alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jerry FLETCHER, Appellant, v. STATE of Florida, Appellee.

No. 86-903.

District Court of Appeal of Florida, Second District.

May 1, 1987.

Robert H. Dillinger and Elizabeth G. Mansfield of Dillinger & Swisher, P.A., St. Petersburg, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

SCHOONOVER, Judge.

Appellant, Jerry Fletcher, appeals a judgment and life sentence entered pursuant to a jury verdict finding him guilty of sexual battery of a child eleven years of age or younger. After carefully considering the briefs, the record on appeal, and the argument of counsel, we find no error. Two of the points raised on appeal, however, merit discussion.

As one point on appeal, appellant contends that the child victim was incompetent to testify against him. Because the evidence of intelligence, ability to recall, to relate and to appreciate the nature and obligation of an oath is not fully portrayed by a bare record, the decision concerning the competency of a child to testify is one peculiarly within the discretion of the trial judge. *Garrard v. State,*335 So.2d 603 (Fla. 3d DCA 1976), *cert. denied,*342 So.2d 1101 (Fla.1977).

Appellant has also raised the issue of ineffective assistance of counsel. Although there is some authority for allowing this type of claim to be raised on appeal, generally this issue is more properly raised in a motion for postconviction relief brought pursuant to Florida Rule of Criminal Procedure 3.850. In this case, we decline to consider appellant’s ineffective assistance of counsel claim because we cannot determine the question from the record before us. *Kelley v. State,*486 So.2d 578*91(Fla.), *cert. denied,*— U.S.—, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986).

Affirmed.

CAMPBELL, A.C.J., and HALL, J., concur.
#### STATE ex rel. Lionel TOLBERT v. STATE of Louisiana.

No. 86-KH-1683.

Supreme Court of Louisiana.

Feb. 20, 1987.

In re Tolbert, Lionel; applying for writ of habeas corpus; Parish of East Baton Rouge, 19th Judicial District Court, Div. “H”, No. 9-78-341.

Denied.
Exhibit
32




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 Coda Octopus Group, Inc. (the "Company")
on Form 10-Q for the quarter ended January 31, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), we, Jason Reid,
President and Chief Executive Officer, and Jody Frank, Chief Financial Officer,
certify. pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 that:




(1) This
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.




/s/
      Jason Reid
                          
                          /s/
      Jody E. FrankJason
      Reid
                          
                          Jody
      E. FrankPresident
      and Chief Executive Officer
                          
                          Chief
      Financial OfficerDate:
      March 23, 2009
                          
                          Date:
      March 23,
2009
III

106TH CONGRESS

2D SESSION S. CON. RES. 107

Expressing the sense of Congress concerning support for the Sixth

Nonproliferation Treaty Review Conference.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 2000

Mr. AKAKA (for himself, Mr. BAUCUS, Mr. KERRY, Mr. ROTH, and Mr.

BINGAMAN) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations

CONCURRENT RESOLUTION

Expressing the sense of Congress concerning support for

the Sixth Nonproliferation Treaty Review Conference.

Whereas the Treaty on the Nonproliferation of Nuclear

Weapons (in this concurrent resolution referred to as the

‘‘Treaty’’) entered into force 30 years ago on March 5,

1970;

Whereas the original 43 signatories have increased to 187

parties;

Whereas in 1995 the signatories agreed to extend the Treaty

indefinitely;

Whereas the Treaty institutionalizes the commitment of the

nonnuclear weapons states not to acquire nuclear weapons;
2

•SCON 107 IS

Whereas the United States, the United Kingdom, France, the

Russian Federation, and China have committed themselves to a reduction of nuclear weapons;

Whereas the testing of nuclear weapons in South Asia by two

countries that have not adhered to the Treaty is cause

for renewed attention to the dangers of nuclear proliferation;

Whereas the International Atomic Energy Agency is responsible for monitoring compliance with the Treaty and

alerting the Secretary Council of any violation;

Whereas Iraq’s secret nuclear program, revealed in the aftermath of the Gulf War, demonstrated the need for additional International Atomic Energy Agency powers of information and collection; and

