alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ORDER CONSOLIDATING CAUSES

 PAGE 1

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0266

IN THE MATTER OF 

K.P. and K.P.,

Youths in Need of Care.

ORDER 

Upon consideration of Appellant Mother’s Motion to Consolidate, and 

good cause appearing therefore, Appellant’s motion is GRANTED and 

Cause Nos. DA 23-0266 and DA 23-0267 are hereby consolidated under 

Cause No. DA 23-0266 and captioned as above.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

August 9 2023

08/09/2023
Exhibit 32.1

Certification of Principal Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. Section 1350)

In connection with the Quarterly Report on Form 10-Q for the quarter ended June 30, 2009 (the
Report) of UTEK Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Douglas Schaedler, the Principal Executive Officer of the Registrant, hereby certify, to the best of my
knowledge, 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 the
Registrant.



|                       
|-----------------------
|/s/ Douglas Schaedler  
|Name: Douglas Schaedler
|Date: August 10, 2009
**Exhibit 32.1**

 

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

 

John B. Carrington, Chief Executive Officer of Websense, Inc., herebycertifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that, to the best of hisknowledge:

 

1.               The Quarterly Report on Form 10-Q ofWebsense, Inc. for the quarterly period ended March 31, 2004 fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended.

 

2.               The information contained in theQuarterly Report on Form 10-Q of Websense, Inc. for the quarterly period endedMarch 31, 2004 fairly presents, in all material respects, the financialcondition and results of operations of Websense, Inc. for the period covered bythe Quarterly Report.

 

Dated:  May 7, 2004

 
|   | By:    | /s/ JOHN B. CARRINGTON  |   |
|--------|--------|-------------------------|--------|
|   |   | John B. Carrington      |
|   |   | Chief Executive Officer |

 

*A signed original of this written statementrequired by Section 906 has been provided to Websense, Inc. and will beretained by Websense, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request. This written statement accompanies the Form 10-Q to which it relates, isnot deemed filed with the Securities and Exchange Commission, and is notincorporated by reference into any filing of the Company under the SecuritiesAct of 1933 or the Securities Exchange Act of 1934, irrespective of any generalincorporation language contained in such filing.

 

----
##### 



EXHIBIT 31.1
 CERTIFICATION
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      (a)
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known to
us by others within those entities, particularly during the period in
which this report is being prepared;(b)
    
    Evaluated the effectiveness of the registrants disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; and(c)
    
    Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in
the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal
control over financial reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to
record, process, summarize and report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal
control over financial reporting.
  By:
    
    /s/ John E. Jackson

Name: John E. JacksonTitle: Chief Executive Officer andPresident(Principal Executive Officer)
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Kelvin FRAZIER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-3322, 2D15-5244

District Court of Appeal of Florida, Second District.

August 23, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Alison Nicole WILLIAMS v. STATE of Mississippi

2016-CT-01047-COA

Supreme Court of Mississippi.

Filed: June 25, 2018 Closed: September 6, 2018

Motion Desc: Writ of Certiorari with Appendices.

Certiorari - Denied.
Stephen Todd BOOKER, Appellant, v. STATE of Florida, Appellee.

No. SC18-541

Supreme Court of Florida.

August 30, 2018

Billy H. Nolas, Chief, Capital Habeas Unit, Office of the Federal Public Defender, Northern District of Florida, Tallahassee, Florida, and Ann Finnell of Finnell, McGuinness, Nezami & Andux, P.A., Jacksonville, Florida, for Appellant

Pamela Jo Bondi, Attorney General, and Lisa A. Hopkins, Assistant Attorney General, Tallahassee, Florida, for Appellee

PER CURIAM.

We have for review Stephen Todd Booker's appeal of the circuit court's order denying Booker's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. *See* art. V, § 3(b)(1), Fla. Const.

Booker's motion sought relief pursuant to the United States Supreme Court's decision in *Hurst v. Florida* , --- U.S. ----, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and our decision on remand in *Hurst v. State* (*Hurst* ), 202 So.3d 40 (Fla. 2016), *cert. denied* , --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). Booker responded to this Court's order to show cause arguing why *Hitchcock v. State* , 226 So.3d 216 (Fla. 2017), *cert. denied* , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), should not be dispositive in this case.

