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

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, 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.

 March 20, 2019 a0313p

Order 

Clerk

March 20, 2019

157509

In re Attorney Fees of MITCHELL T. FOSTER

_______________________________________

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 157509

COA: 334309

Oakland CC: 2015-253430-FH

DAVID JOHN BERNARD,

Defendant,

and

MITCHELL T. FOSTER,

Appellant.

_______________________________________/

On order of the Court, the application for leave to appeal the February 27, 2018 

judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu 

of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals. 

The Oakland Circuit Court abused its discretion by denying Foster’s request for any 

extraordinary fees for time spent consulting with defense expert Gerald Gabriel. Although 

the defendant ultimately pled no contest and it is not clear how beneficial Gabriel’s 

consultation was to the defense, it was outside the range of principled outcomes for the 

trial court to deny reimbursement altogether for time Foster spent consulting with Gabriel. 

As dissenting Judge Gleicher observed, “Foster was obligated to review more than 2,000 

pages of financial data and the preliminary examination testimony given by the 

prosecution’s expert,” a record that is “outside the realm of most criminal prosecutions.” 

And the trial judge granted the defense $12,500 specifically for the purpose of Foster being 

able to consult with Gabriel. We REMAND this case to the Oakland Circuit Court for 

further proceedings on extraordinary fees in light of this order. In all other respects, leave 

to appeal is DENIED, because we are not persuaded that the remaining questions presented 

should be reviewed by this Court.
#### CLARK v. UNITED STATES.

No. 7172.

Circuit Court of Appeals, Third Circuit.

Jan. 3, 1940.

Writ of Certiorari Denied March 4, 1940.

See 60 S.Ct. 609, 84 L.Ed.-.

John E. Toolan, of Perth Amboy, N. J., for appellant.

Joseph W. Burns, Sp. Asst, to Atty. Gen., for appellee.

Before BIGGS, MARIS, and JONES, Circuit Judges.

PER CURIAM.

We note that the bill of exceptions in this case was neither settled nor filed within the time limited by Rule IX, Rules of Practice and Procedure in Criminal Cases, 28 U.S.C.A. following section 723a, as validly extended by the trial judge to August 15, 1939. His further extension to August 25th was invalid since it was not granted within thirty days after the taking of the appeal. Long v. United States, 9 Cir., 90 F.2d 482, certiorari denied 302 U.S. 730, 58 S.Ct. 55, 82 L.Ed. 564. We have nevertheless examined the bill of exceptions in the light of appellant’s argument, but find no error therein which affected his substantial rights. See Gleckman v. United States, 8 Cir., 80 F.2d 394.

The judgment of the district court is affirmed.
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

                            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 Utilicraft  Aerospace
Industries,  Inc. (the "Company") for the quarter ended March 31, 2008, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Randy Moseley, Chief Financial 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:

     (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: May 20, 2008
                                                        /s/ Randy Moseley
                                                        ------------------------
                                                        Randy Moseley
                                                         Chief Financial Officer
Exhibit 31.2
  CERTIFICATION OF CHIEF FINANCIAL OFFICER
   I, Rainer M. Erdtmann, certify that:
  1.           I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of Pharmacyclics, Inc.; and
  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.
  Date: October 28, 2011
   By: /s/ Rainer M. ErdtmannRainer M. ErdtmannVice President, Finance and Administration and Secretary
(Principal Financial and Accounting Officer)
Electronically FiledIntermediate Court of AppealsCAAP-10-000018317-JAN-201209:52 AM
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-6729
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus PHILLIP ANTONIO OWENS, Defendant - Appellant.Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., District Judge. (CR-93-50, CA-96-666-2) Submitted: March 26, 1998 Decided: April 6, 1998 Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Phillip Antonio Ow ens, Appellant Pro Se. Sandra Jane Hairston, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997). We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find noreversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Owens , Nos. CR-93-50; CA-96-666-2 (M.D.N.C. May 2, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
<PAGE>

