alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 12-08-00457-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

RONALD RAY KENNEDY-BROOKS, § APPEAL FROM THE SEVENTH

APPELLANT

V. § JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE § SMITH COUNTY, TEXAS

 

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant pleaded guilty to burglary

of a habitation and was placed on community supervision. His community supervision was revoked

on October 3, 2008, and sentence was imposed on that date.

Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of

appeal is filed within thirty days after the day sentence is imposed orsuspended in open court unless

a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1). Where a timely motion for new

trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed

or suspended in open court. TEX.R.APP.P. 26.2(a)(2). Appellant did not file a motion for new trial.

Therefore, his notice of appeal was due to have been filed on or before November 3, 2008.

However, Appellant did not file his notice of appeal until November 10, 2008 and did not file a

motion for extension of time to file his notice of appeal as permitted by Texas Rule of Appellate

Procedure 26.3. See TEX.R.APP.P.26.3 (appellate court may extend time for filing notice of appeal

if, within fifteen days after deadline for filing notice of appeal, appellant files notice of appeal in trial

court and motion complying with Texas Rule of Appellate Procedure 10.5(b) in appellate court).
2

On November 19, 2008, this court notified Appellant that the information received in this

appeal does not include a notice of appeal filed within the time allowed by rule 26.2, nor does it

include a motion for an extension to file the notice of appeal pursuant to rule 26.3. Appellant was

further informed that the appeal would be dismissed on or before December 1, 2008 if the

information had not been amended to show the jurisdiction of this court. Appellant’s counsel

responded that the notice of appeal was, in fact, untimely filed and that he would be pursuing leave

to file an out of time appeal from the court of criminal appeals.

Because this court has no authority to allow the late filing of a notice of appeal except as

provided by rule 26.3, the appeal must be dismissed. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.

Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Accordingly,

Appellant’s motions are overruled, and the appeal is dismissed for want of jurisdiction. 

Opinion delivered December 3, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)
<PAGE>

                                                                    EXHIBIT 23.1

                               CONSENT OF KPMG LLP

The Stockholders and Board of Directors
Whittman-Hart, Inc.:

      We consent to incorporation by reference in the registration statements
on Forms S-3 (No. 333-60113), S-3 (No. 333-50029), S-3 (No. 333-74491), S-3
(No. 333-82491), S-3 (No. 333-87509), S-3 (No. 333-95675), S-3
(No. 333-95679), S-4 (No. 333-18059), S-8 (No. 333-03523), S-8 (No. 333-81809),
and S-8 (No. 333-31452) of Whittman-Hart, Inc. of our reports dated January
24, 2000, except as to Note 17, which is as of March 1, 2000, relating to the
consolidated balance sheets of Whittman-Hart, Inc. and subsidiaries as of
December 31, 1999 and 1998, and the related consolidated statements of
earnings, stockholders' equity and comprehensive income, and cash flows for
each of the years in the three-year period ended December 31, 1999, and the
related consolidated financial statement schedule of valuation and qualifying
accounts, which reports appear in the December 31, 1998 Annual Report on Form
10-K of Whittman-Hart, Inc. These consolidated financial statements and
consolidated financial statement schedule and our reports thereon are
included herein.

KPMG  LLP
/s/ KPMG LLP
Chicago, Illinois
MARCH 28, 2000
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Federal Deposit Insurance Corporation
 AGENCY: Federal Deposit Insurance Corporation.
 ACTION: Update Listing of Financial Institutions in Liquidation.
 SUMMARY: Notice is hereby given that the Federal Deposit Insurance Corporation (Corporation) has been appointed the sole receiver for the following financial institutions effective as of the Date Closed as indicated in the listing. This list (as updated from time to time in the 
                        **Federal Register**
                        ) may be relied upon as “of record” notice that the Corporation has been appointed receiver for purposes of the statement of policy published in the July 2, 1992 issue of the 
                        **Federal Register**
                         (57 FR 29491). For further information concerning the identification of any institutions which have been placed in liquidation, please visit the Corporation Web site at 
                        *www.fdic.gov/​bank/​individual/​failed/​banklist.html*
                         or contact the Manager of Receivership Oversight in the appropriate service center. Dated: May 3, 2010. Federal Deposit Insurance Corporation. Pamela Johnson, Regulatory Editing Specialist.
 Institutions in Liquidation
[In alphabetical order]
FDIC Ref. No.
Bank name
City
State
Date closed10225
BC National Banks
Butler
MO
4/30/201010226
CF Bancorp
Port Huron
MI
4/30/201010227
Champion Bank
Creve Coeur
MO
4/30/201010229
Eurobank
San Juan
PR
4/30/201010228
Frontier Bank
Everett
WA
4/30/201010230
R-G Premier Bank of Puerto Rico
Hato Rey
PR
4/30/201010231
Westernbank Puerto Rico
Mayaguez
PR
4/30/2010


[FR Doc. 2010-11345 Filed 5-12-10; 8:45 am] BILLING CODE 6714-01-P
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 the Annual Report on Form 10-K of Merrill Lynch Preferred
Capital Trust II and Merrill Lynch Preferred Funding II, L.P. (the
"Partnership") for the period ended December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Kathleen Skero, Controller of Merrill Lynch & Co., Inc., the General Partner of
the Partnership, 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
    Partnership.




