alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dennis Earl WALLER, Appellant, v. STATE of Oklahoma, Appellee.

No. F-84-332.

Court of Criminal Appeals of Oklahoma.

June 4, 1986.

Mark Barrett, Sp. Counsel, Appellate Public Defender System, Norman, for appellant.

*339Michael C. Turpén, Atty. Gen., Tomilou Gentry Liddell, Deputy Chief, Crim. Div., Oklahoma City, for appellee.

OPINION

PARKS, Presiding Judge:

The appellant, Dennis Earl Waller, was tried by jury for the crime of Burglary in the Second Degree, After Former Conviction of a Felony, in the District Court of Comanche County, Case No. CRF-83-558. The jury returned a verdict of guilty and set punishment at ten (10) years imprisonment. The trial court sentenced the appellant in accordance with the jury’s verdict. From this judgment and sentence, the appellant has perfected his appeal to this Court. We affirm the judgment and sentence of the District Court.

On August 2,1983, Albert Ozuna’s apartment in Lawton was burglarized. A stereo and television set were taken. Appellant was linked to the crime through the testimony of Joyce Smith. Ms. Smith testified she saw the defendant running from Ozu-na’s apartment. Although she could not see his face, Ms. Smith, an acquaintance of the appellant, identified him by his voice, as he called out when running away. Ms. Smith told a friend, Geneva Carpenter, about the incident, but did not tell police until a week later because she did not wish to get involved. Ms. Carpenter testified that when she told the appellant about Ms. Smith’s claims, he retorted that “he didn’t like snitches and that he poured gasoline on them.” After Ms. Smith discovered her tires had been slashed, she called police.

In his two assignments of error, the appellant complains the trial court erred in failing to give cautionary instructions on eyewitness identification, and the proper use of other crimes evidence. The record reflects that defense counsel failed to request either cautionary instruction. We have held that cautionary instructions regarding these two issues are not required in the absence of a defense request. *See Cole v. State,*646 P.2d 1298 (Okl.Cr.1982) (eyewitness instruction), and *Pearson v. State,*632 P.2d 765 (Okl.Cr.1981) (other crimes evidence). In the absence of a substantial violation of appellant’s rights, failure to give these instructions was not error.

Accordingly, for the foregoing reasons, the judgment and sentence of the trial court is AFFIRMED.

BUSSEY, J., concurs.

BRETT, J., concurs in results.
----

**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**

| (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 this Report fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |
|                                    |
|                                    | Dated                this 19th                day of September, 2007.                                                                                                                              |
|                                    |

| /s/                Harold W GardnerHarold                W GardnerChief                Executive Officer  | /s/                Jas ButaliaJas                ButaliaChief                Financial Officer |
|----------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------|
OEmRTMENTOF 

.: iANSPORWION 

SERVED NOVEMBER 2,2010 '''' tHAI l(JNb 

U.S. DEPARTMENT OF TRANSPORTATION ^^"^'-^ :J M T- 3U 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

SI PING YE 

FAA DOCKET NO. CPlOEAOOl 1 

(Civil Penalty Action) 

DMS NO. FAA-2010-0976 

NOTICE OF ASSIGNMENT OF PROCEEDING 

This proceeding (heretofore designated as Case No. 2009EA190129) has been assigned to 

Administrative Law Judge Richard C. Goodwin. All future pleadings and other communications 

regarding this proceeding shall be served on the Judge, the FAA Hearing Docket, and the other 

persons on the attached Service List. 

Roijnie A. Yoder 

Chief Administrative Law 

Attachment - Service List 
FAA Docket No. CPlOEAOOll 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Robert H. London, Respondent's Counsel 

Law Offices of Robert H. London 

9550 Flair Drive, Suite 301 

El Monte, CA 91731 

TEL: 626-575-9200 

Leonid Talisman, Complainant's Counsel 

Attorney, Office of Regional Counsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: J 718-553-3403 

FAX: 718-995-5699 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, 

1200 New Jersey Avenue, S.E. 

East Building, Ground Floor, Room El2-320 

Washington, D.C. 20590 

TEL: Attorney-Advisor 202- 366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
EXHIBIT 23.1

              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

Tel-Save Holdings, Inc.
New Hope, Pennsylvania

     We hereby  consent to the  incorporation  by  reference  in the  Prospectus
constituting a part of the Registration Statements on Forms S-8, Nos. 333-04479,
333-05923 and 333-4211 and Forms S-3, Nos. 333-14549, 333-23193 and 333-39787 of
our reports  dated  February 5, 1998,  relating  to the  consolidated  financial
statements and schedule of Tel-Save Holdings,  Inc. and subsidiaries,  appearing
in the  Company's  Annual  Report on Form 10-K for the year ended  December  31,
1997.

