alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Ontario N. GARRISON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-3054

District Court of Appeal of Florida, Fifth District.

Decision filed August 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Randy WALKER, Appellant, v. STATE of Florida, Appellee.

No. 1D16-3396

District Court of Appeal of Florida, First District.

September 26, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**Exhibit 99.4**

 

**Certification ofChief Financial Officer Pursuant to Section 906 of Sarbanes-Oxley Act of 2002**

 

I, Timothy R. Horne, the ChiefFinancial Officer of Dover Downs Gaming & Entertainment, Inc. (the“Company”), hereby certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)          theAnnual Report on Form 10-K of the Company for the year ended December 31, 2002(the “Form 10-K”), fully complies with requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

(2)          theinformation contained in the Form 10-K fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

 

Dated: March13, 2003

 

 
| /s/                            | Timothy R. Horne |   |
|--------------------------------|------------------|--------|
| Timothy R. Horne               |
| Sr. Vice President-Finance and |
| Chief Financial Officer        |

 

----
STATE of Louisiana v. Louis SMITH

NO. 2018-KH-0927

Supreme Court of Louisiana.

September 21, 2018

WRIT NOT CONSIDERED. Petitioner has not demonstrated that petitioner sought review in the court(s) below before filing in this Court nor shown the "extraordinary circumstances" that would justify bypassing that level of review. La.S.Ct.R. X § 5(b).
Robert PASCALE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1520

District Court of Appeal of Florida, Fifth District.

Decision filed August 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
**Exhibit
      32**




**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 NDS Group plc on Form 10-Q for the
      fiscal quarter ended September 30, 2006, as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), we, the undersigned
      officers of NDS Group plc, certify, pursuant to 18 U.S.C. §1350, as adopted
      pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of our
      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 NDS Group plc.




October
      31, 2006


By:
            /s/ Abraham PeledAbraham
              PeledChairman
              and Chief Executive Officer




By:
            /s/ Alexander GershAlexander
              GershChief
              Financial Officer






E-4
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7912

TONY NICHOLSON,

Plaintiff - Appellant,

versus

J. D. NETHERLAND, Warden; B. L. EARLY, Major;

A. LEA, Sergeant/Investigator,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge.

(CA-95-692-3)

Submitted: March 21, 1996 Decided: April 10, 1996

Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Tony Nicholson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order dismissing his

42 U.S.C. § 1983 (1988) complaint. The district court assessed a

filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th

Cir. 1981), cert. denied, 454 U.S. 1153 (1982), and dismissed the

case without prejudice when Appellant failed to comply with the fee

order. Finding no abuse of discretion, we deny leave to proceed in

forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid

the decisional process.

DISMISSED
Lee BROOK, Appellant, v. TARGET CORPORATION, Appellee.

No. 3D17-877

District Court of Appeal of Florida, Third District.

Opinion filed August 8, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
STATE EX REL. Carl J. DAVIS, Jr. v. STATE of Louisiana

No. 2017-KH-1092

Supreme Court of Louisiana.

September 14, 2018

PER CURIAM:

Denied. Relator fails to show that the state withheld material exculpatory evidence in violation of *Brady v. Maryland* , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). As to his remaining claim, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
## Breadcrumb

-  Home 

# Explore Search: Cascading Hazards

Filters

              - science_education(1)
              - science_faqs(11)
              - science_science(46)
              - products_data(5)
              - products_maps(3)
              - products_publications(63)
              - products_web_tools(1)
              - multimedia_audio(6)
              - multimedia_audio-141766(6)
              - multimedia_before_after(1)
              - multimedia_image(127)
              - multimedia_image-141771(119)
              - multimedia_image-141773(1)
              - multimedia_image-141774(1)
              - multimedia_image-141775(6)
              - multimedia_slideshow(1)
              - multimedia_video(112)
              - multimedia_video-149194(43)
              - multimedia_video-149195(29)
              - multimedia_video-149196(1)
              - multimedia_video-149197(2)
              - multimedia_video-149198(31)
              - multimedia_video-149225(2)
              - multimedia_webcam(1)
              - multimedia_webcam-141786(1)
              - news_news-149245(5)
              - (-)news_news-149248(1)
              - news_news-149250(3)
              - news_other_news(9)
              - connect_locations(1)
              - connect_social_media(1)
              - connect_staff_profiles(32)
              - other_basic-42(5)

