth Court of Appeals

____________

NO. 14-19-00052-CR

____________

EX PARTE JAIME V. MANCILLA

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 1046871A

ORDER

On July 23, 2019, this appeal was abated for a hearing. The trial court was 

directed to have a supplemental reporter’s record containing the transcribed record 

of the hearing and a supplemental clerk’s record containing the trial court’s 

findings of fact and conclusions of law, and a certification of the right to appeal 

filed with the clerk of this court on or before September 18, 2019. See Tex. R. 

App. P. 35.1. The supplemental clerk’s record was filed in this court on November 

26, 2019. It contains the trial court’s findings of fact and conclusions of law but 

does not contain a certification of the right to appeal. The supplemental reporter’s 

record containing the transcribed record of the hearing has not been filed.
We direct the trial court to file a supplemental clerk’s record within 10 days 

of the date of this order containing a certification of the right to appeal. See Tex. R. 

App. P. 25.2(a)(2), (d), (e).

Further, we order the Lindsay Arredondo, the official court reporter of the 

351st District Court, to file a supplemental reporter’s record of the hearing within 

10 days of the date of this order. 

PER CURIAM

Panel Consists of Chief Justice Frost and Justices Christopher and Bourliot.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 1981** 

WARREN K. GLADDEN , Plaintiff

– Appellant ,

v. U.S. DEPARTMENT OF THE ARMY, John McHugh, Secretary , Defendant

- Appellee
.

Appeal from the United States District Co urt for the District of Maryland , at Greenbelt
. Peter J. Messitte, Senior District Judge. ( 8:10

- cv - 01793

- PJM )

Submitted : March 13, 2012 Decided: March 20, 2012

Before DIAZ and FLOYD , Circuit Judges, and HAMILTON , Senior Circuit Judge.

Affirmed by un published per curiam opinion

. Warren K. Gladden, Appellant Pro Se. Joseph Ronald Baldwin, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Warr en K. Gladden appeals the district court ’ s order granting Defendant’s motion for summary judgment in Gladden’s action filed pursuant to Title VII of the Civil Rights Act and the Age Discrimination in Employment Act . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Gladden v. U.S. Dep’t of the Army , No. 8:10

- cv - 01793

- PJM (D. Md. July 13, 2011) . We dispense with oral argument because the facts and legal contentions are adequatel y presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
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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





In
connection with the Quarterly Report on Form 10-Q of AgFeed Industries, Inc.
(the “Company”) for the quarter ending September 30, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the
“Report”), Edward Pazdro, Acting Chief Financial Officer of the Company,
hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to his
knowledge:





(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 results of operations of the
      Company.





Dated:  November
      9, 2010
            By:   /s/ Edward PazdroEdward
      PazdroActing
      Chief Financial Officer





This
certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of §18 of the
Securities Exchange Act of 1934, as amended.





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.
Exhibit 32.1

Certification Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United
States Code) (the Act) and Rule 13a-14(b) promulgated under the Securities Exchange Act of 1934, as amended (the Exchange Act), each of the undersigned, Randall D. Stilley, Chief Executive Officer and President of Hercules
Offshore, Inc., a Delaware corporation (the Company), and Steven A. Manz, Chief Financial Officer of the Company, hereby certify that, to his knowledge:

(1) the Companys Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2006 (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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



|                      |  |                                                                                
|--------------------- |  | -------------------------------------------------------------------------------
|Dated: August 4, 2006 |  | /s/ Randall D. Stilley Randall D. Stilley Chief Executive Officer and President
|                      | 
|                      |  | /s/ Steven A. Manz Steven A. Manz Chief Financial Officer                      

The foregoing certification is being furnished solely pursuant to Section 906 of the Act and
Rule 13a-14(b) promulgated under the Exchange Act and is not being filed as part of the Report or as a separate disclosure document.
II 

111TH CONGRESS 

1ST SESSION S. 1825 

To extend the authority for relocation expenses test programs for Federal 

employees, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2009 

Mr. LIEBERMAN (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To extend the authority for relocation expenses test programs 

for Federal employees, and for other purposes. 

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

3 SECTION 1. RELOCATION EXPENSES TEST PROGRAMS. 

4 (a) IN GENERAL.—Section 5739 of title 5, United 

5 States Code, is amended— 

6 (1) in subsection (a), by striking paragraph (3); 

7 (2) in subsection (b)— 

8 (A) by inserting ‘‘or extended’’ after ‘‘ap9 proved’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 1825 IS

1 (B) by inserting ‘‘or extension’’ after ‘‘of 

2 the program’’; 

3 (3) by striking subsection (c) and inserting the 

4 following: 

5 ‘‘(c)(1) An agency authorized to conduct a test pro6 gram under subsection (a) shall annually submit a report 

7 on the results of the program to date to the Administrator. 