     We also consent to the  reference to us under the caption  "Experts" in the
Prospectuses.

BDO Seidman, LLP



New York, New York
March 31, 1998
EXHIBIT 32.1

                    CERTIFICATION OF 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 Wallace Mountain Resources Corp. (the
"Company") on Form 10-QSB for the period ending December 31, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Robert Gelfand, Chief Executive 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
9th day of February, 2006.


/s/ Robert Gelfand
------------------------------
Chief Executive Officer
AQS$ID Site$Name 10/15/2010:$ Not$Submitted 2/19/11 3/12/2011:$ Local$Activity 7/2/2011:$Tribal$Only 7/3/117/4/117/5/117/6/117/7/117/8/117/18/11 8/3/118/5/2011: Not$Submitted$ 8/18/11 8/25/11 8/26/11 8/27/11 8/28/11 9/2/119/6/2011: $Not$Submitted 9/11/11 9/12/11 10/4/11 11/2/2011: $Not$Submitted 11/4/11 1/21/2012:$ Proposed$No$Action 1/22/2012:$ Proposed$No$Action 2/27/12 4/3/2012: $Local$Ag$Activity 4/4/2012:$ Local$Ag$Activity 6/16/12 6/18/2012: $Local$Activity 6/27/12 7/11/12 8/6/2012:$ Not$Submitted 8/11/12 8/14/12 9/6/12NonAEvent$Exceedance$Count Violation$Day$Count

4A21A3002A1 Apache$Junction$ C 0 1 4A21A3002A3 Apache$Junction$A$TEOM6 C C C 1 C 1 5 4A13A4011A1 Buckeye C C C 1 C C C C C C 1 211 4A13A3002A4 Central$Phoenix C C C C C C C C C 0 9 4A13A9812A1 Durango$Complex C C C C C C C C C C C C 012 4A13A4010A1 Dysart C C C C C C 0 6 4A13A2001A1 Glendale C C C C C C 0 6 4A13A3010A1 Greenwood 1 C C C C C C C C C 110 4A13A4006A1 Higley C C C C C C C C 1 C C C 112 4A13A9997A3 JLG$Supersite$A$BAM1020 C C C C C 0 5 4A13A9997A4 JLG$Supersite$A$TEOM5 C C C C C C C 0 7 4A13A1003A1 Mesa 0 0 4A13A1003A2 Mesa$A$TEOM1 0 0 4A13A1004A1 North$Phoenix C C C 0 3 4A13A1004A2 North$Phoenix$A$TEOM2 C C 0 2 4A13A4003A1 South$Phoenix 1 C C C C C C C C C C C 112 4A13A3003A1 South$Scottsdale 0 0 4A13A3003A2 South$Scottsdale$A$TEOM3 0 0 4A13A4005A1 Tempe4 C 0 1 4A13A4009A1 West$43rd$ C C C C C C C 1 C C 1 C C C 214 4A13A4004A1 West$Chandler C C C C C C C C C C C 1 1 C C C 216 4A13A0019A1 West$Phoenix C C C C C C C C C 0 9 4A13A4016A1 Zuni$Hills$ C C 1 C C 1 5

14 1 11 2 1 1 8 1 413 1 9 2 10 2 17 1 5 3 7 13 4 2 2 1 Total$#$Exceedances 69 29

37 135 Demonstration$1:$September$6,$2012$Concurrance Demonstration$2:$May$6,$2013$Concurrance Demonstration$3:$July$1,$29013$Concurrance
[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Proposed Rules]
[Page 13232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5314]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 172

[Docket No. FDA-2012-F-0138]


Abbott Laboratories; Filing of Food Additive Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that 
Abbott Laboratories has filed a petition proposing that the food 
additive regulations be amended to provide for the expanded safe use of 
vitamin D<INF>3</INF> as a nutrient supplement in food.

