alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered November 4 , 2016

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 16 - 01147 - CR VAN LEE BREWER, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Jud icial District Court

Dallas County, Texas Trial Court Cause No. F - 89 - 97479 - U



### O RDER Before the Court is attorney Riann C. Moore’s November 3, 2016 motion to withdraw as counsel and for appellant to proceed pro se. We GRANT the motion to withdraw. We DIR ECT the Clerk of the Court to remove Riann C. Moore as appellant’s counsel. We further DIRECT the Clerk to send future communications to appellant directly at his address, Mr. Van Lee Brewer, 4861 CR 4101, Kaufman, Texas 75142.

/s/ ADA BROWN JUSTICE
#### MASON v. STATE.

No. 23744.

Court of Criminal Appeals of Texas.

June 4, 1947.

No appearance for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Upon trial under an indictment charging appellant with assault with intent to murder M. D. Lloyd, appellant was convicted of an aggravated assault, and his punishment assessed at a fine of $750.

No statement of facts is brought forward, and no bills of exception appear in the record. No oOjcitions to the charge to the jury were presented. As the record appears before us no question is presented for review.

The judgment is affirmed.
#### WALTERS v. STATE.

No. 23734.

Court of Criminal Appeals of Texas.

June 28, 1947.

Rehearing Denied Oct. 22, 1947.

No appearance for appellant.

. Ernest S. Goens, State’s Atty., of'Austin, for the State.

DAVIDSON, Judge.

This is a case of negligent homicide of the second degree; the punishment, confinement in the county jail for ninety days.

The unlawful act relied upon as com stituting the offense charged was' the operation of a motor vehicle in an incorporated city at a greater rate of speed than thirty miles per hour.

The proof shows that appellant, while driving his automobile upon a public street in the city of Wichita Falls at a high rate of speed estimated at fifty or sixty miles per hour, struck the deceased, hurling the body about seventy feet away — as a result of which death' ensued a short time thereafter.

The defensive theory was that the death of the deceased, was the result of an unavoidable accident and contributory negligence on the part of the deceased, and not due to any negligence on the part of the appellant.

The facts amply support the jury’s conclusion of guilt.

The only errors here asserted relate to the refusal of special requested charges, among which was. a charge presenting the defense of contributory negligence on the part of the deceased which was refused.

Contributory negligence is not a defense to the crime of negligent homicide. Stover v. State, 132 Tex.Cr.R. 356, T04 S. W.2d 48; Biscamp v. State, 142 Tex.Cr.R. 401, 154 S.W.2d 466.

The matters presented in the other charges requested appear to. have been sufficiently presented in the trial court’s charge.

No reversible error appearing, the judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the court.

On Motion for Rehearing.

KRUEGER, Judge.

Appellant in his motion for rehearing reiterates his contentions made on the *622original submission of the case. We have again reviewed the record in the light of his motion, but remain of the opinion that the case was properly disposed of on original submission.

The motion is overruled.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
EXHIBIT 99
                           ==========

        Certification of Chief Executive Officer Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350
- ----------------------------------------------------------------------

In connection with the Annual Report of JavaJuice.net (Registrant)
on Form 10-KSB for the period ended December 31, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Laura P. Mazany, Chief Executive Officer of Registrant, hereby certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge
and belief:

   (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 Registrant.


Date: March 13, 2003        /s/ Laura P. Mazany
                              ----------------------------------
                              Chief Executive Officer of
                              JavaJuice.net, Registrant





  Certification of Chief Financial Officer Pursuant to Section 906
     of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350
  ----------------------------------------------------------------

In connection with the Annual Report of JavaJuice.net (Registrant)
on Form 10-KSB for the period ended December 31, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Laura P. Mazany, Chief Financial Officer of Registrant, hereby certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that, to the bet of my
knowledge and belief:

   (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 Registrant.



