alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-13-00220-CR

Gabriel Castillo REYES,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR2065

Honorable Angus McGinty, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: May 29, 2013

DISMISSED

On April 16, 2013, we notified Appellant that the trial court’s certification in this appeal 

states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” 

Additionally, the clerk’s record contained a written waiver signed by Appellant pursuant to 

which he entered a plea of no contest. The trial court’s judgment also reflected that there was a 

plea bargain agreement, and the punishment assessed did not exceed the punishment 

recommended by the prosecutor and agreed to by the defendant. Therefore, the trial court’s 
04-13-00220-CR

- 2 -

certification accurately reflected that the criminal case is a plea-bargain case. See TEX. R. APP.

P. 25.2(a)(2). 

In our April 16, 2013 order, we warned Appellant that “[this] appeal must be dismissed if 

a certification that shows the defendant has the right of appeal has not been made part of the 

record under these rules.” See id. R. 25.2(d). We ordered that this appeal would be dismissed 

under Rule 25.2(d) unless Appellant caused an amended trial court certification to be filed by 

May 16, 2013, that showed Appellant has the right of appeal. See id. R. 25.2(d), 37.1; see also 

Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Daniels v. State, 110 S.W.3d 174, 

176 (Tex. App.—San Antonio 2003, no pet.). No response was filed. Accordingly, we dismiss 

this appeal.

PER CURIAM

DO NOT PUBLISH
Larry JONES, Appellant, v. STATE of Florida, Appellee.

No. 4D18-3451

District Court of Appeal of Florida, Fourth District.

[March 21, 2019]

**FLORIDA DECISION WITHOUT PUBLISHED OPINION.**

Florida Decision Without Published Opinion.

Affirmed.
K.M. v. L.A. and L.O.

2170154

Court of Civil Appeals of Alabama.

December 19, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Transferred to Fayette Cir. Ct. for trial de novo pursuant to Rule 28(D), Ala. R.Juv.P.
**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 Quarterly Report of Ironclad Performance Wear Corporation
      (the “Company”) on Form 10-QSB for the period ended June 30, 2007, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Thomas Kreig, Interim 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, 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
                Company.





/s/
                Thomas KreigThomas
                  KreigInterim
                Chief Financial OfficerAugust
                14, 2007
Exhibit 4.9  


Gables
Residential Trust

2859 Paces Ferry Road

Suite 1450

Atlanta, GA 30339 


July 9,
2003 


Andrew
Duffy

Teachers Insurance and

    Annuity Association of America

730 Third Avenue

New York, NY 10017 



	Re:	 	Gables Residential Trust and

Gables Realty Limited Partnership





Dear
Andrew: 


        Reference
is made to (i) that certain Registration Rights Agreement dated September 27, 2002 by and between Gables Residential Trust (the "REIT") and Teachers Insurance and
Annuity Association of America ("TIAA") relating to the registration and exchange by the REIT of all of its outstanding, unregistered 7.875% Series C Cumulative Redeemable Preferred Shares for
registered 7.875% Series C-1 Cumulative Redeemable Preferred Shares and (ii) that certain Registration Rights Agreement dated September 27, 2002 by and between Gables
Realty Limited Partnership (the "Partnership" and together with the REIT, the "Company") and TIAA relating to the registration and exchange of all of its outstanding, unregistered (A) 5.86%
Senior Notes due 2009 for a like amount of registered 5.86% Senior Notes due 2009 and (B) 6.10% Senior Notes due 2010 for a like amount of registered 6.10% Senior Notes due 2010 (collectively,
the "Registration Rights Agreements"). 


        On
April 15, 2003, each of the REIT and the Partnership filed with the Securities and Exchange Commission (the "SEC") a registration statement on Form S-4 to
consummate the transactions contemplated by the Registration Rights Agreements. Section 2(e) of each of the Registration Rights Agreements contemplates, among other things, that the Company's
registration statements would be declared effective by the SEC on or before June 30, 2003 (the "Effective Date"). 



        The
SEC review process has been unusually lengthy and the SEC's response times have been slow. The Company is currently in responding to the third round comments from the SEC, as
detailed on the attached letter from our counsel, Goodwin Procter LLP. In order that the Company, along with its auditors, has sufficient time to appropriately respond to the SEC's comments, the
Company respectfully requests that the Effective Date for purposes of each of the Registration Rights Agreements, be extended to July 31, 2003. 







        Please
sign the enclosed copy of this letter in the place provided below acknowledging receipt of this letter and agreeing that the Effective Date of each of the Registration Rights
Agreements is amended hereby as set forth herein. 



