alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Gerardo MARTINEZ, Movant/Appellant, v. STATE of Missouri, Respondent.

No. ED 105446

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

FILED: March 13, 2018

ATTORNEY FOR APPELLANT: Ellen H. Flottman, Office of the State Public Defender, 1000 West Nifong, Bldg. 7, Ste. 100, Columbia, MO 65203.

ATTORNEY FOR RESPONDENT: Joshua D. Hawley, Attorney General, Dora A. Fichter, Assistant Attorney General, P.O. Box 899, Jefferson City, MO 65102.

Before Colleen Dolan, P.J., Mary K. Hoff, J., and Lisa S. Van Amburg, J.

*ORDER*

PER CURIAM

Gerardo Martinez ("Movant") appeals from the motion court's "Memorandum, Decision, and Judgment Denying Motion for Post-Conviction Relief" denying Movant's "Amended Motion Under Rule 24.035," which alleged ineffective assistance *426of counsel, after an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential or precedential purpose. We have, however, provided a memorandum opinion for the use of the parties setting forth the reasons for our decision. We affirm the Judgment pursuant to Rule 84.16(b).
EXHIBIT 99.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Richard D. Propper, MD, Chief Executive Officer of Mera Pharmaceuticals, Inc.
(the "Registrant"), do hereby certify in accordance with 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

              (1) the Annual Report on Form 10-KSB 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:  January 28, 2003

                                              /S/RICHARD D. PROPPER, MD
                                              ----------------------------------
                                              Richard D. Propper, MD
                                              Chief Executive Officer
Exhibit 32.2
 CERTIFICATION 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, as
amended; and2.
    
    The information contained in the Report
fairly presents, in all material respects,
the financial condition and results of
operations of the Company.
 Date:   October 28, 2009
    /s/ Pamela G. BoonePamela G. BooneExecutive Vice President and
Chief Financial Officer
NUMBERS 13-22-00212-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

____________________________________________________________

CASEY RAINES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On appeal from the 347th District Court

of Nueces County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Tijerina

Memorandum Opinion by Chief Justice Contreras

Appellant filed a notice of appeal attempting to appeal an order entered in trial 

court cause number 21FC-4726-H. We dismiss the appeal for want of jurisdiction.

Upon review of the documents filed, the trial court has certified that this “is a pleabargain case, and the defendant has NO right of appeal” without permission of the Court.

See TEX. R. APP. P. 25.2(a)(2). On May 20, 2022, the Court ordered appellant’s counsel 
2

to review the record and determine whether appellant had a right to appeal. In response, 

appellant’s counsel filed a letter indicating appellant plead guilty and waived his right to 

appeal. Appellant’s counsel also indicated appellant was provided admonishments before 

signing the “appeal certification” and entering the plea, and no matters were raised by 

written motion filed prior to the plea. Finally, appellant’s counsel indicated that, based on 

communications with appellant, he did not actually want to appeal his plea.

The Texas Rules of Appellate Procedure provide that an appeal must be dismissed 

if the trial court’s certification does not show that the defendant has the right of appeal. 

TEX. R. APP. P. 25.2(d); see TEX. R. APP. P. 37.1, 44.3, 44.4. Accordingly, this appeal is 

dismissed for want of jurisdiction.

DORI CONTRERAS

Chief Justice

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed on the

23rd day of June, 2022.
EXHIBIT 21





                        Subsidiaries of the Registrant(1)


                                            State of               Percentage
                                         Incorporation             Ownership
                                         -------------             ---------

Farmers and Mechanics Bank                United States               100%

FMS Financial Services, Inc.(2)(4)        New Jersey                  100%

Land Financial Services, Inc.(2)          New Jersey                  100%

First Plunge, Inc. (3)(4)                 New Jersey                  100%

Fishpond, Inc. (3)(4)                     New Jersey                  100%

Angell Ayes, Inc. (3)(4)                  New Jersey                  100%

Peter's Passion, Inc. (3)(4)              New Jersey                  100%

Atlantic Adventures, Inc.(3)(4)           New Jersey                  100%


----------------------
(1)      The  operations of the  subsidiaries  are included in the  consolidated
         financial  statements  contained in the Annual  Report to  Stockholders
         attached as Exhibit 13 to the Form 10-K.
(2)      Subsidiary of Farmers and Mechanics Bank.
(3)      Subsidiary of Land Financial Services, Inc.
(4)      Currently an inactive subsidiary.
#### Morton O. ALPER et al., Petitioners, v. DISTRICT OF COLUMBIA, Respondent. Albert SMALL et al., Petitioners, v. DISTRICT OF COLUMBIA, Respondent. Albert SMALL et al., Petitioners, v. DISTRICT OF COLUMBIA, Respondent. David L. STERN, Petitioner, v. DISTRICT OF COLUMBIA, Respondent. Marie E. STERN, Petitioner, v. DISTRICT OF COLUMBIA, Respondent.

Nos. 18539-18543.

United States Court of Appeals District of Columbia Circuit.

Argued Jan. 25, 1965.

Decided May 11, 1965.

