alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of Florida, Appellant/Cross-Appellee, v. Gairy E. CASTOR, Appellee/Cross-Appellant.

Case No. 2D18-1214

District Court of Appeal of Florida, Second District.

Opinion filed March 1, 2019

Ashley Moody, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellant/Cross-Appellee.

Michael Hrdlicka of Gomez & Touger, P.A., Bartow, for Appellee/Cross-Appellant.

PER CURIAM.

After a thorough review, we conclude that the postconviction court did not commit reversible error. Accordingly, we affirm the order granting Gairy E. Castor's motion for postconviction relief, vacating his convictions and sentences, and ordering a new trial. In light of our affirmance, Castor's cross-appeal is rendered moot.

Affirmed.

KELLY, KHOUZAM, and SLEET, JJ., Concur.
Exhibit32.1

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

Stephen S. Tang, President, Chief Executive Officer and Acting ChiefFinancial Officer of Millennium Cell Inc. (the"Company"), has executed this certificationin connection with the filing with the Securities and ExchangeCommission of the Company's Annual Report on Form 10-K for thefiscal year ended December 31, 2003 (the"Report") and does hereby certify, pursuantto § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)that to his knowledge:

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

2. The information contained in the Report fairlypresents, in all material respects, the financial condition and resultsof operations of the Company as of the dates and for the periodsexpressed in the Report.

A signed original of this writtenstatement has been provided to the Company and will be retained by theCompany and furnished to the Securities and Exchange Commission or itsstaff upon request.

|  | /s/ Stephen S.Tang Stephen S. TangPresident, Chief ExecutiveOfficer &Acting Chief FinancialOfficer    March 18,2004 |
|--|---------------------------------------------------------------------------------------------------------------------------------------------|

----
Steve AUSTIN, Jr., Appellant, v. The STATE of Florida, Appellee.

No. 3D18-1675

District Court of Appeal of Florida, Third District.

Opinion filed January 2, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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Illustrations        January 26, 2015        USGS SIM 3250: Geologic Map of the Agnesi Quadrangle (V–45), Venus

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Interviews        July 5, 2011        Earth History of the National Capital Region – Volcanoes, Earthquakes & Dinosaurs... Oh My!

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Interviews        August 24, 2009        Pharmaceuticals in Urban Streams in Northwest Oregon
**EXHIBIT 32.1**

 

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

 

In connection with theQuarterly Report of GeoPetro Resources Company (the “Company”) on Form 10-Qfor the period ending March 31, 2009 as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned, StuartJ. Doshi , Chief Executive Officer, and J. Chris Steinhauser, Chief FinancialOfficer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, tohis 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 Company. |

 
| Dated: May 8, 2009 | /s/ Stuart J. Doshi                 |
|-------------------------|-------------------------------------|
|                    | Stuart J. Doshi                     |
|                    | President, Chief  Executive Officer |
|                    | and Chairman of the  Board          |
|                    |                                |
| Dated: May 8, 2009 | /s/ J. Chris  Steinhauser           |
|                    | J. Chris Steinhauser                |
|                    | Chief Financial Officer             |

 

A signed original of thiswritten statement required by Section 906 has been provided to GeoPetroResources Company and will be retained by GeoPetro Resources Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----

| * |   | This certification is  being furnished solely to accompany the Report pursuant to 18 U.S.C.  Section 1350 and is not being filed for purposes of Section 18 of  the Securities Exchange Act of 1934, as amended, and is not to be  incorporated by reference into any filing of the Company, whether made before  or after the date hereof, regardless of any general incorporation language in  such filing. |
|---|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

----
**Exhibit 31.2**

**CERTIFICATION**

I, Garry K. McGuire, certify that:

1.     I havereviewed this quarterly report on Form 10-Q of Avaya Inc.;

2.     Based onmy knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report;

3.     Based onmy knowledge, the financial statements, and other financial informationincluded in this quarterly report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant asof, and for, the periods presented in this quarterly report;

4.     The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

a)     designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;

b)     evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered bythis quarterly report based on such evaluation; and

c)     disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s third fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5.     Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

a)     allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

b)     any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.
| Date: August 9, 2005 |
|---------------------------|
|                      | /s/ GARRY K. MCGUIRE |
|                      | Garry K. McGuire |
|                      | *Chief Financial Officer and Senior Vice  President,  Corporate Development* |

 

----
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Photography        May 9, 2011        Measuring discharge during May 2011 Memphis, Tennessee flood

Photography        May 4, 2011        USGS boat crew prepares for a discharge measurement
## State of N ew York Su p reme C ou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: November 5, 2015 D -76-15

In the Matter of ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-a.
COMMITTEE ON PROFESSIONAL MEMORANDUM AND ORDER STANDARDS, ON MOTION Petitioner; KEITH JOSEPH ROBERTS, Respondent. (Attorney Registration No. 2881704)
Calendar Date: September 21, 2015 Before: Lahtinen, J.P., Egan Jr., Rose and Lynch, JJ.

Monica A. Duffy, Committee on Professional Standards, Albany, for petitioner. Keith Joseph Roberts, Old Tappan, New Jersey, respondent pro se.

Per Curiam. Respondent, who was admitted to practice by this Court in 1998, was suspended by this Court's order dated September 24, 2009 for failure to comply with the attorney registration requirements of Judiciary Law § 468-a (65 AD3d 1447 [2009]). Respondent now requests reinstatement on the ground that he has complied with the attorney registration requirements of Judiciary Law § 468-a and the Rules of the Chief Administrator of-2- D-76-15

the Courts (see 22 NYCRR part 118). Petitioner does not object to respondent's application. Respondent's application is granted and he is ordered reinstated, effective immediately. Lahtinen, J.P., Egan Jr., Rose and Lynch, JJ., concur.