	 	 	Very truly yours,
	

 	
 	
GABLES RESIDENTIAL TRUST
	

 	
 	

By:	

/s/  MARVIN R. BANKS, JR.      
 Marvin R. Banks, Jr.
 Chief Financial Officer





	

 	
 	
GABLES REALTY LIMITED

PARTNERSHIP
	

 	
 	

By:	

Gables GP, Inc., its general partner
	

 	
 	

By:	

/s/  MARVIN R. BANKS, JR.      
 Marvin R. Banks, Jr.
 Chief Financial Officer





Accepted
and agreed: 


TEACHERS
INSURANCE AND ANNUITY

ASSOCIATION OF AMERICA 



	By:	/s/  KEVIN J. RIORDAN      
 Name: Kevin J. Riordan

Title: Managing Director
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 Quantum Solar Power Corp.(the "Company") on Form 10-Q for the period ended December 31, 2009 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Daryl Ehrmantraut, Chief Executive 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








Dated this 16th day of February, 2010.





DARYL EHRMANTRAUTDaryl EhrmantrautChief Executive Officer
Case 5:05-cr-00083-C Document 29 Filed 01/19/06 Page 1 of 7 PageID 66
 

 Case 5:05-cr-00083-C Document 29 Filed 01/19/06 Page 2 of 7 PageID 67
 

 Case 5:05-cr-00083-C Document 29 Filed 01/19/06 Page 3 of 7 PageID 68
 

 Case 5:05-cr-00083-C Document 29 Filed 01/19/06 Page 4 of 7 PageID 69
 

 Case 5:05-cr-00083-C Document 29 Filed 01/19/06 Page 5 of 7 PageID 70
 

 Case 5:05-cr-00083-C Document 29 Filed 01/19/06 Page 6 of 7 PageID 71
 

 Case 5:05-cr-00083-C Document 29 Filed 01/19/06 Page 7 of 7 PageID 72
Fourth Court of Appeals

San Antonio, Texas

October 2, 2015

No. 04-14-00267-CV

DIATHEGEN, LLC,

Appellant

v.

PHYTON BIOTECH, INC., Phyton Biotech, LLC, Phyton Biotech, GmbH,

Appellees

From the 57th Judicial District Court, Bexar County, Texas

Trial Court No. 2013-CI-17463

Honorable Janet P. Littlejohn, Judge Presiding

ORDER

Sitting: Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Jason K. Pulliam, Justice

The panel has considered the Appellant’s Motion for Rehearing, and the motion is 

DENIED.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 2nd day of October, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
**Exhibit
      99.8**




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 Axcan Pharma Inc. (the “Company”) on Form
        40-F for the period ending September 30, 2006 as filed with the Securities
        and
        Exchange Commission on the date hereof (the “Report”), I, Jean Vezina, Vice
        President, Finance and Chief Financial 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 the Report fairly presents, in all material
                respects, the financial condition and result of operations of the
                Company.   /s/
        Steve Gannon
 Steve
        Gannon
 Senior
        Vice President and Chief Financial Officer
 December
        29, 2006
**EXHIBIT
      32.1**














**Certification
      of Principal Accounting 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 10Q-SB of Sockeye Seafood Group,
      Inc. (Registrant), as filed with the Securities and Exchange Commission on
      the
      date hereof (the Report), I, David F. Knapfel, Principal Financial Officer
      of
      Registrant, 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 the best
      of
      my knowledge and belief:





(1)
      the quarterly
      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 quarterly report fairly presents, in all material respects,
      the
      financial condition and results of operations of Registrant.







Date:
      August 11, 2006    /s/
      David
      F. Knapfel


By:
      David
      F. Knapfel, Principal Accounting
      Officer of Registrant
Case 3:05-cv-00644-H Document 3 Filed 04/29/05 Page 1 of 1 PageID 59
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

JAMES EDWARD DANIELS, §

§ 

Plaintiff, §

§

v. § Civil Action No. 3:05-CV-1739-M

§ ECF

DALLAS COUNTY, et al., §

§

Defendants. §

ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND

RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The Court has under consideration the Findings, Conclusions, and Recommendation of

United States Magistrate Judge Paul D. Stickney, regarding Defendant University of Texas Medical

Branch’s Amended Motion to Dismiss. The District Court reviewed the proposed Findings,

Conclusions, and Recommendation for plain error. Finding none, the Court accepts the Findings,

Conclusions, and Recommendation of the United States Magistrate Judge.

