alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third District Court of Appeal

State of Florida

Opinion filed January 17, 2018.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D17-1344

Lower Tribunal No. 97-29656

________________

Herby Luma a/k/a Ronet Bastien,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Daryl E.

Trawick, Judge.

Herby Luma a/k/a Ronet Bastien, in proper person.

Pamela Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant

Attorney General, for appellee.

Before SALTER, EMAS and FERNANDEZ, JJ.

FERNANDEZ, J.

Herby Luma, a/k/a Ronet Bastien, appeals the trial court’s rejection of his

motion to correct illegal sentence mailed to the clerk of the Eleventh Judicial
Circuit on May 25, 2017. We treat this appeal as a petition for a writ of

mandamus. The record in this case, at page 70, reflects a memorandum written by

a deputy clerk of the Eleventh Judicial Circuit explaining as follows:

The Record on Appeal will be prepared without the Motion to Correct

Sentence mailed to this office on May 25, 2017. A diligent search of

the court file was conducted and it could not be located because it was

returned to the defendant pursuant to the Order Prohibiting dated

September 13, 2016.

Although an order to show cause why the appellant should not be precluded

from further pro se filings was entered by the trial court, no order actually

precluding pro se filings was ever entered. The September 13, 2016 order simply

refers to a non-existent order that purportedly prohibited further pro se filings.

Thus, it appears that the clerk of the Eleventh Judicial Circuit erroneously rejected

the appellant’s motion.

On remand, the trial court shall consider and rule upon the appellant’s

motion, should he wish to re-transmit it to the trial court. We express no view as

to the merits of the motion. The trial court is not precluded from again entering an

order to show cause, if appropriate, and acting upon it based on the appellant’s

response, or lack thereof, by either entering an order prohibiting appellant from

filing any additional pleadings in the trial court unless signed by a member of the

2
Florida Bar in good standing, or by discharging the show cause order. See State v.

Spencer, 751 So. 2d 47 (Fla. 1999).

Petition granted.

3
COOPER v. BERGER, et al.

409PA17-1

Supreme Court of North Carolina.

December 19, 2018

Noah H. Huffstetler, III, Attorney at Law, D. Martin Warf, Attorney at Law, Raleigh, Candace S. Friel, Attorney at Law, For Berger, Philip E., et al.

Jim W. Phillips, Jr., Attorney at Law, Greensboro, Eric M. David, Attorney at Law, Raleigh, Daniel F.E. Smith, Attorney at Law, Greensboro, Grayson Kelley, Chief Deputy, For Cooper, Roy A. (III)

*443The following order has been entered on the motion filed on the 20th of September 2018 by Defendants to Strike Portions of Reply Brief:

"Motion Denied by order of the Court in conference, this the 19th of December 2018."
#### Steven E. FOSTER, Jr., Appellant, v. STATE of Missouri, Respondent.

No. WD 61445.

Missouri Court of Appeals, Western District.

July 29, 2003.

Andrew A. Schroeder, Kansas City, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John M. Morris, III, Richard A. Starnes, Jefferson City, MO, for Respondent.

Before PAUL M. SPINDEN, P.J., THOMAS H. NEWTON and RONALD R. HOLLIGER, JJ.

ORDER

PER CURIAM:

Mr. Stephen E. Foster, Jr. pled guilty to first-degree robbery pursuant to section 569.020 RSMo 2000 and armed criminal action pursuant to section 571.015 RSMo 2000, and was sentenced to concurrent terms of eighteen years for robbery and six years for armed criminal action. Mr. Foster’s counsel filed an amended motion *882for postconviction relief pursuant to Rule 24.035, which the motion court denied. For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(b).
**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 Actof 2002**

 

In connection with the Quarterly Report on Form 10-Q of GeneralNutrition Centers, Inc. (the “Company”), for the quarterly period ended September 30,2010 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), Joseph M. Fortunato, as Chief Executive Officer of the Company,and Michael M. Nuzzo, as Chief Financial Officer of the Company, each herebycertifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:

 

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

 

(2)        The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/ Joseph  M. Fortunato |                           |
|-------------------------------|--------------------------------|
| Name:                         | Joseph  M. Fortunato           |
| Title:                        | Chief  Executive Officer       |
|                          | (Principal  Executive Officer) |
| Date:                         | November 4,  2010         |
|                               |                                |  |

 

 
| /s/ Michael M. Nuzzo |                           |
|---------------------------|--------------------------------|
| Name:                     | Michael M. Nuzzo               |
| Title:                    | Chief  Financial Officer       |
|                      | (Principal  Financial Officer) |
| Date:                     | November 4,  2010         |
|                           |                                |  |

 

Thiscertification accompanies the Report pursuant to § 906 of the Sarbanes-OxleyAct of 2002 and shall not, except to the extent required by the Sarbanes-OxleyAct of 2002, be deemed filed by the Company for purposes of Section 18 ofthe Securities Exchange Act of 1934, as amended.