After reviewing Booker's response to the order to show cause, as well as the State's arguments in reply, we conclude that our prior denial of Booker's petition for a writ of habeas corpus raising similar claims is a procedural bar to the claims at issue in this appeal. All of Booker's claims depend upon the retroactive application of *Hurst* , to which we have held he is not entitled. *See**Booker v. Jones* , 235 So.3d 298, 299 (Fla. 2018) ; *Hitchcock* , 226 So.3d at 217. Accordingly, we affirm the denial of Booker's motion.

The Court having carefully considered all arguments raised by Booker, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.

PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.

CANADY, C.J., concurs in result.
Paul OSBORNE, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-86

District Court of Appeal of Florida, Second District.

Opinion filed August 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
John W. JACKSON, II, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2790

District Court of Appeal of Florida, Second District.

August 13, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
Edward Benjamin COOK, DOC #T55483, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3867

District Court of Appeal of Florida, Second District.

Opinion filed June 15, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 1992** 

BRAD R. JOHNSON; ELCI WIJAYANINGSIH , Plaintiffs

- Appellants ,

v.
ABBY POPE; ELIZABETH BILETH; WINFORD BARR; THOMAS G. WALKER; JONATHAN D. CARROLL; UNITED STATES OF AMERICA , Defendants

- Appellees

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Wilmington

. Terrence W. Boyle , District Judge. ( 7:13

- cv - 00078

- BO )

Submitted : February 25, 2016 Decided: March 8, 2016

Before MOTZ, DUNCAN, and AGEE , Circuit Judges.

Affirmed by un published per curiam opinion

.
Brad Johnson, Elci Wijayaningsih, Appellants Pro Se. Lee Perla , Paul Andrew Allulis, Richard Farber, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Brad R. Johnson and Elci Wijayaningsih appeal the district

court ’ s o rder and judgment granting summary judgment to the Appellees and dismissing their 26 U.S.C. § 7422 (2012) action seeking to recover an alleged overpayment of taxes. We have reviewed the record and find no reversible error. Accordingly,
we affirm for the reasons stated by the district court.
Johnson v. Pope , No. 7:13

- cv - 00078

- BO (E.D.N.C. July 31, 2015). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before
th is court and argument would no t aid the decisional process.

AFFIRMED
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




I, Kevin
P. Connors, 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 Cutera, Inc. on Form 10-K for the fiscal year ended December 31,
2009 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 Annual
Report on Form 10-K fairly presents in all material respects the financial
condition and results of operations of Cutera, Inc.





Date:
      March 15, 2010
            
            
            
            By:
            
            /s/
      Kevin P. ConnorsKevin
      P. Connors
              President,
      Chief Executive Officer and Director
              (Principal
      Executive Officer)




I, Ronald
J. Santilli, 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 Cutera, Inc. on Form 10-K for the fiscal year ended December 31,
2009 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 Annual
Report on Form 10-K fairly presents in all material respects the financial
condition and results of operations of Cutera, Inc.





Date:
      March 15, 2010
            
            
            
            By:
            
            /s/
      Ronald J. SantilliRonald
      J. Santilli
              Chief
      Financial Officer and Executive Vice President
              (Principal
      Financial and Accounting Officer)
Kernel D. DUNCAN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D16-2653

District Court of Appeal of Florida, Fifth District.

Decision filed July 24, 2018 Rehearing Denied August 30, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
CITIZENS PROPERTY INSURANCE CORPORATION, Appellant(s)/Petitioner(s), v. Amhed MERINO, Appellee(s)/Respondent(s),

CASE NO.: 3D17-0803

District Court of Appeal of Florida, Third District.

JULY 25, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
STATE EX REL. Curtis A. KEIL v. STATE of Louisiana

No. 17-KH-0312

Supreme Court of Louisiana.

August 3, 2018

**ON SUPERVISORY WRITS TO THE TWENTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF WASHINGTON**

PER CURIAM:

Denied. Relator fails to show that he received ineffective assistance of counsel under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to his remaining claims, relator fails to carry his post-conviction burden of proof. La.C.Cr.P. art. 930.2. Additionally, the remaining claims are repetitive. La.C.Cr.P. art. 930.4.

