alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## 2008 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit
4-28-2008 

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## F o l lo w thi s a nd a dd it ion al work s at : h tt p://d i g it alc ommon s .l a w . v i l l a no va . e du/thir dc ir c uit_2008

Thi s de c i sion i s br ou gh t t o you for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit at V i l l a no va U nive r sit y S choo l of L a

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## Re c omme nde d C it at ion

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w . v i l l a no va . e du/thir dc ir c uit_2008/1318

# THIS DOCUMENT HAS BEEN REMOVED FROM THE REPOSITORY
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

ZACHARY TAYLOR ZEMAN , Appellant s ,

v.

STATE OF FLORIDA , Appellee s

.

No. 4D 17

- 2995

[ March 7, 2018 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Jeffrey J. Colbath , Judge; L.T. Case No. 50

- 2006

- CF

001948

- BX X X

- MB

.
Robert A. Herce of Herce & Herce, P.A., Tampa

, for appellant

.
Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General

, West Palm Beach, for appe llee.

P ER C URIAM

.
We reverse the trial court’s order summarily denying appellant’s motion for postconviction relief and remand for further proceedings. We agree with appellant that the trial court erred in summarily denying his claim of newly discovered evidence without co nducting an evidentiary hearing. See Nordelo v. State , 93 So. 3d 178 (Fla. 2012). We express no opinion on the merits.

Reversed and remanded.

G ERBER , C.J., G ROSS and C ONNER , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
##### 



EXHIBIT 31.1 CERTIFICATION PURSUANT TO 
SECTION
302 OF THE SARBANES-OXLEY ACT OF 2002 I, Josh Emanuel, certify that: 1.  I have reviewed this Annual Report on Form 10-KSB of DataWave Systems, 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.  The small business issuers other certifying officer(s) 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)) for the small business issuer 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 small business issuer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 fiscal year ended March 31, 2005 covered by this
report based on such evaluation; and (c)  Disclosed in this report any change in the small business issuers internal control over
financial reporting that occurred during the small business issuers most recent fiscal quarter
(the small business issuers fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the small business issuers
internal control over financial reporting; and 5.  The small business issuers other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the small business issuers
auditors and the audit committee of the small business issuer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 small business
issuer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 small business issuers internal control over financial reporting.  Date:
    June 29th, 2005By:

/s/ Josh
EmanuelJosh EmanuelChairman and Chief Executive Officer
**Exhibit 13 (b)****CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**Pursuant to 18 U.S.C. Section 1350, as adopted by section 906 of the Sarbanes-Oxley Act of2002, the undersigned officer of Lihir Gold Limited (the “company”) hereby certifies that:(i) The accompanying annual report on Form 20-F of the company for the annual periodended December 31, 2007 (the “report”) fully complies with the requirements of section 13(a)or 15(d) of the Securities Exchange Act of 1934; and(ii) The information contained in the report fairly represents, in all material respects,the financial condition and results of operations of the company.A signed original of this statement has been provided to the company and will be retained by thecompany and furnished to the Securities and Exchange Commission or its staff upon request./s/  Phil Baker
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF2002**

 

The undersigned, Greg Linn, hereby certifies,pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(a)	the quarterly reporton Form 10-Q of Premier Holding Corporation for the period ended September 30, 2015 fully complies with the requirements of section13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(b)	information containedin the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Avant Diagnostics,Inc.

 

By: */s/ Randall Letcavage	*

Randall Letcavage

President and Chief Executive Officer

(Principal Executive Officer)

Date: November 23, 2015
**Exhibit 32.2**

** **

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002**

** **

The undersigned, Randall Letcavage, herebycertifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.               the quarterly report on Form 10-Q of Premier Holding Corporation for the period ended September 30, 2016 fully complieswith the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

2.               information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results ofoperations of Premier Holding Corporation.

 

By: */s/ Randall Letcavage          *

Randall Letcavage

Chief Financial Officer

(Principal Financial Officer and Principal Accounting Officer)

Date: November 14, 2016
# C_2019255EN.01005101.xml

| 29.7.2019 | EN | Official Journal of the European Union | C 255/51 |
| --- | --- | --- | --- |

29.7.2019

EN

Official Journal of the European Union

C 255/51

---

Action brought on 7 June 2019 — Decathlon v EUIPO — Athlon Custom Sportswear (athlon custom sportswear)

(Case T-349/19)

(2019/C 255/64)

Language of the case: English

Parties

Applicant: Decathlon (Villeneuve-d’Ascq, France) (represented by: A. Cléry and C. Devernay, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Athlon Custom Sportswear P.C. (Kallithea, Greece)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark athlon custom sportswear — Application for registration No 16 162 596

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 27 March 2019 in Case R 1724/2018-2

Form of order sought

The applicant claims that the Court should:

| — | grant its request; |
| --- | --- |

—

grant its request;

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | confirm the opposition decision of 6 July 2018 in case No B 002879164; |
| --- | --- |

—

confirm the opposition decision of 6 July 2018 in case No B 002879164;

| — | refuse the registration of the mark athlon custom sportswear No 016162596; |
| --- | --- |

—

refuse the registration of the mark athlon custom sportswear No 016162596;

| — | order EUIPO to pay the costs of the proceedings, including those incurred in the appeal proceedings. |
| --- | --- |

—

order EUIPO to pay the costs of the proceedings, including those incurred in the appeal proceedings.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub., L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:

      ( print page 40882)    

# NAME AND COMMITTEE CODE:

 Astronomy and Astrophysics Advisory Committee (#13883) (Zoom Videoconference).

# DATE AND TIME:

 

September 28, 2021; 10:00 a.m.-4:00 p.m.

September 29, 2021, 10:00 a.m.-4:00 p.m.

