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

No. ED 106409

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: December 11, 2018

ATTORNEY FOR APPELLANT: Alexandria Assareh Shah, Office of the State Public Defender, 1010 Market Street, Suite 1100, St. Louis, MO 63101.

ATTORNEY FOR RESPONDENT: Joshua D. Hawley, Attorney General, Evan Joseph Buchheim, Assistant Attorney General, P.O. Box 899, Jefferson City, MO 65102.

Before Philip M. Hess, P.J., Robert G. Dowd, Jr., J., and Mary K. Hoff, J.

*ORDER*

PER CURIAM

Demetry Coleman appeals from the Findings of Fact, Conclusions of Law and Order ("Judgment") denying his Rule 24.035 motion, which alleged ineffective assistance of counsel, without 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).
#### Rosa Jamison, Individually and as Mother and Natural Guardian of Quanda Jamison, an Infant, Appellant, v Board of Education of the City of New York et al., Respondents.

[718 NYS2d 821]

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered November 15, 1999, which denied plaintiffs’ omnibus motion for, *inter alia,*various discovery directives, including the production of witnesses for deposition, document production, and an extension of time to file their note of issue, and granted the cross motion of defendants Board of Education and the City of New York (collectively the Board) for an order extending their time to conduct the examinations of Quanda Jamison by a psychiatrist and a vocational expert, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of directing the motion court to appoint a Special Referee to supervise discovery and depositions; and to further direct that the Board produce within 30 days after the Special Referee’s appointment, to the extent not already produced, those items specifically requested in paragraph four of plaintiffs notice of motion dated July 13, 1999; produce within 30 days after the Special Referee’s appointment, all records, if any, to the extent not already produced, maintained with regard to Weeb Amy by the office of the Assistant Principal of Organization, the Assistant Principal for Special Education, or the Safety Coordinator for Martin Luther King High School; permit, within 30 days of the Special Referee’s appointment, a supervised “security inspection” of Martin Luther King High School; and produce for deposition within 30 days after production of the aforementioned documents and completion of the “security inspection,” Milt Siler, the School Safety Coordinator for Martin Luther King High School, and, if he is no longer employed by the Board, produce his last known address, and otherwise affirmed, without costs.

Our review of the record indicates that the primary issue is *290whether the Board failed to provide appropriate security for plaintiff infant which might have prevented the underlying assault. Accordingly, we modify the order of the IAS Court to direct limited and supervised discovery. We emphasize that only those documents sought in the notice of motion, to the extent not already produced, are to be made available. Concur — Rosenberger, J. P., Andrias, Wallach, Lerner and Buckley, JJ.
IN the INTEREST OF: A.S.L.B., a child under seventeen years of age.

Greene County Juvenile Office, Petitioner-Respondent, v. D.D.C., Respondent-Appellant.

No. SD 34985

Missouri Court of Appeals, Southern District, Division Two.

Filed: January 10, 2018

Attorney for Appellant-Arthur E. Olson of Springfield, MO.

Attorney for Respondent Greene County Juvenile Office-Brooke Downing of Springfield, MO.

Attorney for Respondent Missouri Children's Division-Jon Thomas Wagner of Springfield, MO.

Attorney for Minor Child-Nick M. Venute of Springfield, MO.

Nancy Steffen Rahmeyer, P.J.

D.D.C., the biological father ("Father") of A.S.L.B. ("Child"), appeals the termination of his parental rights on the basis that the termination was not in the best interest of Child. In his point relied on, Father purports to challenge every factual finding of the trial court; however, Father actually complains only that each finding is against "the logic of the circumstances." For instance, Father does not claim that the finding that Father has no emotional ties to Child was error, but instead rationalizes *318that there was no way he could have an emotional tie to Child because he was not offered visits with Child while he was in jail and did not have money to send letters from jail. Each of the other complaints likewise rationalize each of the court's findings as being against the logic of the circumstances because of his long incarceration. Father's point is denied; the judgment is affirmed.

To summarize, evidence was presented that, at the time of the trial, Father had been sentenced as a prior and persistent offender for several offenses, including a charge of child endangerment of another child of Father's. Father, while under the influence of methamphetamine, inflicted severe injuries, including skull fractures, on his child when the child was only a couple of months old. Per an exhibit from the Department of Corrections, Father's sentence summary includes a maximum discharge date of January 2035, and both mandatory and conditional release dates of January 2032.1

Prior to his current sentence, Father had been out of prison but had no contact with Child. He did not provide any financial support, only wrote five or six letters to Child, and provided no support for his claim that he had taken drug treatment and parenting classes. Child was in a potential adoptive home. The trial court certainly did not abuse its discretion.

