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

Court of Appeals 

 

First District of Texas 

NO. 01-13-01038-CR

GARRETT DEWAYNE WASHINGTON, Appellant

V.

THE STATE OF TEXAS, Appellee

Appeal from the 262nd District Court of Harris County. (Tr. Ct. No. 1186821).

This case is an appeal from the final judgment signed by the trial court on 

October 24, 2013. After submitting the case on the appellate record and the 

arguments properly raised by the parties, the Court holds that the trial court’s 

judgment contains no reversible error. Accordingly, the Court affirms the trial 

court’s judgment.

The Court orders that this decision be certified below for observance.

Judgment rendered November 19, 2015. Panel consists of Chief Justice Radack 

and Justices Bland and Huddle. Opinion delivered by Justice Huddle.
<PAGE>   1
EXHIBIT 23.2

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-17545) pertaining to the 1990 Stock Plan, the Registration Statement
(Form S-8 No. 333-98130) pertaining to the 1990 Stock Plan, 1995 Performance
Based Stock Option Plan and 1995 New Director Option Plan, the Registration
Statement (Form S-8 No. 333-68425) pertaining to the 1997 Nonstatutory Stock
Option Plan, and the Registration Statement (Form S-8 No. 333-36756) pertaining
to the 1999 Stock Plan of our report dated March 4, 1999, with respect to the
Euphonix, Inc. consolidated statements of operations, shareholders' equity and
cash flows for the year ended December 31, 1998 included in its Annual Report
(Form 10-K) for the year ended December 31, 2000, filed with the Securities and
Exchange Commission.


                                                 /s/ Ernst & Young LLP


San Jose, California
March 26, 2001


                                      -65-
#### Ronald Dean LANCASTER, Plaintiff and Appellant, v. UTAH STATE PRISON, Eldon Barnes, Robert Steele, Betty Johnson, Dale Johnson, Savogran Company, and unnamed defendants 1 through 20, Defendants and Respondents.

No. 860266.

Supreme Court of Utah.

July 22, 1987.

Ronald Dean Lancaster, pro se.

David Wilkinson, Brent A. Burnett, Salt Lake City, for defendants and respondents.

*Memorandum of Decision*

PER CURIAM:

By his complaint, plaintiff sought damages from the State of Utah and the individual prison officers for injuries he received in a fire at the Utah State Prison where plaintiff is lawfully incarcerated. Plaintiff also sued Savogran Company on a products liability theory but that defendant was never served with process. The district court dismissed the State of Utah, the Utah State Prison, and the individual defendants, all of whom are employees at the prison, and plaintiff has appealed from that order. We find no error.

*262Under the Utah Governmental Immunity Act, Utah Code Ann. § 63-30-10(l)(j), immunity is specifically retained by the government for any injury which “arises out of the incarceration of any person in any state prison.” We have held that this immunity applies in a wrongful death suit, *Madsen v. State,*583 P.2d 92 (Utah 1978), and for loss of personal property, *Schmitt v. Billings,*600 P.2d 516 (Utah 1979). The district court was not in error in applying the statute here, where plaintiff alleges personal injuries. In addition, under Utah Code Ann. § 63-30-4, the employees of the prison may be sued in a representative capacity only when the governmental entity may be liable, and such employees may be sued in a personal capacity only if they acted with fraud or malice. Because the State of Utah has retained immunity, and plaintiff did not allege malice or fraud on the part of the individual defendants, the complaint was properly dismissed as to the employees.

All other issues raised by plaintiff in this appeal were not raised before the district court, and we therefore decline to discuss them. *Interlake Co. v. Von Hake,*697 P.2d 238 (Utah 1985); *Berrett v. Stevens,*690 P.2d 553 (Utah 1984); *Allred v. Smith,*674 P.2d 99 (Utah 1983).

Affirmed.
Exhibit (32)

# Written Statement
of the Chief Executive Officer and Chief Financial OfficerPursuant to 18 U.S.C. Section
1350

Solely
for the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chairman of the Board,
President and Chief Executive Officer and Senior Vice President and Chief Financial
Officer of Midwest Air Group, Inc., a Wisconsin corporation (the Company),
hereby certify, based on our knowledge, that the Annual Report on Form 10-K of the Company
for the fiscal year ended December 31, 2003 (the Report) fully complies with
the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that
information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

/s/ Timothy E. Hoeksema
Timothy E. Hoeksema Chairman of the Board, President and Chief Executive Officer

/s/ Robert S. Bahlman
Robert S. Bahlman Senior Vice President and Chief Financial Officer

Date: March 15, 2004

A signed original of this written
statement required by 18 U.S.C. Section 1350 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 undersigned officer of Boulder Specialty Brands, Inc., a Delaware corporation (the Company), does hereby certify, to such officers knowledge,
that:

