alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-S14038-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

Appellee :

:

v. :

:

TYRONE J. GRAHAM, :

:

Appellant : No. 2395 EDA 2014

Appeal from the PCRA Order entered on August 15, 2014

in the Court of Common Pleas of Philadelphia County,

Criminal Division, No. CP-51-CR-0610381-2006

BEFORE: DONOHUE, OLSON and MUSMANNO, JJ.

MEMORANDUM BY MUSMANNO, J.: FILED MARCH 09, 2015

Tyrone J. Graham (“Graham”) appeals from the Order dismissing his 

Petition filed pursuant to the Post Conviction Relief Act (“PCRA”).1 We 

affirm. 

The PCRA court set forth the relevant factual and procedural history in 

its Opinion, which we adopt for purposes of this appeal. See PCRA Court 

Opinion, 9/16/14, at 1-4.2 

On appeal, Graham raises the following issue for our review: “Is 

[Graham] entitled to PCRA relief in the form of the grant of leave to 

withdraw his guilty plea or new trial since [plea] counsel was ineffective for 

 

1 See 42 Pa.S.C.A. §§ 9541-9546. 

2 Graham timely filed a Notice of Appeal and a Concise Statement of Errors 

Complained of on Appeal. 
J-S14038-15

- 2 -

failing to file and litigate a motion to withdraw guilty plea?” Brief for 

Appellant at 4. 

Graham contends that he asked his plea counsel to file a motion to 

withdraw his guilty plea, and that his plea counsel failed to comply with this 

request. Id. at 15-16. Graham asserts that he filed, pro se, a postsentence motion to withdraw his guilty plea, which was erroneously 

docketed as a Notice of Appeal.3 Id. at 16. Graham claims that his guilty 

plea was not knowing, voluntary or intelligent. Id. at 20. Graham contends 

that, because he alleged in his pro se Notice of Appeal that he had 

irreconcilable differences with plea counsel, and that plea counsel was 

ineffective, plea counsel should have filed a motion to withdraw Graham’s 

guilty plea. Id. Graham asserts that his statements at the time he entered 

his guilty plea “clearly indicate[d] he that he [was] pleading guilty because 

there was [] inadequate time to consult with [plea] counsel[:] to prepare for 

trial[;]” and “with regard to the guilty plea.” Id. at 21, 22. Graham claims 

that he “had no intention to plead guilty[,] and the Commonwealth informed 

the trial court of this fact.” Id. at 22. Graham contends that his 

representations to the trial court at the time of his plea “appear[] to indicate 

that he [was] pleading guilty because he had no choice, as opposed to 

because he was guilty of the crimes charged.” Id. at 23. 

 

3 Our review of the record discloses that this one-page document is clearly 

entitled “Notice of Appeal.” See Notice of Appeal, 7/16/07.
J-S14038-15

- 3 -

In its Opinion, the PCRA court addressed Graham’s claim, set forth the 

relevant law, and concluded that his claim lacks merit. See PCRA Court 

Opinion, 9/16/14, at 4-8. We agree with the sound reasoning of the PCRA 

court, and affirm on this basis. See id. 

Order affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/9/2015
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

Pursuant to 18 U.S.C Section 1350 (adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002), I, the undersigned President and Chief Executive Officer of California Steel Industries,
Inc. (the Company), hereby certify that the Quarterly Report on Form 10-Q of the Company for the quarter ending September 30, 2010 (the Report), fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934; as amended, and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.



|                 |  |  |  |                                      
|---------------- |  |  |  | -------------------------------------
|October 27, 2010 |  |  |  | /s/ VICENTE WRIGHT                   
|                 |  |  |  | Vicente Wright                       
|                 |  |  |  | President and Chief Executive Officer
THE SANDS REGENT AND SUBSIDIARIES

CERTIFICATION OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS



EXHIBIT 32



The following certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350 and in accordance with SEC Release No. 33-8238. These
certifications shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall they be incorporated by reference in any filing of the Company under the Securities Act of 1933, as
amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.



Certification of Chief Executive and Principal Accounting Officer



Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of The Sands Regent,
a Nevada corporation (the Company), hereby certifies, to his knowledge, that:



|(i) | the accompanying Quarterly Report on Form 10-Q of the Company for the period ended March 31, 2004 (the Report) fully complies with the requirements of Section 13(a) or
Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: May 14, 2004



|    |  |                                                                    
|--- |  | -------------------------------------------------------------------
|    | 
|By: |  | /S/    FERENC B. SZONY                                             
|    |  |                                                                    
|    |  | Ferenc B. Szony President and Chief Executive Officer              
|    | 
|By: |  | /S/    ROBERT J. MEDEIROS                                          
|    |  |                                                                    
|    |  | Robert J. Medeiros Chief Financial and Principal Accounting Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

# AGENCY:

National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS).

