alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-S49005-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

STEVEN WYLIE

Appellant No. 1892 EDA 2015

Appeal from the PCRA Order entered June 18, 2015

In the Court of Common Pleas of Philadelphia County

Criminal Division, at No(s): CP-51-CR-0011687-2010

BEFORE: PANELLA, J., OLSON, J., and STEVENS, P.J.E.

JUDGMENT ORDER BY PANELLA, J. FILED SEPTEMBER 02, 2016

In this appeal, Steven Wylie claims that the PCRA court erred in 

dismissing his timely PCRA petition, which asserted that the mandatory 

minimum sentences he received were illegal under Alleyne v. United

States, 133 S.Ct. 2151 (2013). Our Supreme Court recently held that 

“Alleyne does not apply retroactively to cases pending on collateral 

review....” Commonwealth v. Washington, ___ A.3d ___, ___, 2016 WL 

3909088, *8 (Pa., filed July 19, 2016). Wylie’s judgment of sentence, 

therefore, is not illegal.

Order affirmed.

____________________________________________



Former Justice specially assigned to the Superior Court.
J-S49005-16

- 2 -

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 9/2/2016
#### STATE of Missouri, Respondent, v. Vito RALLO, Appellant. Vito RALLO, Appellant, v. STATE of Missouri, Respondent.

Nos. 64466, 67482.

Missouri Court of Appeals, Eastern District, Division Two.

Sept. 26, 1995.

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRAHAN, P.J., and CRANDALL and DOWD, JJ.

*ORDER*

PER CURIAM.

Defendant appeals following his conviction by a jury of First Degree Arson, § 569.040 RSMo 1994, for which he was sentenced to ten years of incarceration. Defendant also appeals the denial of his 29.15 motion. We have reviewed the briefs and the record on appeal and find no prejudicial error. No jurisprudential purpose would be served by a published opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the reasons for this order. The judgment is affirmed in accordance with Rules 30.25(b) and 84.16(b).
Abatement Order filed April 17, 2012.

In The

Fourteenth Court of Appeals

____________

NO. 14-12-00084-CV

____________

KEN BIGHAM AND TRACY HOLLISTER, Appellants

V.

SOUTHEAST TEXAS ENVIRONMENTAL, L.L.C., REGOR PROPERTIES, 

L.L.C., KORDEL, INC., AND JEFFREY PITSENBARGER, Appellees

&

____________

NO. 14-12-00116-CV

____________

SOUTHEAST TEXAS ENVIRONMENTAL, L.L.C., REGOR PROPERTIES, 

L.L.C., KORDEL, INC., AND JEFFREY PITSENBARGER, Appellants

V.

KEN BIGHAM AND TRACY HOLLISTER, Appellees

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2007-55020
2

A B A T E M E N T O R D E R

This court has been notified that appellee/cross-appellant, Jeffrey Pitsenbarger, has 

petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern 

District of Texas, under cause number 12-32287. Because a stay is automatically effected 

by Section 362(a) of the Bankruptcy Code, we have stayed all proceedings in these

appeals. See Tex. R. App. P. 8.2.

For administrative purposes only, and without surrendering jurisdiction, this court 

orders the causes abated and treated as closed cases. They may be reinstated on motion of 

any party, showing the stay has been lifted and specifying what further action, if any, is 

required from this court, or the court may reinstate these appeals on its own motion. See 

Tex. R. App. P. 8.3.

PER CURIAM
**Exhibit 32**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICERPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Each of the undersignedhereby certifies, in his capacity as an officer of Watson Wyatt & CompanyHoldings (the “Company”), for purposes of 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that tothe best of his knowledge:

 

•                  The AnnualReport of the Company on Form 10-K for the period ended June 30, 2004,fully complies with the requirements of Section 13(a) orSection 15(d) of the Securities Exchange Act of 1934; and

 

•                  The informationcontained in such report fairly presents, in all material respects, thefinancial condition and results of operation of the Company.

