alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Lorri ANDERSON OBO G.T. and R.T., Plaintiff, v. Michael Scott TREDWELL, Defendant.

No. COA19-31

Court of Appeals of North Carolina.

Filed: August 6, 2019

REVERSED.
Exhibit
32





In
connection with the quarterly filing of Artfest International, Inc., a Delaware
corporation (the "Company"), on Form 10-Q for the three months ended March 31,
2008 as filed with the Securities and Exchange Commission (the "Report"), the
undersigned, Edward Vakser, the President and Chief Executive Officer of the
Company, hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C.ss.1350), 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.








Artfest
      International, Inc.Date:
            May
      15, 2008
            By:
      /s/ Edward
      VaskerEdward
      Vasker, President,Chief
      Executive Officer and Director (Principal Executive Officer and Principal
      Financial Officer)
SLOK, LLC v. COURTSIDE CONDOMINIUM OWNERS ASSOCIATION, INC.

No. 193P19

Supreme Court of North Carolina.

August 14, 2019

Madeline J. Trilling, Attorney at Law, Concord, for Slok, LLC.

Michelle Massingale Dressler, Attorney at Law, Charlotte, for Courtside Condominium Owners Association, Inc.

***ORDER***

Upon consideration of the petition filed on the 22nd of May 2019 by Plaintiff in this matter for discretionary review of the decision *835of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 14th of August 2019."
BAILEY v. The STATE.

S19A0297

Supreme Court of Georgia.

Decided: May 20, 2019

Phillip Ray Bailey, GDC# 1083373, Wheeler Correctional Facility, P.O. Box 466, Alamo, Georgia 30411, for Appellant.

Patricia B. Attaway Burton, Deputy Attorney General, Paula Khristian Smith, Senior Assistant Attorney General, Christopher M. Carr, Attorney General, Katherine DeRosa Emerson, Assistant Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, John Richard Edwards, A.D.A., Benjamin M. First, A.D.A., D. Victor Reynolds, District Attorney, Cobb County District Attorney's Office, 70 Haynes Street, Marietta, Georgia 30090, for Appellee.

Blackwell, Justice.

Phillip Bailey appeals from the denial of his motion for leave to pursue an out-of-time appeal. Pursuant to a plea agreement, Bailey pleaded guilty in 2007 to the murder of Jess Sharp and an aggravated assault upon Lamar Sharp, and Bailey was sentenced to imprisonment for life for the murder and a concurrent term of imprisonment for 20 years for the aggravated assault. He did not bring a timely appeal from the judgment of conviction entered upon his plea.

More than eleven years later, Bailey filed a motion for leave to pursue an out-of-time appeal. In his motion, Bailey alleged, among other things, that he was denied the effective assistance of counsel in connection with his plea and that his plea was involuntary. Bailey did not allege, however, that he was denied the effective assistance of counsel in connection with his failure to bring a timely appeal. Nor did he allege that his failure to bring a timely appeal was attributable to any other error of constitutional magnitude. The trial court denied his motion without an evidentiary hearing.

The trial court was right to deny the motion. As we have explained,

> before being entitled to an out-of-time appeal, a defendant must allege and prove an excuse of constitutional magnitude for failing to file a timely direct appeal, which usually is done by showing that the delay was caused by his trial counsel's ineffective assistance in providing advice about or acting upon an appeal.

*Deloney v. State*, 302 Ga. 142, 145 (2), 805 S.E.2d 881 (2017). Although Bailey alleged in his motion that he was denied the effective assistance of counsel in other respects, he did *not* allege that he was denied the effective assistance of counsel in connection with his failure to bring a timely appeal. Accordingly, he is not entitled to an out-of-time appeal. See *Grace v. State*, 295 Ga. 657, 658 (2) (a), 763 S.E.2d 461 (2014) (motion for out-of-time appeal was properly denied where defendant "did not allege that ineffective assistance of counsel was the cause of his failure to file a timely direct appeal from the judgment entered on his guilty plea"). See also *McMullen v. State*, 292 Ga. 355, 356 (2), 737 S.E.2d 102 (2013) (same).