# PLACE:

 National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314 (Zoom Videoconference).

                        Attendance information for the meeting will be forthcoming on the website:                         *https://www.nsf.gov/​mps/​ast/​aaac.jsp*.                    

# TYPE OF MEETING:

 Open.

# CONTACT PERSON:

 Dr. Martin Still, Program Director, Division of Astronomical Sciences, Suite W 9188, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314; Telephone: 703-292-4290.

# PURPOSE OF MEETING:

 To provide advice and recommendations to the National Science Foundation (NSF), the National Aeronautics and Space Administration (NASA) and the U.S. Department of Energy (DOE) on issues within the field of astronomy and astrophysics that are of mutual interest and concern to the agencies.

# AGENDA:

To hear presentations of current programming by representatives from NSF, NASA, DOE and other agencies relevant to astronomy and astrophysics; to discuss current and potential areas of cooperation between the agencies; to formulate recommendations for continued and new areas of cooperation and mechanisms for achieving them.

Dated: July 23, 2021.

Crystal Robinson,

Committee Management Officer.

[FR Doc. 2021-16114 Filed 7-28-21; 8:45 am]

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<PAGE>

                                   Exhibit 23


                                BDO Seidman, LLP
                      1900 Avenue of the Starts, 11th Floor
                              Los Angeles, CA 90067


               Consent of Independent Certified Public Accountants


Entrada Networks, Inc.
San Diego, California


We hereby consent to incorporation by reference in the Registration Statements
(Nos. 333-62289, 333-52947, 333-12315 and 333-51850) on Form S-8 of Entrada
Networks, Inc. (formerly Sync Research, Inc.) of our report, dated March 2,
2001, relating to the consolidated balance sheets of Entrada Networks, Inc. and
subsidiaries as of January 31, 2001 and 2000, and the related consolidated
statements of operations, stockholders' equity, and cash flows for the years
ended January 31, 2001, 2000 and 1999, which report appears in the January 31,
2001 annual report on Form 10-K of Entrada Networks, Inc.



                                                         BDO SEIDMAN, LLP

Los Angeles, California
May 4, 2001
#### The People of the State of New York, Respondent, v Terry L. Holmes, Appellant.

[946 NYS2d 363]

*1422Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), rendered August 11, 2008. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and criminal possession of a weapon in the third degree (§ 265.02 [1]), defendant contends that County Court erred in refusing to suppress the gun that he discarded while fleeing from the police. We reject that contention. It is well settled that “a defendant’s flight in response to an approach by the police, combined with other specific circumstances indicating that the suspect may be engaged in criminal activity, may give rise to reasonable suspicion, the necessary predicate for police pursuit” *(People v Sierra,*83 NY2d 928, 929 [1994]; *see People v Gray,*77 AD3d 1308, 1308 [2010]). Here, the police received a 911 call reporting that three black males were engaged in suspicious activity, i.e., they had emerged from behind the house of the caller’s sister and entered a blue vehicle. The responding officer, who arrived at the scene within a few minutes of the call, observed defendant driving away in the vehicle described in the 911 call with two other black males. When the officer turned to follow defendant’s vehicle in his marked police car, the vehicle abruptly swerved out of the driving lane and toward the curb. The passenger front door opened, the vehicle struck the curb and the two passengers jumped out of the vehicle as it rolled along the curb. At that point, the officer pulled behind the vehicle and activated his lights, whereupon defendant jumped out of the vehicle as it rolled and the officer pursued defendant on foot. Contrary to defendant’s contention, we conclude that the information provided by the 911 caller, together with defendant’s conduct in driving the vehicle into a curb, abandoning the moving vehicle and fleeing on foot in response to observing the marked police car, provided the officer with the requisite reasonable suspicion to pursue defendant *(see People v Martinez,*59 AD3d 1071, 1072 [2009], *lv denied*12 NY3d 856 [2009]; *People v Johnson,*19 AD3d 1163, 1164 [2005], *lv denied*5 NY3d 829 [2005]).

Contrary to defendant’s further contention, the sentence is not unduly harsh or severe, particularly in light of his criminal *1423history and the nature of the offense. Present — Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.
Case 1:02-cr-00200 Document 1434 Filed 05/07/10 Page 1 of 2
Case 1:02-cr-00200 Document 1434 Filed 05/07/10 Page 2 of 2
#### CERF, Respondent, v. NEW YORK CITY RY. CO., Appellant.

(Supreme Court, Appellate Division, First Department.

November 8, 1907.)

Action by Josephine Cerf against the New York City Railway Company. C. F. Brown, for appellant. N. Ottinger, for respondent.

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $5,000, in which event judgment, as so reduced, and order, affirmed, without costs. ■ Settle order on notice.

HOUGHTON, J., dissents and votes for reversal.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### F LORIDA



### S ECOND 

### D ISTRICT

DANIEL ARTHUR WHITE

,

Appellant

,

v.

STATE OF FLORIDA

,

Appellee.

No. 2D 2023

- 2237

August 7, 2024

Appeal pursuant to Fla. R. App. P. 9.1 41(b)(2) from the Circuit Court for

Hillsborough County; Robin F. Fuson , Judge.

Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for

Appellant

P ER C URIAM

.

Affirmed.

KELLY

, BLACK , and SMITH

, JJ., Concur.

Opinion subject to revision prior to official publication.
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 Kentucky Bancshares, Inc. (the
"Company") on Form 10-K for the period ended December 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Gregory J. Dawson, 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 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/ Gregory J. Dawson____
                              Chief Financial Officer

                              March 28, 2008

A signed original of this written statement required by Section 906 has been
provided to Kentucky Bancshares, Inc. and will be retained by Kentucky
Bancshares, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.



71
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