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

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

June 28, 2010 

s0621 

Order 

 

June 28, 2010 

140598 & (80) 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 140598 

 COA: 286957 

Wayne CC: 07-021351-FC 

ANGELO LAMONT WISE, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the February 2, 2010 

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

persuaded that the questions presented should be reviewed by this Court. The motion to 

remand is DENIED.
*       *       *       *       *












EXHIBIT
32




CERTIFICATION
OF CHIEF EXECUTIVE OFFICER AND


CHIEF
FINANCIAL OFFICER PURSUANT TO 18 U.S.C.


SECTION
1350, AS ADOPTED PURSUANT TO SECTION


906 OF
THE SARBANES-OXLEY ACT OF 2002





The
undersigned officers each certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual Report of China YCT International Group, Ltd. on Form 10-K for the fiscal
year ended March 31, 2009 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that the information
contained in such Annual Report on Form 10-K fairly presents in all material
respects the financial condition and results of operations of the
Company.





Date:
      June 29, 2009
              /s/ Yan
      Tinghe
 Yan Tinghe, Chief Executive Officer





Date:
      June 29, 2009
              /s/ Zhang
      Jirui
 Zhang Jirui, Chief Financial Officer








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





A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version 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.
#### Terry R. BURCH & Jerry W. Brandt v. DeSOTO PARISH SCHOOL BOARD, et al.

No. 86-C-2571.

Supreme Court of Louisiana.

Jan. 30, 1987.

In re Brandt, Jerry W.; applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 18260-CA; Parish of DeSoto, 11th Judicial District Court, Div. “A”, No. 44334.

Denied.

CALOGERO and LEMMON, JJ., would grant and remand with instructions to permit amendment to remove the grounds for the objection.
FI LED U. S . COURT OF AP PE ALS E L E V E N T H C IR C U IT A ug. 1, 2008 T HOM AS K. KAHN CL E RK [ DO NO T P UB L I S H] I N THE UN I TE D STATE S C OU RT OF APPE ALS F O RT H E E L E V E N T H C IR C U IT

________________________ N o. 07- 13123 N on -A rgum entC al endar

________________________ D . C. D o c k e tN o . 0 6 - 0 0 0 7 8 - CR- 4 - SPM - W CS U N I T E D S T A T E S O F A M E R I C A , P la in tif f - A p p e lle e , v ersu s W A R D E L L G O R D O N , D e f e n d an t- A p p e llan t.

________________________ A pp ea lfr om the U ni t ed S t at es D i stri ctC ou rt f orthe N orthe rn D i s tr i c tof F l or i da

_________________________ ( A u gu s t1, 2008) B efo re T JO F L A T , M A R C U S an dW IL S O N , C i rcu i tJu d g es. P E RC U R I A M: N oe lG . L aw r e nc e , appoi nt e d c ouns e lf orW ar de l lG or don, ha s f i l e d a2

m ot i on t o w i thdr aw on appe a ls upport e d byabr i e f pr e par e d pur s uantt o A nde r s v. C a l i f orni a , 386 U . S . 738, 87 S . C t . 1396, 18 L . E d. 2d 493 ( 1967) . O uri nde pe nde nt r e vi e w of

the e nt i r e r e c or d r e ve a l s tha tc ouns e l ’ s a s s e s s m e ntof the r e l a t i ve m e r i tof th e ap p e a l is c o rr e c t. B e c au s e in d e p e n d e n t e x am in a tio n o f th e e n tir e r e c o r dr e v e a ls n o i ssu es o f arg u ab l e m eri t , co u n sel ’ s m o t i o n t o w i th d raw i s G R A N TED and G ordo n’ s c on vi ct i on and sent ence ar e A FFI R M ED .
EXHIBIT 32.1

 

CERTIFICATIONS OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER

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

(18 U.S.C 1350)

 