The judgment is affirmed.

Jeffrey W. Bates, J.-Concurs

Daniel E. Scott, J.-Concurs

1

Father testified that he may be released in January 2018, if he successfully completes a drug treatment program; however, the court was free to disregard this testimony as speculative.
H. Res. 241 

In the House of Representatives, U. S., 

March 23, 2023. 

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, 

declare the House resolved into the Committee of the Whole 

House on the state of the Union for consideration of the bill 

(H.R. 5) to ensure the rights of parents are honored and protected in the Nation’s public schools. The first reading of the 

bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed two hours equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce or 

their respective designees. After general debate the bill shall 

be considered for amendment under the five-minute rule. In 

lieu of the amendment in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in the bill, it shall be in order to consider 

as an original bill for the purpose of amendment under the 

five-minute rule an amendment in the nature of a substitute 
2 

•HRES 241 EH 

consisting of the text of Rules Committee Print 118–2. That 

amendment in the nature of a substitute shall be considered 

as read. All points of order against that amendment in the 

nature of a substitute are waived. No amendment to that 

amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules 

accompanying this resolution. Each such amendment may be 

offered only in the order printed in the report, may be offered 

only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 

report equally divided and controlled by the proponent and an 

opponent, shall not be subject to amendment, and shall not 

be subject to a demand for division of the question in the 

House or in the Committee of the Whole. All points of order 

against such amendments are waived. At the conclusion of 

consideration of the bill for amendment the Committee shall 

rise and report the bill to the House with such amendments 

as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the 

Committee of the Whole to the bill or to the amendment in 

the nature of a substitute made in order as original text. The 

previous question shall be considered as ordered on the bill 
3 

•HRES 241 EH 

and amendments thereto to final passage without intervening 

motion except one motion to recommit. 

Attest: 

Clerk.
**EXHIBIT32.1**

 

**FORM 10-QSB**

** **

**Section 1350 Certification**

 

# **Quarter ended March 31, 2005**

# ** **

I, James B. Druck, Chief Executive Officer of Southwest CasinoCorporation (the “Company”) certify, pursuant to Section 906 of theSarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of myknowledge:

 

(1)           TheQuarterly Report on Form 10-QSB of the Company for the first quarter endedMarch 31, 2005 (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities and Exchange Act of 1934 (15. U.S.C. 78m or78o(d)); and

 

(2)           Theinformation in the Report fairly presents, in all material respects, thefinancial condition and results of operation of the Company.

 

Dated:  May 16, 2005

 
|   | /s/ James B. Druck      |   |
|--------|-------------------------|--------|
|   | James B. Druck          |
|   | Chief Executive Officer |

 

----
exv10w6






EXHIBIT 10.6



Our Current Report on Form 8-K filed May 15, 2008 described the structure of our 162(m) bonus plan
for our named executive officers. The Management Development, Nominating and Governance Committee
of our Board of Directors has continued the structure of such bonus plan for 2010 as described in
that Form 8-K. Under the bonus structure applicable to 2010, the performance target is based on
our performance for 2010, and the non-objective corporate goals for the CEO’s 2010 bonus address
the same subjects as were addressed by the goals for 2008 and 2009.
Exhibit 32.2



CERTIFICATIONS PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



In connection with the Quarterly Report of World Health Alternatives, Inc. (the
Company) on Form 10-QSB for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard E. McDonald, Principal Accounting Officer of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended; and



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



By

/s/ Richard E. McDonaldRichard E. McDonaldPrincipal Accounting Officer




Date: May 16, 2005
**Exhibit 31.1**Certification of Principal Executive OfficerI, Peter A. Edison, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Bakers Footwear Group, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:(a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;(b) [reserved](c) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and(d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):(a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 whohave a significant role in the registrant’s internal control over financial reporting.     December 13, 2005 /s/ Peter A. Edison           Peter A. Edison          Chairman of the Board and          Chief Executive Officer          Bakers Footwear Group, Inc.          (Principal Executive Officer)  
25
[Nos. 27954-1-II; 29155-0-II.

Division Two.

May 4, 2004.]

