alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AFFIRMED; Opinion Filed September 25, 2015.

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00141-CR

JOHNATHAN MICHAEL CLEM, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 5

Dallas County, Texas

Trial Court Cause No. F14-58417-L

MEMORANDUM OPINION

Before Justices Lang, Evans, and Whitehill

Opinion by Justice Evans

Johnathan Michael Clem waived a jury and pleaded guilty to aggravated assault with a 

deadly weapon, a knife. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). After finding 

appellant guilty, the trial court assessed punishment at ten years’ imprisonment. In a single 

issue, appellant contends the trial court erred by failing to orally admonish him as to the 

consequences of his guilty plea. We affirm the trial court’s judgment.

Appellant contends he was harmed by the trial court’s failure to orally admonish him of 

the consequences of his guilty plea because he did not understand the written admonishments. 
-2-

The State responds the trial court properly admonished appellant in writing of the consequences 

of his plea and no further oral admonishment was required.

The record shows the trial court properly admonished appellant in writing. See TEX.

CODE CRIM. PROC. ANN. art. 26.13(a), (c) (West Supp. 2014); Kirk v. State, 949 S.W.2d 769, 771 

(Tex. App.—Dallas 1997, pet. ref’d). Appellant said he had “gone over all the papers” that he 

had signed with his counsel. These papers include appellant’s judicial confession and stipulation

of evidence as well as the plea agreement that contains written admonishments. See TEX. CODE 

CRIM. PROC. ANN. art. 26.13(d). The written admonishments correctly set out the offense with 

which appellant was charged and the punishment range for that offense. The trial court asked 

appellant whether he understood all of his rights. After appellant responded, “not really,” the 

trial court went off the record. The reporter’s record states “Off-the-record discussion held.” 

When the case was back on the record, the trial court again asked appellant if he understood all 

his rights, and appellant responded, “yes, Your Honor.” Nothing in the record shows appellant 

was unaware of the consequences of his plea nor does it affirmatively show he was harmed or 

misled by the admonishments given. We overrule appellant’s sole issue.

We affirm the trial court’s judgment.

/ David Evans/

DAVID EVANS

JUSTICE

Do Not Publish

TEX. R. APP. P. 47

150141F.U05
-3-

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT

JOHNATHAN MICHAEL CLEM, 

Appellant 

No. 05-15-00141-CR V.

THE STATE OF TEXAS, Appellee

Appeal from the Criminal District Court 

No. 5 of Dallas County, Texas (Tr.Ct.No. 

F14-58417-L).

Opinion delivered by Justice Evans, 

Justices Lang and Whitehill participating.

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.

Judgment entered this 25th day of September, 2015.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 463 Introduced in House (IH)]

107th CONGRESS
  2d Session
H. CON. RES. 463

 Expressing the sense of the Congress that on September 11, 2002, the 
 people of the United States should reaffirm the principles for which 
the Nation was founded so that freedom may ring from every community in 
               the Nation and be heard around the world.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2002

    Mr. Wilson of South Carolina submitted the following concurrent 
  resolution; which was referred to the Committee on Government Reform

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Expressing the sense of the Congress that on September 11, 2002, the 
 people of the United States should reaffirm the principles for which 
the Nation was founded so that freedom may ring from every community in 
               the Nation and be heard around the world.