                                                                   EXHIBIT 21.1

                      LIST OF SUBSIDIARIES OF THE COMPANY

<TABLE>
<CAPTION>
       Entity Name                                  State of Organization
       -----------                                  ---------------------
       <S>                                          <C>
       HEARST-ARGYLE STATIONS, INC.                      NEVADA
       WAPT HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       KITV HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       KHBS HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       KMBC HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       WBAL HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       WCVB HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       WISN HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       WTAE HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       KCRA HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       OHIO/OKLAHOMA HEARST-ARGYLE TELEVISION, INC.      NEVADA
       JACKSON HEARST-ARGYLE TELEVISION, INC.            DELAWARE
       ARKANSAS HEARST-ARGYLE TELEVISION, INC.           DELAWARE
       HEARST-ARGYLE SPORTS, INC.                        DELAWARE
       HEARST-ARGYLE PROPERTIES, INC.                    DELAWARE
       HATV INVESTMENTS, INC.                            DELAWARE
       HEARST-ARGYLE INVESTMENTS, INC.                   DELAWARE
       KQCA HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       DES MOINES HEARST-ARGYLE TELEVISION, INC.         DELAWARE
       ORLANDO HEARST-ARGYLE TELEVISION, INC.            DELAWARE
       NEW ORLEANS HEARST-ARGYLE TELEVISION, INC.        DELAWARE
       WYFF HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       WXII HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       KOAT HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       WLKY HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       KETV HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       WGAL HEARST-ARGYLE TELEVISION, INC.               CALIFORNIA
       HEARST-ARGYLE CAPITAL TRUST                       DELAWARE
       CLARKSBURG TV DIVESTITURE, LLC                    DELAWARE
</TABLE>

                                      1
|Exhibit 32.2
|------------

CERTIFICATION PURSUANT TO 
18 U.S.C. SECTION 1350, 
AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of China Energy Corporation a Nevada corporation (the "Company") on Form 10-Q for the quarter ended February 28, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Fu Xu, Chief Accounting Officer of the Company, certifies to the best of his knowledge, 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.
|   

/s/ Fu XuFu XuChief Accounting OfficerDated: April 20, 2009

---
**Exhibit 32.2**

 

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION 1350,

ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

                                                I,Richard P. Dutkiewicz, as Chief Financial Officer and Principal AccountingOfficer of New World Restaurant Group, Inc. (the “Company”), certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)          the AnnualReport of the Company on Form 10-K for the year ended January 3, 2006, as filedwith the Securities and Exchange Commission (the “Report”), fully complies withthe requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2)          the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| March 10, 2006 | By: /s/ RICHARD P.  DUTKIEWICZ |
|----------------|--------------------------------|
|           | Richard P. Dutkiewicz          |
|           | Chief Financial Officer        |
|           | Principal Accounting  Officer  |

 

 

 

This certification is furnished with this Report on Form 10-K pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to theextent required by such Act, be deemed filed by the Company for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended (the “ExchangeAct”). Such certification will not be deemed to be incorporated by referenceinto any filing under the Securities Act of 1933, as amended, or the ExchangeAct, except to the extent that the Company specifically incorporates it byreference.

 

 

----
II 

111TH CONGRESS 

1ST SESSION S. 2219 

To extend the temporary suspension of duty on waste of camel hair. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

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

which was read twice and referred to the Committee on Finance 

A BILL 

To extend the temporary suspension of duty on waste of 

camel hair. 

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

3 SECTION 1. WASTE OF CAMEL HAIR. 

4 (a) IN GENERAL.—Heading 9902.12.21 of the Har5 monized Tariff Schedule of the United States (relating to 

6 waste of camel hair) is amended by striking ‘‘12/31/2009’’ 

7 and inserting ‘‘12/31/2011’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•S 2219 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1943 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1943

  To suspend temporarily the duty on certain acrylic synthetic staple 
                                 fiber.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 28, 2009

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

_______________________________________________________________________

                                 A BILL

 
  To suspend temporarily the duty on certain acrylic synthetic staple 
                                 fiber.

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

SECTION 1. CERTAIN ACRYLIC SYNTHETIC STAPLE FIBER.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.01.00       Acrylic staple      Free         No change        No change        On or before 12/ ''.
                          fiber undyed                                                       31/2011.......
                          (polyacrylonitril
                          e staple), not
                          carded, combed,
                          or otherwise
                          processed for
                          spinning,
                          containing by
                          weight a minimum
                          of 92%
                          polyacrylonitrile
                          , not more than
                          .01 percent zinc
                          and from 2 to 8
                          percent water,
                          imported in the
                          form of staple
                          fiber with a
                          filament decitex
                          of 4.0 decitex to
                          6.7 decitex (plus
                          or minus 10
                          percent) with a
                          fiber shrinkage
                          of 0 to 22
                          percent (plus or
                          minus 10 percent)
                          and a cut fiber
                          length of 100 mm
                          to 135 mm with a
                          target length of
                          120 mm (provided
                          for in subheading
                          5503.30.00)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1389 

KA 14-01524 

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

HEATH M. CUMMINGS, DEFENDANT-APPELLANT. 

