alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered January 27, 2023

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-01052-CR

DRESEYON ISIAH OWENS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F20-41487

ORDER

Before the Court is appellant’s motion for extension of time to file 

appellant’s brief. On December 20, 2022, we struck volume 2 of the “sealed” 

clerk’s record because it did not contain a sealing order, and we ordered the Dallas 

County District Clerk to file by December 30, 2022, a volume 2 of the clerk’s 

record that either was not under seal or that contained the order signed by the trial 

court sealing the documents. We also ordered that appellant’s brief would be due 

thirty days after volume 2 of the clerk’s record was refiled. As of the date of this 
order, the Dallas County District Clerk has not refiled volume 2 of the clerk’s 

record. Accordingly, appellant’s brief is not yet due, and we DENY appellant’s 

motion for extension of time as premature. See TEX. R. APP. P. 38.6(a) (appellant’s 

brief due 30 days after the date the clerk’s record or reporter’s record is filed).

The clerk’s record does not contain appellant’s request for the clerk’s record, 

so we cannot determine whether appellant requested the items contained in volume 

2 of the clerk’s record. Therefore, the Court ORDERS appellant’s counsel to 

notify this Court in writing within FOURTEEN DAYS FROM THE DATE OF 

THIS ORDER whether the documents contained in volume 2 of the clerk’s record 

are necessary to appellant’s appeal. When the Court receives the notification from 

appellant’s counsel, the Court will determine whether to pursue proper filing of 

volume 2 and set the briefing schedule accordingly. If appellant’s counsel does not 

file the required notice within fourteen days, the Court may assume the documents 

are not necessary to the appeal, consider the appellate record complete, and order 

appellant’s brief filed.

We DIRECT the Clerk to send copies of this order to Felicia Pitre, Dallas 

County District Clerk; and to counsel for all parties.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
Exhibit 32
                                                                      ----------



                                 CERTIFICATION

By signing below, each of the undersigned  officers 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 his or her knowledge,  (i) this report fully complies with
the  requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of
1934 and (ii) the information  contained in this report fairly presents,  in all
material  respects,  the  financial  condition and results of operations of Home
Financial Bancorp.

Signed this 9th day of September, 2004.


/s/ Kurt D. Rosenberger                     /s/ Gary M. Monnett
-------------------------------------      -------------------------------------
Kurt D. Rosenberger                        Gary M. Monnett
President and Chief Executive Officer      Executive Vice President, Chief
                                             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 Home Financial Bancorp and will be
retained by Home Financial  Bancorp and furnished to the Securities and Exchange
Commission or its staff upon request.
NO. 07-08-0093-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

APRIL 28, 2008

______________________________

ANDY DEWAYNE POSEY, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;

NO. 53,792-E; HONORABLE ABE LOPEZ, JUDGE

_______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

ON ABATEMENT AND REMAND

Appellant, Andy DeWayne Posey, appeals his conviction for possession of a

controlled substance in a drug free zone, enhanced, and sentence of 40 years

incarceration in the Institutional Division of the Texas Department of Criminal Justice. On

April 11, 2008, the clerk’s record was filed in this cause. 

The clerk’s record does not contain a certification by the trial court of appellant’s

right of appeal under Texas Rule of Appellant Procedure 25.2(d). Rule 25 requires the trial
2

court to enter such a certification “each time it enters a judgment of guilt or other

appealable order.” Tex. R. App. P. 25.2(a)(2).

Consequently, we abate this appeal and remand the cause to the trial court for

further proceedings. On remand, the trial court shall utilize whatever means necessary to

secure a Certification of Defendant’s Right of Appeal in compliance with Texas Rule of

Appellate Procedure 25.2(d), regarding appellant’s appeal of the trial court’s judgment.

Once executed, the certification shall be included in a supplemental clerk’s record and filed

with this Court on or before May 28, 2008. 

It is so ordered.

