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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

SONIA BAUTISTA

,

Appellant,

v.

THE STATE OF TEXAS

,

State

. §

§

§

§

§

§

§

'

' No. 08

- 1 5

- 00 362

- CR

Appeal from the

120 th District Court

of El Paso County, Texas

(TC# 20130D03636 )

O R D E R

The Court GRANTS the Appellant ’s fifth motion for extension of time to file the brief until

August 15

, 201 6

. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO FILE THE

APPELLANT ’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Ruben P. Morales , the Appellant ’s Attorney , prepare

the Appellant ’s brief and forward the same to this Court on or before August 15 , 201 6

.

If the Appellant’s brief is not fi l ed with this Court by August 15 , 201 6 , this Court will find

it necessary to send this case back to the trial court for a hearing as to why the Appellant’s brief has

not been filed.

IT IS SO ORDERED this 9 th day of August , 201 6

.

PER CURIAM

Before McClure, C.J., Rodriguez, and Hughes, JJ.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 23

- 00781

- CR N O. 03

- 23

- 00782

- CR

Charles Wayne Curtis, Jr. , Appellant

v.
The State of Texas , Appellee

FROM THE 51ST DISTRICT COURT OF T O M G R E E N COUNTY NO S
. A

- 23

- 0359

- SA , A

- 2 2

- 1039

- SA , THE HONO RABLE CARMEN DUSEK , JUDGE PRESIDIN G

NO. 03

- 23

- 00809

- CR

Charles Wayne Curtis, Jr. , Appellant

v.
The State of Texas , Appellee

FROM THE 119TH DISTRICT COURT OF CONCHO COUNTY NO
. DOF

- 23

- 02123 , THE HONORABLE CARMEN DUSEK , JUDGE PRESIDIN G

M E M O R A N D U M O P I N I O N Appellant Charles Wayne Curtis, Jr. , has filed a motion to dismiss his ap peal in
each of the above causes. The motion is signed by both appellan t and h is attorney. See Tex. R. App. P. 42.2(a). In each cause, w e grant the moti o n and dismiss the appeal. See id

.

__________________________________________ Gisela D. Triana , Justice2 Before Justices Baker, Triana, and Kell y Dismissed on Appellant ’ s Motion
Filed: June 11, 2024
Do Not Publish
#### Nedra P. FAIN, Petitioner, v. DEPARTMENT OF EDUCATION, Respondent.

Nos. 05-3002, 05-3003.

United States Court of Appeals, Federal Circuit.

DECIDED: March 2, 2005.

SCHALL, Circuit Judge.

*ORDER*

Nedra P. Fain submits motions for reconsideration of the court’s orders dismissing her petitions for review for failure to file the required Fed. Cir. R. 15(c) statements concerning discrimination. The Department of Education has not responded. We consider whether 05-3002 and 05-3003 should be consolidated.

Fain has now submitted Rule 15(c) statements. Thus, reinstatement is appropriate.

Fain’s petition for review in 05-3002 concerns Education’s decision to remove her from her position as an Equal Opportunity Specialist for performance related reasons and Fain’s petition for review in 05-3003 concerns Education’s decision to deny her a within-grade salary increase for performance related reasons. They are sufficiently related for consolidation to be appropriate.

*287Accordingly,

IT IS ORDERED THAT:

(1) The motions for reconsideration are granted.

(2) The November 1, 2004 dismissal order in 05-8002 is vacated, the mandate is recalled, and the petition for review is reinstated.

(3) The November 1, 2004 dismissal order in 05-3003 is vacated, the mandate is recalled, and the petition for review is reinstated.

(4) 05-3002 and 05-3003 are consolidated. The revised official caption is reflected above.