Mr. Julius I. Fox, Washington, D. C., with whom Messrs. C. Richard Beyda and Irving B. Yochelson, Washington, D. C., were on the brief, for petitioners.

Mr. Henry E. Wixon, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Robert E. MeCally, Asst. Corp. Counsel, were on the brief, for respondent.

Before Fahy, Washington and McGowan, Circuit Judges.

PER CURIAM:

These appeals, although not consolidated with those decided this day *sub nomine*Verkouteren, et al. v. District of Columbia, 120 U.S.App.D.C. -, 346 F.2d 842 were heard on the same calendar. Although they involve the distribution in a corporate liquidation of a leasehold interest in real property as distinct from shares of stock, they present the same situation with respect to the disregard by the Tax Court of the capital gains issue presented to it by the parties upon a stipulation that such leasehold was disposed of by the appellant-stockholders, and the decision by the Tax Court to support the asserted deficiencies by a finding contrary to the stipulation. We reverse for the same reasons stated in *Verkouteren,*and remand for the same purpose.

It is so ordered.
Unassociated Document


AMENDMENT NO. 1 TO WARRANT SUBSCRIPTION AGREEMENT







This Amendment No. 1 (the “Amendment”) dated March 4, 2011 to that certain Warrant Subscription Agreement (the “Agreement”) dated the 28th day of January, 2011, by and between SCG Financial Acquisition Corp., a Delaware corporation (the “Company”), having its principal place of business at 615 N. Wabash Ave., Chicago, Illinois 60611 and SCG Financial Holdings LLC, an Illinois limited liability company (the “Sponsor”), having its principal place of business at 615 N. Wabash, Chicago, Illinois 60611. All capitalized terms not defined herein shall have the same meaning ascribed to them in the Agreement.







Pursuant to Section 12.3 of the Agreement, the Company and the Sponsor hereby agree to amend the Agreement, effective on the date hereof, as follows:







1.  Amendments to the Agreement.







(a)           Recitals.  The first recital is hereby amended as follows:







The reference to 4,000,000 Warrants is hereby replaced with 4,666,667 Warrants.







(b)           Section 1.1.  Section 1.1 is hereby amended as follows:







The reference to $3,000,000 Purchase Price is replaced with $3,500,000 Purchase Price.







 


2.  Mutual Drafting.  This Amendment is the joint product of the Company and the Sponsor and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.


 







3.  No Other Amendments; Governing Law; Counterparts.  Except as specifically set forth in this Amendment, there are no other amendments to the Agreement and the Agreement shall remain unmodified and in full force and effect.  This Amendment shall be governed by and construed in accordance with the internal laws of the state of New York.  This Amendment may be executed in one or more counterparts.  In the event that any signature is delivered by facsimile transmission or any other form of electronic delivery, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such signature page were an
original thereof.








[Signature page follows]














  





  











  











This subscription is accepted by the Company as of the date first written above.


 




	 	

SCG FINANCIAL ACQUISITION CORP.

	 
	 	 	 	 
	
 

	
By: 

	/s/ Michelle Sibley	 
	 	 	Name: Michelle Sibley 	 
	 	 	Title:  Chief Financial Officer	 
	 	 	 	 







 







Accepted and agreed this


4th day of March, 2011


 


SCG FINANCIAL HOLDINGS LLC









	 	 	 	 	 	 
	By:	
 /s/ Gregory H. Sachs

	 	 	
 

	 
	 	
Name: Gregory H. Sachs

	 	 	
 

	 
	 	
Title:  Managing Member
CERTIFICATION



I, David J. Gallagher, Chief Financial Officer of QSound Labs, Inc. certify that:



1.

I have reviewed this annual report on Form 20-F for 2005 of QSound Labs, 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 company as of, and for, the periods presented in this report;



4.

The registrants other certifying officers 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 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 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 disclosures 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 the annual report that has materially affected, or is reasonably likely to materially affect, the companys internal control over financial reporting; and



5.

The company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 company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 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.









/s/ David J. Gallagher

David J. Gallagher

Chief Financial Officer





March 30, 2006
#### The People of the State of New York, Respondent, v Myron Isaac, Appellant.

[718 NYS2d 862]

Appeal by the defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered November 24, 1998, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant voluntarily, knowingly, ánd intelligently waived his right to appeal all aspects of this case. His waiver encompassed his right to appellate review of the denial of that branch of his omnibus motion which was to suppress physical evidence, as well as his contention that the sentence imposed was excessive *(see, People v Lewis,*275 AD2d 800; *People v Monk,*270 AD2d 433; *People v Johnson,*269 AD2d 468; *People v Perez,*267 AD2d 335; *People v Brathwaite,*263 AD2d 89). Accordingly, appellate review of these issues is precluded. Krausman, J. P., S. Miller, Friedmann and Florio, JJ., concur.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen

, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

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

September 9, 2016 

# Order

September 9 , 2016

15 3 643 ( 23 )

ROWAN CHILDS, as Personal Representative

of the ESTATE OF CAROLYN CHILDS

, Plaintiff

- Appell ee

,

v

PROVIDENCE HOSPITAL AND MEDICAL

CENTERS, INC., ST. JOHN PROVIDENCE

HEALTH SYSTEM, VINAY K. MALVIYA,

M.D., P.C., and VINAY MALVIYA, M.D.