Per Curiam

Do not publish.
J

- S67025

- 14

NON - PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37

*Former Justice specially assigned to the Superior Court. COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : TIMOTHY CUNNINGHAM, : : Appellant : No. 566 WDA 2014 Appeal from the Judgment of Sentence March 17, 2014,

Court of Common Pleas, Erie County, Criminal Division at No. CP

- 25

- CR

- 0002290

- 2013 BEFORE: DONOHUE, MUNDY and FITZGERALD*, JJ. CONCURRING MEMORANDUM BY DONOHUE, J.: FILED FEBRUARY 20, 2015 I agree with the result reached by the Majority. I write separately, however, because in reaching its decision, the Majority only determined that the issue raised by counsel in her Anders brief was wholly frivolous. See Maj. at 5, 10. Pursuant to Anders v. California , 386 U.S. 738 (1967), when faced with an adequate Anders brief, it is the d uty of this Court to conduct an independent review of the record to determine whether there are
any non - frivolous issues that counsel failed to raise on his or her client’s behalf. See Anders , 386 U.S. at 744 (stating that the court must conduct an indepe ndent review of the record to determine “whether the case is wholly frivolous”). Relevant Pennsylvania case law, including this Court’s en banc decision in Commonwealth v. Goodwin , 928 A.2d 287 (Pa. Super. 2007) (en banc), states that Anders requires that this Court conduct anJ

- S67025

- 14

- 2

-

independent review of the record to discern if there are any additional, non

frivolous issues that counsel omitted. See, e.g., Goodwin , 928 A.2d at 292

- 93; see also Commonwealth v. James , 46 A.3d 776, 778 (Pa. Super. 2012) (en banc) (stating the history of the case, which included an unpublished memorandum decision by a three

- judge panel of this Court wherein we denied counsel’s request to withdraw pursuant to Anders , as the panel found an issue of arguable merit and remanded the cas e for the filing of an advocates brief); Commonwealth v. Harden , 103 A.3d 107, 111 (Pa. Super. 2014) (“We now must conduct an independent review of the record to determine whether the issues identified by Harden in this appeal are, as counsel claims, wholl y frivolous, or if there are any other meritorious issues present in this case.”). 1 I have conducted an independent review of the record and found no

non - frivolous issues that Anders counsel failed to raise in her brief. I therefore agree with the Major ity that we must affirm the judgment of sentence and grant counsel permission to withdraw. Justice Fitzgerald joins this concurring memorandum.

1 I note that the Majority cites Harden for the requirements that a proper Anders brief must contain, Maj. Mem. at 4, but ignores its holding that we must review the record to determine if there are any potentially meritorious issues.
VII

Private Calendar No. 27

106TH CONGRESS

2D SESSION S. 2002

[Report No. 106–964]

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 2000

Referred to the Committee on the Judiciary

OCTOBER 11, 2000

Referred to the Private Calendar and ordered to be printed

AN ACT

For the relief of Tony Lara.

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

3 SECTION 1. PERMANENT RESIDENT STATUS FOR TONY

4 LARA.

5 (a) IN GENERAL.—Notwithstanding subsections (a)

6 and (b) of section 201 of the Immigration and Nationality

7 Act, Tony Lara shall be eligible for issuance of an immi8 grant visa or for adjustment of status to that of an alien

9 lawfully admitted for permanent residence upon filing an
2

•S 2002 RH

1 application for issuance of an immigrant visa under sec2 tion 204 of such Act or for adjustment of status to lawful

3 permanent resident.

4 (b) ADJUSTMENT OF STATUS.—If Tony Lara enters

5 the United States before the filing deadline specified in

6 subsection (c), he shall be considered to have entered and

7 remained lawfully and shall, if otherwise eligible, be eligi8 ble for adjustment of status under section 245 of the Im9 migration and Nationality Act as of the date of enactment

10 of this Act.