FOR FURTHER INFORMATION CONTACT: Judith Kidwell, Center for Food Safety 
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740-3835, 240-402-1071.

SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic 
Act (section 409(b)(5) (21 U.S.C. 348(b)(5))), notice is given that a 
food additive petition (FAP 2A4788) has been filed by Abbott 
Laboratories, 3300 Stelzer Rd., Columbus, OH 43219. The petition 
proposes to amend Sec.  172.380 (21 CFR 172.380) to provide for the 
safe use of vitamin D<INF>3</INF> as a nutrient supplement in meal 
replacement beverages and meal replacement bars that are not intended 
for special dietary use in reducing or maintaining body weight and for 
use in foods that are sole sources of nutrition for enteral tube 
feeding.
    The Agency has determined under 21 CFR 25.32(k) that this action is 
of a type that does not individually or cumulatively have a significant 
effect on the human environment. Therefore, neither an environmental 
assessment nor an environmental impact statement is required.

    Dated: February 29, 2012.
Dennis M. Keefe,
Director, Office of Food Additive Safety, Center for Food Safety and 
Applied Nutrition.
[FR Doc. 2012-5314 Filed 3-5-12; 8:45 am]
BILLING CODE 4160-01-P
<PAGE>

                                                                 EXHIBIT 23.01
 
We consent to the incorporation by reference in the Registration Statements Form
S-8 No. 33-34767 pertaining to the Incentive Stock Option Plan; Form S-8 No. 33-
61543 pertaining to the Incentive Stock Option Plan; Form S-8 No. 333-09847
pertaining to the 1996 Equity Incentive Plan; and Form S-8 No. 333-66705
pertaining to the Employees' Savings and Protection Plan of Roberts
Pharmaceutical Corporation and in the Registration Statement S-3 No. 333-13729
of Roberts Pharmaceutical Corporation and in the related Prospectus of our
report dated February 16, 1999, with respect to the consolidated financial
statement and schedule of Roberts Pharmaceutical Corporation included in the
Annual Report (From 10-K) for the year ended December 31, 1998.

                             ERNST & YOUNG LLP

MetroPark, New Jersey
March 26, 1999
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND CHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with this Quarterly Report of Hurley Exploration, Inc. (the “Company”) on Form 10-QSB for the period ending March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Chet Kurzawski, Chief Executive Officer and Chief Financial Officer of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

 
| 1. | Such Quarterly Report on Form 10-QSB for the period ending March 31, 2006, 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 such Quarterly Report on Form 10-QSB for the period ending March 31, 2006, fairly presents, in all material respects, the financial condition and results of operations of Hurley Exploration, Inc. |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

   
| Dated: May 10, 2006 |
|---------------------|

 

**HURLEY EXPLORATION, INC.**

 
| By: | */s/ Chet Kurzawski*Chief Executive Officer and Chief Financial Officer |
|-----|-------------------------------------------------------------------------|
#### Jesus Varona SARDINAS, Appellant, v. STATE of Oklahoma, Appellee.

No. F-85-54.

Court of Criminal Appeals of Oklahoma.

Nov. 23, 1987.

*1197Thomas Purcell, Asst. Appellate Public Defender, Norman, for appellant.

Michael C. Turpén, Atty. Gen., Tomilou Gentry Liddell, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

BUSSEY, Judge:

The appellant, Jesus Varona Sardinas, was tried in the District Court of Creek County for the crime of Shooting with Intent to Kill in Case No. CRF-83-53, and the jury returned a verdict of guilty of the lesser included offense of Assault and Battery with a Dangerous Weapon and set punishment at two (2) years imprisonment, and he appeals. For his sole assignment of error appellant contends that the evidence presented at trial was insufficient to support a charge of Assault and Battery with a Dangerous Weapon. When the sufficiency of the evidence is challenged on appeal, the relevant question is whether, after reviewing the evidence in the light most favorable to the State, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. *Spuehler v. State,*709 P.2d 202 (Okl.Cr.1985).

