alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Plaintiff, *v.*Charles William Washburn, Defendant.

County Court, Wayne County,

December 4, 1973.

*1089
      *Stephen R. Sirloin, District Attorney (Carmen R. Parenti*of counsel), for plaintiff. *Ronald G. Valentin, Public Defender,*for defendant.

Reginald S. Oliver, J.

The above defendant has been indicted for the crime of rape in the second degree. His counsel has moved for a blood grouping test to ascertain whether the defendant is the father of a child born to the female in question, who steadfastly maintains she has never had intercourse with any other male. There is some evidence to the contrary.

The sole question on this motion is whether a blood grouping test should be authorized to impeach the credibility of the complainant in the event the result of such test excluded the defendant as the father of the child. Such exclusion, together with the defendant’s denial, could well raise a reasonable doubt as to his guilt.

Formerly, .section 684-a of the Code of Criminal Procedure authorized a serologic blood test when “ relevant upon any criminal investigation, proceeding or trial to determine the parentage of any child, or the identity of any person or corpse ”. The results were admissible only where definite exclusion was established.

This provision of the law has been omitted from the Criminal Procedure Law. See, however, CPLR 3121, authorizing a blood test, but with no limitation as to its admissibility only in the event of an exclusory result.

There is some authority to grant the defendant’s motion.

In *People*v. *Tashman*(233 N. Y. S. 2d 744) Justice Miles F. McDonald reasoned that a blood test should be ordered in a rape second prosecution, since the results of such test bears directly on the credibility of the complainant. The complainant had asserted in her preliminary examinations that she had never engaged in sexual intercourse with any one except the defendant. Other cases to the contrary are distinguishable. (See *People*v. *Karlan,*13 N. Y. S. 2d 482; *People*v. *Seeley,*75 N. Y. S. 2d 833.)

Even though the Criminal Procedure Law has no provision similar to section 684-a of the Code of Criminal Procedure the *1090court holds that the defendant is entitled to the order, not because parentage is in issue, but because the credibility of the complainant has a direct bearing on his guilt or innocence. (See Richardson, Evidence [9th ed.], § 399.)

Submit an order directing a blood grouping test on the defendant, the complainant, and the infant, to be conducted by a physician experienced in such tests and agreeable to both the defendant and the People.
## Breadcrumb

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#           Landslides and tsunamis      

      January 1, 2000    

The study of tsunamis has been shifting away from theoretical modeling of tsunami source, wave propagation and runup toward multidisciplinary investigations, with an emphasis on field studies. This collection of papers highlights the many approaches being utilized to study landslides and tsunamis.

## Citation Information

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[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Notices]
[Page 16501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10330]



-----------------------------------------------------------------------
## Breadcrumb

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#           Key seabird areas in southern New England identified using a community occupancy model      

      August 18, 2015    

Seabirds are of conservation concern, and as new potential risks to seabirds are arising, the need to provide unbiased estimates of species’ distributions is growing. We applied community occupancy models to detection/non-detection data collected from repeated aerial strip-transect surveys conducted in 2 large study plots off southern New England, USA; one off the coast of Rhode Island and the other in Nantucket Sound. A total of 17 seabird species were observed at least once in each study plot. We found that detection varied by survey date and effort for most species and the average detection probability across species was less than 0.4. We estimated the influence of water depth, sea surface temperature, and sea surface chl a concentration on species-specific occupancy. Diving species showed large differences between the 2 study plots in their predicted winter distributions, which were largely explained by water depth acting as a stronger predictor of occupancy in Rhode Island than in Nantucket Sound. Conversely, similarities between the 2 study plots in predicted winter distributions of surface-feeding species were explained by sea surface temperature or chlorophyll a concentration acting as predictors of these species’ occupancy in both study plots. We predicted the number of species at each site using the observed data in order to detect ‘hot-spots’ of seabird diversity and use in the 2 study plots. These results provide new information on detection of species, areas of use, and relationships with environmental variables that will be valuable for biologists and planners interested in seabird conservation in the region.

