alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SCAD-19-0000144
IN THE SUPREME COURT OF THE STATE OF HAWAI # I

DISCIPLINARY BOARD OF THE HAWAI # I SUPREME COURT, Petitioner,

vs. RICHARD T. MIYAO, Respondent.

ORIGINAL PROCEEDING (ODC NO. 17-O-059)
ORDER OF TRANSFER TO INACTIVE STATUS (By: Recktenwald, C.J., Nakayama, Pollack, and Wilson, JJ., and Intermediate Court of Appeals Associate Judge Chan,

in place of McKenna, J., recused) Upon review of the March 8, 2019 petition filed by the Disciplinary Board of the Supreme Court of the State of Hawai # i, requesting this court to immediately transfer Respondent Richard T. Miyao to inactive status, pursuant to Rules 2.19 (b) of the Rules of the Supreme Court of the State of Hawai # i (RSCH), we conclude interim transfer to inactive status is warranted. Therefore,IT IS HEREBY ORDERED that Respondent Miyao is immediately transferred to inactive status in this jurisdiction, Electronically Filed Supreme Court SCAD-19-0000144 20-MAR-2019 09:23 AMpursuant to RSCH Rule 2.19(c), effective with the filing of this

order. Respondent Miyao shall remain on inactive status until further order of this court but may, at his discretion, apply to this court for a return to active status, pursuant to RSCH Rule 2.19(f), upon submission of evidence that he is fit to resume the practice of law.

IT IS FURTHER ORDERED that the Office of Disciplinary Counsel (ODC) shall suspend and hold in abeyance proceedings against Respondent Miyao to the extent required by RSCH Rule 2.19(h). IT IS FURTHER ORDERED that ODC shall, within 30 days of the entry date of this order, submit to this court its opinion as to whether appointment of a trustee over Respondent Miyao’s legal practice is warranted, pursuant to RSCH Rule 2.20. Respondent Miyao may also, within the same time frame, submit any information or arguments on that issue he may deem appropriate, for this court’s consideration.

IT IS FURTHER ORDERED that the clerk of the court shall render the docket in this matter public, but shall, as required by RSCH Rule 2.19(i), seal all docket entries except for this instant order and any subsequent final orders transferring Respondent Miyao to inactive status, or reinstating him to practice, which shall remain public.

IT IS FURTHER ORDERED that the Disciplinary Board

2shall, pursuant to RSCH Rule 2.19(d), cause a notice of this

transfer to inactive status to be published in a newspaper of general circulation in the judicial circuit in which Respondent Miyao maintained his practice.

IT IS FINALLY ORDERED that the clerk of the court, pursuant to RSCH Rule 2.19(e), shall transmit a certified copy of this order to all judges of the State of Hawai # i and shall request their assistance and such action as may be indicated, pursuant to RSCH Rule 2.20, to protect the interests of both Respondent Miyao and his clients.

DATED: Honolulu, Hawai # i, March 20, 2019. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Richard W. Pollack /s/ Michael D. Wilson /s/ Derrick H.M. Chan

3
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<PERIOD-END>                               JUN-30-1997
<CASH>                                           15028
<INT-BEARING-DEPOSITS>                           10039
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     149908
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<LOANS>                                         312154
<ALLOWANCE>                                       3815
<TOTAL-ASSETS>                                  512383
<DEPOSITS>                                      324963
<SHORT-TERM>                                     19420
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</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

**In the Matter of**

**JO-ELLEN KURTZ**

**PETITION FOR REINSTATEMENT FROM ADMINISTRATIVE SUSPENSION**  **: :**  **: :**  **: :**  **: No. 93 DB 2015 (No. 45 RST 2015)** 

**Attorney Registration No. 66785** 

**(Out of State)**

O R D E R

PER CURIAM

AND NOW **, this 4 th**  **day of August, 2015, the Report and Recommendation o f**  **Disciplinary Board Member dated July 27, 2015, is appro ved and it is ORDERED that**  **Jo-Ellen Kurtz, who has been on Administrative Suspensio n, has never been**  **suspended or disbarred, and has demonstrated that she has the moral qualifications,**  **competency and learning in law required for admission t o practice in the**  **Commonwealth, shall be and is, hereby reinstated to act ive status as a member of the**  **Bar of this Commonwealth. The expenses incurred by the Board in the investigation**  **and processing of this matter shall be paid by the Petit ioner.**
**Exhibit****4.(b)(ii)**