 

WILLIAM J. GABLER, OLEAN, FOR DEFENDANT-APPELLANT. 

BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL),

FOR RESPONDENT. 

 

Appeal from a judgment of the Steuben County Court (Joseph W.

Latham, J.) rendered June 12, 2013. The judgment revoked defendant’s

sentence of probation and imposed a sentence of imprisonment. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed.

Memorandum: Defendant appeals from a judgment revoking the

sentence of probation imposed upon his conviction of sexual abuse in

the first degree (Penal Law § 130.65 [3]) and sentencing him to a term

of incarceration. Contrary to defendant’s contention, the violation

of probation was not de minimis nor a mere technicality. Defendant

was sentenced to probation for an offense involving sexual contact

with a young boy, and one of the conditions of probation was that

defendant was prohibited from having any contact or association with

children under the age of 18. The evidence at the revocation hearing

established that defendant was developing a relationship with a man

who is the father of two boys, that defendant rode in a vehicle with

those boys, that he gave a false name to the boys’ parents, and that

he began to ingratiate himself with the boys by letting them play with

his dogs. 

Furthermore, given the nature of his prior offense and the

violation, we conclude that the term of incarceration, which is

approximately one half of the maximum sentence, is not unduly harsh or

severe. We have considered defendant’s remaining contention and

conclude that it is without merit.

Entered: December 31, 2015 Frances E. Cafarell

Clerk of the Court
CERTIFICATIONS
OF THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


UNDER
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the filing by Lixte Biotechnology Holdings, Inc. (the
“Registrant”) of its Quarterly Report on Form 10-Q for the quarterly period
ended March 31, 2009 (the “Quarterly Report”) with the Securities and Exchange
Commission, I, John S. Kovach, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:




(1) The
Quarterly 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 Quarterly Report fairly presents, in all material
respects, the financial condition and results of operations of the
Registrant.




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.




Date:  May
      12, 2009
              By:
              /s/ JOHN S. KOVACHJohn
      S. KovachChief
      Executive Officer and Chief Financial Officer(Principal
      Executive Officer and Principal Financial
  Officer)
<Page>

                                                                    Exhibit 21.1

                         SUBSIDIARIES OF THE REGISTRANT

Investors Bank & Trust Company
Massachusetts trust company

Investors Capital Trust 1
Delaware trust

Investors Safe Deposit Corporation
Massachusetts corporation

Investors Securities Corporation
Massachusetts corporation

IBT Fund Services (Canada) Inc.
Canadian corporation

IBT Trust Company (Cayman), Limited
Cayman limited company

Investors Holding Corporation
Massachusetts corporation

Investors Securities Services Inc.
Massachusetts corporation

Investors Boston Securities Corporation
Massachusetts corporation

Investors Trust Holdings Ireland
Irish company

Fenway Securities Corp.
Massachusetts corporation

Investors Funding Corporation
Massachusetts corporation

Investors GP Corporation
Massachusetts corporation

Investors Capital Services, LLC
Delaware LLC

Investors Financial Services (Ireland) Limited
Irish limited company

Investors Trust & Custodial Services (Ireland) Limited
Irish limited company

Investors Fund Services (Ireland) Limited
Irish limited company

Investors Mutual Fund Services Limited Partnership
Massachusetts limited partnership

Investors California Limited Partnership
Massachusetts limited partnership

Investors Mutual Fund Services, LLC
Delaware LLC

Investors California, LLC
Delaware LLC

Investors California Securities Holdings, LLC
Delaware LLC
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1786 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1786

To extend the temporary suspension of duty on certain ski boots, cross 
               country ski footwear, and snowboard boots.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 14, 2009

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

_______________________________________________________________________

                                 A BILL

 
To extend the temporary suspension of duty on certain ski boots, cross 
               country ski footwear, and snowboard boots.

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

SECTION 1. CERTAIN SKI BOOTS, CROSS COUNTRY SKI FOOTWEAR, AND SNOWBOARD 
              BOOTS.

    (a) In General.--Heading 9902.64.04 of the Harmonized Tariff 
Schedule of the United States (relating to certain ski boots, cross 
country ski footwear, and snowboard boots) is amended by striking ``12/
31/2009'' and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
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 CDoor Corp. (the "Company") on Form
10-QSB for the period ended September 30, 2006 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Lavi Krasney of the
Company, CEO certify to the best of my knowledge, pursuant to 18 U.S.C. Sec.
13650, as adopted pursuant to Sec. 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.

                                                            /s/ Lavi Krasney
                                                            --------------------
                                                            Lavi Krasney
                                                            CEO
                                                            October 11, 2006