# ACTION:

Notice.

# SUMMARY:

HHS gives notice of a decision to designate a class of employees at the Hood Building in Cambridge, Massachusetts, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On March 31, 2009, the Secretary of HHS designated the following class of employees as an addition to the SEC:

All employees of the DOE, its predecessor agencies, and their contractors and subcontractors who worked in the Hood Building in Cambridge, MA, from May 9, 1946 through December 31, 1963, for a number of work days aggregating at least 250 work days, occurring either solely under this employment or in combination with work days within the parameters established for one or more other classes of employees included in the SEC.

                    This designation will become effective April 30, 2009, unless Congress provides otherwise prior to the effective date. After this effective date, HHS will publish a notice in the                     **Federal Register**                     reporting the addition of this class to the SEC or the result of any provision by Congress regarding the decision by HHS to add the class to the SEC.                

# FOR FURTHER INFORMATION CONTACT:

                        Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to                         *OCAS@CDC.GOV*.                    

Christine M. Branche,

Acting Director, National Institute for Occupational Safety and Health.

[FR Doc. E9-8252 Filed 4-9-09; 8:45 am]

BILLING CODE 4163-19-P
Exhibit 13.1



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



In connection with the Annual Report on
Form 20-F for the fiscal year ended June 30, 2018 of NextSource Materials Inc. (the "Company"), the undersigned, in the
capacity and on the date indicated below, hereby certifies pursuant to 18 U.S.C. § 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, 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.



Date: October 31, 2018



|By: | /s/ Craig Scherba             | 
|--- | ----------------------------- | 
|    | Craig Scherba                 | 
|    | Chief Executive Officer       | 
|    | (principal executive officer) |
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### September 9, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanag h Elizabeth A. Weave r 

### 136598 & (10)(11) Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markman, J ustices 

### PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 136598 COA: 283972 Berrien CC: 2007-404536-FC DARRON ANDERSON, Defendant-Appellant.

________________ _________________________/

On order of the Court, the application for leave to appe al the April 16, 2008 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be revi ewed by this Cour t. The motion for appointment of counsel and motion to remand are DENIED.

d0828 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 9, 2008

Clerk
## In **T he**  **Court of Appeals Seventh District of Texas at Amarillo** 

No. 07

- 23

- 00222

- CR

CHRISTIAN ANGEL ZUBIA , A PPELLANT V. THE STATE OF TEXAS , APPELLEE On Appeal from the 222nd District Court Deaf Smith County, Texas Trial Court No
. CR

- 2022I

- 141 , Honorable Roland D. Saul , Presiding 

### March 27 , 2024 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and YARBROUGH, JJ. Christian Angel Zubia appeal ed his conviction for murder and sentence . His brief was originally due January 17, 2024, but we granted his retained counsel , Charles Blevins, an extension to February 16 , 2024. Counsel filed no brief on behalf of appellant. By letter dated February 26 , 2024, we admonished Blevins that the failure to file a brief by March 7 would result in the appeal being abated and the cause remanded to the trial court for further proceedings. In response, counsel filed a “Letter of Intent to Dismiss Appeal” on March 7, 2024 and represented therein that a ppellant intend ed to file a motion2 to voluntarily dismiss the appeal

. To date, however, we have received neither a motion to dismiss nor an appellant’s brief

. Accordingly, we abate this appeal and remand the cause to the trial court for further proceed ings. See T EX

. R. A PP

. P . 38.8(b)(2), (3). Upon remand, the trial court shall determine the following:
(1) whether a ppellant still desires to prosecute the appeal; (2) whether a ppellant is indigent; (3) why a timely appellate brief has not been filed on a ppellant ’s behalf ; (4) whether a ppellant ’ s counsel has abandoned the appeal; (5) whether a ppellant has been denied the effective assistance of counsel; (6) whether new counsel should be appointed; and (7) if a ppellant desires to continue the appeal, the date on which the a ppellant ’ s brief will be filed.
T he trial court is directed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters in a supplemental record and cause that record to be filed with this C ourt by April 2 6 , 202 4

. If it is determined that a ppellant desires to proceed with the appeal, is indigent, and has been denied the effective assistance of counsel, the trial court may appo int him new counsel; the name, address, email address, tele phone number, and state bar number of any newly appointed counsel shall be included in the aforementioned findings.3 Should a ppellant’s counsel file either a brief o r a motion to voluntarily dismis s the appeal before April 12, 202 4 , he is directed to immediately notify the trial court of the filing, in writing, whereupon the trial court shall not be required to take any further action.

It is so ordered.