8 ‘‘(2) Not later than 3 months after completion of a 

9 test program, the agency conducting the program shall 

10 submit a final report on the results of the program to the 

11 Administrator and the appropriate committees of Con12 gress.’’; 

13 (4) in subsection (d), by striking ‘‘10’’ and in14 serting ‘‘12’’; and 

15 (5) by striking subsection (e) and inserting the 

16 following: 

17 ‘‘(e)(1) The Administrator may not approve any test 

18 program for an initial period of more than 4 years. 

19 ‘‘(2)(A) Upon the request of the agency admin20 istering a test program, the Administrator may extend the 

21 program. 

22 ‘‘(B) An extension under subparagraph (A) may not 

23 exceed 4 years. 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•S 1825 IS

1 ‘‘(C) The Administrator may exercise more than 1 

2 extension under subparagraph (A) with respect to any test 

3 program.’’. 

4 (b) EFFECTIVE DATE.—This section shall take effect 

5 on October 31, 2009. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
<PAGE>   1
                                                                      EXHIBIT 23



                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 33-98148 and 33-98150) of TransPro, Inc. of our
report dated February 27, 2001 relating to the financial statements, which
appears in the Annual Report to Stockholders, which is incorporated in this
Annual Report on Form 10-K. We also consent to the incorporation by reference of
our report dated February 27, 2001 relating to the financial statement schedule,
which appears in this Form 10-K.




PricewaterhouseCoopers LLP
Hartford, Connecticut
March 28, 2001
#### The People of the State of New York, Respondent, v Frederick A. Jones, Appellant.

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered January 11, 1988, by which defendant was convicted, after a jury trial, of attempted second degree murder and sentenced to a term of from *8\6*years to 25 years in prison, unanimously affirmed.

The defendant was known to the victim for over a year prior to the crime. At that time they had a brief social encounter. Thereafter, defendant became obsessed with the victim and harassed her to a point where she left New York City for a time. Shortly after she returned to New York City, the defendant attacked her with a metal weight, causing head *332injuries, requiring stitches, as well as severe injuries to her hands, sustained as she attempted to block defendant’s blows.

Testimony was adduced at trial that the victim decided to stop seeing the defendant after he uttered certain anti-semitic remarks. The court at a sidebar discussion offered to give a curative instruction, but defense counsel declined and moved for a mistrial instead. While a curative instruction would have helped insure that the jury did not draw any improper inferences from the remark, the defense counsel’s objection to such an instruction dissuaded the court from giving one. In view of that objection, the failure to grant a mistrial or give the instruction cannot now be a ground for upsetting the conviction *(People v Davis,*61 NY2d 202, 207, *rearg denied*62 NY2d 803).

The complainant’s testimony concerning prior attacks upon her by the defendant did not constitute inadmissible evidence of prior uncharged crimes. Defendant’s trial strategy was to attempt to impeach and contradict the complainant’s testimony in order to show that she was fabricating the allegations of harassment in order to frame the defendant. Thus defendant’s argument on appeal in this respect is without merit. *(See, People v Littlejohn,*72 AD2d 515.) The testimony was clearly admissible to demonstrate both the defendant’s motive and scheme or plan to harass and injure the complainant as well as for the purpose of completing the witness’s narrative in order to enhance the jury’s understanding of the crime. *(People v Powell,*157 AD2d 524, *lv denied*75 NY2d 923.)

The prosecutor’s remark, on summation, that the victim’s testimony alone would be overwhelming evidence of guilt did not constitute improper vouching. Moreover, the prosecution’s statement to the jury that they should re-enact portions of the crime is not a ground for reversal as there was no evidence of juror misconduct. *(See, People v Harris,*84 AD2d 63, 105, *affd 57*NY2d 335, *cert denied*460 US 1047.)

The remaining arguments, including those raised by the defendant in his two supplemental *pro se*briefs, have been reviewed and found to be without merit. Concur—Carro, J. P., Milonas, Rosenberger and Kupferman, JJ.
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, 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

April 2, 2010 

d0330 

Order 

 

April 2, 2010 

140165 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 140165 

 COA: 286463 

Wayne CC: 08-005166-FC 

WILLIAM EDWARD WESTBROOK, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the October 15, 2009 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
#### The STATE of Utah, Plaintiff and Respondent, v. George CASH, Defendant and Appellant.

No. 860014.

Supreme Court of Utah.

Oct. 20, 1986.

