alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE MATTER OF THE PETITION §

OF CLIFTON D. HALL FOR A WRIT § No. 335, 2020

OF CERTIORARI §

Submitted: October 28, 2020

Decided: November 24, 2020

Before VALIHURA, VAUGHN, and TRAYNOR, Justices.

O R D E R

This 24th day of November 2020, after careful consideration of the petition for 

a writ of certiorari, as well as the State’s answer and motion to dismiss, it appears to 

the Court that:

(1) The petitioner, Clifton Hall, seeks to invoke this Court’s original 

jurisdiction, under Supreme Court Rule 43, to issue a writ of certiorari. The State 

has filed an answer and moved to dismiss the petition. After careful review, we 

conclude that Hall’s petition manifestly fails to invoke this Court’s original 

jurisdiction. Accordingly, the petition must be dismissed.

(2) On October 7, 2019, a Superior Court grand jury indicted Hall for 

driving under the influence (“DUI”) as a fourth offense and five additional motor 

vehicle offenses.1 Hall was arraigned in the Superior Court on October 23, 2019, 

and his case remains pending. In his petition for a writ of certiorari, Hall alleges

 

1

State v. Hall, Del. Super., Crim. ID No. 1908008699 (K).
2

that: (i) he does not have three prior DUI convictions, (ii) the State produced

someone else’s driving record in pretrial discovery, and (iii) he should have been 

arraigned in the Justice of the Peace Court or the Court of Common Pleas.

(3) A writ of certiorari is an extraordinary remedy that is used to correct 

irregularities in the proceedings of a trial court.2 Certiorari is available to challenge 

a final order of a trial court where the right of appeal is denied, a grave question of 

public policy and interest is involved, and no other basis for review is available.3 

“Where these threshold requirements are not met, this Court has no jurisdiction to 

hear the petitioner's claims, and the proceedings will be dismissed.”4 

(4) Because Hall’s claims may be advanced in his pending case in the 

Superior Court, he has failed to demonstrate that no other adequate remedy is 

available to him. As such, Hall is not entitled to the issuance of a writ of certiorari.

NOW, THEREFORE, IT IS ORDERED that the motion to dismiss is 

GRANTED, and the petition for the issuance of a writ of certiorari is DISMISSED. 

BY THE COURT:

/s/ James T. Vaughn, Jr.

Justice

 

2

Shoemaker v. State, 375 A.2d 431, 437 (Del. 1977).

3

Id. at 437-38.

4

In re Butler, 609 A.2d 1080, 1081 (Del. 1992).
<PAGE>

                                                                    EXHIBIT 32.2

                          CFO CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

      In connection with the Quarterly Report of Eyetech Pharmaceuticals, Inc.,
a Delaware corporation (the "Company"), on Form 10-Q for the quarter ended
September 30, 2004 as filed with the Securities and Exchange Commission (the
"Report"), I, Glenn P. Sblendorio, Chief Financial Officer of the Company,
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
Section 1350), that to 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 result of operations of the
Company.

/s/ Glenn P. Sblendorio
------------------------------
Glenn P. Sblendorio
Chief Financial Officer
November 15, 2004
CERTIFICATIONS PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Simon Ridgway, President and Chief Executive Officer of Radius Gold Inc. (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This Annual Report on Form 20-F of the Company for the period ended December 31, 2007, as filed 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



2.

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





Date: June 27, 2008





/s/ Simon Ridgway



Simon Ridgway,

President and Chief Executive Officer











#
Derrick CULVER, Appellant, v. STATE of Florida, Appellee.

No. 4D18-2505

District Court of Appeal of Florida, Fourth District.

[November 1, 2018]

Derrick Culver, Orlando, pro se.

No appearance required for appellee.

Per Curiam.

*Affirmed.*

Gerber, C.J., Gross, and Forst, JJ., concur.
Exhibit 32.2

           CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

I, Martin Wotton., Principal Financial Officer of visionGATEWAY, Inc. (the
"Registrant"), do hereby certify in accordance with 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based
on my knowledge:

(1)  the Annual Report on Form 10-KSB of the Registrant, to which this
certification is attached as an exhibit (the "Report"), fully complies with
the requirements of Section 13(a) 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.


