alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In the Matter of: Kenneth Kelly DUVALL v. STATE of North Carolina, et al.

No. 372P17

Supreme Court of North Carolina.

January 24, 2018.

Daniel P. O'Brien, Special Deputy Attorney General, David Learner, District Attorney, for State of North Carolina.

Kenneth Kelly Duvall, for Duvall, Kenneth Kelly.

***ORDER***

The following order has been entered on the motion filed on the 6th of November 2017 by Petitioner for Injunctive Relief and De Novo Review and Answers to Constitutional Questions:

"Motion Denied by order of the Court in conference, this the 24th of January 2018."

The following order has been entered on the motion filed on the 6th of November 2017 by Petitioner to Appoint Counsel:

"Motion Dismissed as moot by order of the Court in conference, this the 24th of January 2018."

The following order has been entered on the motion filed on the 6th of November 2017 by Petitioner to Proceed In Forma Pauperis:

*762"Motion Allowed by order of the Court in conference, this the 24th of January 2018."

Upon consideration of the application filed by Petitioner on the 22nd of January 2018 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Burke County:

"Denied by order of the Court in conference, this the 24th of January 2018."
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 96-20085 

Summary Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

JAMES EDWARD JOHNSON,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CR-H-95-149-3

- - - - - - - - - -

November 11, 1996

Before JONES, DeMOSS and PARKER, Circuit Judges.

PER CURIAM:*

James Edward Johnson appeals his convictions for conspiracy

to commit mail and wire fraud, using a fictitious name in

connection with mail fraud, and money laundering and aiding and

abetting in the commission of mail fraud. He contends that the

Government failed to prove beyond a reasonable doubt that he was

a knowing participant in the fraudulent telemarketing scheme. 

Our review of the record and the arguments and authorities
No. 96-20085

-2-

convinces us that no reversible error was committed. The

evidence was sufficient for a reasonable jury to find Johnson

guilty beyond a reasonable doubt. See United States v. Krenning,

93 F.3d 1257, 1265 (5th Cir. 1996). 

AFFIRMED.
Exhibit 32.1

Written Statement of the Chief Executive Officer

Pursuant to 18 U.S.C. §1350

Solely for the purposes of complying with 18 U.S.C. §1350, I, the undersigned Chief
Executive Officer of Regency Centers Corporation, hereby certify, based on my knowledge, that the Annual Report on Form 10-K of Regency Centers Corporation for the year ended December 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 Regency Centers
Corporation.

Date: February 26, 2010



|                        
|------------------------
|/s/ Martin E. Stein, Jr.
|Martin E. Stein, Jr.    
|Chief Executive Officer
**EXHIBIT 32.2**




**CERTIFICATION
      OF CHIEF FINANCIAL OFFICER**


**ANSWERS
      CORPORATION**


**FORM 10-Q/A
      FOR THE QUARTER ENDED JUNE 30, 2007**


**PURSUANT
      TO 18 U.S.C. SECTION 1350, AS ADOPTED**


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




I
      am the
      Chief Financial Officer of Answers Corporation, a Delaware corporation (the
      “Company”). I am delivering this certificate in connection with the
      Form 10-Q/A of the Company for the quarter ended June 30, 2007 and filed
      with the Securities and Exchange Commission (“Form 10-Q/A”).




Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
      the Form 10-Q/A fully complies with the requirements of
      Section 13(a) or Section 15(d) of the Securities Exchange
      Act of 1934 and that the information contained in the Form 10-Q/A fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.




Date:
                August 23, 2007
            
            /s/ STEVEN
              STEINBERGSteven
                SteinbergChief
                Financial Officer
              (Principal
                Financial Officer)
Exhibit 32.1

Certification of Chief Executive Officer Pursuant to 18 U. S. C. Section 1350, as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. § 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of THOMAS PROPERTIES GROUP, INC. (the Company) hereby certifies, to such officers knowledge, that:



| | (i) | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, 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 as of the dates and for the
periods expressed in the Report.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                        
|--------------------- |  | -----------------------
|Dated: August 9, 2007 |  | /s/ James A. Thomas    
|                      |  | James A. Thomas        
|                      |  | Chief Executive Officer

The foregoing certification is being furnished solely pursuant to 18 U.S.C § 1350 and shall
not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended or incorporated by reference in any registration statement of the Company filed under the Securities Act of 1933, as amended.

A signed original 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 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 this annual  report on Form 10-KSB of CFB  Bancshares,
Inc., I, Charles E. Allen,  Jr.,  Chief  Executive  Officer of State of Franklin
Bancshares,  Inc., certify, 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 this report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of State of Franklin Bancshares, Inc.