 

 
| Date: August 17, 2004                  |
|---------------------------------------------|
|                                        |
| /s/ John J. Haley                           |   |
| John J. Haley                               |
|                                        |
| President and Chief  Executive Officer      |
|                                        |
|                                        |
| /s/ Carl D. Mautz                           |   |
| Carl D. Mautz                               |
|                                        |
| Vice President and Chief  Financial Officer |

 

A signed original of this written statement required bySection 906 has been provided to Watson Wyatt & Company Holdings andwill be retained by Watson Wyatt & Company Holdings and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A16I0159. JOSHUA SHAWN CARTER v. THE STATE.

 

On February 22, 2016, the trial court denied defendantJoshua Carter’s motion

to suppress evidence seized when a vehicle in which he was a passenger wasstopped.

The trial court signed a certificate of immediate review on February 26, 2016, and

Carter filed this application for interlocutory appeal on March 10, 2016. We lack

jurisdiction.

 It is well-established that under OCGA § 5-6-34 (b), an application for

interlocutory appeal must be filed within 10 days of obtaining a timely certificate of

immediate review. See Genter v. State, 218 Ga. App. 311 (460 SE2d 879) (1995). 

Because this application was filed 13 days after entry of the certificate of immediate

review, it is untimely and is therefore DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

04/08/2016

April 08, 2016
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 Quarterly Report of Aldabra Acquisition
Corporation (the "Company") on Form 10-QSB for the period ending September 30,
2006 (the "Report"), as filed with the Securities and Exchange Commission on
the date hereof, I Jason Weiss, Chief Executive Officer of the Company,
certify pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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 result of operations of the
Company.

By:       /s/ Jason Weiss            Dated: November 15, 2006
    -----------------------------
    Jason Weiss
    Chief Executive Officer
    (Principal Executive and Accounting and Financial Officer)


                                     E-2
#### STATE of Missouri, Respondent, v. Alexander ABREU, Appellant.

No. WD 45423.

Missouri Court of Appeals, Western District.

Jan. 12, 1993.

Marcie W. Bower, State Public Defenders Office, Columbia, for appellant.

William L. Webster, Atty. Gen., John M. Saleeby, Asst. Atty. Gen., Jefferson City, for respondent.

Before LOWENSTEIN, C.J., and FENNER and HANNA, JJ.

ORDER

PER CURIAM.

Appeal from conviction of trafficking drugs in the second degree, § 195.223.2(2), RSMo Supp.1992, and from sentence of fifteen years’ imprisonment.

Judgment affirmed. Rule 30.25(b).
[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Page 19094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10621]



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


NUCLEAR REGULATORY COMMISSION

Nuclear Safety Research Review Committee

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of meeting.

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

    The Nuclear Safety Research Review Committee (NSRRC) will hold its 
next meeting on June 27-28, 1996. The location of the meeting will be 
in rooms 1F7/9, One White Flint North (OWFN) Building, 11555 Rockville 
Pike, Rockville, MD.
    The meeting will be held in accordance with the requirements of the 
Federal Advisory Committee Act (FACA) and will be open to the public. 
The NSRRC provides advice to the Director of the Office of Nuclear 
Regulatory Research (RES) on matters of overall management importance 
in the direction of the NRC's program of nuclear safety research. The 
main purposes of this meeting will be (1) to discuss the March 27, 1996 
NSRRC briefing with the Commission and (2) to review and discuss the 
reports and recommendations of the Subcommittees on Research in Support 
of Risk-Based Regulation (PRA); Instrumentation and Control (I&C) and 
Human Factors; and Subcommittee on Accident Analysis.
    Participants in parts of the discussion will include senior NRC 
staff and other RES technical staff as necessary.
    Any inquiries regarding this notice or any subsequent changes in 
the status and schedule of the meeting, may be made to the Designated 
Federal Officer, Dr. Jose Luis M. Cortez (telephone: 301-415-6596), 
between 8:15 a.m. and 5:00 p.m.

    Dated at Rockville, Maryland this 24th day of April, 1996.