## By Location

              - arizona(1)
              - california(1)
              - colorado(1)
              - montana(1)
              - nevada(1)
              - utah(1)
              - wyoming(1)

## By Year

National News Release        February 26, 2024        USGS provides easy access to Colorado River science with new online portal
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350AS ADDED BYSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report on Form 10-Q of Fidelity D & D Bancorp, Inc. (the “Company”) for the period ended September 30, 2006, as filed with the Securities and Exchange Commission (the “Report”), I, Salvatore R. DeFrancesco, Jr.,****Treasurer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as added by § 906 of the Sarbanes-Oxley Act of 2002, that:

1.               The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

2.               To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the period covered by the Report.
| Date: November 7, 2006 |   | By:    | /s/ Salvatore R. DeFrancesco, Jr.                        |   |
|------------------------|--------|--------|----------------------------------------------------------|--------|
|                   |   |   | Salvatore R. DeFrancesco, Jr.,                           |
|                   |   |   |    Treasurer and Chief Financial  Officer |
|                        |        |        |                                                          |        |  |

 

----
EXHIBIT 99.1

THE BANK OF NEW YORK MELLON

Officers
Certificate

---

March 6, 2009

MERRILL LYNCH DEPOSITOR, INC. North
Tower, 7th Floor 4 World Financial Center New York, New York 10080

PREFERREDPLUS, PPLUS
TRUST AND INDEXPLUS CERTIFICATE

The undersigned, Joseph Panepinto,
Vice President of The Bank of New York Mellon (formerly The Bank of New York), a New York corporation (the Trustee),
hereby certifies in such capacity that, based on his knowledge, the Trustee has complied,
in all material respects, with all conditions and covenants applicable to the Trustee
under the Standard Terms for Trust Agreements dated February 20,1998 between Merrill
Lynch Depositor, Inc. as depositor (the Depositor) and the Trustee, as
successor to United States Trust Company of New York, as trustee and securities
intermediary (the Securities Intermediary), in each case as amended by a
series supplement between the Depositor, the Trustee and the Securities Intermediary for
each trust series listed in the attached schedule with the exception of the items identified below:

- With respect to the PPLUS Trust Series JPM-1 distribution on June 16, 2008, the amount of interest to be paid by the Trust was calculated incorrectly.  As such, on September 25, 2008, BNY corrected this error and a revised 8-K was filed on October 6, 2008.
- With respect to the PreferredPLUS Trust Series GEC-1, the September 15, 2008 Exhibit 99.1 within the Form 8-K incorrectly referenced the March 17, 2008 distribution date. On March 5, 2009 a revised 8-K was filed to reflect the correct distribution date.

| | Very
truly yours,
| | -----------------

| | The Bank of New York Mellon (formerly

      The Bank of New York), as Trustee
| | ------------------------------------------------------------------------------

| | By:
/s/ Joseph Panepinto
      Name:
Joseph Panepinto                                                            
         Title:
Vice President
| | ------------------------------------------------------------------------------------------------------------------------------------------------