Whereas the Sixth Nonproliferation Treaty Review Conference will take place in New York from April 24 to May

19, 2000: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That Congress—

3 (1) reaffirms its support for the objectives of

4 the Treaty on the Nonproliferation of Nuclear

5 Weapons and expresses support for taking all appro6 priate measures to attain its objectives;

7 (2) expresses support for strengthening the

8 international verification system operated by the

9 International Atomic Energy Agency and for the

10 new Additional Safeguards Protocol to the Inter11 national Atomic Energy Agency Safeguards Agree-
3

•SCON 107 IS

1 ment that the International Atomic Energy Agency

2 is negotiating with each adherent to the Treaty; and

3 (3) calls on all parties participating in the Re4 view Conference to make a good faith effort to en5 sure the success of the Conference.

Æ
S. Con. Res. 91 Agreed to March 8, 2000

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

Concurrent Resolution

Whereas the United States had never recognized the forcible incorporation of the Baltic states of Estonia, Latvia, and Lithuania

into the former Soviet Union;

Whereas the declaration on March 11, 1990, of the reestablishment

of full sovereignty and independence of the Republic of Lithuania

led to the disintegration of the former Soviet Union;

Whereas Lithuania since then has successfully built democracy,

ensured human and minority rights, the rule of law, developed

a free market economy, implemented exemplary relations with

neighboring countries, and consistently pursued a course of

integration into the community of free and democratic nations

by seeking membership in the European Union and the North

Atlantic Treaty Organization; and

Whereas Lithuania, as a result of the progress of its political

and economic reforms, has made, and continues to make, a significant contribution toward the maintenance of international peace

and stability by, among other actions, its participation in NATOled peacekeeping operations in Bosnia and Kosovo: Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That Congress hereby—

(1) congratulates Lithuania on the occasion of the tenth

anniversary of the reestablishment of its independence and

the leading role it played in the disintegration of the former

Soviet Union; and
S. Con. Res. 91—2

(2) commends Lithuania for its success in implementing

political and economic reforms, which may further speed the

process of that country’s integration into European and Western

institutions.

Attest:

Secretary of the Senate.

Attest:

Clerk of the House of Representatives.
106TH CONGRESS

2D SESSION S. CON. RES. 53

CONCURRENT RESOLUTION

Whereas the belief that all persons have the right to life, liberty, and the pursuit of happiness is a truth that individuals in the United States hold as self-evident;

Whereas all individuals in the United States are entitled to

the equal protection of law;

Whereas individuals of Asian and Pacific Island ancestry

have made profound contributions to life in the United

States, including the arts, the economy, education, the

sciences, technology, politics, and sports, among other

areas;

Whereas individuals of Asian and Pacific Island ancestry

have demonstrated their patriotism by honorably serving

to defend the United States in times of armed conflict,

from the Civil War to the present;

Whereas recent allegations of espionage and illegal campaign

financing involve allegations of misconduct by certain individuals, such allegations should not result in questioning the loyalty and probity of individuals of the same

or similar ancestry in the United States, simply due to

such ancestry; and

Whereas individuals of Asian and Pacific Island ancestry

have suffered discrimination and unfounded accusations

of disloyalty throughout the history of the United States,
2

SCON 53 ES

resulting in discriminatory laws, including the former Act

of May 6, 1882 (22 Stat. 58, chapter 126) (often referred to as the ‘‘Chinese Exclusion Act’’) and a 1913

California law relating to alien-owned land, and discriminatory actions, including internment of patriotic and

loyal individuals of Japanese ancestry during the Second

World War, the repatriation of Filipino immigrants, and

the prohibition of individuals of Asian and Pacific Island

ancestry from owning property, voting, testifying in

court, or attending school with other people in the United

States: Now, therefore be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That—

3 (1) Congress condemns all prejudice against in4 dividuals of Asian and Pacific Island ancestry in the

5 United States; and

6 (2) it is the sense of Congress that—

7 (A) no individual in the United States

8 should stereotype or generalize the actions of an

9 individual to an entire group of people;

10 (B) individuals of Asian and Pacific Island

11 ancestry in the United States are entitled to all

12 due process rights and privileges afforded to all

13 individuals in the United States; and
3

SCON 53 ES

1 (C) all executive agencies should act within

2 their respective jurisdictions in accordance with

3 existing civil rights laws.