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.
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Fabrizio Alberto Mendoza ISEA, Appellant(s)/Petitioner(s), v. COASTER BOAT, LLC, et al., Appellee(s)/Respondent(s).

CASE NO.: 3D17-2215

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STATE EX REL. Victor DURDEN v. STATE of Louisiana

NO. 2017-KH-0858

Supreme Court of Louisiana.

September 28, 2018

Denied. Relator has previously exhausted his right to state collateral review. State ex rel. Durden v. State, 15-1615 (La. 9/16/16), 201 So.3d 241.

CRICHTON, J., recused.
Water Quality Standards Regulatory Revisions Rulemaking

MEMORANDUM TO RECORD SUBJECT: Meeting with State-EPA Roundtable DATE: Tuesday, April 1, 2014 TIME: Noon – 1:30 PM (Eastern)
Participants: EPA – Sara Hisel-McCoy, Shari Barash, Manjali Vlcan, Janita Aguirre, Christina Christensen, Heather Goss, Gary Russo, Rosaura Conde, Ruth Chemerys, David Hair, Heidi Nalven, Glynis Hill, Ellen Weitzler, Wayne Jackson, Cheryl Atkinson, Lauren Petter, Lisa Perras-Gordon, David Pfeifer, Russell Nelson, Ann Lavaty, Dave Moon, Terrence Fleming, Phillip Woods, William Beckwith ACWA/States – Melissa McCoy (ACWA), Gerry Szal (Massachusetts), Scott Stoner (New York), Alex Barron (Virginia), Martha Clark Mettler (Indiana), Jason Childress (Oklahoma), Mike Tate (Kansas), Tom Stiles (Kansas), Lindsay Patterson (Wyoming), Deb Smith (California), Nancy Sonafrank (Alaska), Susan Braley (Washington) Summary of Meeting: Participants discussed the status of the Water Quality Standards Regulatory Revisions Rulemaking and discussed options derived from public comments received for Antidegradation. Agenda TOPIC TIME LEAD_________ _ 1. Roll Call 10 min Aguirre 2. Status of Rulemaking 15 min Aguirre 3. Antidegradation 40 min Goss 4. Questions & Answers 20 min Roundtable 5. Reminders for next Roundtable meeting 5 min Aguirre
Michael GEORGE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1571

District Court of Appeal of Florida, Fifth District.

Decision filed August 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Kenneth JACKMAN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2004

District Court of Appeal of Florida, Fifth District.

Decision filed August 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
EXHIBIT
32.1





CERTIFICATION


Pursuant
to 18 U.S.C. 1350


(Section
302 of the Sarbanes-Oxley Act of 2002)





In
connection with the Annual Report on Form 10-K of Neah Power Systems, Inc.
(the “Company”) for the year ended September 30, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), Gerard C.
D’Couto, Chief Executive Officer, hereby certifies, 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;
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:      February
      13, 2009
                By:
                /s/
      GERARD  C. D’COUTOGerard
      C. D’CoutoChief
      Executive Officer





This
certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of §18 of the
Securities Exchange Act of 1934, as amended.





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.
STATE of Louisiana v. Zachary D. MOSLEY

NO. 2018-KH-1013

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).
Dushun Devon ROBINSON, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3016

District Court of Appeal of Florida, Second District.

Opinion filed August 17, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

SABAL CHASE HARMONY HOUSING LLC d/b/a SABAL CHASE APTS. , Appellant,

v.

TOKIO MARINE SPECIALTY INSURANCE COMPANY , Appellee

.

No. 4D 18

- 2107

[ January 31 , 2019 ]

Appeal of a non

- final order from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County ; Janet Croom , Judge; L.T. Case No. 56

- 2018

- CA

- 000355AXXHC

.
Stephen A. Marino, Jr. and Arya Attari Li of Ver Ploeg & Lumpkin, P.A., Miami, for appellant.

Elizabeth K. Russo and Paulo R. Lima of the Russo Appellate Firm, P.A., Miami; and Simon, Reed & Salazar, P.A., Miami, for appellee.

P ER C URIAM

.
Affirmed.

G ERBER , C.J.

, D AMOORGIAN and C IKLIN , JJ., concur

.

* * *

Not final until disposition of timely filed motion for rehearing.