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####             Allan O'Connell, Jr., Ph.D. (Former Employee)          

##### Research Manager

Eastern Ecological Science Center

## Related Content

####             Allan O'Connell, Jr., Ph.D. (Former Employee)          

##### Research Manager

Eastern Ecological Science Center

### Study Area

### Contact

####               Eastern Ecological Science Center at the Leetown Research Laboratory          

11649 Leetown RoadKearneysville, WV25430United States

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                  - Nantucket Sound and coast of Rhode Island
                  - nantucket sound
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Exhibit 32.1






Certification Pursuant to Section 1350 of Chapter 63


of Title 18 of the United States Code






I, Edward Suydam, the Chief Executive Officer of Nano Mask, Inc. (“Nano Mask”), certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:






(i) the accompanying Form 10-K of Nano Mask for the year ended December 31, 2012 (the “Form 10-K”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




(ii) the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of Nano Mask, Inc.






Nano Mask, Inc.Date March 29, 2013
By:
/s/ Edward SuydamName Edward SuydamTitle Chief Executive Officer (Principal Executive Officer)
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#           Martian cave air-movement via Helmholtz resonance      

      October 1, 2017    

Infrasonic resonance has previously been measured in terrestrial caves by other researchers, where Helmholtz resonance has been suggested as the plausible mechanism resulting in periodic wind reversals within cave entrances. We extend this reasoning to possible Martian caves, where we examine the characteristics of four atypical pit craters (APCs) on Tharsis, suggested as candidate cave entrance locations. The results show that, for several possible cave air movement periods, we are able to infer the approximate cave volumes. The utility of inferring cave volumes for planetary cave exploration is discussed.

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#### Kaj Williams, Ph.D.

##### Research Physical Scientist

Astrogeology Science Center

kewilliams@usgs.gov

#### Timothy Neal Titus, Ph.D.

##### Research Space Scientist

Astrogeology Science Center

ttitus@usgs.gov

928-556-7201

#### Chris H Okubo, PhD

##### Deputy Center Director and Research Operations Lead

Astrogeology Science Center

cokubo@usgs.gov

928-556-7009

## Related Content

#### Kaj Williams, Ph.D.

##### Research Physical Scientist

Astrogeology Science Center

kewilliams@usgs.gov

#### Timothy Neal Titus, Ph.D.

##### Research Space Scientist

Astrogeology Science Center

ttitus@usgs.gov

928-556-7201

#### Chris H Okubo, PhD

##### Deputy Center Director and Research Operations Lead

Astrogeology Science Center

cokubo@usgs.gov

928-556-7009

### Contact

####               Astrogeology Science Center          

2255 N. Gemini DriveFlagstaff, AZ86001United States

928-556-7000

928-556-7014

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#           Megablocks and melt pockets in the Chesapeake Bay impact structure constrained by magnetic field measurements and properties of the Eyreville and Cape Charles cores      

      January 1, 2009    

We use magnetic susceptibility and remanent magnetization measurements of the Eyreville and Cape Charles cores in combination with new and previously collected magnetic field data in order to constrain structural features within the inner basin of the Chesapeake Bay impact structure. The Eyreville core shows the first evidence of several-hundred-meter-thick basement-derived megablocks that have been transported possibly kilometers from their pre-impact location. The magnetic anomaly map of the structure exhibits numerous short-wavelength (<2 km) variations that indicate the presence of magnetic sources within the crater fill. With core magnetic properties and seismic reflection and refraction results as constraints, forward models of the magnetic field show that these sources may represent basementderived megablocks that are a few hundred meters thick or melt bodies that are a few dozen meters thick. Larger-scale magnetic field properties suggest that these bodies overlie deeper, pre-impact basement contacts between materials with different magnetic properties such as gneiss and schist or gneiss and granite. The distribution of the short-wavelength magnetic anomalies in combination with observations of small-scale (1-2 mGal) gravity field variations suggest that basement-derived megablocks are preferentially distributed on the eastern side of the inner crater, not far from the Eyreville core, at depths of around 1-2 km. A scenario where additional basement-derived blocks between 2 and 3 km depth are distributed throughout the inner basin-and are composed of more magnetic materials, such as granite and schist, toward the east over a large-scale magnetic anomaly high and less magnetic materials, such as gneiss, toward the west where the magnetic anomaly is lower-provides a good model fi t to the observed magnetic anomalies in a manner that is consistent with both gravity and seismic-refraction data. ?? 2009 The Geological Society of America.