 

----
Exhibit 32.2

CERTIFICATION PURSUANT TO THE SARBANES-OXLEY
ACT18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

I, Jesus
Oliveras, Chief Financial Officer of U.S. Precious Metals, Inc. (the Company),
do 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 my knowledge:

1.          This
Quarterly Report on Form 10-Q of the Company for the period ended August 31,
2008 as filed with the Securities and Exchange Commission (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.

Date: February 17, 2009

|                               | 
|------------------------------ | 
|/s/ Jesus
 Oliveras            | 
|                               | 
|Jesus
 Oliveras,               | 
|Chief
 Financial Officer       | 
|(Principal
 Financial Officer) | 

---
EXHIBIT 32.2
                                                                    ------------


                             PLY GEM HOLDINGS, INC.

                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 Ply Gem Holdings, Inc. (the
Company) on Form 10-Q for the period ended July 2, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Shawn K.
Poe, Vice President, Chief Financial Officer, Treasurer and Secretary 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 results of operations of
      the Company.

 Date: August 15, 2004

                                                 /s/ Shawn K. Poe
                                      ------------------------------------------
                                                     SHAWN K. POE
                                       VICE PRESIDENT, CHIEF FINANCIAL OFFICER,
                                                TREASURER AND SECRETARY
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, 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.

 June 17, 2020

t0610

Order 

Clerk

June 17, 2020

160668-9

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 160668-9

COA: 342039; 342043

Macomb CC: 2016-000309-FH

JAMES CURTIS BECK, 2017-001376-FC

Defendant-Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the October 17, 2019 

judgment of the Court of Appeals is considered. We DIRECT the Macomb County 

Prosecuting Attorney to answer Issues I and XI in the application for leave to appeal 

within 28 days after the date of this order. The prosecution shall specifically address: 

(1) whether the defendant’s retrial in Docket No. 2016-000309-FH was a violation of 

double jeopardy principles; (2) if so, whether vacating his convictions in that case would 

also warrant a new trial, resentencing, or any other remedy in Docket No. 

2017-001376-FC; and (3) whether the trial court improperly imposed a mandatory 

minimum sentence of 25 years for an act of first-degree criminal sexual conduct (Count 

II) that was not charged as carrying such a minimum.

The application for leave to appeal remains pending.
STATE of North Carolina v. Jasmine Cherea GAINEY, Defendant.

No. COA17-1422

Court of Appeals of North Carolina.

Filed: September 18, 2018

NO ERROR.
**EXHIBIT 32.1**

 

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

 

In connection with theQuarterly Report of Aventine Renewable Energy Holdings, Inc. (the “Company”)on Form 10-Q for the period ending March 31, 2010 as filed with theSecurities and Exchange Commission (the “Report”), I, Thomas Manuel, ChiefExecutive Officer of Aventine Renewable Energy Holdings, Inc., certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

 

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

 

(2)           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

A signed original of thiswritten statement required by Section 906 has been provided to AventineRenewable Energy Holdings, Inc. and will be retained by Aventine RenewableEnergy Holdings, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

 

 
| Date: May 17, 2010 |   | /s/ Thomas Manuel       |
|-------------------------|--------|-------------------------|
|                    |   | Thomas Manuel           |
|                    |   | Chief Executive Officer |

 

1

----
STATE of North Carolina v. Harvey Lee GRADY

No. 250P18

Supreme Court of North Carolina.

October 24, 2018.

Craig M. Cooley, Attorney at Law, for Grady, Harvey Lee.

Ashish K. Sharda, Assistant Attorney General, for State of North Carolina.

Jon David, District Attorney, for State.

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 8th of August 2018 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 24th of October 2018."

Upon consideration of the petition filed on the 8th of August 2018 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 24th of October 2018."
EXHIBIT 12.1



                           AKI, INC. AND SUBSIDIARIES

                    COMPUTATION OF EARNINGS TO FIXED CHARGES
                             (dollars in thousands)


<TABLE>
<CAPTION>

                                     2004            2003           2002           2001           2000
                                     ----            ----           ----           ----           ----
<S>                               <C>            <C>            <C>            <C>            <C>
Income (loss) before
  income taxes                    $  12,794      $   9,279      $   9,825      $   7,389      $   3,587
Add:
Interest on all indebtedness
  which includes amortization
  of deferred financing costs        12,575         12,674         12,528         13,212         13,668
                                  ---------      ---------      ---------      ---------      ---------

Earnings available for fixed
  charges                            25,369         21,953         22,353         20,601         17,225
Fixed charges                        12,575         12,674         12,528         13,212         13,668
                                  ---------      ---------      ---------      ---------      ---------

Ratio of earnings to
fixed charges                          2.0x           1.7x           1.8x           1.6x           1.3x


</TABLE>
<PAGE>

February 22, 2002

Ronald J. Werhnyak
15831 South Lakeshore Dr.
Granger, IN 46530

Dear Mr. Werhnyak:

This letter will confirm our mutual agreement that the Employment Agreement
dated as of March 1, 2001 ("Employment Agreement") between you and National
Steel Corporation is hereby amended as follows, effective as of March 1, 2002:

1.   In the first line of Section 1.2, the words "Vice President, General
     Counsel and Secretary" shall be deleted and replaced with the words "Senior
     Vice President, General Counsel and Secretary."

