alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1





CERTIFICATION PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION 1350)





In connection with the accompanying Quarterly Report of Marani Brands, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2010 (the “Report”), I, Margrit Eyraud, Chief Executive Officer of the Company, hereby certify that to my knowledge:





(1)           The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and





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








Date:  May 24, 2010/s/ Margrit EyraudMargrit EyraudChief Executive Officer
#### Joanne MESSINA, Respondent, v. Ross MESSINA, Appellant.

No. WD 41404.

Missouri Court of Appeals, Western District.

Sept. 12, 1989.

Robert H. Shaw, Platte City, William L. Voorhies, Kansas City, for appellant.

Richard E. McFadin, McFadin, White and Fincham, Kansas City, for respondent.

Before SHANGLER, P.J., and TURNAGE and KENNEDY, JJ.

ORDER

PER CURIAM.

Appeal from that part of a dissolution decree which divided the marital property and awarded child support.

Judgment affirmed. Rule 84.16(b).
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 15

- 00179

- CR

Jackie L. Stokes

v.

The State of Texas §

§

§

§

§ From the 297th District Court

of Tarrant County (1390634D)

July 2, 2015

Per Curiam

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

the appeal should be dismissed. It is ordered that the appeal is dismissed.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM
[Cite as State ex rel. Evans v. Fink, 2011-Ohio-2804.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION 

No. 96692

STATE OF OHIO, EX REL.

CARL W. EVANS

RELATOR 

vs. 

EDWARD J. FINK, MAGISTRATE, ET AL.

RESPONDENTS 

JUDGMENT: 

WRIT DENIED 

 

Writ of Prohibition/Mandamus 

Motion No. 444838 

Order No. 444904 

RELEASE DATE: June 8, 2011 
FOR RELATOR

Carl W. Evans, pro se 

#583-793 

Marion Correctional Institution 

P.O. Box 57 

Marion, Ohio 43301 

ATTORNEYS FOR RESPONDENTS

Timothy G. Dobeck 

Law Director/Chief Prosecutor 

City of Parma 

6611 Ridge Road 

Parma, OH 44129 

Bruce M. Courey 

Assistant Law Director 

City of Parma 

6611 Ridge Road 

Parma, OH 44129 

SEAN C. GALLAGHER, J.: 
{¶ 1} Carl W. Evans, the relator, has filed a complaint for a writ of 

prohibition and/or mandamus. Evan seeks an order from this court that 

requires the Parma Municipal Court and Edward J. Fink, Magistrate, the 

respondents, to dismiss and/or prohibit the adjudication of the traffic offenses 

of driving under financial responsibility law suspension or cancellation (R.C. 

4510.16), speeding (R.C. 4511.21(C)), and reckless operation (R.C. 4511.20) as 

charged in City of Parma v. Evans, Parma Municipal Court Case No. 

10TRD01870. 

{¶ 2} Sua sponte, we decline to issue an extraordinary writ on behalf of 

Evans. On May 19, 2011, the Parma Municipal Court and Edward J. Fink 

jointly filed a “notice of dismissal entry,” which demonstrates that the traffic 

offenses, as charged in City of Parma v. Evans, supra, were dismissed on May 

10, 2011. Evans’s complaint for a writ of prohibition and/or mandamus is 

moot. State v. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio 

St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman 

(1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. 

{¶ 3} Costs are awarded to the Parma Municipal Court and Edward J. 

Fink. Upon further consideration, costs are ordered waived. It is further 

ordered that the Clerk of the Eighth District Court of Appeals serve notice of 

this judgment upon all parties as required by Civ.R. 58(B). 

Writ denied. 
SEAN C. GALLAGHER, JUDGE 

PATRICIA ANN BLACKMON, P.J., and 

KATHLEEN ANN KEOUGH, J., CONCUR
# Fourth Court of Appeals

**San Antonio, Texas**

August 13, 2014

No. 04

- 14

- 00476

- CR

Michael LOPEZ

, Appellant

v.

The STATE of Texas

, Appellee

From the 290th Judicial District Court

, Bexar County, Texas

Trial Court No. 2012CR1981

Honorable Melisa Skinner

, Judge Presiding

ORDER

In accordance with this c ourt’s memorandum opinion of this date, the appeal is

DISMISSED FOR LACK OF JURISDICTION.

It is so ORDERED on August 13, 2014

.

_____________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 13th day of August, 2014

.

_____________________________ Keith E. Hottle, Clerk
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Notices]
[Page 25921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13001]



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


NATIONAL SCIENCE FOUNDATION

Advisory Committee for Social, Behavioral & Economic Sciences; 
Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting.

    Name and Committee Code: Advisory Committe for Social, 
Behavioral & Economic Sciences (#1171).
    Date and Time: June 6-7, 1996; 900 a.m. to 5:00 p.m.
    Place: Room 920 & 310, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, VA 22230.
    Type of Meeting: Closed.
    Contact Person: Dr. Steven J. Breckler, National Science 
Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone: 
(703) 306-1731.
    Purpose of Meeting: To carry out Committee of Visitors (COV) 
review, including examination of decisions on proposals, reviewer 
comments, and other privileged materials.
    Agenda: To provide oversight review of the Social Psychology 
Program.
    Reason for Closing: The meeting is closed to the public because 
the Committee is reviewing proposal actions that will include 
privileged intellectual property and personal information that could 
harm individuals if they are disclosed. If discussions were open to 
the public, these matters that are exempt under 5 U.S.C. 552b(c), 
(4) and (6) of the Government in the Sunshine Act would be 
improperly disclosed.
    Reason for Late Notice: Difficulty in arranging for a suitable 
meeting time for the full committee.