Each of the undersigned officers of Cole Credit Property Trust , Inc. (the “Company”) hereby certifies, for purposes of Section 1350 of Chapter 63 of Title 18 of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge:

 

(i) the accompanying Quarterly Report on Form 10-Q of the Company for the period ended March 31, 2009 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934; as amended, and

 

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

 

|   |   |         | **Cole Credit Property Trust , Inc.**

  |
|--------|--------|--------------|-----------------------------------------------|
|   |   |         |                                          | By:  | /s/ Christopher H. Cole |
|   |   |         |                                          | Name:  | Christopher H. Cole |
|   |   |         |                                          | Title:  | Chief Executive Officer, President, and Director (Principal Executive Officer) |
|   |   |         |                                          |   |   |
|   |   |         |                                          | By:  | /s/ D. Kirk McAllaster, Jr. |
|   |   |         |                                          | Name:  | D. Kirk McAllaster, Jr. |
|   | Date:  | May 14, 2009 |                                          | Title:  | Executive Vice President, Chief Financial Officer, and Director (Principal Financial Officer and Accounting Officer) |

 

The foregoing certification is being furnished with the Company’s Quarterly Report on Form 10-Q for the period ended March 31, 2009 pursuant to 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and it is not to be incorporated by reference into any filing of the Company, whether made before or        after the date hereof, regardless of any general information language in such filing, except to the extent that the Company specifically incorporates by reference. 

 

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.
IN THE

TENTH COURT OF APPEALS

No. 10-09-00009-CR

ED COOKS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court No. 31327-CR

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

The jury convicted Edward Cooks of 5 counts of sexual assault and assessed his 

punishment at 35 years confinement and a $10,000 fine for each count. TEX. PENAL

CODE ANN. 22.011 (Vernon Pamph. 2010). We reverse and remand.

The reporter’s record in this appeal was originally due on April 13, 2009. After 

numerous attempts to obtain the record, this Court issued an order on November 10, 

2010, abating the appeal for a second time to determine whether the reporter’s record 
Cooks v. State Page 2

was “lost or destroyed” within the meaning of TEX. R. APP. P. 34.6(f). The trial court 

conducted a hearing in accordance with this Court’s order.

The trial court entered findings that (1) the original court reporter is not capable 

of preparing the reporter’s record in this appeal, (2) another certified court reporter 

determined that a proper reporter’s record cannot be prepared from the records, and (3) 

the reporter’s record is irretrievably lost. The trial court concluded that the lost, 

destroyed, or inaudible portions of the reporter’s record are necessary to the appeal’s 

resolution.

Rule 34.6 (f) states that an appellant is entitled to a new trial under the following 

circumstances:

(1) if the appellant has timely requested a reporter's record;

(2) if, without the appellant's fault, a significant exhibit or a 

significant portion of the court reporter's notes and records has been lost 

or destroyed or--if the proceedings were electronically recorded--a 

significant portion of the recording has been lost or destroyed or is 

inaudible;

(3) if the lost, destroyed, or inaudible portion of the reporter's 

record, or the lost or destroyed exhibit, is necessary to the appeal's 

resolution; and

(4) if the lost, destroyed or inaudible portion of the reporter's 

record cannot be replaced by agreement of the parties, or the lost or 

destroyed exhibit cannot be replaced either by agreement of the parties or 

with a copy determined by the trial court to accurately duplicate with 

reasonable certainty the original exhibit.

Because the reporter’s record is irretrievably lost and necessary to the appeal, we 

reverse Cooks’s convictions and remand the case for a new trial. Payne v. State, 802 

S.W.2d 686 (Tex. Crim. App. 1990).
Cooks v. State Page 3

AL SCOGGINS

Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Reversed and remanded 

Opinion delivered and filed February 2, 2011

Do not publish

[CRPM]
#### SHARP ELECTRONICS CORPORATION, Appellant, v. William Dale ROMEKA and Ellen K. Romeka, his wife, Appellees.

