alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

VICTOR DICKERSON,

Petitioner

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No. 295 EAL 2018

Petition for Allowance of Appeal from 

the Unpublished Memorandum and 

Order of the Superior Court at No. 

734 EDA 2016 (Bender, P.J.E., Olson, 

J., Ford Elliott, P.J.E.), entered on 

June 6, 2018, affirming the Judgment 

of Sentence of the Philadelphia 

County Court of Common Pleas at No. 

CP-51-CR-0012554-2014 (ThomasStreet, J.), entered on November 19, 

2015

DISSENTING STATEMENT

JUSTICE WECHT FILED: July 30, 2019

For the reasons outlined in my dissent in Commonwealth v. Santiago, ___ A.3d 

___, 2019 WL 2504317 (Pa. June 18, 2019) (Wecht, J., dissenting), and because I believe 

that Commonwealth v. Garvin, 293 A.2d 33 (Pa. 1972) should be overruled, I would grant 

the above-captioned petition for allowance of appeal. Petitioner raises the following 

issue:

Because the Superior Court’s reliance on Commonwealth v. Garvin and its 

unwavering rule that no out-of-court identification may ever be the fruit of 

the poisonous tree after an unlawful seizure stand in direct conflict with 

United States and Pennsylvania Supreme Court precedent, and because 

this Court has allowed appeal in Commonwealth v. Santiago, precisely to 

address whether Garvin is in conflict with the Fourth Amendment, must this 

appeal be allowed?

See Petition for Allowance of Appeal at 2. Because I believe that Garvin infringes upon 

the protections guaranteed by the Fourth Amendment to the United States Constitution 
[295 EAL 2018] - 2

and Article I, Section 8 of the Pennsylvania Constitution, the answer to Petitioner’s 

question may very well be “yes.” See Santiago, 2019 WL 3504317 (Wecht, J., 

dissenting). Further briefing would be required to fully analyze the issue. For these 

reasons, I would grant Petitioner’s petition for allowance of appeal.
EXHIBIT 31.2**CERTIFICATIONS**     I, Clarice Motter, certify that:     1. I have reviewed this quarterly report on Form 10-QSB of MicroMed Cardiovascular, Inc.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered 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 ofoperations and cash flows of the small business issuer as of, and for, the periods presented inthis report;     4. I am responsible for establishing and maintaining disclosure controls and procedures (asdefined 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 andprocedures to be designed under our supervision, to ensure that material information relating tothe small business issuer, including its consolidated subsidiaries, is made known to us by otherswithin 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 andprocedures and presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and          (c) Disclosed in this report any change in the small business issuer’s internal control overfinancial 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 hasmaterially affected, or is reasonably likely to materially affect, the small business issuer’sinternal control over financial reporting; and     5. I have disclosed, based on our most recent evaluation of internal control over financialreporting, to the small business issuer’s auditors and the audit committee of the small businessissuer’s board of directors (or persons performing the equivalent functions):          (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect the smallbusiness 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 asignificant role in the small business issuer’s internal control over financial reporting.Date: November 14, 2006         By:                /s/ Clarice Motter    Clarice Motter    Interim Chief Financial Officer
Exhibit 32.1




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





The undersigned 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 their knowledge, the Quarterly Report on Form 10-Q for the period ended September 30, 2009 of Convenientcast, Inc. (the “Company”) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.





Very truly yours,








/s/Kevin M. MurphyKevin M. MurphyChief Executive OfficerNovember 23, 2009/s/ Howard BouchHoward BouchChief Financial OfficerDated: November 23, 2009








A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Convenientcast, Inc. and will be furnished to the Securities and Exchange Commission or its staff upon request.
Jason P. STINSON, Petitioner v. UNITED STATES.

No. 18-1479

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
# C_2017403EN.01000501.xml

| 28.11.2017 | EN | Official Journal of the European Union | C 403/5 |
| --- | --- | --- | --- |

28.11.2017

EN

Official Journal of the European Union

C 403/5

---

Annual Report 2016

(2017/C 403/05)

On 17 May 2017, the European Ombudsman presented her Annual Report for the year 2016 to the President of the European Parliament.