Randall W. Richards, Ogden, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Dave B. Thompson, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

PER CURIAM:

Defendant appeals convictions of theft (U.C.A., 1953, § 76-6-404) and of being a habitual criminal (U.C.A., 1953, § 76-8-1001). The only issue presented on appeal concerns the trial court’s refusal to give the jury a lesser included offense instruction.

Defendant admitted at trial that on August 21, 1985, he took a used Corvette automobile from a dealer’s lot in Ogden, Utah. He placed his own personalized license plates on the vehicle and drove to his hometown in Texas. On September 6, 1985, he was arrested in Kingman, Arizona.

Defendant claims that he intended to use the car only temporarily and that when he was arrested, he was thwarted in his attempt to return the vehicle. At trial, he apparently requested the court to instruct the jury on the lesser included offense of joy riding under U.C.A., 1953, § 41-1-109. The trial court denied the instruction, and defendant took this appeal.

We have repeatedly stated that we will not review the denial of a requested instruction unless it is included in the record. *State v. Lairby,*699 P.2d 1187, 1201 (Utah 1984); *State v. Knill,*656 P.2d 1026, 1029 (Utah 1982). The record on appeal contains neither the instructions actually given to the jury nor those requested but denied. Because defendant has not included in the record his requested instruction on joy riding, we are precluded from addressing the issue.

There being no other points raised on appeal, defendant’s convictions are affirmed.
Exhibit 24**POWER OF ATTORNEY**     **KNOW ALL PERSONS BY THESE PRESENTS**, that the undersigned officers and directors of MeadowbrookInsurance Group, Inc., a Michigan corporation (the “Company”), do hereby constitute and appointKaren M. Spaun or Robert S. Cubbin, and each of them the true and lawful attorneys and agents orattorney or agent, with power and authority to do any and all acts and execute any and allinstruments, which said attorneys and agents, or any one of them, determine may be necessary,advisable or required to enable the Company to comply with the Securities Act of 1834, as amended,and any rules, regulations or requirements of the Securities and Exchange Commission in connectionwith Form 10-K for fiscal year ended December 31, 2007. Without limiting the generality of theforegoing power and authority, the powers granted include the power and authority to sign the namesof the undersigned officers and directors in the capacities indicated below to the Form 10-K forfiscal year ended December 31, 2007, to any and all amendments, or supplements to the Form 10-K forfiscal year ended December 31, 2007 and to any and all instruments or documents filed as part of orin conjunction with the Form 10-K for fiscal year ended December 31, 2007 or amendments orsupplements thereto. The undersigneds ratify and confirm the power and authority granted to eachattorney or agent. This Power of Attorney may be signed in several counterparts.     **IN WITNESS WHEREOF**, each of the undersigned has executed this Power of Attorney and has beensigned by the following persons on the date indicated opposite his/her name.     **SIGNATURE** **TITLE** **DATE**     /s/ Merton J. Segal Chairman and Director February 8, 2008     Merton J. Segal         /s/ Robert S. Cubbin President, Chief Executive February 8, 2008     Robert S. Cubbin Officer and Director       /s/ Robert W. Sturgis Director February 8, 2008     Robert W. Sturgis         /s/ David K. Page Director February 8, 2008     David K. Page         /s/ Hugh W. Greenberg Director February 8, 2008     Hugh W. Greenberg    
 

 
Power of Attorney
## COURT OF APPEALS SECO ND DISTRICT OF T EXAS FORT WORTH N O
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- - - - - - - - - - F R O M T H E 3 5 2 N D D I S T R I C T C O U R T O F T A R R A N T C O U N T Y

- - - - - - - - - - 

### M E M O R A N D U M O P I N I O N 1 

### A N D J U D G M E N T

- - - - - - - - - - W e h a v e c o n s i d e r e d “ A p p e l l a n t s ’ M o t i o n T o D i s m i s s A p p e a l
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EXHIBIT
32.1




AULTRA
GOLD INC.




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 Aultra Gold Inc. (the Company) on Form
10-Q /A for the period ended March 31, 2009 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I,
Rauno Perttu, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section 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 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.




Date:  October
      29, 2009
              By:
              /s/ 
      Rauno
      PerttuRauno
      PerttuPresident
      and Chief Executive
                Officer
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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 Wallace Mountain Resources Corp. (the
"Company") on Form 10-QSB for the period ending September 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Robert Gelfand, Chief Financial Officer of the Company, certify, 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.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
27th day of October, 2005.


/s/ Robert Gelfand
----------------------------
Chief Financial Officer
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 Keewatin Windpower Corp. (the
"Company") on Form 10-QSB for the period ended November 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his knowledge:

     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 results of operations
          of the Company.

Date: January 22, 2007


/s/ Chris Craddock
------------------------------------
Chris Craddock, President and C.E.O.
(Principal Executive Officer)