, Defendant s

- Appell ant s

. SC: 15 3 643

COA: 3 29296

Oakland CC: 2014

- 142914

- NH

________________________________________/

On order of the Chief Justice, the motion of defendants

- appellants to extend the

time for filing their reply in support of the application for leave to appeal is GRANTED.

The reply submitted on September 1 , 2016 , is accepted for filing.
HENRY v. SPIVEY.

S19A0069

Supreme Court of Georgia.

Decided: June 24, 2019

**PER CURIAM**.

The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59.

*Judgment affirmed.*

All the Justices concur.
No. 92-618 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1993 

STATE OF MONTANA, 

Plaintiff and Respondent, 

v. 

RANDEL C. ROMERO, 

Defendant and Appellant. 

APPEAL FROM: District Court of the Thirteenth Judicial District, 

In and for the County of Yellowstone, 

The Honorable G. Todd Baugh, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Curtis L. Bevolden, Yellowstone County 

Public Defenders, Billings, Montana 

For Respondent: 

Hon. Joseph P. Mazurek, Attorney General, 

Cregg W. Coughlin, Assistant Attorney General, 

Helena, Montana; Dennis Paxinos, Yellowstone 

County Attorney, Russell C. Fagg, Deputy 

Yellowstone County Attorney, Billings, Montana 

Submitted on Briefs: May 20, 1993
[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Page 11134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5617]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[F-40202; AK-964-1410-KC-P]


Alaska Native Claims Selection

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of decision approving lands for conveyance.

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

SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that 
an appealable decision approving the surface and subsurface estates in 
certain lands for conveyance pursuant to the Alaska Native Claims 
Settlement Act will be issued to Doyon, Limited. The lands are in the 
vicinity of Wiseman, Alaska, and are located in:

Fairbanks Meridian, Alaska

T. 29 N., R. 13 W.,
    Secs. 1, 2, and 3;
    Secs. 10 to 15, inclusive.

    Containing approximately 5,760 acres.

    Notice of the decision will also be published four times in the 
Fairbanks Daily News-Miner.

DATES: The time limits for filing an appeal are:
    1. Any party claiming a property interest which is adversely 
affected by the decision shall have until April 15, 2009 to file an 
appeal.
    2. Parties receiving service of the decision by certified mail 
shall have 30 days from the date of receipt to file an appeal.

    Parties who do not file an appeal in accordance with the 
requirements of 43 CFR part 4, subpart E, shall be deemed to have 
waived their rights.

ADDRESSES: A copy of the decision may be obtained from: Bureau of Land 
Management, Alaska State Office, 222 West Seventh Avenue, <greek-i>13, 
Anchorage, Alaska 99513-7504.

FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone 
at 907-271-5960, or by e-mail at <a href="/cdn-cgi/l/email-protection#90f1fbbef2fcfdbef3fffee6f5e9f1fef3f5d0f1fbbef2fcfdbef7ffe6"><span class="__cf_email__" data-cfemail="91f0fabff3fdfcbff2feffe7f4e8f0fff2f4d1f0fabff3fdfcbff6fee7">[email protected]</span></a>. Persons 
who use a telecommunication device (TTD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8330, 24 hours a day, 
seven days a week, to contact the Bureau of Land Management.

Hillary Woods,
Land Law Examiner, Land Transfer Adjudication I.
 [FR Doc. E9-5617 Filed 3-13-09; 8:45 am]
BILLING CODE 4310-JA-P


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</html>
`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5169 Reported in Senate (RS)]







                                                       Calendar No. 574
109th CONGRESS
  2d Session
                                H. R. 5169


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2006

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             August 1, 2006

               Reported by Ms. Collins, without amendment

_______________________________________________________________________

                                 AN ACT


 
 To designate the facility of the United States Postal Service located 
  at 1310 Highway 64 NW. in Ramsey, Indiana, as the ``Wilfred Edward 
                `Cousin Willie' Sieg, Sr. Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WILFRED EDWARD ``COUSIN WILLIE'' SIEG, SR. POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 1310 Highway 64 NW. in Ramsey, Indiana, shall be known and 
designated as the ``Wilfred Edward `Cousin Willie' Sieg, Sr. Post 
Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Wilfred 
Edward `Cousin Willie' Sieg, Sr. Post Office''.
                                                       Calendar No. 574

109th CONGRESS

  2d Session

                               H. R. 5169

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
  at 1310 Highway 64 NW. in Ramsey, Indiana, as the ``Wilfred Edward 
                `Cousin Willie' Sieg, Sr. Post Office''.

_______________________________________________________________________

                             August 1, 2006

                       Reported without amendment`
EXHIBIT 32.2



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 Texas United Bancshares, 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, Thomas N. Adams, Executive Vice President and Chief 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 respects, the financial condition and operating results of the Company.



/s/ Thomas N. AdamsThomas N. Adams Executive Vice President and Chief Financial Officer May 13, 2004