Whereas the United States is founded on the fundamental principle that all 
        people have the inalienable right of life, liberty and the pursuit of 
        happiness;
Whereas the United States stands as a beacon of freedom and opportunity for 
        everyone regardless of race, creed, national origin, or religious 
        belief;
Whereas the strength and vitality of the United States is in the diversity of 
        its people, the diversity of ideas, the freedom to express those ideas, 
        and the opportunity to achieve one's potential and direct one's destiny; 
        and
Whereas these ideals and principles are absolute and will not be surrendered or 
        weakened by the cowardly acts of terrorists who are afraid of freedom 
        and the responsibility it brings: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that on September 11, 2002, the 
people of the United States should reaffirm the principles for which 
the Nation was founded so that freedom may ring from every community in 
the Nation and be heard around the world.
                                 <all>
```
#### The State of Florida ex rel. Stone Brothers, Relators, v. Charles B. Parkhill, Judge of the First Judicial Circuit, Respondent.

(Supreme Court of Florida,

April 18, 1905.)

*402Mandamus, Original writ.

*John M. Calhoun,*for Relators.

No appearance for Respondent.

Per Curiam.

Alternative writ of mandamus granted and issued on petition of Relators. Dismissed on praecipe of counsel for Relators.
#### The State of Flordia by J. B. Whitfield, Attorney-General, Appellant, v. E. R. Marsh and George H. Matheny, Appellees.

Division B.

Appeal from Circuit Court, Manatee county; Joseph B. Wall, Judge.

*Victor H. Knight*(with whom was *K. B. Dnm/right*on ■ the brief), for Appellant.

No appearance for Appellees.

Per Curiam.

There being no proof of service of the appeal herein by recording the entry thereof in the chancery order book or otherwise, and the appellee not haying appeared voluntarily, and the court being without jurisdiction of the person of the appellee, the appeal is dismissed.

Decision
107TH CONGRESS

1ST SESSION H. CON. RES. 32

CONCURRENT RESOLUTION

1 Resolved by the House of Representatives (the Senate

2 concurring), That when the House adjourns on the legisla3 tive day of Wednesday, February 14, 2001, it stand ad4 journed until 2 p.m. on Monday, February 26, 2001, and

5 that when the House adjourns on Monday, February 26,
2

•HCON 32 EH

1 2001, it stand adjourned until 12:30 p.m. on Tuesday,

2 February 27, 2001, for morning-hour debate, or until

3 noon on the second day after Members are notified to reas4 semble pursuant to section 2 of this concurrent resolution,

5 whichever occurs first; and that when the Senate recesses

6 or adjourns at the close of business on Thursday, Feb7 ruary 15, 2001, or Friday, February 16, 2001, on a mo8 tion offered pursuant to this concurrent resolution by its

9 Majority Leader or his designee, it stand recessed or ad10 journed until noon on Monday, February 26, 2001, or

11 until such time on that day as may be specified by its

12 Majority Leader or his designee in the motion to recess

13 or adjourn, or until noon on the second day after Members

14 are notified to reassemble pursuant to section 2 of this

15 concurrent resolution, whichever occurs first.

16 SEC. 2. The Speaker of the House and the Majority

17 Leader of the Senate, acting jointly after consultation with

18 the Minority Leader of the House and the Minority Lead19 er of the Senate, shall notify the Members of the House
3

•HCON 32 EH

1 and the Senate, respectively, to reassemble whenever, in

2 their opinion, the public interest shall warrant it.

Passed the House of Representatives February 14,

2001.

Attest:

Clerk.

107TH CONGRESS

1ST SESSION H. CON. RES. 32

CONCURRENT RESOLUTION

Providing for a conditional adjournment of the

House of Representatives and a conditionalrecess or adjournment of the Senate.
Exhibit 32.1

Certification of CEO Pursuant to

18 U.S.C. Section 1350,

As Adopted Pursuant to

Section 302 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q of JER Investors
Trust Inc. (the Company) for the quarterly period ended March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), Joseph E. Robert, Jr., as Chief Executive Officer of the
Company hereby certifies, 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 his knowledge:

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

2. The information contained in the Report fairly presents, in all material aspects, the financial condition and results of operations of the Company.



|                    |  |        |  |                                                  
|------------------- |  | ------ |  | -------------------------------------------------
|                    |  |       
|Dated: May 10, 2007 |  |        |  | /s/ Joseph E. Robert, Jr.                        
|                    |  | Name:  |  | Joseph E. Robert, Jr.                            
|                    |  | Title: |  | Chief Executive Officer and Chairman of the Board
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

I, David M. Sankaran, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Quarterly Report on Form 10-Q of NightHawk Radiology Holdings, Inc. for the quarter 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 information
contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of NightHawk Radiology Holdings, Inc.



|                      |  |  |  |     |  |                       |  |                                                  
|--------------------- |  |  |  | --- |  | --------------------- |  | -------------------------------------------------
|                      |  |  | 
|Dated: April 30, 2009 |  |  |  | By: |  | /s/ DAVID M. SANKARAN
|                      |  |  |  |     |  | Name:                 |  | David M. Sankaran                                
|                      |  |  |  |     |  | Title:                |  | Senior Vice President and Chief Financial Officer
|                      |  |  |  |     |  |                       |  | (Principal Financial and Accounting Officer)
EXHIBIT 10.1

                                 PROMISSORY NOTE


CDN $60,000.00                                                    June 29, 2005



FOR VALUE RECEIVED the undersigned, SECURAC CORP., a Nevada corporation (the
"Company"), promises to pay MEIR WEIS (the "Holder") at 49 Slopes Point SW,
Calgary, Alberta T3H 3Y8, the sum of Sixty Thousand Canadian Dollars
(CDN$60,000.00). The outstanding principal balance of this Note shall be payable
on or before July 31, 2005 (the "Maturity Date") together with interest in the
amount of CDN$10,000.00.

The Company shall have the right to prepay this Note in full or in part at any
time and from time to time prior to the earlier of the Maturity Date and
conversion of this Note.

