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

No. ED 105468

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

FILED: October 16, 2018

Randall Brachman, 1010 Market St., Ste 1100, St. Louis, MO 63101, for appellant.

Joshua Hawley, Garrick Aplin, 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

James Brown ("Brown") appeals from the motion court's judgment denying his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. Brown raises three points on appeal claiming ineffective assistance of trial counsel. In his *116first two points, Brown argues trial counsel was ineffective for failing to call witnesses to testify regarding an alternate perpetrator and impeachment evidence. In his third point, Brown asserts trial counsel was ineffective for not objecting to and improperly highlighting testimony mentioning Brown's name in a gang profile. We hold that Brown did not overcome the strong presumption that trial counsel's strategy was reasonable under *Strickland v. Washington*, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

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 CHIEF FINANCIAL OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906 OF


THE SARBANES-OXLEY ACT OF 2002





The undersigned, Justin Farry, Chief Financial Officer of GreenHouse Holdings, Inc., hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1)
the annual report on Form 10-K of GreenHouse Holdings, Inc. for the period ended December 31, 2010 (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 consolidated financial condition and results of operations of GreenHouse Holdings, Inc.





Dated: March 30, 2011





/s/ Justin FarryName: Justin FarryTitle: Chief Financial Officer(Principal Accounting Officer)





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to GreenHouse Holdings, Inc. and will be retained by GreenHouse Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.





The foregoing certification is furnished as an exhibit to the Report and will not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
<page>
EXHIBIT 32.01

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 Morgan Stanley Charter
Campbell L.P. (the ?Partnership?) on Form 10-Q for the period
ended June 30, 2005 as filed with the Securities and Exchange
Commission on the date hereof (the ?Report?), I, Jeffrey A.
Rothman, President, Demeter Management Corporation, the general
partner of the Partnership, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of my knowledge:
(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 Partnership.









By:    /s/Jeffrey A. Rothman

Name:		Jeffrey A. Rothman
Title:	President

Date:		August 15, 2005






























MORGAN STANLEY CHARTER CAMPBELL L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
Haldor Topsoe Budgetary Proposal 

Hartenstein RFP 

(CONFIDENTIAL DOCUMENT)
[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Page 12109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6101]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Fresno County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Fresno County Resource Advisory Committee will be meeting 
in Clovis, California on April 2nd. The purpose of the meeting on April 
2nd will be to approve and vote on projects that have been submitted 
for funding.

DATES: The meeting will be held on April 2, 2009 from 6 p.m. to 8:30 
p.m. in Clovis, CA.

ADDRESSES: The meeting will be held at the Sierra National Forest 
Supervisor's Office, 1600 Tollhouse Rd., Clovis, CA. Send written 
comments to Robbin Ekman, Fresno County Resource Advisory Committee 
Coordinator, c/o Sierra National Forest, High Sierra Ranger District, 
29688 Auberry Road, Prather, CA 93651 or electronically to 
<a href="/cdn-cgi/l/email-protection#92e0f7f9fff3fcd2f4e1bcf4f7f6bce7e1"><span class="__cf_email__" data-cfemail="fb899e90969a95bb9d88d59d9e9fd58e88">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Robbin Ekman, Fresno County Resource 
Advisory Committee Coordinator, (559) 855-5355, ext. 3341.

SUPPLEMENTARY INFORMATION: The meeting is open to the public. Committee 
discussion is limited to Forest Service staff and Committee members. 
However, persons who wish to bring Payments to States Fresno County 
Title II project matters to the attention of the Committee may file 
written statements with the Committee staff before or after the 
meeting.

     March 16, 2009.
Ray Porter,
District Ranger.
 [FR Doc. E9-6101 Filed 3-20-09; 8:45 am]
BILLING CODE 3410-11-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**EXHIBIT 32.1**

 

**CERTIFICATION OF**

**CURTIS W. MEWBOURNE / CHIEF EXECUTIVE OFFICER**

**OF MEWBOURNE DEVELOPMENT CORPORATION**

**PURSUANT TO 18 U.S.C. § 1350**

 

I, Curtis W. Mewbourne, Chief Executive Officer of Mewbourne Development Corporation, Managing General Partner of MewbourneEnergy Partners 03-A, L.P. (the “Registrant”), hereby certify that the accompanying report on Form 10-Q, for the quarterly period ended March 31, 2005 and filed with the Securities and Exchange Commission on the date hereof pursuant toSection 13(a) of the Securities Exchange Act of 1934 (the “Report”) by the Registrant 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 ofoperations of the Registrant.
STATE of Missouri, Respondent, v. Deshawn Dupree SMITH, Appellant.

WD 80199

Missouri Court of Appeals, Western District.