(5) Fain’s brief is due within 21 days of the date of filing of this order.
**Exhibit 32**

 

**Certification of Chief Executive Officerand Chief Financial OfficerPursuant to Section 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. Section 1350**

 

I, Michael J.Koss, Chief Executive Officer and Chief Financial Officer of Koss Corporation (the“Company”) hereby certify, pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, 18 U.S.C. Section 1350 that:

 

(i) theQuarterly Report on Form 10Q of the Company for the quarter ended March 31,2009 (the “Report”) fully complies with the requirements of Section 13(a) orSection 15(d), as applicable, of the Securities Exchange Act of 1934, asamended; and

 

(ii) theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operation of the Company.

 

 
|   | */s/ Michael J. Koss*         |
|--------|-------------------------------|
|   | Michael  J. Koss              |
|   | Chief  Executive Officer and  |
|   | Chief  Financial Officer      |
|   | Date:  May 08, 2009 |

 

 

Note:  This certification accompanies the Reportpursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not bedeemed filed, except to the extent required by the Sarbanes-Oxley Act of 2002,by the Company for purposes of Section 18 of the Securities Exchange Actof 1934, as amended.

 

----
Opinion filed July 28, 2016

In The

Eleventh Court of Appeals 

__________

No. 11-16-00086-CV

__________

IN THE INTEREST OF E.B.N.R., A CHILD

On Appeal from the 318th District Court

Midland County, Texas

Trial Court Cause No. FM58,482

M E M O R A N D U M O P I N I O N

This is an appeal from an order in which the trial court terminated the parental 

rights of the mother and the unknown and alleged fathers of E.B.N.R. The mother 

filed a notice of appeal. We dismiss the appeal.

The mother’s court-appointed counsel has filed a motion to withdraw and a 

supporting brief in which he professionally and conscientiously examines the record 

and applicable law and concludes that the appeal is frivolous. The brief meets the 

requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a 

professional evaluation of the record demonstrating why there are no arguable 

grounds to be advanced. See In re Schulman, 252 S.W.3d 403, 406–08 (Tex. Crim. 

App. 2008); High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978). 
2

In light of a recent holding by the Texas Supreme Court, however, an Anders motion 

to withdraw “may be premature” if filed in the court of appeals under the 

circumstances presented in this case. See In re P.M., No. 15-0171, 2016 WL 

1274748, at *3 (Tex. Apr. 1, 2016). The court in P.M. stated that “appointed 

counsel’s obligations can be satisfied by filing a petition for review that satisfies the 

standards for an Anders brief.” Id.

Appellant’s counsel provided Appellant with a copy of the brief, the motion 

to withdraw, the complete reporter’s record, and a motion for pro se access to the 

appellate record. Counsel also informed Appellant of her right to review the record 

and file a pro se response to counsel’s brief. In compliance with Kelly v. State, 436 

S.W.3d 313, 318–20 (Tex. Crim. App. 2014), counsel provided Appellant with a

form motion to file in this court to obtain access to the reporter’s record and the 

clerk’s record. We conclude that Appellant’s counsel has satisfied his duties under 

Anders, Schulman, and Kelly. We note that Appellant did not file in this court the 

pro se motion for access to the appellate record. Nor did she file a pro se response 

to counsel’s Anders brief. 

Following the procedures outlined in Anders and Schulman, we have 

independently reviewed the record, and we agree that the appeal is without merit and 

should be dismissed. See Schulman, 252 S.W.3d at 409. However, in light of P.M., 

we deny the motion to withdraw that was filed by Appellant’s court-appointed 

counsel. See P.M., 2016 WL 1274748, at *3. 

Counsel’s motion to withdraw is denied, and the appeal is dismissed. 

PER CURIAM

July 28, 2016

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.
# Pilot Accounted For From WWII (Deeds, J.)

/ Published Feb. 5, 2024
WASHINGTON , 
The Defense POW/MIA Accounting Agency (DPAA) announced today that U.S. Army Air Forces 1st Lt. James A. Deeds, 23 of Oakland, California, killed during World War II, was accounted for Jan. 3, 2023.