2.   In Section 5.4(a), each reference to the words "1.75 times" shall be
     deleted and replaced with the words "2.00 times."

3.   In Section 5.4(a)(ii)(B), the words "35%" shall be deleted and replaced
     with the words "45%".

Except as herein specifically modified, the terms and conditions of the
Employment Agreement shall remain unchanged and in full force and effect.

If the terms of this letter are acceptable to you, please so signify by signing
in the space provided below.

Sincerely,

NATIONAL STEEL CORPORATION


By:
    -------------------------------------------------
         Hisashi Tanaka
         Chairman and Chief Executive Officer

Accepted and Agreed To:


-----------------------------------------------------
         Ronald J. Werhnyak
Exhibit 4.09

SCHEDULE OF OMITTED INSTRUMENTS OF AUTHORIZATION FOR THE USE OF RADIO FREQUENCY BLOCKS FOR 2G SERVICES

As these agreements are identical in every case except for their reference number and the sector covered by them, we have, for ease of reference, filed
only the relevant standard instrument of authorization approved by ANATEL and provided this schedule to indicate the authorizations that we have omitted from filing as exhibits to this annual report on Form 20-F.



|1. | Instrument of Authorization for the Use of Radio Frequency Blocks for 2G Services between ANATEL and TNL PCS S.A., No. 17/2007, dated December 7, 2007.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | Instrument of Authorization for the Use of Radio Frequency Blocks for 2G Services between ANATEL and TNL PCS S.A., No. 66/2008, dated September 8, 2008.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------



|3. | Instrument of Authorization for the Use of Radio Frequency Blocks for 2G Services between ANATEL and TNL PCS S.A., No. 67/2008, dated September 8, 2008.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------



|4. | Instrument of Authorization for the Use of Radio Frequency Blocks for 2G Services between ANATEL and 14 Brasil Telecom Celular S.A., No. 24/2004, dated May 3,
2004.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------



|5. | Instrument of Authorization for the Use of Radio Frequency Blocks for 2G Services between ANATEL and 14 Brasil Telecom Celular S.A., No. 25/2004, dated May 3,
2004.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------



|6. | Instrument of Authorization for the Use of Radio Frequency Blocks for 2G Services between ANATEL and 14 Brasil Telecom Celular S.A., No. 26/2004, dated May 3,
2004.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------
<PAGE>

                                                                    EXHIBIT 99.1

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

In connection with the Annual Report of First National Bancshares, Inc. (the
"Company") on Form 10-K for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on March 21, 2003 (the "Report"), I,
Francis I. duPont, III, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as enacted 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 results of
             operations of the Company.

/s/ Francis I. duPont, III

Francis I. duPont, III
Chief Executive Officer
March 27, 2003
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-17-00138-CV

IN THE INTEREST OF N.A.C. JR., J.A.C., and M.I.C., Children

From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2016PA00803

Honorable Charles E. Montemayor, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE MARTINEZ, AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, the trial court’s Order of Termination 

is AFFIRMED.

No costs of appeal are assessed against appellant because she is indigent.

SIGNED July 19, 2017.

_____________________________

Sandee Bryan Marion, Chief Justice
EXHIBIT 32.1

                           CERTIFICATIONS PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

In connection with the Annual Report of Entech Environmental Technologies,  Inc.
(the  "Company")  on Form 10-KSB for the period  ending  September  30, 2006, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I,  Burr D.  Northrop,,  Chief  Executive  Officer  of the  Company,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 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, as amended; and

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
          material respects, the financial condition and result of operations of
          the Company.

Dated:  January 16, 2007

/s/ Burr D. Northrop
-----------------------------------------
Burr D. Northrop, Chief Executive Officer
In the MATTER OF: H.H.

No. COA18-628

Court of Appeals of North Carolina.

Filed: November 20, 2018

AFFIRMED.
**EXHIBIT 31.1****SECTION 302 CERTIFICATION**I, George A. Burnett, certify that:1. I have reviewed this quarterly report on Form 10-Q of Dex Media, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant 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 informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand 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 registrant’s internal control over financialreporting that occurred during the registrant’s fourth fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors or (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’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 havea significant role in the registrant’s internal control over financial reporting.        Date: August 4, 2005 /s/ George A. Burnett   George A. Burnett   President and Chief Executive Officer