alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

March 8, 2011 

p0228 

Order 

 

March 8, 2011 

141409 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 141409 

 COA: 296995 

Kent CC: 05-012514-FC 

JACINTO PENA, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the May 21, 2010 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
Exhibit
        13a
 
 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 on
        Form 20-F of LiveReel Media Corporation for the year ended June 30, 2007,
        as
        filed with the Securities and Exchange Commission, I hereby 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
        annual 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 annual report fairly presents, in all material respects, the financial
        condition and results of operations of the registrant.
 
 
 Date:
 November
        30, 2007
 
 
 /s/
        Gregg
        Goldstein
 
 Gregg
        Goldstein
 Chief
        Executive 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 the Company and will be retained by the Company and
        furnished to the Securities and Exchange Commission or its staff upon
        request.
 
 
 
 
 
 
 Exhibit
        13a
 
 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 on
        Form 20-F of LiveReel Media Corporation. for the year ended June 30, 2007,
        as
        filed with the Securities and Exchange Commission, I hereby 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
        annual 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 annual report fairly presents, in all material respects, the financial
        condition and results of operations of the registrant.
 
 
 Date:
 November
        30, 2007
 
 
 /s/
        J.
        Stephen Wilson
 
 J.
        Stephen Wilson
 Chief
        Financial Officer & Corporate
        Secretary
 
 
 
 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 the Company and will be retained by the Company and
        furnished to the Securities and Exchange Commission or its staff upon
        request.
#### The People of the State of New York, Respondent, v Allen L. Lee, Appellant.

— Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered February 10, 1983, convicting him of burglary in the second degree, criminal mischief in the fourth degree, petit larceny, and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant’s trial was marred by a great deal of heated colloquy which took place between the trial court and both attorneys. The acrimony which developed between the court and counsel resulted in both attorneys being threatened with contempt sanctions. The prosecutor was, in fact, ordered at one point to spend the night in jail. This did not occur in the jury’s presence and, in fact, that order was subsequently rescinded. The trial court did not ask an inordinate amount of questions of witnesses so as to usurp the role of the prosecutor *(cf. People v Yut Wai Tom,*53 NY2d 44; *People v Buckheit,*95 AD2d 814). The exchanges between the court and counsel took place, in large measure, outside the presence of the jury. Also, the court was equally *805hostile in its remarks to both attorneys, and hence, the jury was not given the impression that the court had a bias in favor of one side or another *(cf. People v Moulton,*43 NY2d 944). Thus, the conduct of the trial court does not warrant reversal. We also find that the trial court did not abuse its discretion in connection with defendant’s pretrial *Sandoval*motion *(People v Sandoval,*34 NY2d 371). The evidence of guilt in this case is overwhelming, and the prosecutor’s reference to defendant’s use of heroin on the day of the crime, if error, was harmless *(People v Crimmins,*36 NY2d 230). Defendant’s challenge to the jury charge was not preserved for review *(People v Hoke,*62 NY2d 1022) and we are not inclined to review it in the interest of justice. O’Connor, J. P., Rubin, Lawrence and Eiber, JJ., concur.
<PAGE>

                                                                    Exhibit 32.1

                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     The undersigned, being the Chairman of Kinetek, Inc., an Illinois
corporation (the "Registrant"), hereby certifies that the Quarterly Report on
Form 10-Q (the "Quarterly Report") of the Registrant for the three months ended
March 31, 2006, which accompanies this certification, fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C.
Section 78m (a)) and that the information contained in the Annual Report fairly
presents, in all material respects, the financial condition and results of
operations of the Registrant.

Date: May 15, 2006


/s/ Thomas H. Quinn
-------------------------------------
Thomas H. Quinn
Chairman
Order entered Novem ber 20 , 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 14
- 00525
- CR MARK JOHN THEDE, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 296th Judicial District Court

Collin County, Texas Trial Cou rt Cause No. 296
- 82447
- 2012



### O RDER
The Court REINSTATES the appeal. On October 24, 2014, we ordered the trial court to make findings regarding why appellant’s brief had not been filed. On November 18, 2014, we received appellant’s brief, together with an extension motion. Therefore, in the interest of expediting the appeal, we
VACATE the October 24, 2014 to the extent it requires findings. The October 24, 2014 order also required the trial court to prepare and file a certification of appellant’s right to appeal. See T EX
. R. A PP
. P. 25.2(a), (d); Cortez v. State , 420 S.W.3d 803 (Tex. Crim. App. 2013). We have not yet received the certificationAccordingly, we ORDER the trial court to file, within FIFTEEN DAYS of the date of

this order, a completed certif ication of appellant’s right to appeal that accurately reflects the trial court proceedings.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable John Roach, Jr., Presiding Judge, 296th Judicial District Court; th e Collin County District Clerk; and to counsel all parties.