Date: March 13, 2003    /s/ Laura P. Mazany
                          ---------------------------------------------
                          Chief Financial Officer of
			        JavaJuice.net, Registrant
EXHIBIT 23
**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
We consent to the incorporation by reference in Registration Statement No.2-74613 on Form S-16 and No. 33-66474 on Form S-8 of EnergySouth, Inc. (the“Company”), as successor to Mobile Gas Service Corporation, No. 333-02271 onForm S-3, and No. 333-103713 on Form S-8 of the Company, of our report datedNovember 30, 2004, appearing in this Annual Report on Form 10-K of the Companyfor the year ended September 30, 2004.   /s/ Deloitte & Touche LLP
EXHIBIT 31.1

CERTIFICATION

I, Mark Blodgett, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of StockerYale, 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 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 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 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 14, 2007              
|                                     
|/s/ Mark W. Blodgett                 
|Mark W. Blodgett                     
|President and Chief Executive Officer
| Subsidiary                         |   | State      of organization |
|------------------------------------|--------|----------------------------|
|                               |   |                       |
| Hoku      Materials, Inc.          |   | Delaware                   |
|                               |   |                       |
| Hoku      Materials Holdings, Inc. |   | Delaware                   |
|                               |   |                       |
| Hoku      Solar, Inc.              |   | Delaware                   |
|                               |   |                       |
| Hoku      Solar Power I, LLC       |   | California                 |
|                               |   |                       |
| Hoku      Power Investments LLC    |   | Hawaii                     |
|                               |   |                       |
| Hoku      Power Project 1 LLC      |   | Hawaii                     |

----
Exhibit 23.1




CONSENT OF


INDEPENDENT REGISTERED CHARTERED ACCOUNTANTS






We consent to the incorporation by reference in Registration Statement No.333-176261 on Form S-8 and to the use of our reports dated March 21, 2013 relating to the consolidated financial statements of Sonde Resources Corp. (which report expresses an unmodified opinion and includes an emphasis of matter paragraph related to the existence of material uncertainties that cast substantial doubt about Sonde Resource Corp.’s ability to continue as a going concern) and the effectiveness of Sonde Resources Corp.'s internal control over financial reporting appearing in this Annual Report on Form 40-F of Sonde Resources Corp. for the year ended December 31, 2012.




/s/  Deloitte LLP






Independent Registered Chartered Accountants




Calgary, Canada


March 21, 2013
EXHIBIT A

Case 6:20-cv-00533-ADA Document 46-3 Filed 03/05/21 Page 1 of 2
Materials and Other Information Considered 

 Plaintiff’s Opening Claim Construction Brief (6:20-cv-00534, 6:20-cv-00536, 6:20-cv00538, 6:20-cv-00542) and associated exhibits 

 Plaintiff’s Opening Claim Construction Brief (6:20-cv-00533, 6:20-cv-00535, 6:20-cv00540, 6:20-cv-00543) and associated exhibits 

 U.S. Pat. No. 6,882,627 (’627 Patent) 

 U.S. Pat. No. 7,508,755 (’755 Patent) 

 U.S. Pat. No. 7,872,973 (’973 Patent) 

 Prosecution History of the ’627 Patent 

 Prosecution History of the ’755 Patent 

 Prosecution History of the ’973 Patent 

 Plaintiff’s Preliminary Constructions 

 Huawei’s Preliminary Constructions 

Case 6:20-cv-00533-ADA Document 46-3 Filed 03/05/21 Page 2 of 2
---

Exhibit 4.173


ASSIGNMENT OFGEOTHERMALLEASEAGREEMENT

This Assignment of Geothermal Lease Agreement #189093 ("Assignment") is executed and delivered effective as of May 6, 2011, by and between RLF Nevada Properties, LLC, a Colorado limited liability company ("Assignor") and Blue Mountain Research & Development LLC, a Nevada limited liability company (“Assignee”).

Assignor has on this date conveyed to Assignee all of its right, title and interest in and to certain real property located in Humboldt County, Nevada, legally described on Exhibit Aattached hereto and incorporated herein by this reference (the "Property").

FOR AND IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Assignment. Assignor hereby conveys, assigns, transfers and sets over to Assignee all of its right, title and interest in and to that certain Geothermal Lease Agreement #189093, dated March 31, 2003, by and between RLF Nevada Properties, LLC, successor in interest to Nevada Land and Resource Company, LLC, a limited liability company and NGP Blue Mountain I LLC, successor in interest to Nevada Geothermal Power Company, successor in interest to Noramex Corporation, a Nevada Corporation.