** **

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Exhibit 32.1

CERTIFICATION PURSUANT TO EXCHANGE ACT RULE 13a-14(b) AND 18 U.S.C. §1350

In connection with the annual report of Quantum Fuel Systems Technologies Worldwide, Inc. (Quantum) on Form 10-K for the fiscal year
ended April 30, 2010 as filed with the Securities and Exchange Commission (the Report), I, Alan P. Niedzwiecki, President and Chief Executive Officer of Quantum, hereby certify as of the date hereof, solely for purposes of Title 18,
Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 Quantum at the dates and for the
periods indicated.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This Certification has not been, and shall not be deemed, filed with the
Securities and Exchange Commission for purposes of Section 18 of the Exchange Act or otherwise subject to the liability of that section.

Date: July 12, 2010



/s/    ALAN P. NIEDZWIECKIAlan P. NiedzwieckiPresident and Chief Executive Officer
**Exhibit 13.1**

 

**Certification**

 

**Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

 

**(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)**

 

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of NTT DoCoMo, Inc., a Japanese corporation (the “Company”), hereby certifies, to such officer’s knowledge, that: 

 

The Annual Report on Form 20-F for the year ended March 31, 2005 (the“Report”) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company. 

 

Date: June 27, 2005
EXHIBIT 99.4
 Certifications Furnished Pursuant to 18 U.S.C. Section 1350,
As Adopted Pursuant to  Section 906 of the Sarbanes-Oxley Act of 2002
 Canadian Pacific Railway Limited
  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:  March 19, 2010
    /s/  Frederic J. GreenFrederic J. GreenPresident and Chief Executive Officer Page 1 of 2




---



##### 



EXHIBIT 99.4
 Canadian Pacific Railway Company
  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:  March 19, 2010
    /s/  Frederic J. GreenFrederic J. GreenPresident and Chief Executive Officer Page 2 of 2
## In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06

- 14

- 00004

- CR

MONTY MORGAN BRITTAIN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 402nd Judicial District Court

Wood County, Texas

Trial Court No. 21,725

- 2012

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter2 

### MEMORANDUM OPINION

Monty Morgan Brittain, appellant, has filed a motion to dismiss his appeal. The motion

was signed by both Brittain and his counsel in compliance with the Texas Rules of Appellate

Procedure. See T EX

. R. A PP

. P. 42.2(a). As authorized by Rule 42.2(a), we grant the motion.

Accordingly, we dismiss this appeal.

Jack Carter

Justice

Date Submitted: February 19, 2014

Date Decided: February 20, 2014

Do Not Publish
#### The People of the State of New York, Respondent, v Benjamin Dent, Appellant.

[941 NYS2d 625]

Judgment, Supreme Court, New York County (Laura A. Ward, J., at suppression hearing; Ruth Pickholz, J., at jury trial and sentencing), rendered June 1, 2010, convicting defendant of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to an aggregate term of six years, unanimously affirmed.

The hearing court properly denied defendant’s motion to suppress the cocaine recovered from his person. The court found that defendant’s resemblance to a person depicted in a wanted poster was “uncanny,” even though defendant turned out not to be that person. The record establishes that the closeness of the resemblance outweighed other factors such as a height difference between defendant and the person in the wanted poster, and the lack of spatial or temporal proximity to the crime that formed the basis for the poster. Accordingly, the resemblance, coupled with defendant’s immediate flight, warranted an inference that defendant was the person in the poster, and provided reasonable suspicion for a stop and frisk (see *People v Collado,*72 AD3d 614 [2010], *lv denied*15 NY3d 850 [2010]; *People v Wilson,*5 AD3d 408 [2004], *lv denied*2 NY3d 809 [2004]). De*537fendant’s violent struggle with the police raised the level of suspicion to probable cause.