Per Curiam
Do not publish.
**Exhibit 31.1**

 

**CERTIFICATIONS**

**ChiefExecutive Officer**

 

I, Lori A. Jones, certify that:

 

1.  I have reviewed thisquarterly report on Form 10-QSB of Analytical Surveys, Inc.;

 

2.  Based on my knowledge, thisquarterly report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading withrespect to the period covered by this quarterly report;

 

3.  Based on my knowledge, thefinancial statements, and other financial information included in thisquarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report;

 

4.  The registrant’s othercertifying officer and I am responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13(a)-15(e) and15(d)-15(e)) for the registrant and have:

 

a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this quarterlyreport our conclusions about the effectiveness of the disclosure controls andprocedures as of the end of the period covered by this quarterly report basedon such evaluation; and

 

c) Disclosed in this quarterly report anychange in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and

 

5.  The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performingthe equivalent functions):

 

a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

b) Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

 

Dated:    February 14, 2006

 
| /s/ Lori A. Jones |   |
|-------------------|--------|

Lori A. Jones

Chief Executive Officer

 

----
Exhibit 99.2


KPMG logo here


KPMG LLP
Suite 2000
355 South Grand Avenue
Los Angeles, CA 90071-1568

Independent Accountants' Report - Uniform Single Attestation
Program for Mortgage Bankers

The Board of Directors
New Century Mortgage Corporation

We have examined management's assertion, included in the accompanying
Management Assertion - Uniform Single Attestation Program for Mortgage
Bankers, that New Century Mortgage Corporation (the Company), complied with
the minimum servicing standards set forth in the Mortgage Bankers Association
of America's Uniform Single Attestation Program for Mortgage Bankers (USAP)
as of and for the year ended December 31, 2004.  Management is responsible
for the Company's compliance with those minimum servicing standards.  Our
responsibility is to express an opinion on management's assertion about
the Company's compliance based on our examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants and,
accordingly, included examining, on a test basis, evidence about the Company's
compliance with the minimum servicing standards specified above and
performing such other procedures as we considered necessary in the
circumstances. We believe that our examination provides a reasonable basis
for our opinion. Our examination does not provide a legal determination on
the Company's compliance with the minimum servicing standards.

In our opinion, management's assertion that New Century Mortgage Corporation
complied with the aforementioned minimum servicing standards as of and for
the year ended December 31, 2004 and is fairly stated, in all material respects.

/s/: KPMG LLP

March 24, 2005


<page>


New Century Financial Corporation logo here
18400 Von Karman, Suite 1000, Irvine, CA 92612 (949) 224-5745 FAX (949) 863-7255

Management Assertion
Uniform Single Attestation Program
for Mortgage Bankers

As of and for the year ended December 31, 2004, New Century Mortgage
Corporation has complied in all material respects, with the minimum
servicing standards set forth in the Mortgage Bankers Association of
America's (MBA), Uniform Single Attestation Program for Mortgage Bankers
(USAP). As of and for this same period, New Century Mortgage Corporation
had in effect a fidelity bond and an errors and omissions policy both in the
amount of $30,000,000.


New Century Mortgage Corporation

/s/: Patrick Flanagan
Patrick Flanagan
President

3/24/2005
Date

/s/: Patti M. Dodge
Patti M. Dodge
EVP and Chief Financial Officer

3/24/2005
Date
Exhibit 32.1



CERTIFICATIONS OF

CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL
OFFICER

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 Axion International Holdings, Inc. (the Company”) on Form 10-Q/A for the three months ended
March 31, 2015 as filed with the Securities and Exchange Commission on the date hereof (the Report”), Steven Silverman,
President and Chief Executive Officer of the Company, and Donald Fallon, 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 to our best knowledge:



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 the Company.



|Date: November 24, 2015 |                                      
|----------------------- | -------------------------------------
|                        | /s/ Claude Brown                     
|                        | Claude Brown                         
|                        | President and Chief Executive Officer
|                        |                                      
|Date: November 24, 2015 | /s/ Donald Fallon                    
|                        | Donald Fallon                        
|                        | Chief Financial 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 Pharma-Bio Serv, Inc. (the
“Company”) on Form 10-K/A for the fiscal year ended
October 31, 2016 as filed with the Securities and Exchange
Commission on the date hereof (the “report”), the
undersigned, Victor Sanchez, Chief Executive Officer of the
Company, and Pedro J Lasanta, Chief Financial Officer of the
Company, each certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that to our knowledge:





1.
 The
report fully complies with the requirements of Section 13(a) or
Section 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 operation
of the Company.





Dated: February 28,
2017





/s/ Victor
Sanchez

/s/ Pedro J.
LasantaVictor
Sanchez

Pedro J.
LasantaChief Executive
Officer

Chief Financial
Officer(principal
executive officer)

(principal
financial and accounting officer)





This certification accompanies the Form 10-K to which it relates,
is not deemed filed with the Securities and Exchange Commission and
is not to be incorporated by reference to any filing of Pharma-Bio
Serv, Inc. under the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended (whether made before or
after the date of the Form 10-K), irrespective of any general
incorporation language contained in such filing.