No. BM-12.

District Court of Appeal of Florida, First District.

Sept. 23, 1987.

Rehearing Denied Oct. 29, 1987.

*722V. James Facciolo and Thomas F. McMorrow, of Cowles, Hayden, Facciolo, McMorrow & Barfield, P.A., Jacksonville, and Thomas M. Ervin, Jr., and Robert M. Ervin, Jr., of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for appellant.

Charles Cook Howell, III, of Commander, Legler, Werber, Dawes, Sadler & Howell, Jacksonville, and Robert P. Smith, Jr., of Hopping, Boyd, Green & Sams, Tallahassee, for appellee.

PER CURIAM.

Sharp Electronics Corporation appeals a judgment awarding damages for injuries suffered by William Romeka caused by defects in a microwave oven manufactured by Sharp. Sharp raises eight points on appeal.

Points one through seven attack discretionary rulings on the admissibility of testimony. We have carefully reviewed the record and conclude that appellant has failed to demonstrate that these rulings constituted an abuse of discretion resulting in harmful error.

The eighth point complains that during final argument counsel for appellees made a number of highly improper and inflammatory statements which were so prejudicial to Sharp that a new trial must be ordered. We agree that some of the statements were improper and should not be condoned, and caution trial counsel to be more attentive to the scope of permissible argument. Likewise, it appears that the trial judge could have been more direct and definitive in his rulings on some of appellant’s objections to the argument. After carefully reviewing the final arguments in their entirety in context with the trial record as a whole, however, we are unable to conclude that counsel’s improper statements so affected the trial and the jury’s verdict as to amount to harmful error and require the case to be tried again.

AFFIRMED.

THOMPSON and ZEHMER, JJ., concur.

BARFIELD, J., dissents with written opinion.

BARFIELD, J.,

dissenting:

I dissent.

The defendant has a right to lose in a fair fight. In this personal injury case a series of otherwise harmless errors concluded with the trial judge endorsing a plea by plaintiff’s counsel that the jurors not let their judgment interfere with their passions and prejudices. Although defense counsel repeatedly objected to improper argument by plaintiff’s counsel, those objections were fruitless. In only one instance did the trial judge sustain a defense objection.

The most offensive intrusion by the trial judge during closing argument came when the plaintiff’s counsel referred to defendant’s “infinite resources.” There was no issue of punitive damages in this case and such comment, however disguised, was improper. The trial judge’s response to the objection and motion for mistrial was, “Mr. Howell, just to clear the record, I think probably ‘infinite resources’ is an overstatement. I think only God has those.”

This trial concluded much like a boxing match in which the defendant stands inside the ring with gloves on, and the plaintiff and judge stand outside the ring and throw chairs.
[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Notices]
[Page 19058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7512]


