alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 10/13/15 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2015 ND 240

State of North Dakota, Plaintiff and Appellee

v.

Deidra Berg, a/k/a Deidra Taraba, Defendant and Appellant

No. 20150076

Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable Dann E. Greenwood, Judge.

AFFIRMED.

Per Curiam.

Rhonda R. Ehlis, Assistant State’s Attorney, 51 Third Street East, Suite 202, Dickinson, N.D. 58601, for plaintiff and appellee; on brief.

Matthew J. Arthurs, 220 North Fourth Street, Bismarck, N.D. 58501, for defendant and appellant; on brief.

State v. Berg

No. 20150076

Per Curiam.

[¶1]Deidra Berg appeals from a district court order for revocation of probation and amended criminal judgment sentencing her to two years of incarceration.  She argues the district court abused its discretion because its two-year sentence was unreasonable since she had already served time in prison.  We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7).  See State v. Wardner, 2006 ND 256, ¶ 11, 725 N.W.2d 215 (quoting Davis v. State, 2001 ND 85, ¶ 11, 625 N.W.2d 855 (“‘Under N.D.C.C. § 12.1-32-07(6), a trial court is authorized to resentence a defendant who violates a condition of probation to any sentence that was initially available . . . .’”)).  See also Wardner at ¶ 27 (quoting State v. Ennis, 464 N.W.2d 378, 382 (N.D. 1990) (“[A]ppellate review of the sentence itself focuses only on whether the district court ‘acted within the limits prescribed by statute, or substantially relied on an impermissible factor.’”)).

[¶2]Gerald W. VandeWalle, C.J.

Dale V. Sandstrom

Daniel J. Crothers

Lisa Fair McEvers

Carol Ronning Kapsner
D.M., a Child, Appellant, v. STATE of Florida, Appellee.

No. 4D17-2226

District Court of Appeal of Florida, Fourth District.

[November 15, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Jody GASPARD, et al. v. Marvin HUTSON, Brian Dauzat Trucking, LLC, QBE Specialty Insurance, Helena Chemical Company and ABC Insurance Company

No. 2018-CC-1424

Supreme Court of Louisiana.

December 3, 2018

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF POINTE COUPEE

PER CURIAM

*663Granted. The district court did not err in finding there were genuine issues of material fact in this case. Accordingly, the judgment of the court of appeal is reversed, and the judgment of the district court denying the motion for summary judgment is reinstated. The case is remanded to the district court for further proceedings.

Weimer, J., would deny.

Guidry, J., would deny.
No. 85-6836.

#### Gutierrez *v.*Office of Personnel Management.

C. A. Fed. Cir. Motion of petitioner for leave to proceed *in forma pauperis*denied. Petitioner is allowed until June 30, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Brennan, Justice Marshall, Justice Blackmun, and Justice Stevens,

dissenting.

For the reasons expressed in *Brown*v. *Herald Co.,*464 U. S. 928 (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed *in forma pauperis.*
Roger GARDEN, Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-4977

District Court of Appeal of Florida, Second District.

Opinion filed October 26, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
#### Elmer F. KELM, U. S. Collector of Internal Revenue for the District of Minnesota, Appellant, v. William R. VAN SLYKE, Jr., as Administrator c. t. a. of the Estate of William R. Van Slyke, Deceased, and Frances B. Van Slyke.

No. 14803.

United States Court of Appeals Eighth Circuit.

April 27, 1953.

George MacKinnon, U. S. Atty., and Alex Dim, Asst. U. S. Atty., Minneapolis, Minn., for appellant.

Morgan, Headley, Raudenbush & Morgan, St. Paul, Minn., for appellees.

PER CURIAM.

Appeal from District Court, 107 F.Supp. 229, dismissed without taxation of costs in favor of either of the parties in this Court, on stipulation of parties.

*693I
Tina LALONDE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1294

District Court of Appeal of Florida, Fifth District.

Decision filed October 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Richard E. HARRIS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1762

District Court of Appeal of Florida, Fifth District.

Opinion filed November 2, 2018

Richard E. Harris, Cross City, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant, Richard E. Harris, appeals a final order summarily denying his Florida Rule of Criminal Procedure 3.850 motion and an order denying his motion to amend *154his claims. We affirm in part, reverse in part, and remand for further proceedings.

In his motion, Appellant alleged, among other claims: (1) that his counsel suffered from a conflict of interest, (2) that his counsel was ineffective for failing to investigate several inconsistencies in the testimony of a key *Williams*1 rule witness when compared to the physical evidence, and (3) cumulative error. Appellant sufficiently alleged prejudice, asserting, for instance, in ground four that the result of the trial would have been different had his counsel attacked the credibility of the State's witness with the inconsistencies.