The Annual Report is available on the European Ombudsman’s website in all 24 official languages at: http://www.ombudsman.europa.eu/en/activities/annualreports.faces

---
Judson A. LOVINGOOD, Petitioner, v. DISCOVERY COMMUNICATIONS, INC., et al.

No. 19-1247.

Supreme Court of the United States.

May 26, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
1... This proceeding arises out of Cause No. 341900, styled Miriam Joffe v. Leon Joffe, pending in the County

Court at Law No. 5, Bexar County, Texas, the Honorable David Rodriguez presiding.

i i i i i i

MEMORANDUM OPINION

No. 04-08-00842-CV

IN RE Leon JOFFE

Original Mandamus Proceeding1

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Rebecca Simmons, Justice

Delivered and Filed: December 10, 2008

PETITION FOR WRIT OF MANDAMUS DENIED

Leon Joffe seeks a writ of mandamus directing the presiding County Court judge to issue an

order granting his Motion to Suspend Enforcement of Judgment Pending Appeal by Alternative

Security in Lieu of Supersedeas Bond. Based on the documents attached to Joffe’s petition, the

motion was file-stamped on November 14, 2008, and appears to be set for a hearing on December

4, 2008. Although Joffe contends that the failure to immediately rule on his motion will permit the

real party in interest to execute on a writ of possession in the underlying lawsuit, a trial court has a

reasonable time to consider and rule on a pending motion. In re Bonds, 57 S.W.3d 456, 457
04-08-00842-CV

-2-

(Tex. App.—San Antonio 2001, orig. proceeding). Accordingly, Joffe’s petition for writ of

mandamus and emergency motion are denied.

PER CURIAM
EXHIBIT 32.2

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


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 Telewest Global, Inc. (the "Company") does hereby
certify, to such officer's knowledge, that:

This quarterly report on Form 10-Q for the period ending June 30, 2004
fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and the information contained in this
report fairly presents, in all material respects, the financial condition
and results of operations of the Company.

Dated: July 29, 2004


-------------------------
Neil Smith
Chief Financial Officer
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

2008-5017 

FOUR RIVERS INVESTMENT, INC., 

 

 Plaintiff-Appellant, 

v. 

UNITED STATES, 

Defendant-Appellee. 

 Robert L. Goldstein, Law Offices of Robert L. Goldstein, of San Francisco, 

California, argued for plaintiff-appellant. 

Teresa T. Milton, Trial Attorney, Appellate Section, Tax Division, United States 

Department of Justice, of Washington, DC, argued for defendant-appellee. With her on 

the brief were John A. Dicicco, Acting Assistant Attorney General, and Andrea R.

Tebbets, Attorney. 

Appealed from: United States Court of Federal Claims 

Judge Lynn J. Bush
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

 2008-5017 

FOUR RIVERS INVESTMENT, INC., 

 Plaintiff-Appellant, 

v. 

UNITED STATES, 

 Defendant-Appellee. 

 Judgment

ON APPEAL from the United States Court of Federal Claims 

in CASE NO(S). 06-CV-598 

This CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 Per Curiam (MICHEL, Chief Judge, LOURIE, and RADER, Circuit Judges). 

 

 AFFIRMED. See Fed.Cir.R.36. 

ENTERED BY ORDER OF THE COURT 

 

DATED August 4, 2009 /s/ Jan Horbaly 

Jan Horbaly, Clerk
Exhibit 32.1  Certification of CEO and CFO 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 on Form 10-Q
of Virgin Media Inc. and Virgin Media Investment Holdings Limited (the Registrants)
for the three months ended September 30, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the Report), Neil
Berkett, as Chief Executive Officer of the Registrants, and Charles K.
Gallagher, as Senior Vice President - Finance of the Registrants, each hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to the best of his 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 Registrants.   Date:  November 10, 2008
  
  By:
  /s/  NEIL
  BERKETTName:
  Neil BerkettTitle:
  Chief Executive OfficerDate:  November 10, 2008
  