ORDERED that respondent's application is granted; and it is further ORDERED that respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective immediately.

ENTER:

Robert D. Mayberger Clerk of the Court
Dakota Blayze OVERSTREET, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-4496

District Court of Appeal of Florida, Second District.

Opinion filed March 6, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
STATE of Louisiana v. Dnerius ANTOINE

NO. 2019-KK-0047

Supreme Court of Louisiana.

February 25, 2019

**ON SUPERVISORY WRITS TO THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAEYETTE**

Writ denied.

JOHNSON, C. J., would grant.

HUGHES, J., would grant.

GENOVESE, J., would grant and assigns reasons.

Genovese, J., would grant for the following reasons:

The facts in this case fit squarely within the parameters and prohibition set forth in *Rodriguez v. United States* , --- U.S. ----, 135 S.Ct. 1609, 191 L.Ed.2d 492 (2015), i.e., absent reasonable suspicion, police may not extend an otherwise-completed traffic stop in order to conduct a dog sniff. This case presents just such a scenario.

Officers stopped a vehicle ostensibly for a traffic violation. Over the course of 15 minutes, officers vetted both the driver and passenger and found no outstanding warrants or other cause to detain the occupants. Officers denied smelling marijuana or other drug odors. Nevertheless, one officer asked to search the vehicle. The driver refused. The officer thereafter requested a K-9 officer to conduct a drug sniff. The K-9 unit arrived approximately 22 minutes later.

In my view, officers articulated no reasonable suspicion to justify extending the already-completed stop to conduct the drug sniff. For this reason, I disagree with *444the slim majority and would grant defendant's motion to suppress.
EXHIBIT 31.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Barbara A. Ras, certify that:

1. I have reviewed this annual report on Form 10-KSB of Alliance Distributors
Holding Inc.

2. Based on my knowledge, this 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 report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rule 13a-15(e) and 15d-15(e)) 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 small business issuer, 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 Company'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 Company's internal control over
financial reporting that occurred during the Company'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
Company's internal control over financial reporting; and

5. I have disclosed, based on our most recent evaluation of internal control
over financial reporting, to the Company's auditors and the audit committee of
the Company'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 Company'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 Company's internal control over
financial reporting.

Date: March 22, 2006

                              /s/ Barbara A. Ras
                              -------------------------------------
                              Barbara A. Ras
                              Chief Financial Officer/Principal
                              Financial and Accounting Officer
1

The Honorable Susan Webber Wright, United States District Judge for the

Eastern District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 10-1500

___________

George Gadd, *

*

Appellant, *

* Appeal from the United States

* District Court for the

* Eastern District of Arkansas.

v. *

* [UNPUBLISHED]

United States of America; Eric H. *

Holder, Jr., Attorney General, *

United States Department of *

Justice; Michele M. Leonhart, *

Acting Administrator, Drug *

Enforcement Administration, *

*

Appellees. *

___________

Submitted: August 30, 2010

Filed: September 3, 2010 

___________

Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.

___________

PER CURIAM.

George Gadd appeals the district court’s1

 adverse grant of summary judgment

in his civil action. In his complaint, as subsequently amended, Gadd asserted claims
-2-

of failure to accommodate a disability, and retaliation, under the Rehabilitation Act

of 1973, 29 U.S.C. §§ 701, 791, and 794; failure to maintain records, improper

disclosure of medical records, and failure to produce records upon request, under the

Right to Privacy Act, 5 U.S.C. § 552a; and failure to produce records, under the

Freedom of Information Act (FOIA). On appeal, Gadd argues that the district court

erred in granting summary judgment, and he challenges the court’s denial of his

motions to reconsider and for recusal, and its handling of the record and his discoveryrelated requests.

After careful de novo review, viewing the evidence and all fair inferences from

it in the light most favorable to Gadd, see Buboltz v. Residential Advantages, Inc., 523

F.3d 864, 867-68 (8th Cir. 2008), we conclude that summary judgment was proper.

In addition, we conclude that the district court did not abuse its discretion in denying

Gadd’s motion to reconsider, see Christensen v. Qwest Pension Plan, 462 F.3d 913,

920 (8th Cir. 2006) (standard of review for Fed. R. Civ. P. 59(e) motion); Arnold v.

Wood, 238 F.3d 992, 998 (8th Cir. 2001) (standard of review for Fed. R. Civ. P. 60(b)

motion), in denying his recusal motion, see Neal v. Wilson, 112 F.3d 351, 357 & n.6

(8th Cir. 1997) (disapproving decision to wait until district judge had issued

unfavorable ruling before moving for recusal), in maintaining certain record

documents under seal, cf. Meyer Goldberg, Inc. v. Fisher Foods, Inc., 823 F.2d 159,

161 (6th Cir. 1987) (request to lift or modify order sealing documents is left to sound

discretion of trial court), or in handling discovery-related matters, see Sheets v.

Butera, 389 F.3d 772, 780 (8th Cir. 2004) (review of discovery rulings is very

deferential; rulings generally will not be overturned absent gross abuse of discretion

resulting in fundamental unfairness).

Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

______________________________
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publication        January 1, 1964        General geology of Guam

publication        August 19, 2005        Rainfall-Runoff and Water-Balance Models for Management of the Fena Valley Reservoir, Guam