First, although the trial court did not abuse its discretion in denying Appellant's request to raise new and untimely claims, the court did err when it denied Appellant's motion to amend his existing and timely raised claims. *See**Johnson v. State* , 247 So.3d 698, 699 (Fla. 1st DCA 2018) ; *Norris v. State* , 198 So.3d 1036, 1038 (Fla. 5th DCA 2016).

Second, we conclude that the records attached to the trial court's order do not conclusively refute Appellant's amended claims in grounds three and four.2 Therefore, we reverse the summary denial of grounds three, four, and five and remand for the circuit court to attach portions of the record that conclusively refute Appellant's amended claims or conduct an evidentiary hearing thereon.

AFFIRMED in part; REVERSED in part; REMANDED.

WALLIS, EISNAUGLE and HARRIS, JJ., concur.

1

*Williams v. State* , 110 So.2d 654 (Fla. 1959).

2

Appellant filed his proposed amended motion before the trial court denied his motion to amend.
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 Capital Reserve Canada Limited (the Company) on Form 20-F for the period ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, N. Desmond Smith, President and Principal Accounting Officer, 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 the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2)

The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







Date:  June 30, 2004

By:    /s/ N. Desmond Smith

Name: N. Desmond Smith

Title:   President (Principal Executive Officer and Principal

Accounting Officer)
I 

113TH CONGRESS 

1ST SESSION H. R. 771 

To establish requirements for oil and gas leasing of areas of the Outer 

Continental Shelf off the coast of South Carolina. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2013 

Mr. DUNCAN of South Carolina (for himself, Mr. WILSON of South Carolina, 

Mr. RICE of South Carolina, Mr. MULVANEY, Mr. BENISHEK, and Mr. 

GOWDY) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To establish requirements for oil and gas leasing of areas 

of the Outer Continental Shelf off the coast of South 

Carolina. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘South Carolina Off5 shore Drilling Act of 2013’’. 

6 SEC. 2. LEASE SALES OFF THE COAST OF SOUTH CARO7 LINA. 

8 In determining the areas off the coast of South Caro9 lina to be made available for leasing under Final Outer 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 771 IH

1 Continental Shelf Oil & Gas Leasing Program (2012– 

2 2017), the Secretary of the Interior— 

3 (1) shall act in accordance with section 

4 18(a)(2)(F) of the Outer Continental Shelf Lands 

5 Act (43 U.S.C. 1344(a)(2)(F)) and take into consid6 eration the laws, goals, and policies of the State of 

7 South Carolina; and 

8 (2) shall focus on areas considered to have the 

9 most geologically promising energy resources. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
Marlo J. WILLIAMS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-361

District Court of Appeal of Florida, Fifth District.

Decision filed November 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350**

**ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Inconnection with the annual report on Form 10-K of Little Sioux Corn Processors,L.L.C. (the “Company”) for the fiscal year ended September 30, 2006, as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Stephen Roe, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct 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.
|   |  /s/  Stephen Roe                |
|--------|---------------------------------------|
|   | Stephen Roe                           |
|   | President and Chief Executive Officer |
|   | Dated: December 29, 2006              |

 

----
##### 



EXHIBIT 23.1 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We consent to the incorporation by reference in Registration Statement Nos. 333-108362 and
333-108363 on Form S-8 of our report dated March 31, 2005 (which report expresses an unqualified
opinion and includes an explanatory paragraph relating to substantial doubt about the ability of
Brillian Corporation to continue as a going concern and an explanatory paragraph relating to the
preparation of the financial statements of Brillian Corporation from the separate records
maintained for the microdisplay business of Three-Five Systems, Inc. prior to the spin-off from
Three-Five Systems, Inc. on September 15, 2003) appearing in this Annual Report on Form 10-K of
Brillian Corporation for the year ended December 31, 2004. /s/ DELOITTE & TOUCHE LLP Phoenix, Arizona
March 31, 2005
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

In connection with the Quarterly Report of Medical International Technology, Inc. (the "Company") on Form 10-QSB for the period ending March 31, 2006, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Michel Bayouk, Secretary and Principal Accounting 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:

|(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 result of operations of the Company.
|   

|\s\
|---

|Michel Bayouk
|-------------

|Michel BayoukSecretary and Principal Accounting Officer
|-------------------------------------------------------

|May 18, 2006
|------------

---
<PAGE>
                                  EXHIBIT 32.2

                             METALINE CONTACT MINES

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

In connection with the Quarterly Report of Metaline Contact Mines (the
"Company") on Form 10-QSB for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John W.
Beasley, Secretary, Treasurer and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.