Date:  March 26, 2004                         /s/ Charles E. Allen, Jr.
                                              ----------------------------------
                                              Charles E. Allen, Jr.
                                              Chief Executive Officer (principal
                                              accounting and financial officer)
Table of Contents

Exhibit32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEYACT OF 2002

In connection with the Quarterly Report onForm 10-Q of MortgageIT Holdings, Inc. (the‘‘Company’’) for the quarterly period endedJune  30,  2006 as filed with the Securities and ExchangeCommission on the date hereof (the‘‘Report’’), Doug W. Naidus, as Chairmanand Chief Executive Officer of the Company, hereby certifies, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of hisknowledge:

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

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition andresults of operations of theCompany.

|        |  |  |                                                                 |
|--------|--|--|-----------------------------------------------------------------|
| By:    |  |  | /s/DOUG W. NAIDUS                                               |
|   |  |  | Doug W. Naidus Chairmanand Chief Executive OfficerAugust 8,2006 |
|        |

This certification accompanies theReport pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 andshall not, except to the extent required by the Sarbanes-Oxley Act of2002, be deemed filed by the Company for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended.

A signedoriginal of this written statement required by Section 906 of theSarbanes-Oxley Act of 2002 has been provided to the Company and will beretained by the Company and furnished to the Securities and ExchangeCommission or its staff uponrequest.

----
**Exhibit 32.2**

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

In connection withthe Quarterly Report of WPT Enterprises, Inc. (the “Company”) on Form 10-Q forthe period ended April 1, 2007 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Scott A. Friedman, ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1.  The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2.  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Date: May 10, 2007 | /s/Scott A. Friedman    |
|--------------------|-------------------------|
|               | Scott A. Friedman       |
|               | Chief Financial Officer |

 

----
---

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

I, John Boschert, the Chief Executive Officer and Chief
Financial Officer of Clyvia Inc. (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 Quarterly Report on Form 10-Q of the Company, for the
      fiscal quarter ended October 31, 2008, 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/ John
      Boschert                                  
| | ------ | ---------------------------------------------------------
| |        |                                                          
| | Name:  | JOHN BOSCHERT                                            
| |        |                                                          
| | Title: | Chief Executive Officer and Chief Financial
      Officer
| |        |                                                          
| | Date:  | December 19, 2008                                        

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

This certification accompanies the Form 10-Q 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 Company under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-Q), irrespective of any general
incorporation language contained in such filing.

---
No. 17,471.

#### Bernard E. Teets, Executive Director, et al. *v.*Lee T. Richardson as Western Commission Company.

(284 P. [2d] 233)

Decided May 31, 1955.

Rehearing denied June 20, 1955.

*593Mr. Duke W. Dunbar, Attorney General, Mr. Frank A. Wachob, Deputy Attorney General, Mr. Henry E. Zarlengo, Assistant Attorney General, for plaintiffs in error.

Mr. Graham Susman, Mr. Hyman D. Landy, for defendant in error.

*En Banc.*

Mr. Justice Bradfield

delivered the opinion of the Court.

Plaintiffs in error, hereinafter referred to as the department, seek reversal of the judgment of the trial court in favor of plaintiff Richardson for refund of moneys allegedly erroneously assessed against and paid by plaintiff to the defendant as unemployment compensation liability.

Under the circumstances here presented, a detailed statement of the facts is unnecessary*. Final disposition of the case might be had either (1) by dismissal of the writ of error because of failure of compliance with the pertinent rules of procedure, or (2) upon the merits. While we might pursue the first with propriety, we choose the latter.

The record on error, upon which the case is submitted, contains only the pleadings filed by the parties and the findings and judgment of the trial court. No transcript of the evidence presented is before us and no exhibits are attached. On behalf of the department it is contended that the record on error, as made, is sufficient to justify our reversal of the judgment of the trial court as a matter of law. This, in effect, is but a belated attempt to procure entry of judgment on the pleadings. Plaintiff’s complaint, however, contains no statement that might be construed as warranting the entry of judgment against him as a matter of law. Apparently this *594view was adopted at the time of trial as no such motion was interposed, but the cause proceeded to trial on its merits. The issues before the trial court were whether or not the department’s assessment of the contribution was erroneously made, the amount thereof, and the liability of plaintiff therefor. The trial court heard and considered the evidence and its findings and judgment are presumed to be supported by the evidence unless found erroneous on the record.

