alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Dorshon Luke, Appellant.

[719 NYS2d 122]

Appeals by the defendant from (1) a judgment of the County Court, Westchester County (Zambelli, J.), rendered March 30, 1999, convicting him of attempted robbery in the second degree (two counts) and assault in the second degree under Indictment No. 98-00382, upon a jury verdict, (2) a judgment of the same court, also rendered March 30, 1999, convicting him of criminal possession of a weapon in the third degree under Indictment No. 98-00383, upon his plea of guilty, and (3) a judgment of the same court, also rendered March 30, 1999, convicting him of criminal possession of a controlled substance in the fifth degree *535under Indictment No. 98-00384, upon his plea of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant contends that the People failed to prove beyond a reasonable doubt that he had the requisite intent to support the convictions of attempted robbery in the second degree under Indictment No. 98-00382. Viewing the evidence in the light most favorable to the prosecution (see, *People v Contes,*60 NY2d 620), the evidence was legally sufficient to establish that the defendant intended to forcibly steal property from the complainant. The complainant testified that the defendant, while aided by others, continuously pummeled him, causing facial lacerations and a broken nose. The complainant further testified that while the attack took place, he felt at least two hands entering the front pocket of his pants. Contrary to the defendant’s contention, the conclusion that the defendant attempted to forcibly steal the complainant’s property can be readily inferred from the defendant’s conduct and the surrounding circumstances *(see, People v Bracey,*41 NY2d 296, 303; *People v Hernandez,*257 AD2d 664).

The defendant’s contention that the verdict is repugnant is unpreserved for appellate review *(see, People v Alfaro,*66 NY2d 985, 987) and, in any event, without merit *(see, People v Grier,*37 NY2d 847; *People v Hoover,*248 AD2d 728).

In light of our determination affirming the judgment under Indictment No. 98-00382 convicting the defendant of two counts of attempted robbery in the second degree and assault in the second degree, the defendant’s remaining contentions regarding the waivers of the right to appeal the convictions under Indictments Nos. 98-00383 and 98-00384, are academic. Santucci, J. P., Altman, Goldstein and McGinity, JJ., concur.
Order entered July 9 , 2014

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 13 - 01419 - CV IN THE MATTER OF THE MARRIAGE OF CASEY LE E CROOM AND AUSTIN GREGORY CROOM AND IN THE INTEREST OF K.R. C. AND L.R.C., CHILD REN On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429 - 51917 - 2010 

### O RDER W e GRANT appellant’s July 7, 2014 unopposed motion to extend time to file reply brief and ORDER the brief be filed no later than July 25, 2014

. No further exte nsions will be granted absent exigent circumstances.

/s/ ELIZABETH LANG

- MIERS JUSTICE
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350**

**AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with the quarterly report on Form 10-QSB of UnitedWisconsin Grain Producers, LLC (the “Company”) for the quarter ended March 31,2005, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, J. F. Robertson, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2.                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
|   |               /s/  J. F. Robertson |   |
|--------|----------------------------------------------------------------------------------------------------------|--------|
|   | J. F. Robertson                                                                                          |
|   | Chief Executive Officer                                                                                  |
|   | Dated: May 13, 2005                                                                                      |

 

----
|EXHIBIT 32.2
|------------



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

The undersigned hereby certifies in his capacity as Chief Financial Officer of Belrose Capital Fund LLC (the Fund), that based on his knowledge:

|(a) | the Quarterly Report of the Fund on Form 10-Q for the quarter ended June 30, 2009 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Fund for such period.                                       



|Date: August 10, 2009
|---------------------



| | /s/ Andrew C. FrenetteAndrew C. FrenetteChief Financial Officer
| | ---------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 00-7216

ROBERT KERRY PISTNER, Plaintiff - Appellant,
versusUNNAMED DEFENDANTS; DIRECTOR, NORTHERN VIRGINIA MENTAL HEALTH INSTITUTE IN 1981, Dr. Smart as indicated on 3/6/00 motion to amend byplaintiff; DOCTOR GLICK, Western State Hospital; DOCTOR WANGLER, Western State Hospital; DOCTOR PEARCE, Western State Hospital; DOCTOR SHANNON, Western State Hospital; DIRECTORS, WESTERN STATE HOSPITAL, 1995-Present, L. Harding and Dr. Barber as named by defendant in 3-6-00 motion to amend; DOCTOR SMART, Director of Northern Virginia Mental Health Institute; L. F. HARDING, Directors of Western State Hospital; DOCTOR BARBER, Directors of Western State Hospital, Defendants - Appellees.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-00-22-7) Submitted: January 18, 2001 Decided: February 7, 20012 Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Robert Kerry Pistner, Appellant Pro Se. Dana Martin Johnson, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM: Robert Kerry Pistner appeals from the district court’s order granting summary judgment to all but one of the defendants in this 42 U.S.C.A. § 1983 (West Supp. 2000) action. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We deny the motion for appointment of counsel and to expediteconsideration of the appeal and dismiss the appeal as interlocutory. 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
[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Notices]
[Page 40774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20333]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3110]