SO ORDERED this 27 day of September, 2007. th

_________________________________

BARBARA M. G. LYNN

UNITED STATES DISTRICT JUDGE

NORTHERN DISTRICT OF TEXAS
Exhibit 32.1


                      CHIEF EXECUTIVE OFFICER CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Annual Report of Golden State Petroleum Transport
Corporation (the "Company") on Form 10-K for the year ended December 31, 2006 as
filed with the Securities and Exchange Commission (the "SEC") on or about the
date hereof (the "Report"), I, Tor Olav Troim, President 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.

A signed original of this written statement has been provided to the Company and
will be retained by the Company and furnished to the SEC or its staff upon
request.




Date: April 2, 2007

s/ Tor Olav Troim
-----------------------------
Tor Olav Troim
Principal Executive Officer
In The 

Court of Appeals 

Seventh District of Texas at Amarillo 

 

No. 07-23-00161-CR 

 

LUCIO DELEON YANEZ, APPELLANT 

V. 

THE STATE OF TEXAS, APPELLEE 

On Appeal from the 22nd District Court 

Hays County, Texas 

Trial Court No. CR-19-3860-A, Honorable R. Bruce Boyer, Presiding 

May 16, 2023 

ORDER OF ABATEMENT AND REMAND 

Before PARKER and DOSS and YARBROUGH, JJ. 

Appellant, Lucio Deleon Yanez, proceeding pro se, appeals his conviction for 

driving while intoxicated1 and sentence to seven years’ confinement.2 In his notice of 

appeal, Appellant states that he is indigent and requests court-appointed appellate 

1 See TEX. PENAL CODE ANN. § 49.09(b).

2 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the 

Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001.
2

counsel. Accordingly, we abate the appeal and remand the cause to the trial court to 

determine:

(1) whether Appellant still desires to prosecute the appeal; and

(2) whether Appellant is indigent and entitled to appointed counsel. See TEX.

CODE CRIM. PROC. ANN. art 1.051(d)(1).

The trial court shall enter such orders necessary to address the aforementioned 

questions. So too shall it include its findings on those matters in a clerk’s record and 

cause that record to be filed with the Clerk of this Court by June 15, 2023. If it is 

determined that Appellant desires to proceed with the appeal, is indigent, and is entitled 

to appointed counsel, the trial court shall appoint counsel; the name, address, email 

address, phone number, and state bar number of any newly appointed counsel shall be 

included in the aforementioned findings. 

Newly appointed counsel shall immediately request preparation of the appellate 

record. See TEX. R. APP. P. 35.3.

It is so ordered.

Per Curiam

Do not publish.
James BROWN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2145

District Court of Appeal of Florida, Fifth District.

Decision filed April 30, 2019

**FLORIDA DECISION WITHOUT PUBLISHED OPINION.**

AFFIRMED.
Toray Anthony RICKETTS, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1895

District Court of Appeal of Florida, First District.

April 30, 2019 Rehearing Denied May 21, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Case 3:05-cv-01679-P Document 36 Filed 04/27/06 Page 1 of 3 PageID 306
 

 Case 3:05-cv-01679-P Document 36 Filed 04/27/06 Page 2 of 3 PageID 307
 

 Case 3:05-cv-01679-P Document 36 Filed 04/27/06 Page 3 of 3 PageID 308
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of
XsunX, Inc. (the “Company”) on Form
10-K for the period ended September 30, 2008 as filed with the U.S. Securities
and Exchange Commission on the date himself (the “Report”), the
undersigned hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his
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 operation of the Company.




Date: January 30, 2009





/s/ 
      Jeff HuittName:
      Jeff HuittTitles:
      Chief Financial Officer and Principal Financial and Accounting
      Officer





A signed
original of this written statement required by Section 906, or other document
authentications, 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 the Company and will be retained by the
Company and furnished to the U.S. Securities and Exchange Commission or its
staff upon request.
Marissa D. RICHARDSON v. Shedrick L. RICHARDSON

2160517

Court of Civil Appeals of Alabama.

November 3, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
S. Patrick DRAY, etc., Appellant, v. Tamar Duffner SHENDELL, etc., et al., Appellees.

No. 3D18-0723

District Court of Appeal of Florida, Third District.

Opinion filed March 20, 2019

Friedman & Frost, P.L. and Paul D. Friedman and Alexander A. Salinas, Miami, for appellant.

Shendell & Associates, and Lawrence A. Shendell (Deerfield Beach); The Haralson Law Firm, P.A., and Paul Haralson, Miami, for appellees.

Before FERNANDEZ, LINDSEY, and MILLER, JJ.

MILLER, J.