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

DEPARTMENT OF VETERANS AFFAIRS


Advisory Committee on Former Prisoners of War, Notice of Meeting

    The Department of Veterans Affairs (VA) gives notice under Public 
Law 92-463 (Federal Advisory Committee Act) that the Advisory Committee 
on Former Prisoners of War has scheduled a meeting on April 9-11, 2012, 
in Room 230 at the Department of Veterans Affairs, 810 Vermont Avenue 
NW., Washington, DC. The meeting will begin at 1 p.m. and end at 4 p.m. 
on April 9 and from 9 a.m. to 4 p.m. on April 10 and 11.
    The purpose of the Committee is to advise the Secretary of Veterans 
Affairs on the administration of benefits under Title 38, United States 
Code, for Veterans who are former prisoners of war, and to make 
recommendations on the needs of such Veterans for compensation, health 
care, and rehabilitation.
    On April 9, the Committee will hear from its Chairman and receive a 
briefing on the Employee Education System and annual ethics training. 
On April 10, the Committee will receive additional briefings by its 
Chairman, the Under Secretary of Benefits, and the Director, 
Compensation Service. They will also receive briefings on the Robert E. 
Mitchell Center; home care programs available to former prisoners of 
war through the Veterans Health Administration for those physically 
unable to visit a VA health care facility; and outreach to the former 
prisoners of war community. On April 11, the Committee will discuss its 
recommendations and topics for future discussion. Time will be 
allocated for receiving public comments at 2 p.m.
    Individuals who speak are invited to submit 1-2 page summaries of 
their comments at the end of the meeting for inclusion in the official 
meeting record. Members of the public may also submit written 
statements for the Committee's review to Ms. Pam Burd, Program Analyst, 
Compensation Service (212), Department of Veterans Affairs, 810 Vermont 
Avenue NW., Washington, DC 20420, or email at <a href="/cdn-cgi/l/email-protection#5b2b3a363e373a75392e293f1b2d3a753c342d"><span class="__cf_email__" data-cfemail="6b1b0a060e070a45091e190f2b1d0a450c041d">[email protected]</span></a>. Any 
member of the public seeking additional information should contact Ms. 
Burd at (202) 461-9149.

    Dated: March 23, 2012.

    By Direction of the Secretary.
Vivian Drake,
Committee Management Officer.
[FR Doc. 2012-7512 Filed 3-28-12; 8:45 am]
BILLING CODE P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Consent of Independent
Registered Public Accounting Firm




The Board
of Directors


Allion
Healthcare, Inc.




We hereby
consent to the incorporation by reference in the Registration Statement on Form
S-8 (No. 333-127758) of Allion Healthcare, Inc. of our report dated
March 14, 2008, relating to the consolidated financial statements and
schedule and the effectiveness of Allion Healthcare, Inc.’s internal control
over financial reporting, which appear in this Form 10-K for the year ended
December 31, 2007.






/s/
      BDO Seidman, LLP




March
      14, 2008
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 53 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
S. J. RES. 53

  To commemorate fallen firefighters by lowering the American flag to 
  half-staff on the day of the National Fallen Firefighters Memorial 
                    Service in Emittsburg, Maryland.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 22), 2000

   Mr. Roth (for himself, Mr. Sarbanes, and Mr. Biden) submitted the 
    following resolution; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
  To commemorate fallen firefighters by lowering the American flag to 
  half-staff on the day of the National Fallen Firefighters Memorial 
                    Service in Emittsburg, Maryland.

