alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### JURGEN SCHRADER, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 16608

March 5, 1986

714 P.2d 1008

*Fadgen, Lovell, Bilbray, Potter and Gewerter,*Las Vegas, for Appellant.

*Brian McKay,*Attorney General, Carson City; *Mark D. Tor-vinen,*District Attorney, *John S. McGimsey,*Deputy District Attorney, Elko County; *James Wilson,*Reno, for Respondent.

OPINION

*Per Curiam:*

This is an appeal from a judgment of conviction for one count each of commission of a fraudulent act and conspiracy to cheat at gaming. The details of the alleged crimes are not important here, for the conviction was tainted by the closing argument remarks of the prosecutor and must now be reversed.

Our decision in this case turns on a single issue: Whether certain comments made by the prosecutor during closing argument amounted to misconduct warranting reversal. When presented with this question in the past we have not hesitated to reverse a conviction if the comments were so egregious as to deny the defendant a fair trial. *See, e.g.,*Collier v. State, 101 Nev. 473, 705 P.2d 1126 (1985).

The complained of comments in the instant case occurred during the prosecutor’s closing argument:

> *65[By Mr. McGimsey, the prosecutor]: Give us credit for our ace in-the-hole-here, Mr. Hochdorf. Mr. Hochdorf indicated that we didn’t get — we, of course, have access to our information that didn’t come out in trial and can’t present that too—

> MR. POTTER: Objection, Your Honor.

> THE COURT: Don’t argue anything that was not put in evidence, Mr. McGimsey.

> MR. McGIMSEY: I am not. Is it not true that we have access to things that are not in the trial?

> THE COURT: I don’t know. That’s why you can’t bring it up. You can’t do that.

> MR. McGIMSEY: What I’m saying, we have access to things that are not available, so we can’t really get into that about what happened before.

Comments by a prosecutor such as those made in this case have the effect of diverting the jury’s attention from its proper purpose. They serve to give the jury a verbal wink and nod indicating that the state has some other or secret evidence against the defendant which for some reason it was not allowed to present. A defendant has a right to a verdict based on the evidence admitted at trial. Remarks by a prosecutor which imply that the state is possessed with further incriminating evidence impair that right. State v. Kassabian, 69 Nev. 146, 243 P.2d 264 (1952).

The harmful effect of the comments in the instant case was compounded because the prosecutor twice repeated them after being admonished by the trial court that, “You can’t do that.” By repeating the comment the prosecutor served only to make certain that the matter was firmly impressed in the minds of the jurors.

The state has argued that this error was harmless and should not be grounds for reversal. We cannot agree. The character of this error, the prosecutor’s persistence in twice repeating it, and the relative strength of evidence of guilt lead us to conclude that the error was not harmless. Judgment of conviction is reversed.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the
undersigned officers of W&T Offshore, Inc. (the Company), hereby certifies, to the best of his knowledge, that the Companys Quarterly Report on Form 10-Q for the period ended March 31, 2011 fully complies with the
requirements of Section 13(a) or 15(d) of the Exchange Act and that information contained in such Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                     |  |  |  |                                                   
|-------------------- |  |  |  | --------------------------------------------------
|Date: April 27, 2011 |  |  |  | /s/ TRACY W. KROHN                                
|                     |  |  |  | Tracy W. Krohn                                    
|                     |  |  |  | Chief Executive Officer                           
|                     |  | 
|Date: April 27, 2011 |  |  |  | /s/ JOHN D. GIBBONS                               
|                     |  |  |  | John D. Gibbons                                   
|                     |  |  |  | Senior Vice President, Chief Financial Officer and
|                     |  |  |  | Chief Accounting Officer
<PAGE>

                          INDEPENDENT AUDITOR'S CONSENT


Roseland Oil and Gas, Inc.
Garland, Texas

We hereby consent to the use in the 10KSB filing of our report dated September
22, 1999, relating to the financial statements of Roseland Oil and Gas, Inc.
for the years ended June 30, 1999 and 1998, which are contained in that
filing.

We also consent to the reference to us under the caption "Experts".