11 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

12 FEES.—Subsections (a) and (b) shall apply only if the ap13 plication for issuance of an immigrant visa or the applica14 tion for adjustment of status are filed with appropriate

15 fees within 2 years after the date of enactment of this

16 Act.

17 (d) REDUCTION OF IMMIGRANT VISA NUMBER.—

18 Upon the granting of an immigrant visa or permanent res19 idence to Tony Lara, the Secretary of State shall instruct

20 the proper officer to reduce by one, during the current

21 or next following fiscal year, the total number of immi22 grant visas that are made available to natives of the coun23 try of the alien’s birth under section 203(a) of the Immi24 gration and Nationality Act or, if applicable, the total

25 number of immigrant visas that are made available to na-
3

•S 2002 RH

1 tives of the country of the alien’s birth under section

2 202(e) of such Act.

Passed the Senate September 28 (legislative day,

September 22), 2000.
Private Calendar No. 27

106TH CONGRESS

2D SESSION S. 2002

[Report No. 106–964]

AN ACT

For the relief of Tony Lara.

OCTOBER 11, 2000

Referred to the Private Calendar and ordered to be

printed
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 Quarterly Report on Form 10-Q, filed pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, of Cadence Financial Corporation (the Corporation) for the period ended
March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard T. Haston, the Chief Financial Officer of the Corporation, certify, pursuant to 18 U.S.C.§ 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 Section 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 Corporation.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Richard T. HastonName:

Richard HastonTitle:

Executive Vice President and Chief Financial OfficerDate:

May 9, 2007


A signed original of this written statement required by Section 906 has been provided to Cadence
Financial Corporation and will be retained by Cadence Financial Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 31.1
 CERTIFICATION
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of First Franklin Corporation;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 registrant as of, and for, the periods presented in this
report;4
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
   Date: August 14, 2008
    /s/ Thomas H. SiemersThomas H. SiemersPresident and Chief Executive Officer 16
II

106TH CONGRESS

2D SESSION S. 2000

For the relief of Guy Taylor.

IN THE SENATE OF THE UNITED STATES

JANUARY 24, 2000

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

For the relief of Guy Taylor.

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

3 SECTION 1. PERMANENT RESIDENT STATUS FOR GUY

4 TAYLOR.

5 (a) IN GENERAL.—Notwithstanding subsections (a)

6 and (b) of section 201 of the Immigration and Nationality

7 Act, Guy Taylor shall be eligible for issuance of an immi8 grant visa or for adjustment of status to that of an alien

9 lawfully admitted for permanent residence upon filing an

10 application for issuance of an immigrant visa under sec11 tion 204 of such Act or for adjustment of status to lawful

12 permanent resident.
2

•S 2000 IS

1 (b) ADJUSTMENT OF STATUS.—If Guy Taylor enters

2 the United States before the filing deadline specified in

3 subsection (c), he shall be considered to have entered and

4 remained lawfully and shall, if otherwise eligible, be eligi5 ble for adjustment of status under section 245 of the Im6 migration and Nationality Act as of the date of enactment

7 of this Act.

8 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

9 FEES.—Subsections (a) and (b) shall apply only if the ap10 plication for issuance of an immigrant visa or the applica11 tion for adjustment of status are filed with appropriate

12 fees within 2 years after the date of enactment of this

13 Act.

14 (d) REDUCTION OF IMMIGRANT VISA NUMBER.—

15 Upon the granting of an immigrant visa or permanent res16 idence to Guy Taylor, the Secretary of State shall instruct

17 the proper officer to reduce by one, during the current

18 or next following fiscal year, the total number of immi19 grant visas that are made available to natives of the coun20 try of the alien’s birth under section 203(a) of the Immi21 gration and Nationality Act or, if applicable, the total

22 number of immigrant visas that are made available to na23 tives of the country of the alien’s birth under section

24 202(e) of such Act.

Æ
EXHIBIT 10.11

                                         AMENDMENT TO EMPLOYMENT AGREEMENT

          This  Amendment  made to that  certain  employment  agreement  between
Clements Golden Phoenix Enterprises, Inc., a Florida corporation with offices at
3135 S.W.  Mapp Road,  P.O. Box 268, Palm City,  FL 34991 (the  "Employer")  and
Samuel P. Sirkis,  residing at 2705 Autumn Leaves Drive, Daytona Beach, FL 32124
(the "Employee") dated August 1, 2000 (the "Agreement").