| |  | 
| |  | 

---

SCHEDULE

INDEXPLUS Trust Series 2003-1
   PPLUS
Trust Series CMT-1 
  PPLUS Trust Series CSF-1 
  PPLUS Trust Series
DCNA-1
   PPLUS Trust Series FMC-1 
  PPLUS Trust Series GSC-1 
  PPLUS Trust Series GSC-2 
  PPLUS Trust Series GSG-1 
  PPLUS Trust Series GSG-2 
  PPLUS Trust Series
JPM-1 
  PPLUS Trust Series LMG-3
   PPLUS Trust Series PMC-1
   PPLUS Trust Series SPR-1 
  PPLUS
Trust Series TWC-1
   PPLUS Trust Series VAL-1 
  PreferredPLUS Trust Series ALL-1
PreferredPLUS Trust Series CCR-1 
  PreferredPLUS Trust Series CTR-1
PreferredPLUS Trust Series CZN-1
   PreferredPLUS Trust Series ELP-1
   PreferredPLUS Trust
Series FAR-1 
  PreferredPLUS Trust Series FRD-1 
  PreferredPLUS Trust Series GEC-1
PreferredPLUS Trust Series GRC-1
   PreferredPLUS Trust Series LMG-1
   PreferredPLUS Trust
Series LMG-2 
  PreferredPLUS Trust Series QWS-1 
  PreferredPLUS Trust Series QWS-2 
  PreferredPLUS Trust
Series UPC-1 
  PreferredPLUS Trust Series VER-1

| |  | 
| |  | 

---
1 ... T h i s pr oce edi n g ar i s es ou t of Cau s e N o. 2008- PA
- 01700, s t y l ed I n t he I nt er es t of

R. J. S. , f iled in the 2 2 4 th Ju d i cial D i st rict C o urt, B ex ar C o un t y, T ex as.

2 ... T h i s proc ee di n g a r i s es ou t of Cau s e N o. 2008- PA
- 01700, s t y l ed I n t he I nt er es t of

R. J. S. , fil e d in th e 2 2 4 th J u d ic ia l D istric t C o u rt, B e x a r C o u n ty, T e x a s. 

### i i i i i i



# MEM ORA ND UM OP INION No . 0 4- 08 -0 08 93 -C V IN RE M IC HA EL SW ITZ ER , Orig inal Mandamus Proce eding 1 

## No . 0 4- 08 -0 09 01 -C V IN RE LISASWI TZ ER , Orig inal Mandamus Proce eding 2 

## PER C URI AM Sitt ing: Catherine Stone, Chief Justice

Sandee B ry an Mar ion, J ustice Phy lis J . Speedlin, J ustice Deliver ed and F iled: J anuar y 28, 2009 PETI TI ONS FOR WRI T OF MANDAMUS DEN I ED Relators have filed petitions for wr it of mandamus. This court has deter mined that rela tors
are not e ntitled to the relief soug ht. T here fore , the petitions are D ENI ED. T EX 

## . R. A PP 

## . P. 52.8(a).

PER C URI AM
Exhibit 99.1        Officer's Certificate regarding Annual Statement of
                    Compliance of Washington Mutual Mortgage Securities Corp.

                   WASHINGTON MUTUAL MORTGAGE SECURITIES CORP.
                              OFFICER'S CERTIFICATE

     The undersigned  officer of Washington Mutual Mortgage  Securities Corp., a
Delaware  corporation (the "Company")  hereby certifies on behalf of the Company
and  on  his  own  behalf  for  purposes  of  the  WAMU  MORTGAGE   PASS-THROUGH
CERTIFICATES, SERIES 2001-AR4, as follows:

     1. I am the duly appointed, qualified and acting President of the Company.

     2. Capitalized terms used and not defined herein shall have the meanings
ascribed to such terms in the Pooling and Servicing Agreement related to the
above-referenced series of Certificates.

     3. I am duly authorized to execute and deliver this Officer's Certificate
on behalf of the Company.

     4. A review of the activities of the Master Servicer during the preceding
calendar year and performance under this Agreement has been made under my
supervision.

     5. To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all its obligations under the Agreement throughout such year.

     IN WITNESS WHEREOF, I have signed my name as of March 15, 2004.





                   WASHINGTON MUTUAL MORTGAGE SECURITIES CORP.


