alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Mario Durant, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered December 29, 1986, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to *758suppress statements made by him to law enforcement authorities.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

Initially, we reject the defendant’s contention that his inculpatory statement to the police was the product of custodial interrogation, and that he was incapable of effectively waiving his *Miranda*rights because of his allegedly subnormal intelligence. The hearing court’s determination to the contrary is supported by the record and should not be disturbed *(see, People v Williams,*62 NY2d 285; *People v Hayes,*127 AD2d 607; *People v Armstead,*98 AD2d 726).

However, reversal is required by the trial court’s submission, over the defendant’s objection, of a verdict sheet which included allegations mirroring the language of the indictment with respect to each crime charged *(see,*CPL 310.20 [2]; *People v Nimmons,*72 NY2d 830; *People v Pugh,*150 AD2d 734; *People v McKenzie,*148 AD2d 472; *cf., People v Moore,*71 NY2d 684).

Upon retrial, separate trials should be granted to the defendant and the codefendant to avoid a violation of the holding of *Cruz v New York*(481 US 186).

In light of our determination we do not reach the defendant’s remaining contentions. Hooper, J. P., Spatt, Harwood and Rosenblatt, JJ., concur.
Topical Fire Report Series June 2021 | Volume 21, Issue 3

At a Glance

Civilian Fire Fatalities in Residential 

Buildings (2017-2019)

Annually, from 2017 to 2019, 

an estimated 

2,770

civilian fire fatalities

resulted from 1,900 fatal fires 

in residential buildings.

From 2017 to 2019, civilian fire 

fatalities in residential buildings 

accounte d for 7 7 % of all 

estimated fire fatalities.

Thermal burns and smoke 

inhalation were the primary 

symptoms leading to death, 

accounting for 89% of all fatalities 

in residential building fires.

Bedrooms, at 50%, were the 

leading specific location where 

civilian fire fatalities occurred in 

residential buildings.

The time period from 11 p.m. 

to 7 a.m. accounted for 49% of 

civilian fire fatalities in residential 

buildings and 46% of fatal fires 

in residential buildings.

At the time of their deaths, 37% 

of fire victims in residential 

buildings were trying to escape; 

an additional 31% were sleeping.

“Other 

unintentional, 

careless” actions

(19%)

and

“smoking”

(13%)

were the leading causes of fatal 

fires in residential buildings.

Males accounted for 58% of 

civilian fire fatalities in residential 

buildings; females accounted for 

42% of civilian fire fatalities in 

residential buildings.

Adults aged 50 to 69 accounted 

for 36% of civilian fire fatalities 

in residential buildings.

The topical reports are designed to explore facets of the U.S. fire problem as depicted through data collected in the U.S. Fire Administration’s National 

Fire Incident Reporting System. Each topical report briefly addresses the nature of the specific fire or fire-related topic, highlights important findings 

from the data, and may suggest other resources to consider for further information.

To read the full report, visit usfa.fema.gov.

National Fire Data Center

16825 S. Seton Ave.

Emmitsburg, MD 21727

usfa.fema.gov
**Exhibit 12.1**

 

**CERTIFICATION**

 

I, Charles A Vehlow, certify that: 

 

1. I have reviewed this amendment to the annual report on Form 20-F/A of Metal Storm Limited (the “Report”); 

 

2. Based on my knowledge, this Report does not contain any untrue statement of a materialfact 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 includedin this Report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this Report; 

 

4. The company’s other certifying officers 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 company 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 registrant, includingits 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 theeffectiveness 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 period covered by theReport that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and 

 

5. The company’s other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to thecompany’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent function): 

 

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonablylikely 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 overfinancial reporting. 

 

Date: September 8, 2004
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7467

ALONZA JAMES GEORGE, JR.,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director of the Virginia

Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District

Judge. (CA-96-341-2)

Submitted: April 16, 1998 Decided: April 29, 1998

Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Alonza James George, Jr., Appellant Pro Se. Mary Kathleen Beatty

Martin, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.

1998). We have reviewed the record and the district court's opinion

accepting the recommendation of the magistrate judge and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. George v. Angelone, No. CA-96-341-2 (E.D. Va. Sept.

18, 1997). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6028 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6028

 To amend the Endangered Species Act of 1973 to prohibit treatment of 
     the Gray Wolf as an endangered species or threatened species.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

Mr. Edwards of Texas introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Endangered Species Act of 1973 to prohibit treatment of 
     the Gray Wolf as an endangered species or threatened species.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON TREATMENT OF GRAY WOLF AS AN ENDANGERED 
              SPECIES OR THREATENED SPECIES.

    Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)) is amended by adding at the end the following new paragraph:
    ``(4) The Gray Wolf (Canis lupus) shall not be treated as an 
endangered species or threatened species for purposes of this Act.''.
                                 <all>
```
<PAGE>
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 On2 Technologies, Inc. (the
"Company") on Form 10-QSB for the period ended March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Mark J.
Meagher, Executive Vice President and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. Section. 1350, as adopted pursuant 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
aspects, the financial condition and results of operations of the Company.

                            /s/ Mark J, Meagher
                            Mark J. Meagher
                            Executive Vice President and Chief
                            Financial Officer
                            On2 Technologies, Inc.
                            August 13, 2003





                                      -27-
* Pursuant to Local Rule 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 Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 96-30799

_________________

KENNETH J. GUILBEAUX,

Plaintiff-Appellant,

versus

GRAND CASINOS, INC.; GRAND CASINOS OF

LOUISIANA, INC.-COUSHATTA; GRAND CASINOS OF

LOUISIANA, INC.-TUNICA-BILOXI; and KEVIN KEAN,

Defendants-Appellees.

Appeal from the United States District Court

For the Western District of Louisiana

(95-CV-1167)

April 7, 1997

Before EMILIO M. GARZA, PARKER, and DENNIS, Circuit Judges.

PER CURIAM:*

Plaintiff Kenneth J. Guilbeaux sued Grand Casinos, Inc., Grand

Casinos of Louisiana, Inc.-Coushatta, Grand Casinos of Louisiana,

Inc.-Tunica-Biloxi, and Kevin Kean (“the defendants”) alleging

violation of (1) certain provisions of the Sherman and Clayton

Acts, 18 U.S.C. §§ 1, 2, 15, and 22; (2) the Racketeer Influenced

and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq.;

and (3) Louisiana law regarding unfair competition and trade
-2-

practices as well as defamation. The defendants moved to dismiss

the federal claims for failure to state a claim pursuant to Rule

12(b)(6) of the Federal Rules of Civil Procedure and also requested

that the court decline to exercise supplemental jurisdiction over

the pendent state claims under 28 U.S.C. § 1367(c)(3). The

district court granted the motions. 

On appeal, Guilbeaux contends that the district court erred in

dismissing his antitrust and RICO claims. In reviewing a district

court's dismissal for failure to state a claim under Rule 12(b)(6),

we accept all factual allegations in the pleadings as true and

examine whether the allegations state a claim sufficient to avoid

dismissal. Kansa Reins. Co. v. Congressional Mortgage Corp., 20

F.3d 1362, 1366 (5th Cir. 1994). We may uphold a Rule 12(b)(6)

dismissal only if it appears that, under any set of facts that

could be proven consistent with the allegations in the pleadings,

no relief could be granted. Id. While we must accept all factual

allegations as true, we need not resolve unclear questions of law

in favor of the plaintiff. Grisham v. United States, 103 F.3d 24,

25 (5th Cir. 1997).

For the reasons given by the district court, we AFFIRM the

judgment below.
#### ILLINOIS CENT. R. CO. v. COMFORT.

(Circuit Court of Appeals, Fifth Circuit.-

October 6, 1913.)

No. 2459.

In Error to the District Court of the United States fordhe Northern District of Mississippi; Henry C. Niles, Judge. Action at law by A. G. Comfort against the Illinois Central Railroad Company. Judgment for plaintiff, and defendant brings error.

Affirmed.

Edw. Mayes, of Jackson, Miss., for plaintiff in error.

Mareellus Green and Garner W. Greeh, both of Jackson, Miss., for defendant in error.

Before PARDEE, Circuit Judge, and SHEPPARD and FOSTER, District Judges.

PER CURIAM.

A majority of the judges being of opinion that this ease was correctly ruled in the court below, the judgment of the District Court-is 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 Nationwide Life Insurance Company (the Company) on Form 10-K for the period ending
December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Timothy G. Frommeyer, Senior Vice President  Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
§1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                                        |  | 
|----------------------------------------------------------------------------------------------------------------------- |  | 
|March 1, 2010                                                                                                          
|                                                                                                                       
|/s/ Timothy G. Frommeyer                                                                                               
|Name: Timothy G. Frommeyer                                                                                             
|Title: Senior Vice President and Chief Financial Officer (Principal Financial Officer and Principal Accounting Officer)

A signed original of this written statement required by Section 906 has been provided to Nationwide Life Insurance Company and will be retained by Nationwide Life Insurance
Company and furnished to the Securities and Exchange Commission or its staff upon request.