                                       /s/ Weaver and Tidwell, L.L.P.
                                       ------------------------------
                                       WEAVER AND TIDWELL, L.L.P.

Dallas, Texas
October 13, 1999
Exhibit 32.1





Certification of Chief Executive Officer and Chief Financial Officer


Pursuant to


18 U.S.C. Section 1350





In connection with the Quarterly Report on Form 10-Q of Ares Capital Corporation (the “Company”) for the quarter ended March 31, 2018 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), R. Kipp deVeer, as Chief Executive Officer of the Company, and Penni F. Roll, as Chief Financial Officer of the Company, each hereby certifies, 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 his or her knowledge:





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





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


Date: May 2, 2018/s/ R. KIPP DEVEERR. Kipp deVeerChief Executive Officer (principal executive officer)Date: May 2, 2018/s/ PENNI F. ROLLPenni F. RollChief Financial Officer (principal financial officer)





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Ares Capital Corporation and will be retained by Ares Capital Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5373 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5373

                 For the relief of Allan Bolar Kelley.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2010

  Mr. Waxman introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
                 For the relief of Allan Bolar Kelley.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR ALLAN BOLAR KELLEY.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Allan Bolar Kelley shall be 
eligible for issuance of an immigrant visa or for adjustment of status 
to that of an alien lawfully admitted for permanent residence upon 
filing an application for issuance of an immigrant visa under section 
204 of such Act or for adjustment of status to lawful permanent 
resident.
    (b) Adjustment of Status.--If Allan Bolar Kelley enters the United 
States before the filing deadline specified in subsection (c), he shall 
be considered to have entered and remained lawfully and shall, if 
otherwise eligible, be eligible for adjustment of status under section 
245 of the Immigration and Nationality Act as of the date of the 
enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Allan Bolar Kelley, the 
Secretary of State shall instruct the proper officer to reduce by 1, 
during the current or next following fiscal year, the total number of 
immigrant visas that are made available to natives of the country of 
the alien's birth under section 203(a) of the Immigration and 
Nationality Act or, if applicable, the total number of immigrant visas 
that are made available to natives of the country of the alien's birth 
under section 202(e) of such Act.
    (e) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Allan Bolar 
Kelley shall not, by virtue of such relationship, be accorded any 
right, privilege, or status under the Immigration and Nationality Act.
                                 <all>
```
**Exhibit 10.7**

**Xerium Technologies, Inc.**

**Description of Compensation for Non-ManagementDirectors**

Non-management directors receive an annual retainer of $112,000, which will be paid pursuant to the Xerium Technologies, Inc.Directors’ Deferred Stock Unit Plan. Under the plan, 50% of the retainer will be paid in the form of a grant of deferred stock units. Non-management directors will be given the opportunity to elect to receive the remainder of such retainer indeferred stock units or in cash. Please see the Directors’ Deferred Stock Unit Plan for additional information. 

The chair of the AuditCommittee also receive additional cash compensation at an annual rate of $10,000 per year, and the chair of the Compensation Committee, the chair on of the Nominating and Governance Committee, and the Lead Independent Director each receiveadditional cash compensation at an annual rate of $5,000 per year. Directors are also reimbursed for out-of-pocket expenses for attending board and committee meetings.
Exhibit 21
 
 Subsidiary
    
    Jurisdiction
    
    % OwnedStatSpin, Inc.
    
    Massachusetts
    
    100%Iris Global Network, Inc.
    
    Delaware
    
    100%Poly U/A Systems, Inc.
    
    Delaware
    
    100%Advanced Digital Imaging
Research, LLC
    
    Texas
    
    100% owned by Stat Spin, Inc.Iris Diagnostics France S.A.
    
    France
    
    100% owned by Iris Global Network, Inc.Iris Deutschland GmbH
    
    Germany
    
    100% owned by Iris Global Network, Inc.Iris Molecular Diagnostics, Inc.
    
    Delaware
    
    100%Iris International Europe GmbH
    
    Switzerland
    
    100% owned by Iris Global Network, Inc.Iris International Deutschland
    
    Germany
    
    100% owned by Iris International
Europe GmbHIris Diagnostics (UK) Ltd.
    