    For the Nuclear Regulatory Commission.
Andrew L. Bates,
Federal Advisory Committee Management Officer.
[FR Doc. 96-10621 Filed 4-29-96; 8:45 am]
BILLING CODE 7590-01-P
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 Annual Report of Beacon Power Corporation (the "Company") on Form 10-K for the year ending
December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, F. William Capp, 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:



/s/ F. WILLIAM CAPP F. William Capp Chief Executive OfficerMarch 16, 2011


---



QuickLinks
#### Margaret Marchell et al., Appellants, v Toys "R" Us, Inc., et al., Respondents.

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Hutcherson, J.), dated December 20, 1988, which granted the defendants’ respective motions for summary judgment and thereupon dismissed the complaint and the cross claims against them.

Ordered that the order and judgment is affirmed, with one bill of costs.

The plaintiff fell on a ramp leading to the entrance of a store operated by Toys "R” Us, Inc. At her examination before trial, she could not identify the exact location or the cause of her fall, but merely speculated as to several possibilities, each *664of which she then negated. The Supreme Court examined photographs of the scene and found that they showed the surface of the ramp to be clean, free from defects, and equipped with a handrail. We agree that, under the facts and circumstances of this case, the defendants established their defense sufficiently to warrant the court granting judgment as a matter of law in their favor, and the plaintiffs have failed to establish the existence of any triable issues of fact requiring a trial *(see, Zuckerman v City of New York,*49 NY2d 557). Thompson, J. P., Sullivan, Harwood and Miller, JJ., concur.
#### Gary D. DECKER, Appellant, v. STATE of Missouri, Respondent.

No. WD 51470.

Missouri Court of Appeals, Western District.

Feb. 13, 1996.

Emmett D. Queener, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Fernando Bermudez, Asst. Atty. Gen., Jefferson City, for respondent.

Before ULRICH, P.J., and BRECKENRIDGE and SMITH, JJ.

*384
      *ORDER*

PER CURIAM.

Appeal from the denial, without evidentia-ry hearing, of Rule 24.035 motion seeking to vacate the convictions and sentences imposed.

Judgment affirmed. Rule 84.16(b).
EXHIBIT 31.1
 CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of SoftBrands, 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; andc)
    
    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;
andb)
    
    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/ RANDAL B. TOFTELAND

Randal B. ToftelandPresident and Chief Executive Officer
[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Page 19054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10635]



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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER96-1150-000]


Wheeled Electric Power Company; Notice of Issuance of Order

April 25, 1996.
    On February 23, 1996, as amended March 18, 1996, Wheeled Electric 
Power Company (WEPC) submitted for filing a rate schedule under which 
WEPC will engage in wholesale electric power and energy transactions as 
a marketer. WEPC also requested waiver of various Commission 
regulations. In particular, WEPC requested that the Commission grant 
blanket approval under 18 CFR Part 34 of all future issuances of 
securities and assumptions of liability by WEPC.
    On April 17, 1996, pursuant to delegated authority, the Director, 
Division of Applications, Office of Electric Power Regulation, granted 
requests for blanket approval under Part 34, subject to the following:
    Within thirty days of the date of the order, any person desiring to 
be heard or to protest the blanket approval of issuances of securities 
or assumptions of liability by WEPC should file a motion to intervene 
or protest with the Federal Energy Regulatory Commission, 888 First 
Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 and 
214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 
and 385.214).
    Absent a request for hearing within this period, WEPC is authorized 
to issue securities and assume obligations or liabilities as a 
guarantor, indorser, surety, or otherwise in respect of any security of 
another person; provided that such issuance or assumption is for some 
lawful object within the corporate purposes of the applicant, and 
compatible with the public interest, and is reasonably necessary or 
appropriate for such purposes.
    The Commission reserves the right to require a further showing that 
neither public nor private interests will be adversely affected by 
continued approval of WEPC's issuances of securities or assumptions of 
liability.
    Notice is hereby given that the deadline for filing motions to 
intervene or protests, as set forth above, is May 17, 1996.
    Copies of the full text of the order are available from the 
Commission's Public Reference Branch, 888 First Street, N.E. 
Washington, D.C. 20426.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 96-10635 Filed 4-29-96; 8:45 am]
BILLING CODE 6717-01-M
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 13

- 00749

- CV

IN THE INTEREST OF C .G. and B.G.