The Quarterly Report on Form 10-Q for the quarter ended March 31, 2006 (the Form 10-Q) of the Company fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |  |  |     |  |                       |  |                                                  
|------------------ |  |  |  | --- |  | --------------------- |  | -------------------------------------------------
|                   |  |  | 
|Date: May 15, 2006 |  |  |  | By: |  | /s/ Stephen B. Hughes
|                   |  |  |  |     |  |                       |  | Stephen B. Hughes                                
|                   |  |  |  |     |  |                       |  | Chairman of the Board and Chief Executive Officer
|                   |  |  |  |     |  |                       |  | (Principal executive officer)                    

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
31.1





AULTRA
GOLD INC.





CERTIFICATION
PURSUANT TO SARBANES-OXLEY SECTION 302





I, Rauno
Perttu, Chief Executive Officer of Aultra Gold Inc., certify that:





1. I have
reviewed this quarterly report on Form 10-Q for the period ended September 30,
2009, of Aultra Gold 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 issuer as of,
and for, the periods presented in this quarterly report;





4. The
issuer'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 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 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; and





(b)
Evaluated the effectiveness of the 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 issuer's internal control over
financial reporting that occurred during the issuer's most recent fiscal quarter
(the issuer's fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the issuer's
internal control over financial reporting;





5. The
issuer's other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the issuer's
auditors and the audit committee of the 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 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 issuer's internal controls over financial
reporting.


Date: November
      14, 2009
            By:
            /s/ 
      Rauno
      PerttuRauno
      PerttuPresident
      and Chief Executive Officer
Exhibit 10.12


    CONVERTIBLE
      DEMAND PROMISSORY NOTE

     

     

    
      	
              $50,000.00

            	
              October
                2nd,
                2005

            


    

     

    FOR
      VALUE
      RECEIVED, the undersigned Language Access Network, Inc. ('Payor"), promises
      to pay to the order of Edward F. Panos ("Holder"), on demand, at such
      address
      as may
      be designated in writing by Holder of this Note, the principal amount of Fitly
      Thousand Dollars ($50,000.00) together with interest on the unpaid principal
      amount from October 2nd,
      2005,
      at
      the rate of ten percent (10%) per
      annum.

    


    All
      payments of principal, interest or other amounts payable on or in respect of
      this Note
      shall be
      made in lawful currency of the United States of America in immediately available
      funds, to the Holder, unless otherwise directed in writing by
      Holder.

    


    Holder
      of
      this note may, at his option and at any time prior to payment in full of any
      outstanding
      principal and interest payments on this Note, convert all or any
      portion
      of the
      Note to
      equity of Payor at $0.01 per share of Payor's Common Stock.

    


    Any
      waiver of any payment due hereunder or the acceptance by the Holder of partial
      payments hereunder shall not, at any
      other
      time, be taken to be a
      waiver
      of
      the terms of this Note or any other agreement between the Payor and the
      Holder.

    


    Presentment
      for payment, notice of dishonor, protest and notice of protest are hereby
      waived.

    


    This
      Note
      shall be governed by and interpreted in accordance with the laws of the State
      of
      Nevada.

    


    IN
      WITNESS WHEREOF, the undersigned has executed this Note as of the date first
      written above.

     

    
       

      
        	Language Access Network, Inc.
	
                By: /s/ Richard Fitzpatrick

                       Richard
                  Fitzpatrick

              
	Its:
                CEO
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

SERGEI KOVALEV,

Petitioner

v.

BOARD OF REVISION OF TAXES CITY OF 

PHILADELPHIA,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

No. 4 EAL 2020 

Petition for Allowance of Appeal 

from the Unpublished Order of the 

Superior Court at No. 2899 EDA 

2019 entered on December 3, 2019, 

quashing the Order of the 

Philadelphia County Court of 

Common Pleas at No. 190801136 

entered on September 23, 2019 

ORDER

PER CURIAM

AND NOW, this 8th day of July, 2020, the Petition for Allowance of Appeal is 

GRANTED, and the order of the Superior Court is VACATED. See Grant v. Blaine, 868 

A.2d 400, 402 (Pa. 2005) (holding that “an order denying in forma pauperis status is a

final, appealable order”). The matter is REMANDED to the Superior Court for 

consideration of the propriety and advisability of a transfer of the appeal to the 

Commonwealth Court, see 42 Pa.C.S. §704(a), as well as further proceedings, in one of 

those courts, on the underlying appeal.