                     By: /s/ Michael L. Parker
                         Michael L. Parker,
                         President and Director
Anthony Brian BEVAN, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-533

District Court of Appeal of Florida, Second District.

Opinion filed June 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 24, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-60551

Summary Calendar

 

LEON W. LAW,

Plaintiff-Appellant,

versus

ROBERT JOHNSON, COMMISSIONER, MISSISSIPPI 

DEPARTMENT OF CORRECTIONS; LAWRENCE KELLY,

Superintendent, CMCF; ROBERT CULPEPPER, Director 

of Medical Services; DAVID CARLSON, Attending

Physician; AHMED ZEIN, Attending Physician,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 3:02-CV-411-BN

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

Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Leon W. Law, Mississippi state prisoner # 088550, has filed

a motion for leave to proceed in forma pauperis (“IFP”) on appeal

following the magistrate judge’s entry of an Agreed Judgment and

the voluntary dismissal with prejudice of all remaining 42 U.S.C.

§ 1983 claims against the defendants. 
No. 03-60551

-2-

By moving for IFP status, Law is challenging the district

court’s certification that IFP status should not be granted on

appeal because his appeal is not taken in good faith. See Baugh

v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Law has failed to show that his appeal from the Agreed

Judgment was taken in good faith. As the Agreed Judgment simply

reflects the agreement of the parties, there was no ruling by he

magistrate judge from which to appeal. Nor has Law filed a

timely notice of appeal from any of the magistrate judge’s

rulings as they pertain to Law’s attempts to enforce the Agreed

Judgment. His request for IFP status is DENIED. See Baugh, 117

F.3d at 202. Furthermore, because the appeal is frivolous, it is

DISMISSED. See 5TH CIR. R. 42.2.

Law’s motions for the production of documents and for the

appointment of counsel are also DENIED.

MOTIONS DENIED; APPEAL DISMISSED.
Exhibit 32.1



Written Statement of Chief Executive Officer

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



The undersigned, the Chief Executive Officer of Partners Trust Financial Group, Inc. (the "Company"), hereby certifies that to his knowledge on the date hereof:



(a)	the Form 10-K of the Company for the Annual Period Ended December 31, 2004, filed on the date hereof with the Securities and Exchange Commission (the "Report"), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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



/s/ John A. Zawadzki John A. Zawadzki 
President and Chief Executive Officer
Date:   March 1, 2005



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 Partners Trust Financial Group, Inc. and will be retained by Partners Trust Financial Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, David Grasch, 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 quarterly report on Form 10-QSB/A of id-Confirm, Inc. for the period ended March 31, 2006 (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 id-Confirm, Inc.
| Date: | February 14, 2007 |
|-------|-------------------|

/s/ David Grasch                                              

David Grasch

Chief Executive Officer 

(Principal Executive Officer)
i i i i i i



### MEM ORA ND UM OP INION No

. 04 -1 0- 00 09 5- CR Wesley H. LEIF ESTE , Appellant

v . The STA TE of Texas, Appellee Fr om the 198th J udicial District Court, Mason County , Texas

Trial Court No. 84548 Honora ble Stephen B . Ables, Judge Pre siding PER C URI AM Sitt ing: Catherine Stone, Chief Justice

Steven C. Hilbig, Just ice Marialy n Ba rnar d, J ustice Deliver ed and F iled: April 14, 2010 DI SMI SSED FOR L ACK OF J URI SDI CTI ON A jury found Wesley

H. L eife ste g uilty of driving while intox icated. On Octobe r 28, 2009, in open cour

t, the trial court se ntence d L eife ste to 180 day s in ja il a nd a $1,000 fine, then suspe nded the jail term an d p lace d L eife ste on community supervision for twe lve months. L eife ste rec eived the terms and c onditions of his communi ty supervision the same da

y . L eife ste filed a timely motion for new tria l. The dea dline for f iling a notice of appe al was there fore J anuar

y 26, 2010, “90 day s after the day sentenc e [was] . . . suspen ded in open c ourt.”04