    United Kingdom
    
    100% owned by Iris International
Europe GmbHArista Molecular, Inc.
    
    Delaware
    
    100%
II 

111TH CONGRESS 

2D SESSION H. R. 5139 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2010 

Received 

AN ACT 

To provide for the International Organizations Immunities 

Act to be extended to the Office of the High Representative in Bosnia and Herzegovina and the International 

Civilian Office in Kosovo. 

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


tjames on DSKG8SOYB1PROD with BILLS
2 

HR 5139 RDS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Extending Immunities 

3 to the Office of the High Representative in Bosnia and 

4 Herzegovina and the International Civilian Office in 

5 Kosovo Act of 2010’’. 

6 SEC. 2. AUTHORITY TO EXTEND THE PROVISIONS OF THE 

7 INTERNATIONAL ORGANIZATIONS IMMUNI8 TIES ACT TO THE OFFICE OF THE HIGH REP9 RESENTATIVE IN BOSNIA AND HERZEGOVINA 

10 AND THE INTERNATIONAL CIVILIAN OFFICE 

11 IN KOSOVO. 

12 The International Organizations Immunities Act (22 

13 U.S.C. 288 et seq.) is amended by adding at the end the 

14 following new section: 

15 ‘‘SEC. 17. The provisions of this title may be ex16 tended to the Office of the High Representative in Bosnia 

17 and Herzegovina (and to its officers and employees) or 

18 the International Civilian Office in Kosovo (and to its offi19 cers and employees) in the same manner, to the same ex20 tent, and subject to the same conditions, as such provi21 sions may be extended to a public international organiza22 tion in which the United States participates pursuant to 

23 any treaty or under the authority of any Act of Congress 

24 authorizing such participation or making an appropriation 

25 for such participation. Any such extension may provide for 

26 the provisions of this title to continue to extend to the 


tjames on DSKG8SOYB1PROD with BILLS
3 

HR 5139 RDS 

1 Office of the High Representative in Bosnia and 

2 Herzegovina (and to its officers and employees) or the 

3 International Civilian Office in Kosovo (and to its officers 

4 and employees) after that Office has been dissolved.’’. 

5 SEC. 3. BUDGET COMPLIANCE. 

6 The budgetary effects of this Act, for the purpose of 

7 complying with the Statutory Pay-As-You-Go Act of 2010, 

8 shall be determined by reference to the latest statement 

9 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

10 Act, submitted for printing in the Congressional Record 

11 by the Chairman of the House Budget Committee, pro12 vided that such statement has been submitted prior to the 

13 vote on passage. 

Passed the House of Representatives May 19, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


tjames on DSKG8SOYB1PROD with BILLS
Exhibit 32.1



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

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



In connection with Annual Report of IRIS International, Inc. (the Company) on Form 10-K for the period ending December 31, 2005 as filed
with the Securities and Exchange Commission on the date thereof (the Report), I, Cesar M. Garcia, 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, that, to the best of my knowledge:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the end of the period covered
by the Report and results of operations of the Company for the period covered by the Report.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: March 3, 2006



|                       
|-----------------------
|/s/ CESAR M. GARCIA    
|Cesar M. Garcia        
|Chief Executive Officer



This certification shall not be deemed
filed for purposes of Section 18 of the Securities Exchange Act of 1934, or the Exchange Act, or otherwise subject to the liability of Section 18 of the Exchange Ace. Such certification shall not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933 or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
<PAGE>
                                                                    EXHIBIT 32.1


                                CERTIFICATION OF
                             CHIEF EXECUTIVE OFFICER
                        OF MISSION RESOURCES CORPORATION

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, and accompanies the annual report on Form 10-K
(the "FORM 10-K") for the year ended December 31, 2003 of Mission Resources
Corporation (the "ISSUER").

I, Robert L. Cavnar, the Chief Executive Officer of the Issuer, certify that:

         (i)      the Form 10-K fully complies with the requirements of section
                  13(a) or section 15(d) of the Securities Exchange Act of 1934
                  (15 U.S.C. 78m(a) or 78o(d)); and

         (ii)     the information contained in the Form 10-K fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Issuer.

         Dated:  March 8, 2004                          /s/ Robert L. Cavnar
                                                        --------------------