#### The State of Washington, *Respondent,*v. Michael F. Kennedy, *Appellant. In the Matter of the Personal Restraint of*Michael F. Kennedy.

Appeal from a judgment of the Superior Court for Grays Harbor County, No. 01-1-00248-4, F. Mark McCauley, Gordon Godfrey, and David E. Foscue, JJ., entered October 5, 2001, together with a petition for relief from personal restraint. Judgment *affirmed*and petition *denied*by unpublished opinion per Quinn-Brintnall, C.J., concurred in by Morgan and Hunt, JJ.
<TABLE> <S> <C>

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<S>                                      <C>
<PERIOD-TYPE>                                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         146,657
<SECURITIES>                                         0
<RECEIVABLES>                                  182,946
<ALLOWANCES>                                  (12,965)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      12,139,015
<DEPRECIATION>                             (6,056,785)
<TOTAL-ASSETS>                              10,944,711
<CURRENT-LIABILITIES>                          339,069
<BONDS>                                      7,620,042
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<PREFERRED>                                          0
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<OTHER-SE>                                   2,985,600
<TOTAL-LIABILITY-AND-EQUITY>                10,944,711
<SALES>                                              0
<TOTAL-REVENUES>                             5,522,807
<CGS>                                                0
<TOTAL-COSTS>                                5,126,337
<OTHER-EXPENSES>                                13,641
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             664,204
<INCOME-PRETAX>                              (281,375)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (281,375)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (281,375)
<EPS-PRIMARY>                                   (5.43)
<EPS-DILUTED>                                   (5.43)
        

</TABLE>
**Exhibit 31.1****Certification**I, Gary McGaha, President and C.E.O., certify that:1. I have reviewed this quarterly report on Form 10-Q of Southern Community Bancshares, Inc. 2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this quarterly report;3. Based on my knowledge, the financial statements, and other financial information included inthis 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 presentedin this quarterly report;4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-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 that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b. [Intentionally omitted pursuant to SEC Release Nos. 33-8238 and 34-47986]  c. Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  d. Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a. All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and
 

 
 b. Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: November 14, 2006              /s/ Gary McGaha   Gary McGaha, President and   Chief Executive Officer
EXHIBIT 32.2

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

In connection with the Quarterly Report of Mewbourne Energy Partners 03-A, L.P. (the Registrant) on Form 10-Q for the
three months ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, in the capacity as indicated below and pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 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, as amended, and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------

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

Date:                May 17, 2010



/s/ J. Roe BuckleyJ. Roe BuckleyExecutive Vice PresidentChief Financial OfficerMewbourne Development Corporation,Managing General Partner of the Registrant
1.
    
    I have reviewed this report on Form 10-K and all reports on Form 10-D required
to be filed in respect of the period covered by this report on Form 10-K of Principal
Life Income Fundings Trust 2008-076 (the Exchange Act periodic reports);2.
    
    Based on my knowledge, the Exchange Act periodic reports, taken as whole, do
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, all of the distribution, servicing and other information
required to be provided under Form 10-D for the period covered by this report is
included in the Exchange Act periodic reports;4.
    
    Based on my knowledge and the servicer compliance statement(s) required in this
report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act
periodic reports, the servicer has fulfilled its obligations under the servicing
agreement(s) in all material respects; and5.
    
    All of the reports on assessment of compliance with servicing criteria for
asset-backed securities and their related attestation reports on assessment of
compliance with servicing criteria for asset-backed securities required to be included
in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules
13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise
disclosed in this report. Any material instances of noncompliance described in such
reports have been disclosed in this report on Form 10-K.
   /s/ Dwight N. Soethout

Dwight N. SoethoutVice President  Principal Life Insurance Company
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION FOR REHEARING EN BANC

Appellate case name: Mark Haynes, Danielle Megan Haynes and Charles Edward Haynes v. 

Mario Molina and Charlene Molina, Individually and dba Master 

Mechanical A/C and Heating, Jorge Molina

Appellate case number: 01-19-00917-CV

Trial court case number: 2016-43961

Trial court: 270th District Court of Harris County

The motion for rehearing en banc is denied.

It is so ORDERED.

Judge’s signature: _____/s/ Peter Kelly_____

 Acting individually  Acting for the Court

Panel consists of Chief Justice Radack and Justices Kelly, Goodman, Landau, Hightower,

Countiss, Rivas-Molloy, Guerra, and Farris.

Date: December 2, 2021