ORDER FILED: April 10, 2018

Joshua D. Hawley, Attorney General, and Gregory L. Barnes and Dora A. Fichter, Assistant Attorneys General, Jefferson City, MO, Attorneys for Respondent.

Margaret M. Johnston and Casey A. Taylor, Assistant Public Defenders, Columbia, MO, Attorneys for Appellant.

Before Special Division: Zel M. Fischer, Special Judge, Presiding, and Alok Ahuja and Karen King Mitchell, Judges

**Order**

Per Curiam:

Deshawn Dupree Smith appeals, following a jury trial, his convictions of attempted first-degree robbery (§§ 564.011 and 569.020), first-degree robbery (§ 569.020), and armed criminal action (§ 571.015), for which he was sentenced as a persistent felony offender to concurrent terms of ten, twenty, and ten years' imprisonment, respectively. Smith brings two points on appeal. Finding no error of law, we affirm. Rule 30.25(b).
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

921.2 

CAE 15-01445 

PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND PERADOTTO, JJ. 

 

 

IN THE MATTER OF FRANK VESCERA, 

PETITIONER-APPELLANT, 

V ORDER

JORDAN KARP AND ROSE GRIMALDI, COMMISSIONERS OF 

ONEIDA COUNTY BOARD OF ELECTIONS, AND ROSE ANN 

CONVERTINO, RESPONDENTS-RESPONDENTS.

(APPEAL NO. 2.)

 

RICHARD E. KAPLAN, UTICA, FOR PETITIONER-APPELLANT.

DAVID G. GOLDBAS, UTICA, FOR RESPONDENT-RESPONDENT ROSE ANN

CONVERTINO. 

 

Appeal from an order of the Supreme Court, Oneida County (Patrick

F. MacRae, J.), entered August 24, 2015 in a proceeding pursuant to

the Election Law. The order dismissed the petition with prejudice. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs for reasons stated in Matter of

Vescera v Karp ([appeal No. 1] ___ AD3d ___ [Sept. 8, 2015]).

Entered: September 8, 2015 Frances E. Cafarell

Clerk of the Court
Exhibit 10.25


 


Amendment No. 4


 


to


 


Employment Agreement of
David Schaeffer


 


This amendment is made by and between Cogent
Communications, Inc. (the “Company”) and David Schaeffer (“Executive”).  It amends the employment agreement between
the parties dated February 7, 2000.


 


The purpose of this amendment is to extend the term
of the employment agreement.


 


The second and third
sentences of section 2 are replaced with the following:


 


The
initial term of employment under this Agreement (the “Initial Term”) shall be
for the period beginning on the Effective Date and ending on December 31,
2011, unless earlier terminated as provided in Section 6.  The Initial Term shall automatically be
extended for a single additional period expiring December 31, 2014 (the
Extension Term”) unless either party hereto gives written notice of
non-extension to the other no later than September 1, 2011.


 


Except as herein amended the
Employment Agreement shall remain in full force and effect.


 


Accepted and Agreed to:


 


	
   

  	
   

  	
  Cogent Communications, Inc.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/David Schaeffer

  	
   

  	
  by:

  	
   /s/Robert
  N. Beury, Jr.

  
	
  David Schaeffer

  	
   

  	
   

  	
  Robert N. Beury Jr.

  
	
  In his individual capacity

  	
   

  	
   

  	
  Chief Legal Officer and VP

  
	
   

  	
   

  	
   

  	
  Cogent Communications, Inc. on behalf of the
  board of directors

  
	
   

  	
   

  	
   

  	
   

  
	
  Date: February 26, 2010

  	
   

  	
   

  	
  Date: February 26, 2010
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 June 30, 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:                 August 16, 2010



/s/ J. Roe BuckleyJ. Roe BuckleyExecutive Vice PresidentChief Financial OfficerMewbourne Development Corporation,Managing General Partner of the Registrant
**Exhibit 32.2**

** **

**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 East KansasAgri-Energy, LLC (the “Company”) for the period ended March 31, 2006, as filedwith the Securities and Exchange Commission on the date hereof  (the “Report”), I, Thomas D. Leitnaker,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of 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/ Thomas D. Leitnaker |   |
|--------|-------------------------|--------|
|   | Chief Financial Officer |
|   | Dated: May 15, 2006     |

 

----
<Page>
                                                                    EXHIBIT 99.4

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

    In connection with the quarterly report of American Achievement Corporation
on Form 10-Q/A for the period ending February 23, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Sherice
P. Bench, Chief Financial Officer of American Achievement Corporation, 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 requirements of Section 13(a) or
       15(d) of the Securities and Exchange Act 1934; and

    (2) The information contained in the Report fairly presents, in all material
       respects, the financial condition and results of operations of American
       Achievement Corporation.

