alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, 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. 

 _________________________________________ 

 Clerk

March 29, 2010 

p0322 

Order 

 

March 29, 2010 

139937(104) 

 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 139937 

 COA: 272369 

Wayne CC: 06-004272-01 

ROOSEVELT THEODORE WATTS, JR., 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the motion for reconsideration of this Court’s January 29, 

2010 order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously.
#### Charles K. Grannis, Appellant, v. Addie L. Hobby, Respondent.

Judgment reversed and new trial ordered, with costs to abide the event. Opinion by

Boardman. J.
#### In the Matter of the Application of Charles F. Wilcox for Admission to the Bar.

Application granted.

Present — Jenks, P. J., Thomas, Carr,’ Woodward and Rich, JJ.
Exhibit 31.1

CERTIFICATIONS

I, Glade M. Knight, certify that:

1. I have reviewed this report on Form 10-K of Apple REIT Eight, Inc.;

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 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:

a) designed such disclosure controls and
procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, 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
registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and 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 financial reporting that occurred
during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and

5. The registrants other certifying officer 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):

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the 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 have a significant role in the registrants internal control over financial reporting.



|                    |  |                                                               
|------------------- |  | --------------------------------------------------------------
|Date: March 3, 2008 |  | /s/ GLADE M. KNIGHT                                           
|                    |  | Glade M. Knight Chief Executive Officer APPLE REIT EIGHT, Inc.
#### STATE v. JOE GARNER, HERBERT GARNER, et al.

(Filed 19 October, 1932.)

1. Criminal Law H a — Continuance should he granted where it is necessary to afford defendant fair opportunity to confront witnesses.

While a motion for a continuance is addressed to the sound discretion of the trial court such motion should be granted where it is necessary for the preservation of the defendant’s constitutional right to a fair opportunity to confront his accusers and witnesses with other testimony, but where on appeal from the court’s order refusing defendant’s motion for a continuance, it is not made to appear that this right had been denied the exception to the court’s refusal to grant a continuance will not be sustained.

2. Criminal Law L e — Burden is on appellant to show error.

The burden is on appellant to clearly show that error has been committed, as the presumption is against him.

Appeal by defendants from *Sinclair, J.,*at February Term, 1932, of DupliN.

Criminal prosecution tried upon an indictment charging the defendants, Joe Garner and Herbert Garner, and two others, with robbing the Bank of Magnolia of $14,000 on 12 January, 1932, and cognate offenses, set out in a five-count bill.

The defendants were arrested on Tuesday, 2 February, the bill was returned the next day and the trial was had on Friday of the same week. The defendants asked for a continuance, or time within which to prepare their defense. Motion overruled; exception.

From convictions and judgments thereon, the defendants appeal, assigning errors.

*Attorney-General Brum/mitt and Assistant Attorney-General Seawell for the State.*

*B. D. Johnson and J. J. Gresham,, Jr., for defendants.*

Stacy, C. J.

The only exception, which needs to be specifically noticed, is the one addressed to the refusal of the court to grant the defendants’ motion for a continuance. While, ordinarily, this is a matter resting in the sound discretion of the trial court, nevertheless, it should be remembered that defendants have a constitutional right of confrontation, which cannot lawfully be taken from them, and this includes the right of a fair opportunity to face “the accusers and witnesses with other testimony.” Section 11, Bill of Eights; *S. v. Lea, ante,*13; *S. v. Ross,*193 N. C., 25, 136 S. E., 193. But the record is barren of any *362affidavits, or evidence tending to show a denial of this right. *S. v. Rhodes,*202 N. C., 101, 161 S. E., 722; *S. v. Sauls,*190 N. C., 810, 130 S. E., 848; *S. v. Riley, 188*N. C., 72, 123 S. E., 303. In the absence of a clear showing, the exception must be overruled. The burden is on appellants to show error, and they must make it appear clearly, as the presumption is against them. *Baker v. Clayton,*202 N. C., 741; *Poindexter v. R. R.,*201 N. C., 833, 160 S. E., 767.

No error.
Exhibit 32.2

            CERTIFICATION OF PRINCIPAL EXECUTIVE & FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


In connection with the accompanying Quarterly Report on Form 10-QSB of Intercell
International  Corporation  for the quarter  ended June 30,  2006,  I, Kristi J.
Kampmann, Chief Financial Officer of Intercell International Corporation, hereby
certify  pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to my knowledge, that:

        a.     such Quarterly  Report on Form 10-QSB of Intercell  International
               Corporation  for the quarter ended June 30, 2006,  fully complies
               with the requirements of section 13(a) or 15(d) of the Securities
               Exchange Act of 1934; and

        b.     the information contained in such Quarterly Report on Form 10-QSB
               of Intercell International Corporation for the quarter ended June
               30,  2006,  fairly  presents,  in  all  material  respects,   the
               financial  condition  and  results  of  operations  of  Intercell
               International Corporation.