*141As the undisputed record evidence presented below firmly established that the now-deceased settlor, who sought rescission of an irrevocable trust, was not subject to coercion, fraud, misrepresentation, overreaching, or undue influence in his execution of the trust documents, and the essential elements of unilateral mistake failed, the trial court properly granted summary judgment in favor of appellees. *See**Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Benton*, 467 So.2d 311, 312 (Fla. 5th DCA 1985) ("[A] party who voluntarily executes a document ... is bound by its terms in the absence of coercion, duress, fraud in the inducement or some other independent ground justifying rescission."); *see also**Duncan Props., Inc. v. Key Largo Ocean View, Inc.*, 360 So.2d 471, 472 (Fla. 3d DCA 1978) ("Generally, in order to sustain an action for rescission, one must allege grounds amounting to fraud, misrepresentation, overreaching or undue influence.") (citing *Richard Bertram & Co. v. Barrett*, 155 So.2d 409 (Fla. 1st DCA 1963) ); *DePrince v. Starboard Cruise Servs., Inc.*, 271 So.3d 11, 2018 WL 3636849 (Fla. 3d DCA Aug. 1, 2018) (en banc) ("A contract may be set aside on the basis of unilateral mistake of material fact if: (1) the mistake was not the result of an inexcusable lack of due care; (2) denial of release from the contract would be inequitable; and (3) the other party to the contract has not so changed its position in reliance on the contract that rescission would be unconscionable."). Affirmed.
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 China Expert Technology Inc. (the Company) on Form 10-K for the fiscal year ended December 31, 2006 as filed with the United States Securities and Exchange Commission on the date hereof (the Report), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company. Date: April 12, 2007By: /s/ Fu Wan Chung, SimonName: Fu Wan Chung, SimonTitle:
Chief Financial Officer   A signed original of this written statement required by Section 906, or other document authentications, 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 the Company and will be retained by the Company and furnished to the United States Securities and Exchange Commission or its staff upon request.
Tracy Michael OGLESBY v. STATE

CR-16-0843

Court of Criminal Appeals of Alabama.

December 8, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
# C_2017121EN.01001202.xml

| 18.4.2017 | EN | Official Journal of the European Union | C 121/12 |
| --- | --- | --- | --- |

18.4.2017

EN

Official Journal of the European Union

C 121/12

---

Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 19 January 2017 — NN A/S v Skatteministeriet

(Case C-28/17)

(2017/C 121/18)

Language of the case: Danish

Referring court

Referring court

Østre Landsret

Parties to the main proceedings

Parties to the main proceedings

Applicant: NN A/S

Applicant:

Defendant: Skatteministeriet

Defendant:

Questions referred

Questions referred

| 1. | What factors are to be taken into account in assessing whether resident companies in a situation such as the present one are subject to an ‘equivalent condition’ within the meaning of paragraph 20 of the Philips judgment, (1) with respect to the setting off of losses, to that applicable to branches of non-resident companies? |
| --- | --- |

1.

What factors are to be taken into account in assessing whether resident companies in a situation such as the present one are subject to an ‘equivalent condition’ within the meaning of paragraph 20 of the Philips judgment, (1) with respect to the setting off of losses, to that applicable to branches of non-resident companies?

Philips

1

| 2. | If it is presumed that the Danish tax rules do not contain a difference of treatment as dealt with in the Philips case, does a prohibition of setting off similar to that described — in a case in which the loss in the non-resident company’s permanent establishment is also subject to the host country’s power of taxation — in itself constitute a restriction of the right of freedom of establishment under Article 49 TFEU, which has to be justified by reference to overriding reasons of the public interest? |
| --- | --- |

2.

If it is presumed that the Danish tax rules do not contain a difference of treatment as dealt with in the Philips case, does a prohibition of setting off similar to that described — in a case in which the loss in the non-resident company’s permanent establishment is also subject to the host country’s power of taxation — in itself constitute a restriction of the right of freedom of establishment under Article 49 TFEU, which has to be justified by reference to overriding reasons of the public interest?

Philips

| 3. | If so, can such a restriction then be justified by the interest in preventing the double use of losses, the objective of ensuring a balanced distribution of powers of taxation between the Member States, or a combination of both? |
| --- | --- |

3.

If so, can such a restriction then be justified by the interest in preventing the double use of losses, the objective of ensuring a balanced distribution of powers of taxation between the Member States, or a combination of both?

| 4. | If so, is such a restriction proportionate? |
| --- | --- |

4.

If so, is such a restriction proportionate?

---

(1)  Judgment of the Court of 6 September 2012, C-18/11 (EU:C:2012:532).

1

---