                              MERRILL LYNCH PREFERRED FUNDING II, L.P.

                              By:  MERRILL LYNCH & CO., INC., as General Partner


                              By:  /s/ KATHLEEN SKERO
                                   ---------------------------------------------
                              Name:    Kathleen Skero *
                              Title:   Controller, Merrill Lynch & Co., Inc.








Dated: March 29, 2005
_____________________

*  Kathleen Skero functions as the equivalent of the Chief Executive Officer
   and Chief Financial Officer of the Partnership for purposes of Section 906
   of the Sarbanes-Oxley Act of 2002.
EXHIBIT 23
----------

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the  incorporation by reference in the Registration  Statements on
Forms S-8 for Peoples-Sidney Financial Corporation;  the Peoples Federal Savings
and  Loan  Association  of  Sidney  401(k)  Retirement  Plan  (Registration  No.
333-37301), Peoples-Sidney Financial Corporation 1998 Stock Option and Incentive
Plan (Registration No. 333-73395), and Peoples-Sidney Financial Corporation 1998
Management  Recognition Plan (Registration No.  333-73393),  of our report dated
July 15, 2004  relating to the  consolidated  balance  sheets of  Peoples-Sidney
Financial Corporation as of June 30, 2004 and 2003, and the related consolidated
statements  of  income,  shareholders'  equity  and cash flows for each of three
years in the period ended June 30, 2004, which report is included in this Annual
Report on Form 10-KSB of Peoples-Sidney Financial Corporation for the year ended
June 30, 2004.


                                                /s/ Crowe Chizek and Company LLC
                                                --------------------------------
                                                Crowe Chizek and Company LLC

Columbus, Ohio
September 28, 2004

--------------------------------------------------------------------------------


                                                                             46.
(December 2, 1924.)

#### STATE, Respondent, v. B. E. PEDERSON, Appellant.

[230 Pac. 1116.]

APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge.

Appeal from judgment of conviction of obtaining money by false pretenses.

*Affirmed.*

No appearance for Appellant.

L. D. Hyslop for Respondent.

McCarthy, C. J.

On November 25, 1928, appellant perfected his appeal from a judgment of conviction of obtaining money under false pretenses rendered against him in the district court of the seventh judicial district for Canyon county. On March 17, 1924, the transcript on appeal was filed in this court. On May 12, 1924, appellant’s attorneys withdrew. On June 20, 1924, appellant applied in proper person for an order extending the' time to file his brief in this court and the court granted an order extending the time to and including August 21, 1924. ’ Since that time there has been no brief filed and no substitution *798of attorney. The ease was duly set down for hearing on October 14th. Appellant did not appear either in person or by attorney. Respondent was represented by the Attorney General. Under Rule 48 it would be proper for this court to affirm the judgment without examining the record. However, we have taken the precaution of examining the record for fundamental error. Finding no such error in the record, the judgment is affirmed.

Dunn and Wm. E. Lee, JJ., concur.
***Exhibit 31.2******CERTIFICATIONS***     I, Kenny D. Neal, certify that:     1. I have reviewed this Form 10-Q of First McMinnville Corporation;     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 registrant as of, and for, the periods presented in this report;     4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the 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 most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and     5. 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:(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.November 14, 2006        /s/ Kenny D. Neal   Chief Financial Officer
MERRILL LYNCH MUNICIPAL BOND FUND, INC.

INSURED PORTFOLIO

SERIES NO. 2

FILE # 811-2688

ATTACHMENT 77O
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8
(Nos. 333-108817, 333-92340, 333-84710, 333-44548, 333-60150, 333-120564, 333-127850 and
333-136551) of UTStarcom, Inc. of our report dated March 2, 2009 relating to the consolidated financial statements, financial statement schedules and the effectiveness of
internal control over financial reporting, which appears in this Form 10-K.

/s/
PricewaterhouseCoopers LLP

San
Jose, California
March 2, 2009

---



QuickLinks
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 6611

JESSIE TRAYLOR, and the prisoners of Estill , Plaintiff

- Appellant ,

v. WARDEN MACKLENBERG, F.C.I. Marianna; WARDEN KNIGHT, F.C.I. Estill; FORSYTH, Camp Administrator Estill; J. A. KELLER, Region Director , Defendants

- Appellees

.