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.                  

###### Department of Defense

###### Department of the Army 

In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following Committee Meeting:

*Name of Committee:*                         Army Science Board (ASB).                    

*Date of Meeting:*                         May 18, 2001.                    

*Time of Meeting:*                         0730-1700, May 18, 2001.                    

*Place:*                         US Army Night Vision Laboratory 399, Ft. Belvoir Virginia.                    

*Agenda:*                         The Army Science Board's (ASB) panel is conduction a series of panel discussions and a study on “Knowledge Based Management and Information Reliability” to exam innovative ways of addressing technology issues that have the potential to “weight down” our future Warfighters with massive amounts of data. These meetings will be open to the public. Any interested person may attend, appear before, or file statements with the committee at the time and in the manner permitted by the committee. For further information, please contact Mr. Randy Woodson, Office of the DA DCSINT, 703 604 2462, randy.woodson@hqha.army.mil.                    

Wayne Joyner,

Executive Assistant, Army Science Board.

[FR Doc. 01-11116  Filed 5-2-01; 8:45 am]

BILLING CODE 3710-08-M
**BMC**
| **BMC Industries, Inc.**One Meridian Crossings, Suite 850  Minneapolis, MN 55423  Website:  www.bmcind.com |
|-----------------------------------------------------------------------------------------------------------------|

** **NEWS RELEASE

**BMCINDUSTRIES, INC. ANNOUNCES ORGANIZATIONAL CHANGES**
| CONTACT:  BRAD CARLSON                                                                                                                   | (NYSE:  BMM)      |
|-----------------------------------------------------------------------------------------------------------------------------------------------|------------------------|
|                      (952)  851-6020 | FOR  IMMEDIATE RELEASE |

November 19, 2001 - Minneapolis,Minnesota - BMC Industries, Inc. (NYSE: BMM) today announced that Kathleen P. Pepski has elected to resign fromher position as Senior Vice President and Chief Financial Officer of BMCIndustries, Inc., effective November 30, 2001. Ms. Pepski joined BMC in her current position in April 2000.

Curt Petersen, Executive VicePresident, Finance and Administration of BMC's Optical Products group, willserve as the Chief Financial Officer of BMCeffective December 1, 2001.  Mr.Petersen has served in his current position since he joined the Company inAugust 2001.  Before joining BMC, Mr.Petersen served as Senior Vice President and Chief Financial Officer ofRivertown Trading Company and later of Target.Direct Inc.  Prior to that, he served in numerousexecutive positions in finance, accounting and operations with Rosemount, Inc.,a division of Emerson Electric Company, and Diversified Energies, Inc., wherehe served as Senior Vice President and Chief Financial Officer of this $800Million publicly-traded holding company prior to its merger into Arkla, Inc.

BMC Industries, founded in 1907, is comprised of twobusiness segments: Buckbee-Mears and Optical Products.  The Buckbee-Mears group, through its MaskOperations, is the only independent North American manufacturer of aperturemasks.  The Buckbee-Mears group, throughits Micro-Technology Operations, is also a leading producer of a variety ofprecision photo-etched and electroformed components that require fine featuresand tight tolerances.

TheOptical Products group, operating under the Vision-Ease trade name, is aleading designer, manufacturer and distributor of polycarbonate, glass andhard-resin plastic eyewear lenses. Vision-Ease is a technology and market share leader in the polycarbonatelens segment of the market. Polycarbonate lenses are thinner and lighter than lenses made of othermaterials, while providing inherent ultraviolet (UV) filtering and impactresistant characteristics.

BMC Industries, Inc. istraded on the New York Stock Exchange under the ticker symbol"BMM."  For more informationabout BMC Industries, Inc., visit the Company's Web site at www.bmcind.com

-30-
[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Notices]
[Pages 21992-21993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10920]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Deafness and Other Communication Disorders; 
Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material,

[[Page 21993]]

and personal information concerning individuals associated with the 
grant applications, the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy.

    Name of Committee: Communication Disorders Review Committee.
    Date: June 20-22, 2001.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Governor's House, 1615 Rhode Island Avenue, NW, 
Washington, DC 20036.
    Contact Person: Melissa Stick, PhD, MPH, Scientific Review 
Administrator, Scientific Review Branch, Division of Extramural 
Research, NIDCD/NIH, 6120 Executive Blvd., Bethesda, MD 20892, 301-
496-8683.

(Catalogue of Federal Domestic Assistance Program Nos. 93.173, 
Biological Research Related to Deafness and Communicative Disorders, 
National Institutes of Health, HHS)

    Dated: April 25, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-10920 Filed 5-1-01; 8:45 am]
BILLING CODE 4140-01-M