*Judgment affirmed.*

All the Justices concur.
##### 



EXHIBIT 32.1 CERTIFICATION PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO
18 UNITED STATESC. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Elizabeth H. Dávila, certify, pursuant to 18 UNITED STATESC. Section 1350, as adopted pursuant
to Section 906 of Sarbanes-Oxley Act of 2002, that the Annual Report of VISX, Incorporated on Form
10-K for the period ended December 31, 2004 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 Annual
Report on Form 10-K fairly presents, in all material respects, the financial condition and results
of operations of VISX, Incorporated. /s/Elizabeth H. DávilaElizabeth H. DavilaChief Executive Officer March 9, 2005  I, Derek A. Bertocci, certify, pursuant to 18 UNITED STATESC. Section 1350, as adopted pursuant to
Section 906 of Sarbanes-Oxley Act of 2002, that the Annual Report of VISX, Incorporated on Form
10-K for the period ended December 31, 2004 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 Annual
Report on Form 10-K fairly presents, in all material respects, the financial condition and results
of operations of VISX, Incorporated. /s/Derek A. BertocciDerek A. BertocciChief Financial Officer March 9, 2005
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
The  schedule  contains  summary  financial   information   extracted  from  the
consolidated  balance  sheets  and  consolidated  statements  of  income  and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                                      <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                         DEC-31-1996
<PERIOD-END>                              DEC-31-1996
<CASH>                                      2,456,349
<SECURITIES>                                        0
<RECEIVABLES>                                 278,149
<ALLOWANCES>                                        0
<INVENTORY>                                   324,180
<CURRENT-ASSETS>                                    0
<PP&E>                                      1,054,064
<DEPRECIATION>                                      0
<TOTAL-ASSETS>                              4,244,705
<CURRENT-LIABILITIES>                               0
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            0
<OTHER-SE>                                  2,214,153
<TOTAL-LIABILITY-AND-EQUITY>                4,244,705
<SALES>                                       940,938
<TOTAL-REVENUES>                            2,767,465
<CGS>                                               0
<TOTAL-COSTS>                               1,581,468
<OTHER-EXPENSES>                              164,924
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                  0
<INCOME-PRETAX>                             1,185,997
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                         1,185,997
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                1,185,997
<EPS-PRIMARY>                                    9.14
<EPS-DILUTED>                                    9.14
        


</TABLE>
EXHIBIT
      32.1




Written
      Statement of Principal Executive Officer Furnished Pursuant to


18
      U.S.C.
      Section 1350,


as
      Adopted by


Section
      906 of the Sarbanes-Oxley Act of 2002








In
      connection with the Quarterly Report on Form 10-QSB of HouseRaising, Inc. (the
      "Company") for the quarter ended June 30, 2006 as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), I, Gregory J. Wessling,
      Chairman of the Board and Chief Executive Officer, certify, pursuant to 18
      U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of
      2002, to the best of my knowledge, 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)
      information contained in the Report fairly presents, in all material respects,
      the financial condition as of June 30, 2006 and results of operations for the
      quarter ended June 30, 2006 of the Company and its subsidiaries.






/s/
      Gregory J. Wessling


------------------------


Gregory
      J. Wessling


Chairman
      of the Board and Chief Executive Officer (Principal Executive
      Officer)





August
      14, 2006





This
      certification accompanies this Report pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
      the
      Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
      Section 18 of the Securities Exchange Act of 1934, as amended.
Motion Granted and Order filed October 4, 2018 

In The

Fourteenth Court of Appeals

____________

NO. 14-18-00203-CR

____________

TIPTON S. MCMAHON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1272892

ORDER

Appellant is represented by appointed counsel, Patricia Sedita. Appellant’s 

brief was originally due May 31, 2018. We have granted a total of 110 days to file 

appellant’s brief until September 18, 2018. On the last extension, we noted no further 

extensions would be granted absent extraordinary circumstances. 

On October 1, 2018, counsel filed a motion for a further extension of time 

until November 18, 2018 to file appellant’s brief. The motion states she needs to 
visit appellant, an inpatient at Rusk State Hospital, to determine how best to 

represent his interests.

We GRANT the request until November 18, 2018. No further extensions 

will be granted.

If counsel does not timely file appellant’s brief as ordered, the court may issue 

an order abating the appeal and directing the trial court to conduct a hearing to 

determine the reason for the failure to file the brief and the consideration of 

sanctions, appointment of new counsel, or other appropriate relief.