Appeal from the United States District Court for the District of South Carolina , at Rock Hill

. Bruce H. Hendricks , District Judge. ( 0:21

- cv - 00798

- BHH )

Submitted : October 25, 2022 Decided: November 22, 2022

Before QUATTLEBAUM and HEYTENS , Circuit Judges , and KEENAN, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.
Jessie Traylor , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6611 Doc: 13 Filed: 11/22/2022 Pg: 1 of 22 PER CURIAM: Jessie Traylor appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice Traylor’s complaint filed pursuant

to Bivens v. Six Unknown Named Agents of Fed eral Bureau of Narcotics , 403 U.S. 388 (1971) , based on his failure to serve process

. We have reviewed the record and find no
reversible error

. Accordingly, we affirm the district court’s order. Traylor v. Macklenberg , No. 0:21

- cv - 00798

- BHH (D.S.C. Apr. 20, 2022). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 22-6611 Doc: 13 Filed: 11/22/2022 Pg: 2 of 2
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



Pursuant to Section 906 of the Sarbanes-Oxley of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers of Integrated Security Systems, Inc. (the Company), does hereby certify, to such officers knowledge, that:



Amendment No. 1 to the Quarterly Report on Form 10-QSB for the quarter ended September 30, 2005 (the Form 10-QSB) of the Company fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form 10-QSB/A fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in the Form 10-QSB.





February 21, 2006

/s/ C. A. RUNDELL, JR.

C. A. Rundell, Jr.,

Chief Executive Officer and

Principal Executive and Financial Officer





February 21, 2006

/s/ RICHARD B. POWELL

Richard B. Powell

Principal Accounting Officer



A signed original of this written statement required by Section 906 has been provided to Integrated Security Systems, Inc. and will be retained by Integrated Security Systems, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



The foregoing certification is being furnished as an exhibit to Form 10-QSB/A pursuant to Item 601(b)(32) of Regulation S-B and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-QSB/A for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not 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.
Exhibit 32  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 of Capstone Turbine Corporation (the Company) on Form 10-K for the fiscal year ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), Darren R. Jamison, as Chief Executive Officer of the Company, and Edward I. Reich, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Sec. 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.  By:
/s/ DARREN R. JAMISONDarren R. JamisonPresident and Chief Executive OfficerBy:
/s/ EDWARD I. REICHEdward I. ReichChief Financial Officer  Date: June 14, 2011
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Pages 24662-24663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10709]


=======================================================================
-----------------------------------------------------------------------

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE


Sunshine Act Notice

    The Board of Directors of the Corporation for National and 
Community Service gives notice of the following meeting:

Date and Time: Wednesday, May 12, 2010, 10:30 a.m.-12 p.m.

Place: Corporation for National and Community Service, 1201 New York 
Avenue, NW., Suite 8312, Washington, DC 20525 (Please go to 10th floor 
reception area for escort).

Call-In Information: This meeting is available to the public through 
the following toll-free call-in number: 888-790-3168 conference call 
access code number 4567906. Any interested member of the public may 
call this number and listen to the meeting. Callers can expect to incur 
charges for calls they initiate over wireless lines, and the 
Corporation will not refund any incurred charges. Callers will incur no 
charge for calls they initiate over land-line connections to the toll-
free telephone number. Replays are generally available one hour after a 
call ends. The toll-free phone number for the replay is 800-294-4341. 
The end replay date: June 12, 10:59 PM (CT).

Status: Open.

Matters to be Considered: 
10:30-11:15 a.m.
I. Chair's Opening Comments

[[Page 24663]]

II. Consideration of Previous Meeting's Minutes
III. CEO Report
IV. Committee Reports: Oversight, Governance, and Audit Committee; 
Program, Budget, and Evaluation Committee; and External Relations 
Committee
11:15-12 a.m.

V. Public Comments

Accommodations: Anyone who needs an interpreter or other accommodation 
should notify Ida Green at <a href="/cdn-cgi/l/email-protection#9af3fde8fffff4daf9f4e9b4fdf5ec"><span class="__cf_email__" data-cfemail="5b323c293e3e351b383528753c342d">[email protected]</span></a> or 202-606-6861 by 5 p.m., 
May 10, 2010.

Contact Person for More Information: Emily Samose, Office of the CEO, 
Corporation for National and Community Service, 10th Floor, Room 9613C, 
1201 New York Avenue, NW., Washington, DC 20525. Phone (202) 606-7564. 
Fax (202) 606-3460. TDD: (202) 606-3472. E-mail: <a href="/cdn-cgi/l/email-protection#4a2f392b2725392f0a292439642d253c"><span class="__cf_email__" data-cfemail="debbadbfb3b1adbb9ebdb0adf0b9b1a8">[email protected]</span></a>.

    Dated: April 30, 2010.
Frank R. Trinity,
General Counsel.
[FR Doc. 2010-10709 Filed 5-3-10; 4:15 pm]
BILLING CODE 6050-$$-P


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</html>
Motion Granted; Appeal Dismissed and Memorandum Opinion filed September 27, 

2012.

In The

Fourteenth Court of Appeals

NO. 14-12-00405-CV

LNR PARTNERS, LLC, LNR TEXAS PARTNERS, LLC AND LBUBS 2002-C2 

WEST BROADWAY, LLC, Appellants

V.

PEARLAND WESTSIDE ASSOCIATES LIMITED, Appellee

On Appeal from the 149th District Court

Brazoria County, Texas

Trial Court Cause No. 66752

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

This is an appeal from a judgment signed April 19, 2012. On September 17, 2012, 

appellants filed a motion to dismiss the appeal because the case has been settled. See 

Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Brown and Busby.