Dated: September 9, 2005


Martin G. Wotton
President
(Principal Financial Officer)

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 visionGATEWAY and will
be retained by visionGATEWAY and furnished to the Securities and Exchange
Commission or its staff upon request.
Exhibit
32



CERTIFICATION
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 report on Form 10-K/A of Arvana Inc. for the annual period ended December 31, 2019, as filed with the Securities
and Exchange Commission on the date hereof, I, Ruairidh Campbell, do hereby 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 my knowledge and belief:



|(1) |  | This 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 represents, in all material respects, the financial condition of the registrant at the end of
the period covered by this report and results of operations of the registrant for the period covered by this report.
|--- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------





|Date: March 31, 2020                                | 
|--------------------------------------------------- | 
|                                                    | 
|/s/ Ruairidh Campbell                               | 
|Ruairidh Campbell                                   | 
|Chief Executive Officer and Chief Financial Officer | 



This
certification accompanies this 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 registrant for the purposes of §18 of the Securities Exchange
Act of 1934, as amended. This certification shall not be incorporated by reference into any filing 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 this report), irrespective
of any general incorporation language contained in such filing.



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

EXHIBIT 32.2

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 DIRECTV Holdings LLC (the "Corporation") on Form 10-K for the fiscal year ended
December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Patrick T. Doyle, Senior Vice President and Chief Financial Officer of the
Corporation, 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 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 Corporation.

|/s/ PATRICK T. DOYLEPatrick T. Doyle
Senior Vice President and Chief Financial Officer |  | 
|-------------------------------------------------------------------------------------- |  | 
|February 27, 2008                                                                      |  | 

---



QuickLinks
Kevin CHACE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1787

District Court of Appeal of Florida, Fifth District.

Decision filed December 4, 2018

James S. Purdy, Public Defender, and Robert Jackson Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

COHEN, C.J., EVANDER and LAMBERT, JJ., concur.
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Podcasts        August 8, 2011        2011: The Year of the Flood

Podcasts        October 26, 2008        Earthquakes? Don't Freak Out--ShakeOut!
IN THE COURT OF APPEALS OF IOWA
No. 17

- 0322 Filed September 27, 2017
STATE OF IOWA, Plaintiff

- Appellee,

vs. MICHAEL J. MCDONALD , Defendant

- Appellant.

________________________________________________________________ Appeal from the Iowa District Court for Dubuque County, Robert J. Richter , District Associate Judge.

Michael McDonald appeals his conviction for fourth

- degree theft asserting ineffective assistance of counsel. AFFIRMED.

Samuel A. Wooden of Reynolds & Kenline, L.L.P. , Dubuque , for appellant. Thomas J. Miller, Attorney General, and Louis S. Slove n , Ass istant Attorney General, for appellee.

Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.2

VAITHESWARAN, Presiding Judge. In 2006, the State charg ed Michael McDonald with fourth

- degree theft in connection with the taking of three winter coats from a store in Dubuque, Iowa. Ten years later, McDonald pled guilty to the offense and the district court imposed
sentence. McDonald filed a pro se motion to correct an illegal sentence, which the district court treated as a notice of appeal. He asserted his attorney was ineffective

“ in not challenging [the trial information] under [ the ] statute of limitations” and he claimed his sentence was illegal. The motion was not filed within thirty days of the sentencing order as required by our appellate rules, but the Iowa Supreme Court
gran ted McDonald a delayed appeal. McDonald does not raise his statute of limitations challenge on appeal. Accordingly, that argument is waived. See Iowa R. App. P. 6.903(2)(g)(3); Hyler v. Garner

, 548 N.W.2d 864, 870 (Iowa 1996)

. 1 McDonald also does not explicitly challenge the legality of his sentence on appeal. In any event, the challenge would not succeed because the sentence was authorized by statute. See Iowa Code § 903.1(1 ) (b)

. McDonald argues his trial attorney “ failed to properly investigate his ability to understand his guilty plea an d the ramifications o f accepting such a plea.” The record is inadequate to address this ineffective

- assistance

- of

- counsel claim. We preserve the claim for postconviction relief. See State v. Clay , 824 N.W.2d 488, 494 (Iowa 2012).
AFFIRMED.

1 Although the plea was not entered until 2016, the trial information was filed within three years of the commission of the offense. See Iowa Code § § 714.2(4 ) , 802.3 (2016)

.
Exhibit 32.2





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 Arvana Inc. (the “Company”) on Form 10-K for the period ending December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Arnold Tinter, 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:





(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/ Arnold Tinter


Arnold Tinter


Chief Financial Officer





April 6, 2011
Exhibit
32.1








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





I, Jerry
D. Chase, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
Lantronix, Inc. on Form 10-Q for the fiscal quarter ended March 31, 2010 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 Quarterly Report on
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of Lantronix, Inc.