                                                 /s/Kristi J. Kampmann
                                                 -------------------------------
                                                  Kristi J. Kampmann,
                                                     Chief Financial Officer


Date:      August 14, 2006



A signed  original of this  written  statement  required by Section 906 has been
provided  to  Intercell  International  Corporation  and  will  be  retained  by
Intercell International Corporation and furnished to the Securities and Exchange
Commission or its staff upon request.
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 Victory Acquisition Corp. (the Company) on Form
10-K for the year ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned, in the capacities and on the dates 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 operation of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |        |  |                              
|-------------------- |  | ------ |  | -----------------------------
|                     |  |       
|Date: March 31, 2008 |  |        |  | /s/    JONATHAN J.
LEDECKY   
|                     |  | Name:  |  | Jonathan J. Ledecky          
|                     |  | Title: |  | President and Secretary      
|                     |  |        |  | (Principal Executive Officer)



|                     |  |        |  |                                             
|-------------------- |  | ------ |  | --------------------------------------------
|                     |  |        |  |                                             
|                     |  |       
|Date: March 31, 2008 |  |        |  | /s/    ERIC J. WATSON                       
|                     |  | Name:  |  | Eric J. Watson                              
|                     |  | Title: |  | Chairman of the Board and Treasurer         
|                     |  |        |  | (Principal Accounting and Financial Officer)
#### Cornelia H. Bishop, Respondent, v. The Village of Goshen, Appellant.

Judgment and order denying new trial affirmed, with costs. Opinion by

Barnard, P. J.
EXHIBIT 32.2



Certification of Chief Financial Officer

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to

to Section 906 of the Sarbanes-Oxley Act of 2002



The undersigned, the Chief Financial Officer of SAVVIS Communications
Corporation (the Company), hereby certifies that, to his knowledge on the date hereof:



|(a) |  | the Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2003, filed on the date hereof 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
|--- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(b) |  | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- |  | ------------------------------------------------------------------------------------------------------------------------------------------------



|Date: August 12, 2003 |  |  |  | By: /s/ Jeffrey H. Von Deylen                      
|--------------------- |  |  |  | ---------------------------------------------------
|                      |  |  |  | Jeffrey H. Von Deylen                              
|                      |  |  |  | Executive Vice President and ChiefFinancial Officer
Certifications

      I, Susan Mills, certify that:

1. I have reviewed this report on Form 10-K and all reports on Form 10-D
required to  be filed in respect of the period covered by this report on Form
10-K of Citigroup Mortgage Loan Trust 2007-AMC1 (the "Exchange Act periodic
reports");

2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole,
do 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, all of the distribution, servicing and other
information required to be provided under Form 10-D for the period covered by
this report is included in the Exchange Act periodic reports;

4. Based on my knowledge and the servicer compliance statement required in
this report under Item 1123 of Regulation AB, and except as disclosed in the
Exchange Act periodic reports, the servicer has fulfilled its
obligations under the servicing agreement in all material respects; and

5. All of the reports on assessment of compliance with servicing criteria for
asset-backed securities and their related attestation reports on assessment of
compliance with servicing criteria for asset-backed securities required to be
included in this report in accordance with Item 1122 of Regulation AB and
Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
report, except as otherwise disclosed in this report. Any material instances
of noncompliance described in such reports have been disclosed in this report
on Form 10-K.

      In giving the certifications above, I have reasonably relied on
information provided to me by the following unaffiliated parties:
Countrywide Home Loan Servicing LP.


Date: March  28, 2008

/s/ Susan Mills
----------------------
Susan Mills
Vice President
(Senior officer in charge of securitization of the Depositor)
Exhibit 33.1

Managements Assertion of

Compliance with Regulation AB Criteria

United Auto Credit Corporation (the Asserting Party) is responsible for assessing compliance as of December 31, 2006 and for the period from
December 14, 2006 (date of Issuance of the UPFC Auto Receivables Trust 2006-B) through December 31, 2006 (the Reporting Period) with the servicing criteria set forth in Title 17, Section 229.1122(d) of the Code of federal
Regulations (the CFR), except for the criteria set forth in Sections 229.1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), and 1122(d)(4)(xii) which the Asserting Party has concluded are not applicable to the servicing of the UPFC Auto
Receivables Trust 2006-B asset-backed securitization transaction backed by auto receivables and serviced by the Asserting Party (the Applicable Servicing Criteria). The sole asset-backed securitization transaction covered by this report
was the UPFC Auto Receivables Trust 2006-B.

The Asserting Party has assessed its compliance with the Applicable Servicing Criteria for the Reporting
Period and based on such assessment the Asserting Party has complied, in all material respects, with the Applicable Servicing Criteria for the UPFC Auto Receivables Trust 2006-B asset-backed securitization transaction backed by auto receivables
serviced by the Asserting Party.