PER CURIAM

Panel consists of Justices Boyce, Christopher, and Jamison
RAILROAD FRICTION PRODUCTS CORPORATION v. NC DEPARTMENT OF REVENUE

278A19-1

Supreme Court of North Carolina.

September 4, 2019

Kay Miller Hobart, Attorney at Law, For Railroad Friction Products Corporation.

Perry J. Pelaez, Assistant Attorney General, For NC Department of Revenue.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 3rd of September 2019 by Petitioner:

"Motion Allowed by order of the Court in conference, this the 4th of September 2019."

*351Petitioner shall have up to and including the 1st day of October 2019 to file and serve his/her brief with this Court.
Order entered February 15, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-11-01709-CR

ERNEST SANDERS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court

Collin County, Texas

Trial Court Cause No. 366-80960-2011

ORDER

On September 4, 2012, this Court adopted the trial court’s findings that appellant desired 

to pursue the appeal, is represented by court-appointed counsel Robert Hultkrantz, and that Mr. 

Hultkrantz would file appellant’s brief by September 7, 2012. We ordered that appellant’s brief 

be filed by September 10, 2012. When we did not receive appellant’s brief by December 18, 

2012, we ordered appellant to file his brief by December 31, 2012. We further warned 

appellant’s counsel, Mr. Hultkrantz, that if we did not receive appellant’s brief by the date 

specified, we would order him removed as counsel and order the trial court to appoint new 

counsel for appellant. To date, Mr. Hultkrantz has neither filed appellant’s brief nor

communicated with the Court regarding the appeal.
Accordingly, we ORDER Robert Hultkrantz removed as appellant’s appointed attorney 

of record.

We ORDER the trial court to appoint new counsel to represent appellant in this appeal 

and to transmit a supplemental record containing the order appointing new counsel to this Court 

within FIFTEEN DAYS of the date of this order.

We ABATE the appeal to allow the trial court to comply with this order. The appeal 

shall be reinstated fifteen days from the date of this order, or when the supplemental record is 

received.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
-86 -84 -82 -80 -78 -76 -74 -72 -70

34 36 38 40 42 

### ★ ▲ ▲
▲ ▲



### ★ ▲ ▲ ▲ ▲ 500 1000 1500 500 18 12 06 00 05/31 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 31 May 07

EDAS Meteorological DataSource★at 39.44 N 77.04 WMeters AGL
**Exhibit 31.2**

**CERTIFICATION PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Hamish Malkin, Chief Financial Officer of Argentex Mining Corporation (Principal Financial Officer and Principal Accounting Officer), certify that:

1.  I have reviewed this quarterly report on Form 10-QSB of Argentex Mining Corporation;

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 company 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 company 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 company, 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 company'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 company's internal control over financial reporting that occurred during the period covered by this annual report that has materially affected, or is reasonably likely to materially affect, the company'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 company's auditors and the audit committee of the company's board of directors (or persons performing the equivalent functions): 

(a)  All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company'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 company's internal control over financial reporting. 

Date:  December 14, 2006

 

/s/ Hamish Malkin                                            

Hamish Malkin

Chief Financial Officer

(Principal Financial Officer and

Principal Accounting Officer)
Exhibit 32   CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002    In connection with the Quarterly Report of Zaldiva, Inc. (the Registrant) on Form 10-Q for the quarter ending March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Quarterly Report), we, Nicole Leigh, President, and Robert B. Lees, CFO of the Registrant, 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 Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and result of operations of the Registrant.  Date:May 14, 2010By:/s/Nicole LeighNicole Leigh, President and Director  Date:May 14, 2010By:/s/Robert B. LeesRobert B. Lees, CFO and Director
<PAGE>

Exhibit 23.1



The Board of Directors
Key Production Company, Inc.:


     We consent to the incorporation by reference in the registration statements
(Nos. 333-62355, 333-83955, 333-83953 and 333-53116) on Form S-8 and
registration statement (No. 333-83879) on Form S-3 of Key Production Company,
Inc. and subsidiaries of our report dated February 27, 2001, relating to the
consolidated balance sheet of Key Production Company, Inc. and subsidiaries as
of December 31, 2000, and the related statement of income, stockholders' equity
and cash flows for the year ended December 31, 2000, which report appears in the
December 31, 2000, Annual Report on Form 10-K of Key Production Company, Inc.