                                                 /s/   John W. Beasley
                                      By:_______________________________________
                                         John W. Beasley
                                         Secretary, Treasurer & Chief Executive
                                         Officer
                                         August 18, 2003


                              Exhibit 32.2 - Page 1
Exhibit 23.1

EX-23.1 CONSENTS OF EXPERTS AND COUNSEL

Consent of Registered Independent Public Accounting Firm

We hereby consent to the use of our Independent Registered Public Accounting Firms Report dated March 17, 2006, except for Note 1B
as to which the date is August 10, 2006, relating to the consolidated financial statements of Catcher Holdings, Inc. and Subsidiary for the year ended December 31, 2005, which appear in this Amendment No. 2 to the Form 10KSB, and into the
Companys previously filed Registration Statement on Form S-8 (File No. 333-131304).



|                              
|------------------------------
|/s/ Stonefield Josephson, Inc.
|                              
|CERTIFIED PUBLIC ACCOUNTANTS  
|                              
|Los Angeles, California       
|September 20, 2006
|   | · | Courageous Lake Prefeasibility Study dated September 5, 2012 and amended November 11, 2014 |
|--------|--------|--------------------------------------------------------------------------------------------|

|   | · | 2012 KSM (Kerr-Sulphurets-Mitchell) Prefeasibility Study dated June 22, 2012 and amended November 11, 2014 |
|--------|--------|------------------------------------------------------------------------------------------------------------|

|   | 1. | consent to the public filing of the Reports and the use of any extracts from or a summary of the Reports in the 40-F; |
|--------|----|-----------------------------------------------------------------------------------------------------------------------|

|   | 2. | consent to the use of my name and Moose Mountain Technical Services' name and references to the Reports, or portions thereof, in the 40-F and to the inclusion or incorporation by reference of information derived from the Reports in the 40-F; |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 3. | confirm that I have read the 40-F and that it fairly and accurately represents the information in the sections of the Reports for which I am responsible; and |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 4. | confirm that I have read the 40-F and have no reason to believe that there are any misrepresentations in the information contained therein that are derived from the Reports or that are within my knowledge as a result of the services performed by me in connection with the Reports. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|    |   |   Yours truly,            |
|--------------|--------|--------------------------------|
|         |   |                           |
|         |   |  /s/ James H. Gray, P.Eng |
|         |   |  James H. Gray, P.Eng.    |
```

[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Pages 102965-102966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29871]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: December 18, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby

[[Page 102966]]

gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 6, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 924 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-660, K2025-659.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-29871 Filed 12-17-24; 8:45 am]
BILLING CODE 7710-12-P
```
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 quarterly report of Build-A-Bear Workshop, Inc. (the “Company”) on Form 10-Q for the period ended April 2, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Maxine Clark, Chairman of the Board and Chief Executive Bear of the Company, certify, to the best of my knowledge, pursuant to Rule 13a-14(b) and Section 1350 of Chapter 63 of Title 18 of the United States Code, 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; 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/ Maxine ClarkMaxine Clark

Chairman of the Board and Chief Executive Bear
Build-A-Bear Workshop, Inc.
(Principal Executive Officer)
 Date: May 11, 2011
2005 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

4-21-2005

USA v. Romero

Precedential or Non-Precedential: Non-Precedential

Docket No. 02-1506

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Romero" (2005). 2005 Decisions. Paper 1330.

http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1330
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 02-1506

UNITED STATES OF AMERICA

 

v.

 

GARZON CORTES ROMERO,

 

 Appellant

ON APPEAL FROM AN ORDER OF THE UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF NEW JERSEY

(Dist. Court No. 00-cr-00690)

District Court Judge: Joseph A. Greenaway, Jr.

Submitted Under Third Circuit LAR 34.1(a)

November 1, 2004

(Filed: April 21, 2005)

Before: ALITO, BARRY, and FUENTES, Circuit Judges

PER CURIAM

The only issue in this appeal is whether the District Court erred in failing to grant

Romero a downward departure for substantial assistance where the Government did not

move for one. In the wake of the Supreme Court’s decision in United States v. Booker,
2

543 U.S. __, 125 S. Ct. 738 (2005), this Circuit has determined that sentencing issues are

best determined by the District Court in the first instance. Accordingly, we vacate the

sentence and remand for resentencing in accordance with Booker.
EXHIBIT
32.2





SECTION
906 CERTIFICATION





In
connection with the annual report of MAG Silver Corp. (the “Registrant”) on Form
40-F for the fiscal year ending December 31, 2007 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Frank R. Hallam,
Chief Financial Officer of the Registrant, 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
Registrant.










­­­­/s/
Frank R. Hallam





Name:
Frank R. Hallam


Title:
Chief Financial Officer


March 27,
2008