  By:
  /s/ 
  CHARLES K. GALLAGHERName:
  Charles K. GallagherTitle:
  Senior Vice President - Finance   A signed original of this written statement required
by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the
Registrants and will be retained by the Registrants and furnished to the
Securities and Exchange Commission or its staff upon request.  This certification accompanies the Report pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to
the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the
Registrants for purposes of Section 18 of the Securities Exchange Act of
1934.
----

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| 1.     | The Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2012 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and, |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                                  |
| 2.     | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                  |
|   |                                                                                                                                                                                                                                                  |

| By:    | /s/    | KEVIN KREISLER                |   |   |
|--------|--------|-------------------------------|--------|--------|
|   |   | KEVIN KREISLER                |   |   |
|   |   | Chief Executive Officer       |   |   |
| Date:  |   | August 14, 2012               |   |   |
|   |   |                          |   |   |
| By:    | /s/    | EDWARD CARROLL                |   |   |
|   |   | EDWARD CARROLL                |   |   |
|   |   | Chief Financial Officer & |   |   |
|   |   | Chief Accounting Officer      |   |   |
| Date:  |   | August 14, 2012               |   |   |
|   |   |                          |   |   |

----
**Exhibit 32.2**

 

In connection with theQuarterly Report of Merisant Company (the “Company”) for the period ended March 31,2008 (the “Report”), the undersigned, as Vice President Finance, Controller ofthe Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
|        | /s/ Julie Wool                      |
|--------|-------------------------------------|
|   | Julie Wool                          |
|   | Vice President, Finance, Controller |
|   | (Principal Financial Officer)       |
|   | May 14, 2008                   |

 

1

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Hariz Belt Guzman PENA, Petitioner v. William P. BARR, Attorney General

No. 19-6129

Supreme Court of the United States.

December 9, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
Juan Gabriel ANGULO-CABRERA, Petitioner v. UNITED STATES

No. 19-6333

Supreme Court of the United States.

November 25, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
August 18, 2000

VIA EDGAR

Securities and Exchange Commission
Judiciary Plaza
450 Fifth Street, N.W.
Washington, D.C.  20549

RE:	Smith Barney Managed Municipals Fund (the
"Fund")
	File Nos. 2-69308 & 811-3097

Gentlemen:

Pursuant to Rule 497 (j) under the Securities Act of
1933, as amended, please accept this letter as
certification that (a)the Fund's prospectus, dated
June 28, 2000, as amended August 21, 2000, (b) the
statement of additional information, also dated June
28, 2000, as amended August 21, 2000, for the above
referenced Fund does not differ from that contained
in Post-Effective Amendment No. 36 filed on August
16, 2000.

Please return an electronic transmittal as evidence
of your receipt of this filing.

Any questions regarding this filing should be
directed to
the undersigned at (212) 816-5770.

Sincerely yours,


/s/ Michael Kocur
Michael Kocur
Assistant Secretary


Enclosure
EXHIBIT
32.1





Certification
of the Chief Executive Officer


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 K-Fed Bancorp (the “Company”) on Form
10-Q for the period ended September 30, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Kay M. Hoveland, 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 and in
connection with this quarterly report on Form 10-Q that:





1.
            The
      Report fully complies with the requirements of sections 13(a) or 15(d) of
      the Securities Exchange Act of 1934, as amended, and2.
            The
      information contained in the report fairly presents, in all material
      respects, the company’s financial condition and results of
      operations.











Date:
      November 9,
      2009
            /s/ K. M. HovelandK.
      M. HovelandPresident
      and Chief Executive Officer
([ourtof1\pp.cnlnIDtstridofilJ.cxnnntilnllasGeorgeL.AllenSr.CourtsBuilding600CommerceStreet,Suite200Dallas,Texas75202FM·-::;tCASE:05-13-01375-CVERl'JESTC.THIBODEAUX400N.ERVAYST.DALLAS,TX75201II.§"?Qs-1:<'::;;::;"..._,.,.,__,_,-z'.........................:,)PI1N£V021.A$00.48°0004359415APR01201MAILEDFROMZIPCODE752·:.ANI('-'l.!r:.-..:...·-·4o-·;;:;t-·-lJIJJ.I'''llllll'll'''lillll'l'll,ll'ltl""''llllli•I•JI""l''lNIX!Esc:::750?E0006/04/l4RETJRNTOSENDER-NOTTOFORWARD*l834-0l666-02-34'IiI\''l\III!'I''II,:dI!l''1,!i\!I,lI';:'!I'Iq!!l:li'1tl!!,!'!I
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

ROBERT KIRKSEY, JR.,

Petitioner

v.

