alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Willie Bill MAYES, Appellant, v. The STATE of Texas, Appellee.

No. 27658.

Court of Criminal Appeals of Texas.

Oct. 12, 1955.

*710Eugene A. Blair, Lubbock, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

MORRISON, Presiding Judge.

Our original opinion herein is withdrawn, and the following is substituted in lieu thereof.

The offense is procuring; the punishment, three months in jail and a fine of $200.

A police officer in plain clothes visited a hotel in Lubbock where appellant was a porter. He testified that he asked appellant if he had any girls or prostitutes at the hotel, to which appellant replied, “Well, I don’t have any here, the police department has made it kind of tough on us, but I think I can call you one.”

The officer testified that the appellant advised him that he would have to rent a room, which would cost $1.50; that he paid the money and signed the register; and that the appellant went to the telephone and dialed a number, which he noted.

The officer testified that he advised his two fellow officers, who were waiting in a car, of his progress and waited in the room to which he was taken by appellant for about ten minutes, when a girl arrived and discussed the price she asked for her carnal favors.

The girl was thereupon placed under arrest, as were appellant and the man who drove the girl to the hotel.

Appellant, testifying in his own behalf, gave a somewhat different version of the affair. He testified that the officer first rented a room and then “asked me if I could get him a girl” and “I told him ‘No, sir’ ”; that the officer then showed him a telephone number and told him to call that number and ask for “Kay”; that he placed the call as requested, and some time later a girl came.

He denied that he was acquainted with the girl or her companion, or had seen her before, and denied that he had any knowledge that she was called or went to the *room*for the purpose of sexual relations.

The sole question presented for review is appellant’s contention that the trial court erred in failing to submit to the jury the affirmative defense raised by the appellant’s testimony.

We must now determine if such testimony in fact constitutes an affirmative defense.

The State had charged that the appellant did invite, solicit, procure and allure a female to the Hall Hotel for the purpose of meeting and having sexual intercourse with a male person and had substantiated such charge by the testimony of the officer.

His testimony merely denied that he invited the woman to come to the hotel for the purpose of having sexual intercourse. That is the gravamen of the offense, and who furnished the number or the name of the girl is only incidental. If he knew that she was wanted for the purpose of prostitution when he called her, he is guilty. His testimony that he did not know is merely a denial of an essential element of the State’s case and does not constitute an affirmative defense.

Finding no reversible error, the judgment is affirmed.
#### Paul GONZALES, Appellant, v. The STATE of Texas, Appellee.

No. 27884.

Court of Criminal Appeals of Texas.

Dec. 7, 1955.

*727No attorney on appeal for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

The offense is the unlawful sale of beer in a dry area; the punishment, a fine , of $300./

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular, and nothing is presented for review.

The judgment is affirmed.
CONSENT OF INDEPENDENT AUDITORS



We consent to the  incorporation by reference in the  Registration  Statement of
National  Home  Health  Care  Corp.  on  Form  S-8,  Registration  No.  33-61315
pertaining to the 1992 Stock Option Plan and the 1993 401(K) Plan, as filed with
the  Securities  and Exchange  Commission  on July 26, 1995 of our reports dated
September 26, 1997 (with respect to Note 1 - Stock  Dividend  October 10, 1997),
with respect to the consolidated  financial  statements and schedule of National
Home Health Care Corp.  and  subsidiaries  as at July 31, 1997 and July 31, 1996
and for each of the years in the three year period ended July 31, 1997  included
in its Annual Report on Form 10-K for the year ended July 31, 1997.



/s/ Richard A. Eisner & Company, LLP

New York, New York
October 23, 1997
Exhibit 99

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

     Pursuant to section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a) and (b) of section 1350, chapter 63 of title 18, United
States Code), the undersigned officer of Dicut, Inc., a Delaware
corporation (the "Company"), does hereby certify, to the best of his
knowledge, that:

     1.     The Quarterly Report on Form 10-QSB for the three months ended
June 30, 2003 (the "Form 10-QSB") of the Company complies in all
material respects 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 Form 10-QSB fairly presents,
in all material respects, the financial condition and results of
operations of the Company.

Date: August 14, 2003


/s/ Raj Kalra
Raj Kalra, Chief Executive Officer



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

     Pursuant to section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a) and (b) of section 1350, chapter 63 of title 18, United
States Code), the undersigned officer of Dicut, Inc., a Delaware
corporation (the "Company"), does hereby certify, to the best of his
knowledge, that:

     1.     The Quarterly Report on Form 10-QSB for the three months ended
June 30, 2003 (the "Form 10-QSB") of the Company complies in all
material respects 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 Form 10-QSB fairly presents,
in all material respects, the financial condition and results of
operations of the Company.

Date: August 14, 2003


/s/ Pierre Quilliam
Pierre Quilliam, Chief Financial Officer
##### 



Exhibit 32.1

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

In connection with the Quarterly Report of Tvia, Inc. (the Registrant) on
Form 10-Q for the period ended December 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the Report) I, Eli Porat, Chief
Executive Officer and President of the Registrant, certify, in accordance with
18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that based on my knowledge:

(1) the Quarterly Report on Form 10-Q of the Registrant, to which this
certification is attached as an exhibit (the Report), fully complies
with the requirements of section 13(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78m); and

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

Dated: February 13, 2004
    
    /s/ Eli Porat

Eli Porat
Chief Executive Officer and President
Exhibit 31.1



SECTION 302 CERTIFICATION



I, Kevin R. Griffith, certify that:



1.