Passed the Senate July 27, 2000.

Attest:

Secretary.

106TH CONGRESS

2D SESSION S. CON. RES. 53

CONCURRENT RESOLUTION

Condemning all prejudice against individuals of

Asian and Pacific Island ancestry in the UnitedStates.
Exhibit 32

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 Endeavor Acquisition Corp. (the Company) on Form 10-Q for the
three and six months ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of 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:

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 operation of the Company.



|                     |  |  |  |        |  |                                                                                 
|-------------------- |  |  |  | ------ |  | --------------------------------------------------------------------------------
|Date: August 8, 2007 |  |  |  |        |  | /s/ Jonathan J. Ledecky                                                         
|                     |  |  |  | Name:  |  | Jonathan J. Ledecky                                                             
|                     |  |  |  | Title: |  | President and Secretary (Principal Executive Officer)                           
|                     |  |  | 
|Date: August 8, 2007 |  |  |  |        |  | /s/ Eric J. Watson                                                              
|                     |  |  |  | Name:  |  | Eric J. Watson                                                                  
|                     |  |  |  | Title: |  | Chairman of the Board and Treasurer (Principal
Accounting and Financial Officer)
<PAGE>   1


                                                                   Exhibit 21


                           SUBSIDIARIES OF REGISTRANT


<TABLE>
<CAPTION>
                                                            Date and Percent of
                                                            Voting Shares,
                                           Year and         Partnership Interests,
                                            State           Voting Trust Certificates,
      Name and Address                   Incorporated       Capital Contributions       Description of Activity
---------------------------              ------------       ---------------------       -------------------------
<S>                                         <C>                 <C>                    <C>    
First Federal Mortgage Service Inc.(1)       Ohio                1978  100%             Mortgage loan origination
                                             1978

First Federal Capital Corp. I(1)             Delaware            1986  100%             CMO Issue
                                             1986

Home Financial Services Corp.(1)             Ohio                1988  100%             Securities product sales
                                             1988

H.F.S. Agency, Inc.(1)                       Ohio                1989  95%              Tax-deferred annuity sales
                                             1989

Professional Appraisal Services Corp.(1)     Ohio                1993  100%             Appraisal services
                                             1993

Venture Mortgage Corp.(1)                    Ohio                1995  100%             Operating subsidiary
                                             1995

FirstFed Corp(1)                             Delaware            1996  100%             Securitization Issue
                                             1996

Mobile Consultants, Inc.                     Ohio                1996  100%             Origination and servicing of
                                             1973                                       manufactured housing loans


<FN>
(1) Subsidiaries of First Federal Savings and Loan Association of Wooster, subsidiary of the Registrant.

</TABLE>
#### STATE ex rel. Milton REED v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.

No. 86-KH-1996.

Supreme Court of Louisiana.

June 12, 1987.

In re Reed, Milton; applying for supervisory writs; Parish of Orleans, Criminal District Court, Div. “F”, No. 260-736.

Denied.
| Signature                        |                           Title | Date                |
|----------------------------------|-------------------------------------------------------------------------------------------------------------------------------------|---------------------|
|                             |                                                                                                                                |                |
|  /s/ Thomas Sandgaard  |                                                                                                                           |           |
| Thomas      Sandgaard            |     Director, President and Chief      Executive Officer                                                        | March      29, 2010 |
|                             |                                                                                                                                |                |
|  /s/ Fritz G. Allison  |                                                                                                                           |           |
| Fritz      G. Allison            |     Chief      Financial Officer                                                                                | March      29, 2010 |
|                             |                                                                                                                                |                |
|  /s/ Taylor Simonton   |                                                                                                                           |           |
| Taylor      Simonton             |     Director                                                                                                    | March      29, 2010 |
|                             |                                                                                                                                |                |
|  /s/ Mary Beth Vitale       |                                                                                                                           |           |
| Mary      Beth Vitale            |     Director                                                                                                    | March      29, 2010 |
|                             |                                                                                                                                |                |
Exhibit 99(b)