/s/ ADA BROWN JUSTICE
#### CARL WENNER, PLAINTIFF-PETITIONER, v. HENRY O. GRYNER *ET AL.,*DEFENDANTS-RESPONDENTS.

*Mr. Norman J. Gurrie*and *Mr. 8am Weiss*for the petitioner.

Mr. *Joseph F. Mattice*for the respondents.

May 4, 1960.

Denied.
##### 



EXHIBIT C
 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; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date:March 30, 2007
    
    Signed Frederic J. GreenFrederic J. GreenPresident and Chief Executive Officer  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: March 30, 2007
    
    Signed Michael R. LambertMichael R. LambertExecutive Vice President and
Chief Financial Officer C-1




---



##### 



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; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: March 30, 2007
    
    Signed Frederic J. GreenFrederic J. Green, President andChief Executive Officer  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: March 30, 2007
    
    Signed Michael R. LambertMichael R. LambertExecutive Vice President and
Chief Financial Officer C-2
Exhibit 32

SECTION 906 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF

FINANCIAL OFFICER

Statement

Solely for the purposes of complying with 18
U.S.C.§1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief Executive Officer and the Chief Financial Officer of Sonic Foundry, Inc. (the Company), hereby certify, based on our
knowledge, that the Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2009 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that
information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |                         
|------------------ |  | ------------------------
|Dated: May 7, 2009
|                   | 
|By:                |  | /s/ Rimas P. Buinevicius
|By:                |  | Rimas P. Buinevicius    
|Title:             |  | Chief Executive Officer 
|                   | 
|By:                |  | /s/ Kenneth A. Minor    
|By:                |  | Kenneth A. Minor        
|Title:             |  | Chief Financial Officer 



29
#### UNITED STATES of America, Plaintiff-Appellee, v. Yonel Jean BAPTISTE, Defendant-Appellant.

No. 10-15864

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Aug. 8, 2011.

Anne R. Schultz, Wifredo A. Ferrer, Aimee Carmen Jimenez, Kathleen M. Sal-yer, U.S. Attorney’s Office, Miami, FL, for Plaintiff-Appellee.

Beatriz Galbe Bronis, Kathleen M. Williams, Federal Public Defender’s Office, Miami, FL, Ricardo Javier Bascuas, University of Miami School of Law, Coral Gables, FL, for Defendant-Appellant.

Before HULL, PRYOR and KRAVITCH, Circuit Judges.

PER CURIAM:

Yonel Jean Baptiste appeals his sentence of 151 months of imprisonment for two counts of bank robbery and one count of attempted bank robbery. 18 U.S.C. § 2113(a). Baptiste challenges his classification as a career offender based on his prior conviction for resisting an officer with violence. We affirm.

The district court did not err by classifying Baptiste as a career offender. Baptiste’s prior conviction qualifies as a “crime of violence” either as an offense that “has as an element the use, attempted use, or threatened use of physical force against the person of another,” United States Sentencing Guidelines Manual § 4B1.2(a)(l), or that “otherwise involves conduct that presents a serious potential risk of physical injury to another,” *id.*§ 4B1.2(a)(2). *965Under Florida law, a defendant is guilty of resisting an officer with violence if he “knowingly and willfully resists, obstructs, or opposes any officer ... by offering or doing violence to the person of such officer.” Fla. Stat. § 843.01. Based on its plain language, Baptiste’s prior conviction constitutes a “ ‘felony that involves the use or threat of physical force or violence against an individual,’ ” *Harris v. State,*5 So.3d 750, 751 (Fla.Dist.Ct.App.2009) (quoting *Walker v. State,*965 So.2d 1281, 1283 (Fla.Dist.Ct.App.2007)), and involves the type of violent physical force sought to be punished under section 4B1.2(a)(l), *see Johnson v. United States,*559 U.S. -, 130 S.Ct. 1265, 1271, 176 L.Ed.2d 1 (2010), and under the residual clause in section 4B1.2(a)(2), *see United States v. Nix,*628 F.3d 1341, 1342 (11th Cir.2010) (holding that a conviction under section 843.01 constituted a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)).