State of Florida

    Polk County and the contiguous Counties of Hardee, Highlands, 
Hillsborough, Lake, Manatee, Okeechobee, Orange, Osceola, Pasco, and 
Sumter in Florida constitute a disaster area as a result of damages 
caused by a fire at the International Market World Flea Market in 
Auburndale that occurred on July 14, 1998. Applications for loans for 
physical damages may be filed until the close of business on September 
21, 1998 and for economic injury until the close of business on April 
21, 1999 at the address listed below or other locally announced 
locations: Small Business Administration, Disaster Area 2 Office, One 
Baltimore Place, Suite 300, Atlanta, GA 30308.
    The interest rates are:

------------------------------------------------------------------------
                                                                 Percent
------------------------------------------------------------------------
For Physical Damage:                                                    
  Homeowners with credit available elsewhere..................     6.875
  Homeowners without credit available elsewhere...............     3.437
  Businesses with credit available elsewhere..................    8.000.
  Businesses and non-profit organizations without credit                
   available elsewhere........................................     4.000
  Others (including non-profit organizations) with credit               
   available elsewhere........................................     7.125
For Economic Injury:                                                    
  Businesses and small agricultural cooperatives without                
   credit available elsewhere.................................     4.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 311005 
and for economic injury the number is 994400.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008)

    Dated: July 21, 1998.
Aida Alvarez,
Administrator.
[FR Doc. 98-20333 Filed 7-29-98; 8:45 am]
BILLING CODE 8025-01-P
Ronald L. ALLEN, Appellant, v. STATE of Missouri, Respondent.

No. ED 106125

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

FILED: October 23, 2018

Kristina Starke Olson, 1010 Market St., Ste 1100, St. Louis, MO 63101, for appellant.

Joshua Hawley, Evan J. Buchheim, P.O. Box 899, Jefferson City, MO 65102, for respondent.

Before Kurt S. Odenwald, P.J., Gary M. Gaertner, Jr., J., and Colleen Dolan, J.

*ORDER*

PER CURIAM

Ronald L. Allen ("Allen") appeals the motion court's denial of his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Allen argues trial counsel was ineffective for failing to move to suppress drug evidence seized pursuant to a search warrant that lacked probable cause. Because the record reflects that probable cause supported the search warrant, a motion to suppress would have been meritless. We will not hold trial counsel ineffective for failing to file a meritless motion, and therefore Allen is not entitled to an evidentiary hearing or post-conviction relief.

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment of the trial court is affirmed in accordance with Rule 84.16(b).
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
 
 I, Narsi Narayanan, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of ClearOne Communications, Inc. on Form 10-K/A-2 for the year ended June 30, 2008, 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/A-2 fairly presents, in all material respects, the financial condition and results of operations of ClearOne Communications, Inc.
 
 
 
 Date:  October 5, 2009
By:
/s/ Narsi NarayananNarsi NarayananVice President of Finance
(Principal Financial and Accounting Officer)
 
 
 
 
 
 
 
 
 
 
 A signed original of the written statement above required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to ClearOne Communications, Inc. and will be retained by ClearOne Communications, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
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 September 30, 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. Adams         
|Thomas N. Adams             
|Executive Vice President and
|Chief Financial Officer     
|November 15, 2004
Exhibit 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

I, J. Russell Porter,
Chief Executive Officer of Gastar Exploration, Ltd. (the Company), hereby certify that the accompanying Quarterly Report on Form 10-Q for the three months ended March 31, 2009 (the Report), filed by the Company with the
Securities and Exchange Commission on the date hereof pursuant to Section 13(a) or 15(d) of the Securities Exchange Act of 1934 fully complies with the requirements of that section.

I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of
operations of the Company.