Defendant’s ineffective assistance of counsel claim is unreviewable on direct appeal because it involves matters of strategy not reflected in the record *(see People v Love,*57 NY2d 998 [1982]). On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards *(see People v Benevento,*91 NY2d 708, 713-714 [1998]; *see also Strickland v Washington,*466 US 668 [1984]). Defendant has failed to demonstrate “the absence of strategic or other legitimate explanations” *(People v Rivera,*71 NY2d 705, 709 [1988]) for his counsel’s failure to request submission of seventh-degree possession as a lesser included offense of third-degree possession. In any event, regardless of whether counsel should have made that request, defendant has not established that this omission deprived him of a fair trial or affected the outcome of the case.

Defendant’s general objection failed to preserve his claim that the trial court erroneously admitted a statement that had been suppressed by the hearing court, and we decline to review it in the interest of justice *(see People v Tevaha,*84 NY2d 879 [1994]). As an alternate holding, we find that the error was harmless *(see People v Crimmins,*36 NY2d 230 [1975]). Concur — Saxe, J.P., Sweeny, Moskowitz, Renwick and Abdus-Salaam, JJ.
---

CERTIFICATION OFCHIEF EXECUTIVE
OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT
TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Lorrie Ann Archibald, Chief Executive Officer of Merritt
Ventures Corp. (the Company), 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:

| | (i)  | the Annual Report on Form 10-KSB of the Company, for the
      fiscal year ended December 31, 2004, and to which this certification is
      attached as Exhibit 32.1 (the Report) fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934, as amended; and
| | ---- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                        
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                       

| | By:    | /s/ Lorrie Ann
      Archibald
| | ------ | ------------------------------
| | Name:  | LORRIE ANN ARCHIBALD          
| | Title: | Chief Executive Officer       
| | Date:  | October 18, 2005              

A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 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.

This certification accompanies the Form 10-KSB to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Registrant under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-KSB), irrespective of any general
incorporation language contained in such filing.

---
[No. 16543-4-III.

Division Three.

September 2, 1997.]

#### *In the Matter of the Personal Restraint of*John Bill Fletcher, *Petitioner.*

Petition for relief from personal restraint. *Granted in part*and *denied in part*by unpublished opinion per Schultheis, J., concurred in by Thompson and Kurtz, JJ.
#### BARR v. SOFRANSKI.

(Supreme Court, Appellate Division, First Department.

November 15, 1907.)

Action by William J. Barr, as trustee, against Eva Sofranski.

No opinion. Motion granted, with $10 costs. Order filed.
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EXHIBIT 32.2



CERTIFICATION PURSUANT TO EXCHANGE ACT RULE 13a-14(b) AND 18 U.S.C. §1350



In connection with the annual report of Quantum Fuel Systems Technologies
Worldwide, Inc. (the Company) on Form 10-K for the fiscal year ended April 30, 2006 as filed with the Securities and Exchange Commission (the Report), I, William B. Olson, Chief Financial Officer and Treasurer of the Company,
hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods
indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



This Certification has not been, and
shall not be deemed, filed with the Securities and Exchange Commission for purposes of Section 18 of the Exchange Act or otherwise subject to the liability of that section.



|                    |  |  |  |                                                       
|------------------- |  |  |  | ------------------------------------------------------
|Date: July 27, 2006 |  |  |  |                                                       
|                    |  | 
|                    |  |  |  | /s/    WILLIAM B.
OLSON                               
|                    |  |  |  | William B. Olson Chief Financial Officer and Treasurer
# Chart

# Data

# Sheet1
**Exhibit 13.02**

 

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

 

In connection with the Annual Report of Genetic Technologies Limited (the “Company”) on Form 20-F for the fiscal year ended June 30, 2011, as filed with the U.S. Securities and Exchange Commission on the date hereof (the “Report”), I, Dr. Paul Donald Richard MacLeman, Chief Executive Officer, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the U.S. Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

 

(i)                  the Report fully complies with the requirements of Section 13(a) or 15(d) of the U.S. Securities Exchange Act of 1934; and

 

(ii)               the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 
|                                   |   |
|-----------------------------------|--------|
| Name: Dr. Paul D.R. MacLeman |   |
| Chief Executive Officer           |   |

 

 

November 21, 2011

 

----