We AFFIRM Baptiste’s sentence.
[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Notices]
[Page 32075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12647]


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

POSTAL SERVICE


Product Change--Priority Mail Negotiated Service Agreement

AGENCY: Postal Service\TM\.

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: June 16, 2021.

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

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
June 2, 2021, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Contract 703 to Competitive Product List. 
Documents are available at www.prc.gov, Docket Nos. MC2021-95, CP2021-
98.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2021-12647 Filed 6-15-21; 8:45 am]
BILLING CODE 7710-12-P
#### PEOPLE v. BRAND et al.

(Supreme Court, Appellate Division, First Department.

April 12, 1912.)

Proceeding by the People of the State of New York against Wolf Brand and another. No opinion. Motion to dismiss appeal granted, unless appellants comply with terms stated in order. Order filed.
**Exhibit 32 (i)**

CERTIFICATION SECTION 1350

In connection with the Quarterly Report of Penns Woods Bancorp, Inc.(the “Company”) on Form 10-Q for the period ending June 30, 2007, as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Ronald A. Walko, Chief Executive Officer, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

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

(2)                                  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.
| /s/ Ronald A. Walko     |   |
|-------------------------|--------|
| Ronald A. Walko         |
| Chief Executive Officer |
|                    |
| August 7, 2007          |

 

----
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 13, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41630 Summary Calendar

SCOTT SAMUEL MONROE,

Petitioner-Appellant,

v. UNITED STATES OF AMERICA,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:04-CV-389

-------------------- Before SMITH, WIENER, and OWEN, Circuit Judges. PER CURIAM: * Scott Samuel Monroe appeals the district court’s denial of his petition for a writ of error coram nobis. Monroe sought coram nobis relief from his 1988 guilty-plea conviction for tax evasion. Monroe asserted in his petition that he discovered for the first time in February 2004 that a critical element of the offense to which he pleaded guilty was an intent to defeat or avoid taxes. Monroe asserted that his conviction was a miscarriage of justice because the district court failed to ascertain whether he had suchNo. 05-41630 -2- intent and because he did not, in fact, have such intent. He asserted that a writ of coram nobis was the appropriate remedy for his claim because he was not aware of the claim until his sentence

was completely served and because he continued to suffer civil disabilities flowing from his felony conviction. On appeal, Monroe challenges the district court’s determination that he failed to show that he exercised reasonable diligence in seeking relief and had failed to show that unless relief was granted, there would be a complete miscarriage of justice. He argues that the record affirmatively demonstrates he did not have the required intent. The district court was free to reject Monroe’s unsworn, self-serving assertions in favor of his

sworn affidavit and statements under oath. See Blackledge v. Allison, 431 U.S. 63, 74 (5th Cir. 1977). Monroe thus fails to show an error resulting in a complete miscarriage of justice. See United States v. Dyer , 136 F.3d 417, 422, 430 (5th Cir. 1998). Further, Monroe has failed to offer sound reasons for his failure to seek relief earlier. Id. The district court did not abuse its discretion in denying the petition. AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS OF AVATEX CORPORATION FOR THE
THREE MONTHS ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          30,085
<SECURITIES>                                       957
<RECEIVABLES>                                    8,018
<ALLOWANCES>                                        27
<INVENTORY>                                          0
<CURRENT-ASSETS>                                40,984
<PP&E>                                          27,228
<DEPRECIATION>                                   1,795
<TOTAL-ASSETS>                                 115,512
<CURRENT-LIABILITIES>                            7,805
<BONDS>                                         27,299
<PREFERRED-MANDATORY>                          221,787
<PREFERRED>                                          0
<COMMON>                                        69,032
<OTHER-SE>                                   (223,289)
<TOTAL-LIABILITY-AND-EQUITY>                   115,512
<SALES>                                          2,576
<TOTAL-REVENUES>                                 2,576
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 505
<INCOME-PRETAX>                                (2,564)
<INCOME-TAX>                                        18
<INCOME-CONTINUING>                            (2,582)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
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<NET-INCOME>                                   (2,582)
<EPS-PRIMARY>                                   (0.68)
<EPS-DILUTED>                                   (0.68)
        

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<PAGE>
                                                                    Exhibit 99.2



                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 Quinton Cardiology Systems, Inc.
(the Company) on Form 10-K for the fiscal year ended December 31, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I,
Michael K. Matysik, 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 result of operations
            of the Company.


Date: March 18, 2003                       /s/ Michael K. Matysik
                                           -----------------------------------
                                           Name:  Michael K. Matysik
                                           Title: Chief Financial Officer