- 10

- 00 09 5- CR

- 2- T EX . R. A PP . P. 26.2(a) (2). A notice of appea l w as not f iled until F ebrua

ry 1, 2010. L eife ste did not file a motion for e x tension of time to file the notice of appea l. See T EX . R. A PP . P. 26.3. B e c a us e the no tic e of

a pp e a l in thi s c a se a

pp e a re d to be un tim e ly , we o rd e re d L e if e ste to show ca use why the appe al shou l d n ot be dismissed for wa nt of jurisdiction. L eife ste filed a response in which he c ontends the notice of appea l w as timely filed bec ause the appellate timeline did not beg in to run until either November 2, 2009 (the date the judg ment was sig ned) or November 5, 2009 (the da te the judg ment was filed of rec ord). W e dis ag ree . The star ting point for c alculating the timeliness of the notice of appea l in a def

endant’ s direct a

ppeal f rom a judg ment of convic tion is “ the day

the sentenc e is imposed or suspende d in open cour t,” not the day

the judg ment was sig ned or filed. See T EX . R. A PP . P. 26 .2 (a ); Ro da rte v . S tat e , 860 S.W .2d 108, 109-10 (Te x . Crim. App. 19 93 ); O’ Con ne r v . S

tat e , 266 S.W .3d 575 (Tex. App.—Amarillo 2008, pet. re f’d)

. This court does not have jurisdiction to consider an appe al that was not timely filed. Slaton

v . S tat e , 981 S.W. 2d 20 8, 21 0 (T e x. Cr im. Ap p. 19 98 ); Ol iv o v . S tat e , 9 1 8 S. W. 2 d

5 1 9 , 5 2 2 ( T e x. Crim. App. 1996). Acc ording ly , we dismiss this appeal for w ant of jurisdiction. PER C URI AM Do no t pu bli sh
STATE of Louisiana v. Teddy CHESTER

NO. 2018-KK-1565

Supreme Court of Louisiana.

September 28, 2018

*On Supervisory Writs to the Twenty-Fourth Judicial District Court, Parish of Jefferson*

PER CURIAM

*897Writ granted; stay lifted.

The defendant seeks to introduce evidence of diminished capacity, intellectual disability, and/or mental defect for the limited purpose of challenging the voluntariness of a confession. In **State v. Doyle** , 2011-597p. 1 (La. 3/23/11), 56 So.3d 948, 949 we ruled that a "defendant may introduce evidence of mental retardation, defect, and/or diminished capacity at the guilt stage of trial as part of the circumstances surrounding the making of a confession for jurors to consider in determining the weight or probative value given the statement." This limited purpose stands in contrast to introducing such evidence on the issue of guilt or innocence. *See generally* , La. C.Cr.P. art. 651 ("When a defendant is tried upon a plea of 'not guilty,' evidence of insanity or mental defect at the time of the offense shall not be admissible."). Thus, the district court abused its discretion in excluding evidence of defendant's diminished capacity, intellectual disability, and/or mental defect for the limited purpose of challenging the voluntariness of any confessions. On remand, the district court may consider appropriate instructions to clarify the limited purpose for which such evidence is to be introduced and considered.

Clark, J., would deny.

Guidry J. & Crichton, J., recused.
##### 



Exhibit 13.2 CERTIFICATION OF ANDREAS ZDRENYK, CHIEF FINANCIAL OFFICER OF CONVERIUM
HOLDING AG, PURSUANT TO SECTION 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 Converium Holding AG (the Company) on Form 20-F for the
period ending December 31, 2004, as filed with the Securities and Exchange Commission on the date
here of (the Report), the undersigned hereby certifies that to the best of my knowledge:  1.

The Report fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934; and2.

The information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company. Date: June  , 2005 By:
    /s/ Andreas ZdrenykAndreas ZdrenykChief Financial Officer, Converium Holding AG