Grobstein Horwath & Company LLP, an independent registered public accounting firm, has issued an attestation
report on the assessment of compliance with the Applicable Servicing Criteria as set forth in this assertion.



|                               |  | 
|------------------------------ |  | 
|UNITED AUTO CREDIT CORPORATION
|                               | 
|/s/ Arash A, Khazei            |  | 
|Arash A. Khazei                |  | 
|Chief Financial Officer        |  | 

Date: February 28, 2007
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<LEGEND>
This schedule contains summary financial information extracted from the Balance
Sheet and Statement of Operations found on pages 3 and 4 of the Company's form
10-Q for the year to date.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<DEBT-HELD-FOR-SALE>                                 0
<DEBT-CARRYING-VALUE>                        1,878,905
<DEBT-MARKET-VALUE>                          2,045,099
<EQUITIES>                                     127,545
<MORTGAGE>                                     554,135
<REAL-ESTATE>                                   95,370
<TOTAL-INVEST>                               2,760,891
<CASH>                                         197,542
<RECOVER-REINSURE>                                   0
<DEFERRED-ACQUISITION>                               0
<TOTAL-ASSETS>                              16,344,292
<POLICY-LOSSES>                              2,285,113
<UNEARNED-PREMIUMS>                                  0
<POLICY-OTHER>                                   3,578
<POLICY-HOLDER-FUNDS>                        1,080,881
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,900
<OTHER-SE>                                     830,820
<TOTAL-LIABILITY-AND-EQUITY>                16,344,292
<PREMIUMS>                                   1,789,748
<INVESTMENT-INCOME>                            145,633
<INVESTMENT-GAINS>                               4,807
<OTHER-INCOME>                                  80,780
<BENEFITS>                                   1,752,818
<UNDERWRITING-AMORTIZATION>                          0
<UNDERWRITING-OTHER>                           115,245
<INCOME-PRETAX>                                 84,904
<INCOME-TAX>                                    32,206
<INCOME-CONTINUING>                             52,698
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    52,698
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
#### STATE v. R. S. PRESNELL.

(Filed 27 February, 1946.)

Criminal Law § 75—

When a case is not docketed within the time prescribed, Rule 5, and no application for writ of *certiorari*is made, the appeal will be dismissed, the Rules of Practice in the Supreme Court being mandatory and not directory.

Appeal by defendant from *Warlich, J.,*at August Term, 1945, of BUNCOMBE.

The defendant, a citizen and resident of Caldwell County, was indicted in Buncombe County for selling butter in said county, which the warrant charged weighed less than represented, in violation of G. S., 81-17. The *161defendant interposed a plea in abatement on tbe ground tbat if tbe statute bad been violated tbe offense occurred in Caldwell and not in Buncombe County. Tbe plea was denied. Defendant appeals, assigning error.

*Attorney-General McMullan and Assistant Attorneys-General Rhodes, Moody, and Tucker for the State.*

*W. II. Strickland for defendant.*

Per Cueiam.

Tbis appeal was due to be beard at tbe call of tbe Nineteenth District, on 4 September, 1945. Rule. 5 of tbe Rules of Practice in tbe Supreme Court, 221 N. C., 546. Counsel cannot waive tbis rule. Tbe rules of tbis Court are mandatory, and not directory. *S. v. Moore,*210 N. C., 459, 187 S. E., 586.

Tbe rules of practice governing tbe time for docketing appeals in tbe Supreme Court, or for applying for a writ of *certiorari,*where tbe case on appeal, for some cogent reason cannot be docketed within tbe time prescribed by tbe rules, has been uniformly enforced since tbe decision in *S. v. Farmer,*188 N. C., 243, 124 S. E., 562. See also *Pruitt v. Wood,*199 N. C., 788, 156 S. E., 126.

Appeal dismissed.
**Exhibit 31.2** **Certification**     I, Robert D. Scherich, Chief Financial Officer of Horsehead    Holding Corp., certify that:     1. I have reviewed this Annual Report on    Form 10-K    of Horsehead Holding Corp.;     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:     (a) Designed such disclosure controls and procedures, or    caused such disclosure controls and procedures to be designed    under our supervision, to ensure that material information    relating to the registrant, including its consolidated    subsidiaries, 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 registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosure    controls and 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 financial reporting that    occurred during the registrant’s most recent fiscal quarter    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over financial reporting; and     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):     (a) All significant deficiencies and material weaknesses in    the design or operation of internal control over financial    reporting which are reasonably likely to adversely affect the    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 have a significant role in the    registrant’s internal control over financial reporting. /s/  Robert    D. Scherich**Robert D. Scherich****Chief Financial Officer**     Date: March 31, 2008