         WHEREFORE, Employee was to receive a signing bonus of 200,000 shares of
Employer's  Restricted  Common Stock pursuant to Section 2 "Compensation" of the
Agreement (the "Stock"); and

         WHEREFORE,Employee was issued the Stock pursuant to such provision; and

         WHEREFORE,  Employer has since  conducted two (2) forward splits of its
Common Stock resulting in the issuance of 600,000  additional shares to Employee
(the "Additional Stock")

         WHEREFORE,  both  Employee and Employer  have agreed that the Agreement
was  incorrect,  in that  the  Employee  was not to  receive  the  Stock  or the
Additional Stock as a signing bonus and instead was to earn warrants to purchase
shares of Employer's Common Stock upon being gainfully  employed by Employer for
a period of six (6) months.

         NOW THEREFORE, for valuable consideration paid in hand, the receipt and
sufficiency  of which is hereby  acknowledged,  Employer and  Employee  agree as
follows:

     1.   Employee   shall   immediately   tender   to   Employer   certificates
          representing  eight hundred  thousand  (800,000)  shares of Employer's
          Common Stock (the Stock and the Additional Stock) for cancellation and
          return to Employer's authorized but unissued Common Stock.

     2.   Employer  shall  provide  Employee  with  a  Warrant  Agreement  dated
          February 1, 2001, enabling Employee to purchase eight hundred thousand
          shares of Employer's Restricted Common Stock, subject to adjustment in
          the event of any merger, share exchange,  forward stock split, reverse
          stock split, reorganization or similar transaction.

     3.   All remaining sections of the Agreement shall remain in full force and
          effect.

         IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement effective as of the date first above written.

EMPLOYER:                                             EMPLOYEE:
Clements Golden Phoenix Enterprises, Inc.

By: /s/ Joseph R. Rizzuti                             /s/ Samuel P.  Sirkis
--------------------------------------------          ----------------------
      Joseph R. Rizzuti                               Samuel P. Sirkis
      Chairman & Chief Operating Officer
<PAGE>

                                                                    EXHIBIT 32.2

                        CERTIFICATIONS OF THE CEO AND CFO
                       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 First McMinnville Corporation
(the "Company") on Form 10-Q for the period ending March 31, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kenny D. Neal, 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 result of operations of the
Company.

/s/  Kenny D. Neal
----------------------------------
Chief Financial Officer
May 12, 2006

----------
 *As set forth in Item 601 of Regulation S-K, any certification furnished
 pursuant to this Item will not be deemed "filed" for purposes of Section 18 of
 the Securities Exchange Act (15 U.S.C. 78r), or otherwise subject to the
 liability of that section.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF METROPOLITAN HEALTH NETWORKS, INC. FOR THE TWELVE MONTHS
ENDED DECEMBER 31,2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                           DEC-31-2000
<PERIOD-START>                              JAN-01-2000
<PERIOD-END>                                DEC-31-2000
<CASH>                                           44,724
<SECURITIES>                                          0
<RECEIVABLES>                                12,235,480
<ALLOWANCES>                                  5,065,000
<INVENTORY>                                           0
<CURRENT-ASSETS>                              7,359,692
<PP&E>                                        2,248,855
<DEPRECIATION>                                1,149,163
<TOTAL-ASSETS>                               11,765,252
<CURRENT-LIABILITIES>                         7,359,692
<BONDS>                                               0
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                     500,000
<COMMON>                                         21,717
<OTHER-SE>                                      718,916
<TOTAL-LIABILITY-AND-EQUITY>                  7,888,056
<SALES>                                     119,129,854
<TOTAL-REVENUES>                            119,129,854
<CGS>                                                 0
<TOTAL-COSTS>                               117,461,591
<OTHER-EXPENSES>                                  1,501
<LOSS-PROVISION>                              4,030,015
<INTEREST-EXPENSE>                              588,208
<INCOME-PRETAX>                               5,108,569
<INCOME-TAX>                                          0
<INCOME-CONTINUING>                           5,108,569
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                  5,108,569
<EPS-BASIC>                                        0.29
<EPS-DILUTED>                                      0.24



</TABLE>