It is contended, however, that the findings of the trial court are insufficient as a matter of law to support its judgment and that said findings are not in accord with the law. If the judgment is right, it must be affirmed regardless of the findings. A determination of the issue raised by this contention may be made by us only by a review of the evidence upon which the judgment is based, and this we cannot accomplish because of lack of the transcript. We are foreclosed, for instance, of attempting to construe the documents offered as Exhibits D and F, or the Form F-6, all referred to in the trial court’s findings, or to determine the effect thereof because none thereof are before us. Without a transcript of the evidence the presumption is that the judgment is supported by the evidence.

The judgment is affirmed.
STATE v. Zachary BLANKENSHIP

131P18-1

Supreme Court of North Carolina.

May 3, 2018

Mark Montgomery, Attorney at Law, for Blankenship, Zachary Allen.

Tracy Nayer, Assistant Attorney General.

Anne M. Middleton, Special Deputy Attorney General, David Learner, District Attorney, for State of North Carolina

The following order has been entered on the motion filed on the 2nd of May 2018 by State of NC for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 3rd of May 2018."
I 

113TH CONGRESS 

2D SESSION H. R. 4542 

To amend the Internal Revenue Code of 1986 to extend expensing of 

environmental remediation costs. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2014 

Ms. ESTY (for herself, Mr. BISHOP of New York, and Mr. GIBSON) introduced 

the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

expensing of environmental remediation costs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brownfields Redevelop5 ment Tax Incentive Reauthorization Act of 2014’’. 

6 SEC. 2. EXTENSION OF EXPENSING OF ENVIRONMENTAL 

7 REMEDIATION COSTS. 

8 (a) IN GENERAL.—Section 198(h) of the Internal 

9 Revenue Code of 1986 is amended by striking ‘‘December 

10 31, 2011’’ and inserting ‘‘December 31, 2018’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 4542 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply to expenditures paid or incurred 

3 after December 31, 2011. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
<PAGE>   1



                                                                   EXHIBIT 24.06

                               RED ROOF INNS, INC.

                           ANNUAL REPORT ON FORM 10-K

                             DIRECTORS AND OFFICERS
                                POWER OF ATTORNEY


KNOW ALL MEN BY THESE PRESENTS, that the undersigned director of Red Roof Inns,
Inc., a Delaware corporation (the "Company"), hereby: (1) constitutes and
appoints David N. Chichester and/or Alan L. Tallis, collectively and
individually, as his agent and attorney-in-fact, with full power of substitution
and re-substitution, to (a) sign and file Form 10-K for Red Roof Inns, Inc. on
his behalf and in his name, place, and stead in any and all capacities with
respect to the registration under the Securities Exchange Act of 1934, pursuant
to Section 13 or 15(d), (b) sign and file any and all amendments, including
post-effective amendments, and exhibits to Form 10-K, (c) sign and file any and
all applications or other documents to be filed with the Securities and Exchange
Commission covered by the Form 10-K, and (d) do and perform any and all other
acts and deeds whatsoever that may be necessary or required in the premises; and
(2) ratifies and approves any and all actions that may be taken pursuant hereto
by any of the above-named agents and attorneys-in-fact or their substitutes.

IN WITNESS WHEREOF, the undersigned director of the Company has hereunto set his
hand as of the 16th day of March, 1998.




                               /s/ OWEN D. THOMAS
                               ---------------------------
                               Owen D. Thomas



                                       59
Converted by EDGARwiz


Exhibit 4.14
















CONSENT OF SIMON HÉBERT







Reference is made to the Annual Report on Form 40-F for the year ended February 28, 2013 (the “Annual Report”) of Virginia Mines Inc. (the “Company”), filed with the U.S. Securities and Exchange Commission.




I, Simon Hébert, participated in the preparation of the technical report entitled “Technical Report and Recommendations, Reconnaissance and Trenching Program, Ashuanipi Project, Québec” completed in March 2012 (the “Report”), concerning mineralized material in the Ashuanipi property for the Company. Portions of the Report are summarized under headings “Item III – Description of the Business – 3.6.4 Geological Setting; 3.6.5 Exploration and Drilling; and 3.6.6 Mineralization” in the Annual Information Form of the Company for the year ended February 28, 2013 (included as Exhibit 1 of the Annual Report, which Exhibit is incorporated by reference herein). 




I hereby consent to the inclusion of the foregoing written disclosure and to the references to such disclosure and to my name under the foregoing heading and to all other references to such disclosure and to my name included or incorporated by reference in the Annual Report.







Very truly yours,













			
	/S/ Simon Hébert

	 
	 

	Name:

Simon Hébert

Geologist in training

	 
	 









May 13, 2013