CHILDREN'S HOSPITAL OF PITTSBURGH OF UPMC, UNIVERSITY OF PITTSBURGH PHYSICIANS, AND SATYANARAYANA GEDELA, M.D.,

Respondents :

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: No. 17 WAL 2020

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 23 rd day of June, 2020, the Petition for Allowance of Appeal is

GRANTED

, LIMITED TO the issue set forth below. Allocatur is DENIED as to all

remaining issues. The issue, as stated by petitioner, is:

(1) In an issue of first impression and of substantial public importance, whether the Superior Court’s holding directly conflicts with this Honorable Court’s holding in Mitchell v. Shikora , 209 A.3d 307 (Pa. June 18, 2019), which instructs that when evidence of general risks and complications is admitted in a medical negligence claim to establish the applicable standard of care a limiting instruction is warranted as was requested here but was denied by the trial court and glossed over by the Superior Court?
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6555
BRENT A. ROBINSON, Plaintiff - Appellant, versus STATE OF NORTH CAROLINA; RICK JACKSON, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:06-cv-000132) Submitted: May 18, 2006 Decided: June 1, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Brent A. Robinson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Brent A. Robinson appeals the district court’s order dismissing his civil action filed under 42 U.S.C. § 1983 (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. SeeRobinson v. North Carolina , No. 3:06-cv-000132 (W.D.N.C. Mar. 23, 2006). 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
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 MAY 30, 2012

JOHN LEY

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 11-12439 

Non-Argument Calendar

 ________________________

 D.C. Docket No. 1:10-cv-21887-JAL

JORGE LUIS TAPANES, 

llllllllllllllllllllllllllllllllllllllll Petitioner-Appellant,

versus

STATE OF FLORIDA, 

llllllllllllllllllllllllllllllllllllllll Respondent-Appellee.

________________________

 Appeal from the United States District Court

 for the Southern District of Florida

 ________________________

(May 30, 2012)

Before MARCUS, MARTIN and BLACK, Circuit Judges.

PER CURIAM:

Jorge Luis Tapanes, proceeding pro se, appeals the district court’s dismissal
of his 28 U.S.C. § 2254 federal habeas petition. We granted a certificate of

appealability (COA) on two issues: 1) whether the district court erred in failing to

construe Tapanes’s 28 U.S.C. § 2254 petition as a 28 U.S.C. § 2255 motion; and

2) whether, pursuant to 28 U.S.C. § 1631, the district court should have transferred

the petition, as construed, to the United States District Court for the Middle

District of Florida, where Tapanes’s federal criminal judgment was entered. 

Tapanes’s brief on appeal does not address either of these issues. As a

result, we conclude that Tapanes has abandoned them. See Timson v. Sampson,

518 F.3d 870, 874 (11th Cir. 2008) (“While we read briefs filed by pro se litigants

liberally, issues not briefed on appeal . . . are deemed abandoned.” (citations

omitted)). As for those issues that Tapanes has briefed, we cannot address them. 

Our precedent makes it clear that, under 28 U.S.C. § 2253(c)(3), our review is

“limited to the issues specified in the COA order.” Hodges v. Att’y Gen., State of

Fla., 506 F.3d 1337, 1340 (11th Cir. 2007). The judgment of the district court is

therefore

AFFIRMED. 

2
Delante L. LUNN, Petitioner, v. UNITED STATES.

No. 19-6865

Supreme Court of the United States.

January 13, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Exhibit 32.2  CERTIFICATION  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 10-K
of BioSphere Medical, Inc. (the Company) for the period ended December 31,
2007, as filed with the Securities and Exchange Commission on the date hereof
(the Report), the undersigned Martin J. Joyce, Chief Financial Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.  Dated: March 26, 2008
  /s/ MARTIN J. JOYCEMartin J. JoyceExecutive
  Vice President and Chief Financial Officer(principal
  financial officer)