The undersigned does hereby waive presentment for payment and notice of
dishonour.

This Note shall be governed by the laws of the Province of Alberta, without
reference to its rules as to conflicts of law.

                                                   SECURAC CORP.

                                             Per:  /s/ Paul James Hookham
                                                   -----------------------
                                                   Chief Financial Officer

                                             Per:  /s/ Terry W. Allen
                                                   -----------------------
                                                   Chief Executive Officer
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23

- 6893

FAISAL ALI , Petitioner

- Appellant ,

v.
WARDEN R. BROWN , Respondent

- Appellee

.

Appeal from the United States District Court for the Northern District of West Virginia , at Wheeling

. John Preston Bailey , District Judge. ( 5:23

- cv - 00240

- JPB )

Submitted : November 6, 2023 Decided: February 8, 2024

Before WYNN and BENJAMIN , Circuit Judges , and TRAXLER, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
Faisal Ali, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6893 Doc: 8 Filed: 02/08/2024 Pg: 1 of 22 PER CURIAM: Faisal Ali, a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice for failure to
exhaust administrative remedies Ali ’s 28 U.S.C. § 2241 petition , in which Ali challenged
the execution of his sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court ’s order

. Ali v. Brown , No. 5:23

- cv - 00240

- JPB (N.D.W. Va. Aug. 15, 2023). We dispense with oral argument because the fact s and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 23-6893 Doc: 8 Filed: 02/08/2024 Pg: 2 of 2
**EXHIBIT 31.1****CERTIFICATION**I, Crit S. DeMent, certify that: 1. I have reviewed this quarterly report on Form 10-Q for the quarter ended March 31, 2007 ofLease Equity Appreciation Fund II, L.P.;  2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;  3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) [omission in accordance with SEC Release No. 33-8760 (December 15, 2006)] for theregistrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) [omission in accordance with SEC Release No. 33-8760 (December 15, 2006)];  (c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  (d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.        Date: May 15, 2007 /s/ Crit S. DeMent   Name:  Crit S. DeMent   Title:  Chief Executive Officer of the General Partner
Exhibit 31.2

Certification

I,
James A. Peers, certify that:

1.     I
have reviewed this Quarterly Report on Form 10-Q of GFI Group Inc.;

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



Date:
May 11, 2009

|                                       |  | 
|-------------------------------------- |  | 
|/s/ JAMES A. PEERS                     |  | 
|James A. Peers Chief Financial Officer |  | 

---



QuickLinks
**EXHIBIT32.1**

 

**Section 1350 Certification**

**Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002**

**(Subsections(a) and (b) of Section 1350, Chapter 63 of Title 18, UnitedStates Code)**

 

Pursuant to section 906of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section1350, chapter 63 of title 18, United States Code), each of the undersignedofficers of Symmetry Medical Inc., a Delaware corporation (the “Corporation”),does hereby certify that:

 

The Quarterly Report on Form 10-Q/Afor the quarter ended March 31, 2007 (the “Form 10-Q/A”) of theCorporation fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and information contained in the Form 10-Q/Afairly presents, in all material respects, the financial condition and resultsof operations of the Corporation.

 

 
| April 23, 2008 | /s/ Brian S. Moore      |
|---------------------|-------------------------|
|                | Brian S. Moore          |
|                | Chief Executive Officer |
|                |                    |
|                |                    |
|                | /s/ Fred L. Hite        |
|                | Fred L. Hite            |
|                | Chief Financial Officer |

 

----
##### 



EXHIBIT 32.2
 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER 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; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and result of operations of the Company.
 Date: May 21, 2007/s/ A. Keith Wall

A. Keith WallChief Financial Officer(Principal Financial and Accounting Officer)
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 Roebling Finanical Corp, Inc. (the “Company”) on Form 10-Q for the quarter ended December 31, 2010 (the “Report”) as filed with the Securities and Exchange Commission on the date hereof, we, Frank J. Travea, III, President and Chief Executive Officer, and Janice A. Summers, Senior Vice President, Chief Operating Officer and 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)           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.





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 Securiteis and Exchange Commission or its staff upon request.














/s/ Frank J. Travea, III

/s/ Janice A. SummersFrank J. Travea, III

Janice A. SummersPresident and Chief Executive Officer

Senior Vice President, Chief Operating Officer and Chief Financial OfficerFebruary 14, 2011

February 14, 2011
**EXHIBIT
      32.2**




CERTIFICATE
      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 True North Energy Corporation (the
      “Company”) on Form 10-QSB for the quarter ended October 31, 2007 as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Massimiliano Pozzoni, Principal 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
                respect, the financial condition and result of operations of the
                Company.





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.





/s/
                Massimiliano PozzoniName:
            Massimiliano
                PozzoniTitle:
            Principal
                Financial OfficerDate:
            December
                17, 2007
October 25, 2016

JUDGMENT

The Fourteenth Court of Appeals

IN THE INTEREST OF G.E.M., A CHILD

NO. 14-16-00628-CV 

________________________________

Today the Court heard its own motion to dismiss the appeal from the judgment 

signed by the court below on May 4, 2016. Having considered the motion and found 

it meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by 

appellant.

We further order this decision certified below for observance.
[No. 18416-8-II.

Division Two.

August 23, 1996.]

#### Hillhaven Properties Limited, *Appellant,*v. Sellen Construction Co., Inc., et al., *Respondents.*

Appeal from a judgment of the Superior Court for Pierce County, No. 91-2-11357-8, Terry D. Sebring, J., entered June 13, 1994. *Reversed*by unpublished opinion per Morgan, J., concurred in by Seinfeld, C.J., and Houghton, J.