Assumption. Assignee hereby accepts such assignment and assumes all liabilities, and agrees to perform all duties and obligations of Assignor under the Geothermal Lease # 189093 arising or accruing from and after the date hereof.

IN WITNESSTNESS WHEREOF, Assignor and Assignee have caused this Assignment and Assumption Agreement to be executed and delivered as of the date first above written.

ASSIGNOR:RLF Nevada Properties LLCA Colorado limited companyBy: /s/ James W GeiszTitle: Authorized Representative

ASSIGNEE:Blue Mountain Research & Development LLCBy: /s/ John H. SnowTitle: Managing Member






---

STATE OF COLORADO

   ))

   ss.COUNTY OF EL PASO

   )




This instrument was acknowledged before me on 12 May, 2011 by James W. Geisz its Authorized Representative of and for Nevada Properties, LLC, a Colorado Limited Liability Company






---

Exhibit A The portion of Geothermal Lease Agreement that pertains to the section described below: All of Section 13, Township 36 North, Range 34 East, MDB&E lying in Humboldt County, Nevada containing approximately 640.00 acres.


---
Exhibit 32.2 CERTIFICATION OF PRINCIPAL
FINANCIAL OFFICERPursuant to 18
U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 I, Drew A.
Moyer, Principal Financial Officer of Technitrol, Inc., certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that: (1)
the
  quarterly report on Form 10-Q for the three months ended June 29, 2007 (the
  Periodic Report) which this statement accompanies 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)
information
  contained in the Periodic Report fairly presents, in all material respects,
  the financial condition and results of operations of Technitrol, Inc.  Dated: August
  6, 2007
/s/ Drew A.
  MoyerDrew A.
  Moyer A signed
original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to Technitrol, Inc., and will be
retained by Technitrol, Inc., and furnished to the Securities and Exchange
Commission or its staff upon request. This certification accompanies
the Form 10-Q to which it relates, is not deemed filed with the Securities and
Exchange Commission and is not to be incorporated by reference into any filing
of the Registrant under the Securities Act of 1933 or the Securities Exchange
Act of 1934 (whether made before or after the date of the Form 10-Q),
irrespective of any general incorporation language contained in such filing.
Exhibit 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER


CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


I, David A. Spiegel, certify that:

1. I have reviewed this quarterly report on Form 10-Q of The Stephan Co.;

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 statements made, in light of the circumstances under
which such 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 quarterly 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
quarterly 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-14 and 15d-14) for the registrant and we
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 registrant, including
its consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this quarterly report is
being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this quarterly report our conclusions about
the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this quarterly report based on such evaluation;
and

c) disclosed in this quarterly report any change in the registrant's
internal controls over financial reporting that occurred during the
registrant's most recent fiscal quarter that has materially affected, or
is reasonably likely to affect, the registrant's internal controls over
financial reporting; and
                                     1

CERTIFICATION OF CHIEF FINANCIAL OFFICER (continued)


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

a) all significant deficiencies and material weaknesses in the design or
operation of internal controls over financial reporting which are
reasonably likely 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 other
employees who have a significant role in the registrant's internal
controls.



/s/ David A. Spiegel
__________________________________
David A. Spiegel
Chief Financial Officer
May 14, 2004
Case 5:20-cv-00746-JKP Document 114-5 Filed 10/28/22 Page 1 of 15
GUERRA 000146

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GUERRA 000147

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GUERRA 000148

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GUERRA 000149

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GUERRA 000150

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GUERRA 000152

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GUERRA 000153

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GUERRA 000155

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GUERRA 000156

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GUERRA 000157

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GUERRA 000158

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GUERRA 000159

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GUERRA 000160

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GUERRA 000161

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|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                   |                                                                             |          |
|------------------------|----------------------------------------------------------------------------------|---------------|
| Dated: August 16, 2007 | By:                                                                    | /s/ John King |
|                   | John              King                                                           |
|                   | Chief                Executive Officer andChief                Financial Officer |

----