In the summer of 1943, Deeds was assigned to the 345th Bombardment Squadron (Heavy), 98th Bombardment Group (Heavy), 9th Air Force. On Aug. 1, 1943, the B-24 “Liberator” bomber *Kate Smith* piloted by Deeds was hit by enemy anti-aircraft fire and crashed during Operation TIDAL WAVE, the largest bombing mission against the oil fields and refineries at Ploiesti, north of Bucharest, Romania. His remains were not identified following the war. The remains that could not be identified were buried as Unknowns in the Hero Section of the Civilian and Military Cemetery of Bolovan, Ploiesti, Prahova, Romania. 

Following the war, the American Graves Registration Command (AGRC), the organization that searched for and recovered fallen American personnel, disinterred all American remains from the Bolovan Cemetery for identification. The AGRC was unable to identify more than 80 unknowns from Bolovan Cemetery, and those remains were permanently interred at Ardennes American Cemetery and Henri-Chapelle American Cemetery, both in Belgium.

In 2017, DPAA began exhuming unknowns believed to be associated with unaccounted-for airmen from Operation TIDAL WAVE losses. These remains were sent to the DPAA Laboratory at Offutt Air Force Base, Nebraska, for examination and identification.

To identify Deeds’ remains, scientists from DPAA used anthropological analysis. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA), and Y chromosome DNA (Y-STR) analysis.

Deeds name is recorded on the Tablets of the Missing at the Florence American Cemetery, an American Battle Monuments Commission site in Impruneta, Italy, along with others still missing from WWII. A rosette will be placed next to his name to indicate he has been accounted for.

Deeds will be buried in San Diego, California, on a date to be determined.

For family and funeral information, contact the Army Casualty Office at (800) 892-2490.

DPAA is grateful to the American Battle Monuments Commission and to the U.S. Army Regional Mortuary-Europe/Africa for their partnership in this mission.

For additional information on the Defense Department’s mission to account for Americans who went missing while serving our country, visit the DPAA website at www.dpaa.mil or find us on social media at www.facebook.com/dodpaa or https://www.linkedin.com/company/defense-pow-mia-accounting-agency.

Deeds’ personnel profile can be viewed at https://dpaa-mil.sites.crmforce.mil/dpaaProfile?id=a0Jt000000cLlnKEAS.
#### STATE v. TYNDALL

No. 153 PC.

Case below: 18 N.C. App. 669.

Petition for writ of certiorari to North Carolina Court of Appeals denied 2 October 1973.
#### TRUST CO. v. CONSTRUCTION CO.

No. 5 PC.

Case below: 3 N.C. App. 157.

Petition for writ of *certiorari*to North Carolina Court of Appeals allowed 31 January 1969.
EXHIBIT 31.a

CERTIFICATE OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, David A. Nelson, certify that:

1. I have reviewed this Form 10-KSB for the period ended December 31, 2006,
   of Regent Technologies, Inc. (the "Company");

2. Based on my knowledge, this report does not contain any untrue statement
   of a material fact or omit to state a material fact necessary to make the
   statements made, in light of the circumstances under which such statements
   were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
   information included in this report, fairly present in all material respects
   the financial condition, results of operations and cash flows of the Company
   as of, and for, the periods presented in this report;

4. I, in my capacity as the Company's certifying officers, am responsible for
   establishing and maintaining disclosure controls and procedures (as defined
   in EXCHANGE ACT RULES 13a-15 and 15d-15) for the Company and have:

(a) Designed such disclosure controls and procedures to ensure that material
    information relating to the Company, including its consolidated subsidiary,
    is made known to us by others within those entities, particularly during the
    period in which this report is being prepared;

(b) Evaluated the effectiveness of the Company's disclosure controls and
    procedures as of a date within 90 days prior to the filing date of this
    report (the "Evaluation Date"); and

(c) Presented in this report our conclusions about the effectiveness of the
    disclosure controls and procedures based on our evaluation as of the
    Evaluation Date;

5. I, in my capacity as the Company's certifying officers, have disclosed,
   based on my most recent evaluation, to the Company's auditors and the audit
   committee of the Company's board of directors (or persons performing the
   equivalent functions):

(a) All significant deficiencies in the design or operation of internal
    controls which could adversely affect the Company's ability to record,
    process, summarize and report financial data and have identified for the
    Company's auditors any material weaknesses in internal controls; and

(b) Any fraud, whether or not material, that involves management or other
    employees who have a significant role in the Company's internal controls;
    and

6. I, in my capacity as the Company's certifying officers, have indicated
   in this report whether there were significant changes in internal controls
   or in other factors that could significantly affect internal controls
   subsequent to the date of our most recent evaluation, including any
   corrective actions with regard to significant deficiencies and material
   weaknesses.