                                                            KPMG LLP

Denver, Colorado
March 27, 2001
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-19-00143-CR

JERONIMO MIGUEL CABRERA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 5th District Court

Cass County, Texas

Trial Court No. 2018F00342

Before Morriss, C.J., Burgess and Stevens, JJ.

Memorandum Opinion by Justice Stevens
2

MEMORANDUM OPINION

Jeronimo Miguel Cabrera appeals his conviction of indecency with a child by sexual 

contact for which he was sentenced to twenty years’ incarceration.1 This case was tried with two 

companion cases that are the subject of other appeals pending before this Court.2 Cabrera filed a 

single brief covering his three appeals in which he challenges the trial court’s determination of the 

outcry witness. 

The argument raised in this appeal is based exclusively on the argument brought before 

this Court in the companion appeal styled Cabrera v. State, cause number 06-19-00142-CR. In 

our opinion of this date disposing of that appeal, we found that the trial court acted within its 

discretion in determining the outcry witness. For the reasons stated in that appeal, we overrule 

Cabrera’s sole issue in this appeal.

We affirm the trial court’s judgment.

Scott E. Stevens

Justice

Date Submitted: February 11, 2020

Date Decided: February 12, 2020

Do Not Publish

1

See TEX. PENAL CODE ANN. § 21.11. 

2

Cabrera also appeals his conviction of a second count of indecency with a child by sexual contact and his conviction 

of aggravated sexual assault of a child. We address these appeals in opinions released the same date as this opinion 

in our cause numbers 06-19-00142-CR and 06-19-00144-CR.
D.A.N. JOINT VENTURE PROPERTIES OF NORTH CAROLINA, LLC v. N.C. GRANGE MUTUAL INSURANCE COMPANY

No. 45P19

Supreme Court of North Carolina.

June 11, 2019

Susan E. Driscoll, Attorney at Law, Charlotte, for D.A.N. Joint Venture Properties Of North Carolina, LLC.

John R. Fonda, Attorney at Law, Winston-Salem, for N.C. Grange Mutual Insurance Company.

Nathan D. Childs, Attorney at Law, Raleigh.

***AMENDED ORDER***

Upon consideration of the petition filed on the 30th of January 2019 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 11th of June 2019."
Regulatory Evaluation

Docket No. FAA-2011-1069 Directorate Identifier: 2011-NM-025-AD

If you make changes to the values in the table below, you must ensure the totals update accordingly. If

they do not, click (or Tab) into and then out of the changed cell.

Estimated Costs:

Action

(e.g., Inspection, 

replacement)

Costs per Product (e.g., aircraft, engine, 

propeller, appliance)

Work-hours

(include 

access, testing, 

and close-up)

Labor 

cost 

(@$85/h

our)

Parts Cost Total Costs 

(labor + 

parts)

Number of 

U.S. 

Registered

Products

Total Cost 

for U.S. Fleet

MM 104 1.0 $ 85.00 $ 85.00 394 $33,490.00

MM 105 1.0 $ 85.00 $ 85.00 124 $10,540.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

The known number of products in compliance:

Total Costs of compliance for U.S. fleet: $44,030

Costs covered under warranty (if known) $

Special considerations for Economic Analysis (Use this field to explain anything in the Estimated Costs table 

that was assumed or might not be obvious. This field can also be used to explain warranty costs):

Executive Order 12866:

Could the AD be considered a “significant regulatory action”?

YES* NO 

*Explanation: 

DOT Regulatory Policies and Procedures:

Is the AD significant? 

YES* NO 
*Explanation: 

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities? Explain

for either a Yes or No answer.

YES NO 

Explanation: 

Intrastate Aviation in Alaska:

This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific requirements 

for aircraft operated in Alaska where aviation might be the only mode of transportation?

YES* NO 

*Explanation:
Exhibit 32 .2





Certification Pursuant to


Section 906 of the Sarbanes-Oxley Act of 2002





Pursuant to 18 U.S.C. ss. 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Imagenetix, Inc., a Nevada corporation (the "Company"), hereby certifies that:





To my knowledge, the Annual Report on Form 10-K/A of the Company for the year ended March 31, 2010 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: May 20, 2011
/s/LOWELL W. GIFFHORNLowell W. GiffhornChief Financial Officer


EX-4