<Table>
<S>                                                    <C>  <C>
Dated: September 10, 2002                                              /s/ SHERICE P. BENCH
                                                            -----------------------------------------
                                                                         Sherice P. Bench
                                                                     CHIEF FINANCIAL OFFICER
</Table>
### 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 c ell

. **Estimated Costs:** 
Action (e.g., Inspection, replacement) Costs per **Product** (e.g., aircraft, engine,

propeller, appliance) Work

- h ours (include access, testing, and close

- up) Labor

cost ( @ $8 5 /h our) Part s 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 M M 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:** Cou ld 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? E xplain 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 :
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _ Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 0 A0 37 5 . CAMACHO et a l . v . US BANK, N. A.

Th i s ci v il ap p eal was d o ck et ed o n Sep tem ber 1 1, 2 0 1 9 , su ch t h at ap p el l an t s ’ b ri ef was d u e o n Oct o b er 1 , 2 0 19

. Co u rt o f Ap p eal s Ru l e 2 3 (a) (an i n it i al b ri ef “ s h al l b e fi l ed wi t h i n 2 0 d ay s aft er t h e ap p eal i s d o ck et ed . Fai l u re t o fi l e wi t h i n t h at t i m e,

u n l es s ex t en d ed up o n m ot io n fo r g o o d cau se sh o wn , m ay res u l t i n t he d i s m i s sal o f t h e ap p eal ”). As of Oct o b er 7, 2 01 9 , ap p el l an t s h av e n ei th er fi l ed a b ri ef n o r as k ed fo r an

ex t en s i o n o f t i m e t o d o s o . W e t h erefo re DISM ISS t h i s ap p eal . Id

.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e is a t r u e e x t r a c t f r o m
t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. October 07, 2019

10/07/2019
In the MATTER OF: Maya Lucretia AVILA, a Minor

Anna M. Nicoloff, Petitioner/Respondent, v. Geronimo Avila-Trujillo, Respondent/Appellant.

No. ED 105751

Missouri Court of Appeals, Eastern District, DIVISION FIVE.

Filed: July 31, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied October 15, 2018 Application for Transfer Denied December 18, 2018

James A. Stemmler, 1602 S. Big Bend Blvd., St. Louis, MO 63117, for appellant.

Simone Haberstock McCartney, 2016 South Big Bend Blvd., St. Louis, MO 63117, for respondent.

James R. Wright, Jr., 7777 Bonhomme Ave., Suite 1502, St. Louis, MO 63105, Guardian Ad Litem.

Before James M. Dowd, P.J., Lawrence E. Mooney, J., and Jason M. Sengheiser, Sp.J.

*804**ORDER**

PER CURIAM

Geronimo Avila-Trujillo appeals the circuit court's determination that he is unfit to serve as the natural guardian of his daughter M.L.A., and awarding guardianship to M.L.A.'s maternal aunt. An opinion would have no precedential value. We have furnished the parties with a memorandum, for their information only, explaining the reasons for our decision. We affirm. Rule 84.16(b)(1)&(5).
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

In connection with the quarterly report on Form 10-QSB of East KansasAgri-Energy, L.L.C. (the “Company”) for the period ended June 30, 2003, asfiled with the Securities and Exchange Commission on the date hereof (the“Report”), I, William R. Pracht, Principle Executive Officer ofthe Company, and I, Jill A. Zimmerman, Principal Financial Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

 

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
|   | EAST  KANSAS AGRI-ENERGY, L.L.C.                        |
|--------|---------------------------------------------------------|
|   |                                                    |
|   |                                                    |
| Date:  | August 14, 2003                                         |   | /s/ William R. Pracht |
|   | William  R. Pracht                                      |
|   | President  (Principle Executive Officer)                |
|   |                                                    |
|   |                                                    |
| Date:  | August 14, 2003                                         |   | /s/ Jill A. Zimmerman |
|   | Jill A. Zimmerman                                       |
|   | Treasurer  (Principal Financial and Accounting Officer) |

 

----
Exhibit  32.1
 
 
 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 Annual Report of Freedom Environmental Services Inc. on Form
10-K for the year ended December 31, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Michael Borish, Chief
Executive Officer certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of
my knowledge and belief:
 
 (1)  the Report fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934; and
 
 (2)  the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 
 
 
 /s/
Michael Borish
 -------------------------------
 Michael
Borish
 CEO
 
 Date:
October 28, 2009
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned officer of Community Alliance, Inc. (the "Company"),
hereby certifies, to such officer's knowledge, that the Company's
Annual Report on Form 10-K for the year ended November, 2009 (the
"Report") fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and that the information contained in
the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

                                 /s/Phillip E. Ray
                                 ----------------------
                                 Phillip E. Ray
                                 Chief Executive Officer

February 12, 2010