Whereas 1,200,000 men and women comprise the American fire and emergency 
        services;
Whereas the fire and emergency services is considered one of the most dangerous 
        jobs in the United States;
Whereas fire and emergency services personnel respond to over 16,000,000 
        emergency calls annually, without reservation and with little regard for 
        their personal safety;
Whereas fire and emergency services personnel are the first to respond to an 
        emergency, whether it involves a fire, medical emergency, spill of 
        hazardous materials, natural disaster, act of terrorism, or 
        transportation accident;
Whereas approximately one-third of all active fire and emergency personnel 
        suffer debilitating injuries annually; and
Whereas approximately 100 fire and emergency services personnel die annually in 
        the line of duty: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That each year, the American 
flags on all Federal office buildings will be lowered to half-staff on 
the day of the National Fallen Firefighters Memorial Service in 
Emittsburg, Maryland.
                                 <all>
```
1J ORIGINAL 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

DA 22-0545 

IN RE THE MARRIAGE OF: 

LINDSAY B. GOUDREAU, 

Petitioner, Appellee, 

and Cross-Appellant 

and 

JEFFREY A. GOUDREAU, 

Respondent, Appellant, 

and Cross-Appellee. 

FILED 

FEB 2 0 2024` 

Bowen Greenwood 

Clerk of Supreme Court State of Montana 

ORDER 

On January 16, 2024, we issued an opinion in the above-entitled action, affirming 

in part, reversing in part, and remanding for correction of clerical errors in the Decree of 

Dissolution. In re Marriage of Goudreau, 2024 MT 6N. Lindsay subsequently filed a 

petition for rehearing. Jeff timely filed a response and request for sanctions pursuant to 

M. R. App. P. 19(5). 

M. R. App. P. 20(1)(a) provides that a petition for rehearing will be considered only 

when the Court "overlooked some fact material to the decision," when "it overlooked some 

question presented by counsel that would have proven decisive to the case," or when "its 

decision conflicts with a statute or controlling decision not addressed" by the Court. 

Having fully considered Lindsay's petition, we see no basis for granting rehearing under 

M. R. App. P. 20(1)(a). 

M. R. App. P. 19(5) provides that the Court may "award sanctions to the prevailing 

party in [a]... petition for relief determined to be frivolous, vexatious, filed for purposes of 

harassment or delay, or taken without substantial and reasonable grounds." While we 

conclude Lindsay's claims in this petition are without merit, we decline to adopt the 

characterization of bad faith advanced by Jeff in his response. 

02/20/2024

Case Number: DA 22-0545
Justices 

Accordingly, 

IT IS HEREBY ORDERED that the petition for rehearing is DENIED. 

IT IS FURTHER ORDERED that Jeff's request for sanctions is DENIED. 

The Clerk of Court is directed to mail copies of this Order to all counsel of record. 

DATED this C-6 day of February, 2024. 

2
**Exhibit** **32.1**

 

**Certification of Chairman and Chief Executive Officer**

 

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of HyperSpace Communications, Inc. (the “*Company*”) hereby certifies, to such officer’s knowledge, that:

 

(i) the accompanying Quarterly Report on Form 10-QSB of the Company for the quarter ended September 30, 2006 (the “*Report*”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

 

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

 

|              | /s/ John P. Yeros                    |
|-------------------|--------------------------------------|
| November 14, 2006 | John P. Yeros                        |
|              | Chairman and Chief Executive Officer |
**Exhibit 32.2**

 

**I-LINK INCORPORATED**

 

**OFFICER’S CERTIFICATIONPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C. 1350)**

 

October 25, 2004

 

 

Theundersigned Gary M. Clifford, duly appointed and incumbent officer of I-LinkIncorporated, a Florida corporation (the “Corporation”), in connection with theCorporation’s Annual Report on Form 10-K, as amended, for the annual period ended December31, 2002, as filed with the Securities and Exchange Commission on the datehereof (the “Report”), does hereby represent, warrant and certify pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, as amended, that, to the best ofhis knowledge:

 

1.               TheReport is in full compliance with reporting requirements of Section 13(a) ofthe Securities Exchange Act of 1934, as amended; and

 

2.               Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operation of the Corporation.

 

 

 

 

/s/ Gary M.  Clifford

 

 

 

Gary M.  Clifford

 

 

Chief  Financial Officer
**EXHIBIT 32.2**

 

**CERTIFICATION OF PRINCIPAL**

**FINANCIAL OFFICER PURSUANT TO**

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

**AS ADOPTED PURSUANT BY**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the quarterly report of The Flooring Zone, Inc. (the “Company”) on Form 10-QSB for the quarter ended March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael Carroll, Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

 (1) the Report fully complies with the requirements of section 13 (a) or 15 (d) of the Securities Exchange Act of 1934; and

 

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

 

 
| Date: May 22, 2007 | By: /s/ Michael Carroll                      |
|--------------------|----------------------------------------------|
|               | Michael Carroll, Principal Financial Officer |
#### Rocco Frank BONURA, Jr. v. Loretta Alfonso BONURA.

No. 87-C-0826.

Supreme Court of Louisiana.

May 15, 1987.

In re Bonura, Loretta Alfonso; applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. CA-6468; Parish of Orleans, Civil District Court, Div. “L”, No. 86-6159.

Prior report: La.App., 505 So.2d 143.

Denied. Result is correct.