## Citation Information

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#### Anjana K Shah

##### Research Geophysicist

Geology, Geophysics, and Geochemistry Science Center

ashah@usgs.gov

303-236-1218

## Related Content

#### Anjana K Shah

##### Research Geophysicist

Geology, Geophysics, and Geochemistry Science Center

ashah@usgs.gov

303-236-1218

### Contacts

#### Anjana K Shah

##### Research Geophysicist

Geology, Geophysics, and Geochemistry Science Center

ashah@usgs.gov

303-236-1218
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

DeBerry 3 Operating Company, LLC, Appellant

No. 06

- 15

- 00036

- CV v.

Quitman Independent School District, et al., Appellee s Appeal from the 402nd Judicial District Court of Wood County, Texas (Tr. Ct. No.

T

- 3625 ). Memorandum Opinion delivered by Justice Burgess, Chief Justice Morriss and Justice Moseley participating.

As stated in the Court’s opinion of this date, we find that the appeal should be dismissed

for want of prosecution. Therefore, we dis miss the appeal.

We further order that the appellant, DeBerry 3 Operating Company, LLC, pay all costs of

this appeal.

RENDERED JULY 24, 2015

BY ORDER OF THE COURT

JO SH R. MORRISS, III

CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
EXHIBIT 32

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350**

 

In connection with the Quarterly Report of SiteStar Corporation,(the “registrant”) on Form 10-Q/A for the period ended March 31, 2015, as filed with the Securities and Exchange Commissionon the date hereof (the “report”), we, Frank Erhartic, Jr., President and Chief Executive Officer, and Daniel Judd,Chief Financial Officer, respectively, of the registrant, certify pursuant to 18 U.S.C. §1350, that to our knowledge:
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

UNITED STATES COURT OF APPEALS Filed 1/21/97 TENTH CIRCUIT

GEORGE WIFORD,

Petitioner - Appellant, No. 96-5163

v. N.D. Oklahoma BOBBY BOONE, Warden; ATTORNEY GENERAL OF THE STATE OF OKLAHOMA, sued as: Susan Loving,

Respondents - Appellees. (D.C. No. 94-CV-821)

ORDER AND JUDGMENT *

Before ANDERSON , HENRY , and BRISCOE , Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. SeeFed. R. App. P. 34 (a); 10th Cir. R. 34.1.9. This cause is therefore ordered submitted without oral argument.-2-

This matter is before the court on George Wiford’s application for a certificate of appealability. See 28 U.S.C. § 2253. In April, 1990, Wiford was sentenced to life imprisonment after pleading guilty to first degree murder. After exhausting state remedies, Wiford filed this, his first, 28 U.S.C. § 2254 petition for a writ of habeas corpus, alleging (1) that his detention center denied him access to Oklahoma case law and statutes, and (2) that he had received ineffective assistance of counsel, in that his attorney failed to call certain witnesses at his preliminary hearing, failed to have his competency evaluated, and failed to request a change of venue. The district court denied the petition. In his application to this court, Wiford raises only the ineffective assistance claim. We may issue a certificate of appealability “only if the applicant has made a substantial showing of the denial of a constitutional right.” Id. § 2253(c)(2). We have reviewed Wiford’s application and the record before us. For substantially the same reasons expressed in the district court’s order dated June 24, 1996, we conclude that Wiford has not made the showing necessary to warrant our issuance of a certificate. Therefore, we DENY his application and DISMISS the appeal. The mandate shall issue forthwith.
ENTERED FOR THE COURT

Stephen H. Anderson Circuit Judge
<PAGE>
                                                                    EXHIBIT 12.1

 Exhibit 12.01: Ratio of earning (loss) to fixed charges


<TABLE>
<CAPTION>

                                                         Nine Months                Year Ending
                                        Year Ending        Ending      ---------------------------------------------
                                        December 31,     December 31,    December 31,    December 31,   December 31,
                                            1998            1999            2000            2001           2002
                                        ------------   -------------   -------------   -------------   -------------
<S>                                     <C>             <C>             <C>            <C>             <C>
Earnings:

    Income (loss) from continuing
        operations before taxes               3,055          11,182          (6,801)        (13,402)         (7,243)
    (Income) loss from equity investees           -               -               -               -               -
    Fixed Charges                             6,509          27,268          43,569          39,543          34,525
                                        ------------   -------------   -------------   -------------   -------------
                                              9,564          38,450          36,768          26,141          27,282

Fixed charges:

    Interest expensed                         5,489          23,150          38,001          34,895          29,303
    Interest capitalized                          -               -               -               -               -
    Amortized premiums, discounts,
        capital expenses related to
        indebtedness                            226           1,438           1,971           1,781           2,290
    Estimated interest within
        rental expense                          794           2,680           3,597           2,867           2,932
                                        ------------   -------------   -------------   -------------   -------------
           Total fixed charges                6,509          27,268          43,569          39,543          34,525

Ratio of earnings to fixed charges             1.47 x          1.41 x          0.84 x          0.66 x          0.79
                                        ============   =============   =============   =============   =============
</TABLE>
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#           Monitoring the Earth's dynamic magnetic field      

      February 9, 2008    

The mission of the U.S. Geological Survey's Geomagnetism Program is to monitor the Earth's magnetic field. Using ground-based observatories, the Program provides continuous records of magnetic field variations covering long timescales; disseminates magnetic data to various governmental, academic, and private institutions; and conducts research into the nature of geomagnetic variations for purposes of scientific understanding and hazard mitigation. The program is an integral part of the U.S. Government's National Space Weather Program (NSWP), which also includes programs in the National Aeronautics and Space Administration (NASA), the Department of Defense (DOD), the National Oceanic and Atmospheric Administration (NOAA), and the National Science Foundation (NSF). The NSWP works to provide timely, accurate, and reliable space weather warnings, observations, specifications, and forecasts, and its work is important for the U.S. economy and national security.

Please visit the National Geomagnetism Program?s website, http://geomag.usgs.gov, where you can learn more about the Program and the science of geomagnetism. You can find additional related information at the Intermagnet website, http://www.intermagnet.org.

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#### Geologic Hazards Science Center

1711 Illinois St.Golden, CO80401United States

303-273-8500

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EXHIBIT 99.2



Certification of Vice President, Finance
and Operations Pursuant to

18 U.S.C. Section 1350, as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002





I, M. Brinkley Morse, 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 Quest Software, Inc. on Form 10-K for the year ended December 31, 2002, 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 Report fairly presents, in all material respects, the financial condition and results of operations of Quest Software, Inc.





By:

/s/    M. BRINKLEY MORSEName:    M. Brinkley Morse Title:      Vice President, Finance and Operations






A signed original of this written statement required by Section 906 has been provided to Quest Software, Inc. and will be retained by
Quest Software, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 21

- 1018

_____________________________ G ERLMY J AVON T ODD , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Alachua County

. William E. Davis , Judge

. September 8, 2022

P ER C URIAM

.
A FFIRMED

.
L EWIS , T ANENBAUM , and L ONG , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Jessica J. Yeary, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee
, for Appellant.

Ashley Moody, Attorney General, and Daren L. Shippy, Assistant Attorney General, Tallahassee
, for Appellee.
OHIO LEGACY CORP**EXHIBIT 31.1****CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**I, D. Michael Kramer, certify that:1. I have reviewed this quarterly report on Form 10-QSB of Ohio Legacy Corp;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presentedin this report;4. The small business issuer’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined inExchange Act Rules 13a-15(f) and 15d-15(f)) for the small business issuer 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 small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;  (b) Evaluated the effectiveness of the small business issuer’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  (c) Disclosed in this report any change in the small business issuer’s internal controlover financial reporting that occurred during the small business issuer’s most recentfiscal quarter (the small business issuer’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materially affect, thesmall business issuer’s internal control over financial reporting; and5. The small business issuer’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small businessissuer’s auditors and the audit committee of the small business issuer’s board of directors(or persons performing 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 small business issuer’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the small business issuer’s internal control over financialreporting.Date: May 15, 2007          By: /s/ D. Michael Kramer D. Michael Kramer    President, Chief Executive Officer and acting Chief Financial Officer  
23.