In the present case the evidence at trial reveals that on February 9, 1983, appellant went to the victim’s house in Sapulpa armed with a .45 caliber pistol and a pocket knife. During the visit, an altercation occurred and appellant stabbed the victim with the knife. A struggle ensued and appellant pulled the gun from his pocket, and during the scuffle the gun discharged sending the bullet into the victim’s chest. While the evidence is conflicting concerning whether appellant intentionally shot the victim, appellant admitted that he brought the knife and gun to the victim’s house, that he stabbed the victim with the knife and that he pulled the gun out of his pocket during the scuffle. We are of the opinion that this evidence was sufficient to prove the essential elements of the crime of Assault and Battery with a Dangerous Weapon beyond a reasonable doubt. This assignment of error is without merit.

The judgment and sentence is AFFIRMED.

BRETT, P.J., and PARKS, J., concur.
Exhibit 23.1

INDEPENDENT ACCOUNTANTS' CONSENT

The
Board of Directors and Stockholders
AXS-One Inc.:

We
consent to incorporation by reference in the registration statements (Nos. 333-11681, 333-49733, 333-61125 and 333-72138) on
Form S-8 and (No. 333-49731) on Form S-3 of AXS-One Inc. of our report dated January 30, 2003, except as to the last
paragraph of note 3, which is as of March 21, 2003, relating to the consolidated balance sheets of AXS-One Inc. and subsidiaries as of December 31, 2001 and
2002, and the related consolidated statements of operations, comprehensive income (loss), stockholders' deficit and cash flows for each of the years in the three-year period ended
December 31, 2002, and our report dated January 30, 2003 on the related consolidated financial statement schedule, which reports appear in the December 31, 2002 annual report on
Form 10-K of AXS-One Inc.

GRAPHIC

Short
Hills, New Jersey
March 28, 2003

---

QuickLinks
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), each of the
undersigned officers of Platinum Energy Resources, 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,
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
information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the
Company.




Date: July
      29, 2010
              
              /s/ Al RahmaniAl
      RahmaniChief
      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.
```

[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Page 12855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5017]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel, ZHD1 DSR-Z 55 1.
    Date: March 27, 2012.
    Time: 2 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6100 Executive Boulevard, 
Rockville, MD 20852 (Telephone Conference Call).
    Contact Person: Peter Zelazowski, Ph.D., Scientific Review 
Officer, Division of Scientific Review, Eunice Kennedy Shriver 
National Institute of Child Health and Human Development, NIH, 6100 
Executive Boulevard, Room 5b01, Bethesda, MD 20892-7510, 301-435-
6902, [email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: February 24, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-5017 Filed 3-1-12; 8:45 am]
BILLING CODE 4140-01-P
```
Exhibit32.2

CERTIFICATION BY CHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

In connection with the QuarterlyReport of TAL International Group, Inc. (the‘‘Company’’) on Form 10-Q for theperiod ended September 30, 2006 as filed with the Securities andExchange Commission on the date hereof (the‘‘Report’’), I, Chand Khan, Vice Presidentand Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

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

|  |           |                                                                                                                                                    |
|--|-----------|----------------------------------------------------------------------------------------------------------------------------------------------------|
|  | (2)  | The information contained in the Reportfairly presents, in all material respects, the financial condition andresults of operations of the Company. |

Date:November  9,2006

|        |  |  |                                                    |
|--------|--|--|----------------------------------------------------|
|   |  |  | /s/Chand Khan                                      |
|   |  |  | Chand KhanVice Presidentand Chief FinancialOfficer |
|        |

----
**Exhibit 32**

**CERTIFICATIONPURSUANT TO**

**18 U.S.C.SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906**

**OF THESARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report of Paramount Acquisition Corp. (the “Company”) on Form10-QSB for the period ending September 30, 2006 (the “Report”), as filed withthe Securities and Exchange Commission on the date hereof, I J. Jay Lobell,Chief Executive Officer of the Company, certify pursuant to 18 U.S.C.Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of2002, that:

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

2.       The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.
| By:                                                         | /s/ J. Jay Lobell |   |   | Dated: November 14, 2006 |
|-------------------------------------------------------------|-------------------|--------|--------|--------------------------|
| J. Jay Lobell                                               |              |   |
| Chief Executive  Officer and Secretary                      |              |   |
| (Principal  Executive and Financial and Accounting Officer) |              |   |

 

----