, Children

From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2011

- CI

- 06759 Honorable Barbara Hanson Nellermoe, Judge Presiding

BEFORE JUSTICE ANGELINI

, JUSTICE MARION , AND JUSTICE ALVAREZ

We withdraw our opinion and judgment dated June 4, 2014. In accordance with this court’s opinion of this date, (1) the trial court’s “Order Modifying Parent

- Child Relationship” is REVERSED; (2) judgment is RENDERED that Shaun Gifford’s “Petition to Modify Parent

- Child Relationship” is DENIED; and (3) the trial court’s “Order Holding [Loretta DiDonato] in Contempt and G ranting Judgment for Child Support Arrearage and Attorney’s Fees” is

AFFIRMED.

Costs of appeal are assessed against the party that incurred them.

SIGNED August 13, 2014

.

_____________________________ Sandee Bryan Marion, Justice
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 reports of Propex Inc. (the
Company) on Form 10-Q for the period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), we 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 operating results of the Company.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------



|                                                    
|----------------------------------------------------
|/s/ Joseph F. Dana                                  
|President and Chief Executive Officer               
|November 9, 2007                                    
|                                                    
|/s/ Lee McCarter                                    
|Executive Vice President and Chief Financial Officer
|November 9, 2007
#### James GREATHOUSE, Appellant, v. James A. GAMMON, Respondent.

No. WD 45652.

Missouri Court of Appeals, Western District.

Sept. 15, 1992.

Motion for Rehearing and/or Transfer to Supreme Court Denied Oct. 27, 1992.

*494James Greathouse, pro se.

William L. Webster, Atty. Gen., Joseph P. Whyte, Asst. Atty. Gen., Jefferson City, for respondent.

Before ULRICH, P.J., and SHANGLER and FENNER, JJ.

ORDER

PER CURIAM.

Appeal from circuit court order of dismissal of plaintiff’s application for trial de novo in a small claims action. Untimely filing of application resulted in lack of jurisdiction in the circuit court and this court.

Dismissal of trial de novo application is affirmed. Rule 84.16(b).
[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Notices]
[Page 21219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11610]



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

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster Loan Area #2851]


Kentucky; Declaration of Disaster Loan Area

    Madison County and the contiguous counties of Clark, Estill, 
Fayette, Garrard, Jackson, Jessamine, and Rockcastle in the State of 
Kentucky constitute a disaster area as a result of damages caused by 
high winds and tornadoes which occurred on April 20, 1996. Applications 
for loans for physical damage may be filed until the close of business 
on July 1, 1996 and for economic injury until the close of business on 
January 30, 1997 at the address listed below:

U.S. Small Business Administration, Disaster Area 2 Office, One 
Baltimore Place, Suite 300, Atlanta, GA 30308

or other locally announced locations.
    The interest rates are:

------------------------------------------------------------------------
                                                                 Percent
------------------------------------------------------------------------
For Physical Damage:                                                    
  Homeowners With Credit Available Elsewhere..................     7.250
  Homeowners Without Credit Available Elsewhere...............     3.625
  Businesses With Credit Available Elsewhere..................     8.000
  Businesses and Non-Profit Organizations Without Credit                
   Available Elsewhere........................................     4.000
  Others (Including Non-Profit Organizations) With Credit               
   Available Elsewhere........................................     7.125
  For Economic Injury.........................................          
  Businesses and Small Agricultural Cooperatives Without                
   Credit Available Elsewhere.................................     4.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 285112, 
and for economic injury the number is 883900.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008).

    Dated: April 30, 1996.

John T. Spotila,
Acting Administrator.
[FR Doc. 96-11610 Filed 5-8-96; 8:45 am]
BILLING CODE 8025-01-P