Date:
April 30, 2010




By: /s/
      Jerry D.
      Chase
                Name:
      Jerry D. Chase
                Title:   President
      and Chief Executive Officer
                (Chief Executive
      Officer)








I, Reagan
Y. Sakai , certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
Lantronix, Inc. on Form 10-Q for the fiscal quarter ended March 31, 2010 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 Quarterly Report on
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of Lantronix, Inc.





Date:
April 30, 2010




By:/s/
      Reagan Y.
      Sakai
              Name:
      Reagan Y. Sakai
              Title:   Chief
      Financial Officer and Secretary
              (Chief Financial
      Officer)
Exhibit 3.2



CERTIFICATE OF AMENDMENT



OF



RESTATED CERTIFICATE OF INCORPORATION



OF



CATELLUS SUBCO, INC.



Catellus SubCo, Inc., a Delaware
corporation (the Company), does hereby certify that:



FIRST: Article I of the Restated Certificate of Incorporation of the Company is hereby amended to read in its entirety as follows:



ARTICLE I



NAME



The name of the company is Catellus Development Corporation (hereinafter referred to as the Company).



SECOND: Said amendment was duly adopted in accordance with the provisions of Section 242 of the Delaware General Corporation Law.



IN WITNESS WHEREOF, the undersigned has caused this Certificate of Amendment to be signed by
its duly authorized officer this 1st day of December, 2003.



CATELLUS SUBCO, INC.,a Delaware corporationBy:

/s/ Vanessa L. WashingtonVanessa L. WashingtonIts:

Senior Vice President, General Counsel and Secretary
Exhibit 31.2  CERTIFICATION I, Cathy D. Pendell, Treasurer of
First Federal Bancshares, Inc., certify that: 1.
I
have reviewed this annual report on Form 10-K of First Federal Bancshares, Inc.;  2.
Based on my knowledge, this annual report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this annual report;  3.
Based on my knowledge, the financial statements, and other financial information
included in this annual report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this annual report;  4.
The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over
financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:  (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 annual report is being prepared;  (b)

Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this annual report our conclusions about the
effectiveness of the disclosure controls and procedures, as the end of the
period covered by this annual 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  5.
The registrants other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrants auditors and the audit committee of registrants board of
directors (or persons performing the equivalent functions):  (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.  Date:March 30, 2004
     
     /s/   Cathy D. PendellCathy D. PendellTreasurer(principal financial and accounting officer)
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Supporting material        February 28, 2019        The 2011 Floods in North Dakota: The Response Efforts of the USGS
----

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| NEWYORK 7982557 (2K) |   |   |
|----------------------|--------|--------|

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|   | KANSAS STAR CASINO, LLC |                                       |
|--------|-------------------------|--------------------------------------------|
|   |                    |                                       |   |
|   | By:                     | /s/ Natalie Schramm                   |   |
|   |                    | Name: Natalie Schramm            |   |
|   |                    | Title:   Chief Financial Officer |   |
|   |                    |                                       |   |

|   |   |
|--------|--------|

|   |   |
|--------|--------|

|   |   |
|--------|--------|

| NEWYORK 7982557 (2K) |   | Peninsula GamingKansas Star Casino, LLC  - Grantor Acknowledgment |
|----------------------|--------|-----------------------------------------------------------------------------|

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|   | WELLS FARGO FOOTHILL, INC., as the Senior Lien Administrative Agent |                                    |
|--------|---------------------------------------------------------------------|-----------------------------------------|
|   |                                                                |                                    |   |
|   | By:                                                                 | /s/ Patrick McCormack              |   |
|   |                                                                | Name:  Patrick McCormack           |   |
|   |                                                                | Title:    Vice President |   |
|   |                                                                |                                    |   |

| NEWYORK 7982557 (2K) |   | Peninsula GamingKansas Star Casino - Grantor Acknowledgment |
|----------------------|--------|-------------------------------------------------------------|

----

|   | U.S. BANK NATIONAL ASSOCIATION,as the Subordinated Lien Creditor Representative |                                    |
|--------|---------------------------------------------------------------------------------|-----------------------------------------|
|   |                                                                            |                                    |   |
|   | By:                                                                             | /s/ Donald T. Hurrelbrink          |   |
|   |                                                                            | Name:  Donald T. Hurrelbrink       |   |
|   |                                                                            | Title:    Vice President |   |
|   |                                                                            |                                    |

|   |            |
|--------|--------------------------------------------------------------|

| NEWYORK 7982557 (2K) |   | Peninsula GamingKansas Star Casino, LLC  - Grantor Acknowledgment |
|----------------------|--------|-----------------------------------------------------------------------------|

----