Date: May 11, 2009



/s/ J. RUSSELL PORTERJ. Russell PorterChief Executive Officer
<PAGE>
                                                                    EXHIBIT 10.5

                                    GUARANTY

         This GUARANTY is made as of April 30, 2002 by NOBLE CORPORATION, a
Cayman Islands exempted company limited by shares (the "Company"), for the
benefit of Robert D. Campbell (the "Executive");

                                   WITNESSETH:

         WHEREAS, Noble Drilling Corporation, a Delaware corporation and an
indirect, wholly owned subsidiary of the Company ("Noble-Delaware"), has entered
into an Amended and Restated Employment Agreement with the Executive dated as of
the date hereof (the "Employment Agreement"); and

         WHEREAS, the Company desires to guarantee the performance by
Noble-Delaware of its obligations under the Employment Agreement, and the Board
of Directors of the Company has determined that it is reasonable and prudent for
the Company to deliver this Guaranty and necessary to promote and ensure the
best interests of the Company and its Members;

         NOW, THEREFORE, in consideration of the premises, the Company hereby
irrevocably and unconditionally guarantees, as primary obligor, the due and
punctual performance by Noble-Delaware of its agreements and obligations, all
and singular, under the Employment Agreement. This Guaranty shall survive any
liquidation of Noble-Delaware or any of its subsidiaries. This Guaranty shall be
governed by and construed in accordance with the laws of the State of Texas.

         The obligations of the Company hereunder shall be absolute and
unconditional and shall remain in full force and effect until the termination of
the Employment Agreement or the complete performance by Noble-Delaware of its
obligations thereunder, irrespective of the validity, regularity or
enforceability of the Employment Agreement, any change or amendment thereto, the
absence of any action to enforce the same, any waiver or consent by the
Executive or Noble-Delaware with respect to any provision of the Employment
Agreement, the recovery of any judgment against Noble-Delaware or any action to
enforce the same, or any other circumstances that may otherwise constitute a
legal or equitable discharge or defense of the Company. The Company waives any
right of set-off or counterclaim it may have against the Executive arising from
any other obligations the Executive may have to Noble-Delaware or the Company.

         IN WITNESS WHEREOF, the Company has caused this Agreement to be
executed on its behalf by its duly authorized officer as of the date first above
set forth.

                                     NOBLE CORPORATION


                                     By:    /s/ James C. Day
                                            ------------------------------------
                                     Name:  James C. Day
                                            ------------------------------------
                                     Title: Chairman and Chief Executive Officer
                                            ------------------------------------




                                       1
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>

                            STORAGE PROPERTIES, INC.
                      EXHIBIT 27 - FINANCIAL DATA SCHEDULE
                           ARTICLE 5 OF REGULATION S-X

</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   Year
<FISCAL-YEAR-END>                              Dec-31-1995
<PERIOD-START>                                 Jan-01-1995
<PERIOD-END>                                   Dec-31-1995
<CASH>                                         3,608,000
<SECURITIES>                                   0
<RECEIVABLES>                                  169,000
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               3,777,000
<PP&E>                                         25,918,000
<DEPRECIATION>                                 (1,965,000)
<TOTAL-ASSETS>                                 28,308,000
<CURRENT-LIABILITIES>                          1,306,000
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       26,835,000
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   28,308,000
<SALES>                                        0
<TOTAL-REVENUES>                               3,746,000
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               2,436,000
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                1,310,000
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,310,000
<EPS-PRIMARY>                                  .39
<EPS-DILUTED>                                  .39
        


</TABLE>
Exhibit 10.4




 
   
   Exhibit 10.4


NEXAIRA WIRELESS ANNOUNCES CLOSING OF NON-BROKERED PRIVATE PLACEMENT IN THE AMOUNT OF $700,000 USD.

VANCOUVER, February 23, 2010 – Nexaira Wireless Inc. (“Nexaira” or the “Company”) (OTCBB:NXWI) announced that, effective February 23, 2010, the Company closed a non-brokered private placement of 1,400,000 units at a price of US$0.50 per unit for cash proceeds of US$350,000 and in settlement of debt totalling $350,000. Each unit is comprised of one common share and one common share purchase warrant. Each non-transferable warrant entitles the holder to purchase one additional share of common stock of the Company at a price of $1.00 per share until February 23, 2012. The units were issued pursuant to private placement subscription agreements and a debt conversion agreement, as applicable, each dated February 23, 2010. Nexaira issued the units to 3 non-U.S. persons (as that term is defined in Regulation S of the Securities Act of 1933, as amended (the “Securities Act”)) in an offshore transaction relying on Regulation S and/or Section 4(2) of the Securities Act.

None of the securities offered or sold under the private placement have been or will be registered under the Securities Act, and none of them may be offered or sold in the United States absent registration or an applicable exemption from the registration requirements of the Securities Act. Each of the securities issued will be a “restricted security” under the Securities Act and will be subject to a hold period under applicable US and Canadian securities laws.

Nexaira intends to use the cash proceeds of the private placement for the continued development of the Company’s 3G/4G routing technology and for general working capital and corporate purposes.

On behalf of the Board of Directors,

Mark Sampson 

President and Director

For more information contact: 

Mark Sampson 

Tel: 604-682-5629 

ir@nexaira.com