The Application to Proceed in Forma Pauperis is GRANTED, limited to the filing of 

the Petition for Allowance of Appeal.
----

**EXHIBIT        32.1**

**SECTION        1350 CERTIFICATION**

**OF        THE CHIEF EXECUTIVE OFFICER**

|   | (1) | the                  Quarterly Report on Form 10-Q/A of the Company for the three months                  ended                  March 31, 2006 (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                  Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
EXHIBIT 32.1

CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350)

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), each of
the undersigned officers of Vital Products, Inc., a Delaware corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

The quarterly report on Form 10-Q for the quarter ended October 31, 2009
(the "Form 10-Q") of the Company fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the
information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Company.


Date: December 18, 2009



        By: /s/ Michael Levine
        -------------------------------
        Michael Levine
        Chief Executive Officer and
        Principal Executive Officer


Date: December 18, 2009

        By: /s/ Henry Goldberg
        -------------------------------
        Henry Goldberg
        Chief Financial Officer,
        Principal Financial Officer and
        Principal Accounting Officer




<PAGE>
Exhibit
10.(a)


 


[Sutherland Asbill and Brennan LLP Letterhead]


 


STEPHEN E. ROTH


DIRECT LINE: 202.383.0158


Internet:
steve.roth@sutherland.com


 


April 26, 2010


 


Board of Directors


Protective Life and Annuity Insurance Company


2801 Highway 201 South


Birmingham, Alabama 35223


 


Directors:


 


We hereby consent to the reference to our
name under the caption “Legal Matters” in the statement of additional
information filed as part of post-effective amendment number 8 to the
registration statement on Form N-4 (File No. 333-145621) filed by Protective Life Insurance Company and Protective Variable Annuity Separate Account with
the Securities and Exchange Commission. 
In giving this consent, we do not admit that we are in the category of
persons whose consent is required under Section 7 of the Securities Act of
1933.


 


	
   

  	
  Sincerely,

  
	
   

  	
   

  
	
   

  	
  SUTHERLAND ASBILL & BRENNAN LLP

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
    /s/ Stephen E.
  Roth

  
	
   

  	
   

  	
  Stephen E. Roth
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 undersigned officer of Boulder Specialty Brands, Inc., a Delaware corporation (the Company), does hereby certify, to such officers knowledge,
that:

The Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2007 (the Form 10-Q) of the Company fully complies with
the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |     |  |                                                  
|------------------ |  | --- |  | -------------------------------------------------
|Date: May 10, 2007 |  | By: |  | /s/ Stephen B. Hughes                            
|                   |  |     |  | Stephen B. Hughes                                
|                   |  |     |  | Chairman of the Board and Chief Executive Officer
|                   |  |     |  | (Principal executive officer)                    

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 31.2

CERTIFICATIONS

I, Steven A. Manz, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Hercules Offshore, 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(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 registrant 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 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) 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

(c) 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(s) 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 the registrant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 registrant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 registrants internal control over financial reporting.

Date: May 5, 2006



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Steven A. Manz     
|    |  | Steven A. Manz         
|    |  | Chief Financial Officer
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33
STEAM ELECTRIC

C B I R E P L AC E M E NT P A G E

EPA

- HQ

- OW

- 20 09

- 0819

DCN:

________________________________________

T H E FO LL OW ING H AS BEE N R E M O V E D BE CAUSE IT
C O N T AINS C O N F ID E N T IAL B USIN E SS IN FO RMA T I O N (C B I) P E R 4 0 C F R P ART 2
, SU B P ART B

. SE0 4360A157
# AC **C CPI Saf** **et y**  **& Health Tr** **aining Thr** **ough June 2012** 

**Ma y 2012**  **June 2012 To** **tal Through June**  **2012**

Job Description Fully Complete Fully Complete Fully Complete In Progress Instructor Online Instructor Online Instructor Online Started, not finished Applicator 8 82 0 85 173 1069 618 Helper 0 16 0 10 29 183 89



## Te **st Scor** **es thr** **ough June**  **2012 100%**  **90 -**  **99% 70**  **- 89%**  Pe rcent achieving test scores 33% 52% 15% Helper 0 16 0 10 29 183 89 Other 0 25 0 26 196 1182 600 Supervisor 6 35 0 39 279 642 482 To tal **14 158**  **0 160**  **673 3076**  **1789** 

## To**tal Students Fully Completed Thr** **ough June**  **2012 To** **tal Students Started**  **or Finished Thr** **ough June**  **2012 3749**  **5538**
Exhibit 32.1

CERTIFICATION BY CHIEF EXECUTIVE 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 TAL International Group, Inc. (the "Company") on Form 10-Q for the period
ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Brian M. Sondey, President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



Date:
July 30, 2010

/s/ Brian M. SondeyBrian M. Sondey President and Chief Executive Officer


---



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