Date: March 23, 2007                  /S/ DAVID A. NELSON
                                      -------------------
                                      David A. Nelson, Chief Executive
                                      Officer and Principal Accounting Officer
#### WOOD v. CITY OF FAYETTEVILLE

No. 110 PC.

Case below: 35 N.C. App. 738.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 6 June 1978.
Directors Plan Amendment



 Exhibit 10.1 
 Directors Plan Amendment 
 UNIGENE LABORATORIES, INC. 
 AMENDMENT TO DIRECTORS STOCK OPTION PLAN 
 Pursuant to Section 10 of the Unigene Laboratories, Inc. Directors Stock Option Plan (the “Plan”), the Board of Directors of Unigene Laboratories, Inc. (the “Company”) hereby amends the Plan as set forth herein,
effective as of June 25, 2009. 
 1. Section 6(d) of the Plan is amended and restated in its entirety as follows: 
 “Except as otherwise determined by the Board in its discretion at any time, any Option that has not theretofore expired shall terminate 90 days
following the termination of the Participant’s service as a director of the Company for any reason, and no shares of Common Stock may thereafter be purchased pursuant to such Option, except that: 
 (i) Upon the resignation of a Participant as a director due to disability, the Participant may, within a 180-day period after the date of such
termination, purchase all or any part of the shares of Common Stock that such Participant was entitled to purchase under such Option on the date of such termination. 
 (ii) Upon the death of a Participant while serving as a director or within the 90-day period referred to above, the Participant’s estate or the person to whom such Participant’s rights under the Option are
transferred by will or the laws of descent and distribution may, within a 180-day period after the date of such Participant’s death, purchase all or any part of the shares of Common Stock that such Participant was entitled to purchase under
such Option on the date of death.” 
 2. Except as specifically set forth and changed herein, the Plan is reaffirmed and remains
unchanged. 
 [The remainder of this page is intentionally blank.] 







 IN WITNESS WHEREOF, the Company has caused this Amendment to the Plan to be executed and its seal to be
affixed hereto by its officers hereunto duly authorized, as of the date first above written. 
  

			
	 UNIGENE LABORATORIES, INC.

		
	 By:
	 	  



  

	
	ATTEST:
	
	  

	Secretary

 [SEAL]
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Exhibit 32.2 KNIGHT 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 on Form 10-Q of Knight Inc. (the Company) for the period ended September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, in the capacity and on the date indicated below, hereby certifies 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.  A signed original of this written statement required by Section 906 has been provided to Knight Inc. and will be retained by Knight Inc. and furnished to the Securities and Exchange Commission or its staff upon request.   Dated:  November 9, 2007/s/ Kimberly A. DangKimberly A. Dang
Vice President and Chief Financial Officer
Exhibit 32.1




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 on Form 10-Q of Katy Industries, Inc. (the “Company”) for the period ending July 1, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David J. Feldman, 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:




(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 results of operations of the Company.




/s/ David J. Feldman










The foregoing certification is being furnished solely to accompany this report pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company whether made before or after the date hereof, regardless of any general incorporation language in such filing.  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 the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### SEARCY v. JUSTICE and LEVI v. JUSTICE

No. 26 PC.

Case below: 20 N.C. App. 559.

Petition for writ of certiorari to North Carolina Court of Appeals denied 2 April 1974.
# Marine Accounted for from World War II (Van Zandt, J.)

/ Published Nov. 6, 2019
WASHINGTON,