Subscribed and sworn to before me
this 8th day of March 2004


/s/ Carmen M. Garcia
--------------------

Notary Public in and for the
State of Texas

My commission expires: May 15, 2006



A signed original of this written statement required by Section 906 has been
provided to Mission Resources Corporation and will be retained by Mission
Resources Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.
**Exhibit 32.2**

**CERTIFICATIONPURSUANT TO18 U. S. C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Vistula CommunicationsServices, Inc. (the “Company”) on Form 10-QSB for the periodended March 31, 2006 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, George R. Vaughn, Chief Financial Officerof the Company, certify, to my best knowledge and belief, pursuant to 18U.S.C.§ 1350, adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,that:

1)               the Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2)               the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.
|        | /s/ GEORGE R. VAUGHN    |
|--------|-------------------------|
|   | George R. Vaughn        |
|   | Chief Financial Officer |

 

Dated: May 22, 2006

A signed original of this written statement required by Section 906,or other document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to VistulaCommunications Services, Inc. and will be retained by VistulaCommunications Services, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

----
Exhibit 23.2


             Consent of Ernst & Young LLP, Independent Auditors

We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-81697) pertaining to the 1998 Long Term Stock Incentive Plan
and 1998 Executive Officer Incentive Plan, in the Registration Statement (Form
S-8 No. 333-33564) pertaining to the 1998 Long Term Stock Incentive Plan, as
amended, and 1998 Executive Officer Incentive Plan, as amended, and in the
Registration Statement (Form S-8 No. 333-55522) pertaining to the 2000 Stock
Incentive Plan of Zilog Inc., of our report dated January 26, 2001, with
respect to the 2000 and 1999 consolidated financial statements and schedule of
Zilog Inc. included in this Annual Report (Form 10-K) for the year ended
December 31, 2001.

                                                      /s/ Ernst & Young LLP


San Jose, California
April 9, 2002
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED CONDENSED BALANCE SHEET, STATEMENTS OF EARNINGS AND CASH FLOWS AND
ACCOMPANYING NOTES AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS AND NOTES.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          FEB-28-1997
<PERIOD-END>                               AUG-31-1996
<CASH>                                           5,315
<SECURITIES>                                         0
<RECEIVABLES>                                  167,845
<ALLOWANCES>                                     9,468
<INVENTORY>                                    256,471
<CURRENT-ASSETS>                               475,141
<PP&E>                                         351,241
<DEPRECIATION>                                 123,630
<TOTAL-ASSETS>                                 837,731
<CURRENT-LIABILITIES>                          288,710
<BONDS>                                        203,154
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,184
<OTHER-SE>                                     294,488
<TOTAL-LIABILITY-AND-EQUITY>                   837,731
<SALES>                                      1,260,572
<TOTAL-REVENUES>                             1,260,572
<CGS>                                        1,076,487
<TOTAL-COSTS>                                1,076,487
<OTHER-EXPENSES>                                82,004
<LOSS-PROVISION>                                 2,376
<INTEREST-EXPENSE>                               8,918
<INCOME-PRETAX>                                  4,625
<INCOME-TAX>                                     1,063
<INCOME-CONTINUING>                              3,562
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,562
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                        0
        

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7292

WALTER R. THOMPSON, 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. Rebecca B. Smith, District Judge.

(CA-94-557-2)

Submitted: January 18, 1996 Decided: February 15, 1996

Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Walter R. Thompson, Jr., Appellant Pro Se. Robert H. Anderson,

III, 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 seeks to appeal the district court's order denying

relief on his 28 U.S.C. § 2254 (1988) petition. 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 deny a certificate of probable cause to appeal and

dismiss the appeal on the reasoning of the district court. Thompson

v. Angelone, No. CA-94-557-2 (E.D. Va. July 14, 1995). 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.

DISMISSED