I have reviewed this quarterly report on Form 10-QSB of IDI Global, Inc.;



2.

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



(c) 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 issuers 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 small business issuers board of directors (or persons performing the equivalent function):



(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; and



(b) 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.







Date: November 18, 2005

/s/ Kevin R. Griffith

Kevin R. Griffith, Chief Executive Officer

(Principal Executive Officer)
#### Ricky M. WATSON, Plaintiff-Appellant, v. Roy W. CHERRY, Superintendent, Hampton Roads Regional Jail, Defendant-Appellee, and Hampton Roads Regional Jail, Defendant.

No. 02-6873.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 15, 2002.

Decided Aug. 22, 2002.

Ricky M. Watson, Appellant Pro Se. Samuel Lawrence Dumville, Virginia Beach, Virginia, for Appellee.

Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

PER CURIAM.

Ricky M. Watson appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp.2001) complaint. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. *See Watson v. Cherry,*No. CA-01-107-2 (E.D.Va. May 29, 2002). We deny his motions for summary judgment and to obtain medical records. 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.

*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
  In connection with the Quarterly Report of WebEx Communications, Inc. (the "Company") on Form 10-Q for the period ending March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael T. Everett, Chief Financial Officer of the Company, certify, for purposes of Section 1350 of Chapter 63 of Title 18 of the United States Code, that to the best of my knowledge:
  (1) The Report fully complies with the requirements of section 13(a) 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 7, 2004
 
 
 /s/ MICHAEL T. EVERETT
 Michael T. Everett
 Chief Financial Officer
  
 
 
 
 
 
 
 _____________________________
 (*) In accordance with Item 601(b)(32)(ii) of Regulation S-K and SEC Release Nos. 33-8238 and 34-47986, Final Rule: Managements Reports on Internal Control Over Financial Reporting and Certification of Disclosure in Exchange Act Periodic Reports, the certification furnished in this Exhibit 32.2 is deemed to accompany this Form 10-Q and will not be deemed filed for purpose of Section 18 of the Exchange Act. Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, whether made before or after the date hereof irrespective of any general incorporation language contained in any such filing, except to the extent that the registrant specifically incorporates it by reference.
 
 
 Form 10-Q for quarter ended March 31, 2004
Exhibit 32.2

         CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO TITLE 18,
            UNITED STATES CODE, SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Dennis J. Curtin, Senior Vice President - Chief Financial Officer of E-Z-EM,
Inc. (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that, to the best of my knowledge:

1.    the Annual Report on Form 10-K of the Company for the fiscal year ended
      May 29, 2004 (the "Report") fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
      78m or 78o(d)); 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: August 27, 2004                        /s/ Dennis J. Curtin
      -----------------                      -----------------------------------
                                             Dennis J. Curtin, Senior Vice
                                             President - Chief Financial Officer


                                     -114-
Exhibit 31.2
**CERTIFICATION**
I, Thomas S. Liston, certify that:
1. I have reviewed thisquarterly report on Form 10-Q of eFunds Corporation;
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;
b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and
c) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):
a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and
b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
Date: May 10, 2004     /s/ Thomas S. Liston  By: Thomas S. Liston Its: Chief Financial Officer
Exhibit 31.2
**CERTIFICATION**
I, Arthur Nguyen, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Tvia, Inc.;
2. Based on my knowledge, this quarterly report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this quarterlyreport;
3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this quarterly report;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:
a) designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this quarterly report is being prepared;
b) evaluated the effectiveness of the registrant’s disclosurecontrols and procedures; and presented in this quarterly reportour conclusions about the effectiveness of the disclosure controlsand procedures as of the end of the period covered by this reportbased on such evaluation;
c) disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting.
5. The registrant’s other certifying officers and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent function):
a) all significant deficiencies in the design or operation ofinternal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record,process, summarize and report financial data; and
b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internalcontrol over financial reporting.     Date: February 13, 2004     /s/ Arthur Nguyen
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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-6130

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

CALVIN LEE EVERETTE, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Terrence W. Boyle, 

District Judge. (5:01-cr-00068-BO-1; 5:04-cv-00358-BO) 

Submitted: April 16, 2009 Decided: April 27, 2009 

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Calvin Lee Everette, Appellant Pro Se. Anne Margaret Hayes, 

Assistant United States Attorney, Raleigh, North Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Calvin Lee Everette seeks to appeal the district 

court’s order denying his “Motion for Rule 60(b)(1) & (6).” The 

order is not appealable unless a circuit justice or judge issues 

a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). 

A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this 

standard by demonstrating that reasonable jurists would find 

that any assessment of the constitutional claims by the district 

court is debatable or wrong and that any dispositive procedural 

ruling by the district court is likewise debatable. MillerEl v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 

529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th 

Cir. 2001). We have independently reviewed the record and 

conclude that Everette has not made the requisite showing. 

Accordingly, we deny a certificate of appealability and dismiss 

the appeal. 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
#### THESSALONIA B. PRINCE *v.*COMMISSIONER OF CORRECTION

(14738)

Heiman, Spear and Hennessy, Js.

Argued January 11

decision released February 13, 1996

*923
      *Ronald A. Stone,*special public defender, for the appellant (petitioner).

*Robert J. Scheinblum,*deputy assistant state’s attorney, with whom, on the brief, were *Michael Dearington,*state’s attorney, and *John Dropick,*assistant state’s attorney, for the appellee (respondent).

PER CURIAM.

The judgment is affirmed.