 CERTIFICATION OF CHIEF
 EXECUTIVE OFFICER

Pursuant to Section 906 of
the Sarbanes-Oxley Act 2002 (18 U.S.C. 1350), the undersigned, Terry W. Shaver,
Chief Executive Officer of Abatix Corp. (the Company) has executed
this certification in connection with the filing with the Securities and
Exchange Commission of the Companys Annual Report on Form 10-K for the
year ended December 31, 2002 (the Report).

The undersigned certifies
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 operation of the Company.

IN WITNESS WHEREOF, the
undersigned has executed this certification as of the 20th day of
March, 2003.

|                                             
|---------------------------------------------
|By:  /s/Terry W. Shaver                      
|Name: Terry W. Shaver                        
|Title: President
 and Chief Executive Officer
|Principal Accounting Officer)
III

106TH CONGRESS

2D SESSION S. CON. RES. 130

Establishing a special task force to recommend an appropriate recognition

for the slave laborers who worked on the construction of the United

States Capitol.

IN THE SENATE OF THE UNITED STATES

JULY 13, 2000

Mr. ABRAHAM (for himself and Mrs. LINCOLN) submitted the following concurrent resolution; which was referred to the Committee on Rules and

Administration

CONCURRENT RESOLUTION

Establishing a special task force to recommend an appropriate recognition for the slave laborers who worked on

the construction of the United States Capitol.

Whereas the United States Capitol stands as a symbol of democracy, equality, and freedom to the entire world;

Whereas the year 2000 marks the 200th anniversary of the

opening of this historic structure for the first session of

Congress to be held in the new Capital City;

Whereas slavery was not prohibited throughout the United

States until the ratification of the 13th amendment to

the Constitution in 1865;
2

SCON 130 IS

Whereas previous to that date, African American slave labor

was both legal and common in the District of Columbia

and the adjoining States of Maryland and Virginia;

Whereas public records attest to the fact that African American slave labor was used in the construction of the

United States Capitol;

Whereas public records further attest to the fact that the

five-dollar-per-month payment for that African American

slave labor was made directly to slave owners and not to

the laborer; and

Whereas African Americans made significant contributions

and fought bravely for freedom during the American Revolutionary War: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That—

3 (1) the Speaker of the House of Representa4 tives and the President pro tempore of the Senate

5 shall establish a special task force to study the his6 tory and contributions of these slave laborers in the

7 construction of the United States Capitol; and

8 (2) such special task force shall recommend to

9 the Speaker of the House of Representatives and the

10 President pro tempore of the Senate an appropriate

11 recognition for these slave laborers which could be

12 displayed in a prominent location in the United

13 States Capitol.

Æ
##### 



Exhibit 31.1
 CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER PURSUANT TO  RULES 13A-15(E) AND 15D-15(E) OF THE SECURITIES EXCHANGE ACT
  1.
    
    I have reviewed this annual report on Form 10-QSB of Birmingham Bloomfield Bancshares, 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 small business issuer as of, and for, the periods presented
in this report;4.
    
    The small business issuer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 small business 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 small business 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;b.
    
    [Reserved];c.
    
    Evaluated the effectiveness of the small business 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; andd.
    
    Disclosed in this report any change in the small business issuers internal
control over financial reporting that occurred during the small business issuers most
recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of
an annual report) that has materially affected, or is reasonably likely to materially
affect, the small business issuers internal control over financial reporting; and
 5.
    
    The small business issuers other certifying officer(s) and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the small business
issuers auditors and the audit committee of the small business 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 small business issuers ability to record, process, summarize and report
financial information; andb.
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the small business issuers internal control over
financial reporting.
  /s/  Robert E. FarrRobert E. FarrChief Executive Officer 22