    Dated: May 20, 1996.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 96-13001 Filed 5-22-96; 8:45 am]
BILLING CODE 7555-01-M
#### STATE of Tennessee, Appellee, v. Paul E. STREET, Appellant.

Court of Criminal Appeals of Tennessee, at Nashville.

Feb. 24, 1989.

Permission to Appeal Denied by Supreme Court May 8, 1989.

Michael V. Thompson, Nashville, for appellant, Paul E. Street.

W.J. Michael Cody, Atty. Gen. & Reporter, Albert L. Partee, III, James F. Walsh, Jr., Asst. Attys. Gen., Nashville, for appel-lee.

OPINION

REID, Judge.

This case presents an appeal as of right from an order of the Criminal Court of Davidson County denying, after an eviden-tiary hearing, a post-conviction petition which attacks 18 pleas of guilty charged as predicate offenses in a pending prosecution for habitual criminal.

The petition charges the pleas of guilty entered in five felony convictions in the State of Kentucky and in 13 felony convictions in the Criminal Courts of Davidson County were not voluntarily and knowingly entered because Appellant was not advised by the courts accepting the pleas that the convictions might be used to enhance punishment imposed in any future prosecution.

This issue has been resolved contrary to Appellant’s insistence. *State v. Evans,*669 S.W.2d 708 (Tenn.Crim.App.1984).

Appellant relies upon *State v. McClintock,*732 S.W.2d 268 (Tenn.1987), in which the Supreme Court set forth the procedure to be followed in determining the validity of a facially sufficient conviction. *MeClin-tock*did not promulgate any new constitutional right. The court specifically held, “This is a procedural decision.” *McClin-tock*recognized that, pursuant to T.C.A. § 40-30-105, only constitutionally protected rights may be asserted on post-conviction proceeding. Consequently, *McClin-tock*does not support Appellant’s contention in this case.

*562In addition, the procedure for attacking convictions based on constitutionally invalid pleas set forth in *McClintock*was not followed in this case.

The judgment denying the petition is affirmed.

JONES, J., and ALLEN R. CORNELIUS, Jr., Special Judge, concur,
**EXHIBIT 32**

**CERTIFICATION OF CHIEFEXECUTIVE OFFICERAND CHIEF FINANCIAL OFFICERPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, being the Chief ExecutiveOfficer and Chief Financial Officer of Venoco, Inc., a Delawarecorporation (the “Issuer”), hereby certify that the report on Form 10-Q(the “Report”) of the Issuer for the quarter ended March 31, 2006, whichaccompanies this certification, fully complies with the requirements ofSection 15(d) of the Securities Exchange Act of 1934 and that theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Issuer.
| /s/ Timothy M. Marquez                 |   |
|----------------------------------------|--------|
| Timothy M. Marquez                     |   |
| *Chief Executive Officer and Chairman* |   |
| May 16, 2006                      |   |
|                                   |   |
| /s/ David B. Christofferson            |   |
| David B. Christofferson                |   |
| *Chief Financial Officer*              |   |
| May 16, 2006                      |   |

 

----
[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Notices]
[Pages 24798-24799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12263]



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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary


Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the Office of Research Integrity 
(ORI) has made final findings of scientific misconduct in the following 
case:
    Michael W. Washabaugh, Ph.D., Johns Hopkins University: Based on an 
investigation conducted by the institution as well as information 
obtained by ORI during its oversight review, ORI found that Michael W. 
Washabaugh, Ph.D., Associate Professor of Biochemistry, Department of 
Biochemistry, Johns Hopkins University School of Hygiene and Public 
Health, committed scientific misconduct by reporting falsified and/or 
fabricated research data in two grant applications submitted to the 
National Institutes of Health.
    Specifically, Dr. Washabaugh (1) reported falsified results of 
experiments concerning the number of DTNB (5,5'-dithiobis [2-
nitrobenzoate]) reactive thiols in native thiamin binding protein in a 
grant application entitled ``Mechanism of a periplasmic permease,'' and 
(2) reported falsified and/or fabricated portions of data presented in 
two separate figures to support his hypothesis of thiamin binding to 
thiamin binding protein in grant applications entitled ``Mechanism of a 
periplasmic permease'' and ``Mechanisms of enzymic and non-enzymic 
thiamin reactions.''
    Dr. Washabaugh has entered into a Voluntary Exclusion Agreement 
with ORI in which he has voluntarily agreed, for the four (4) year 
period beginning May 7, 1996, to exclude himself from:
    (1) Any contracting or subcontracting with any agency of the United 
States Government and from eligibility for, or involvement in, 
nonprocurement transactions (e.g., grants and cooperative agreements) 
of the United States Government as defined in 45 C.F.R. Part 76 
(Debarment Regulations), and
    (2) Serving in any advisory capacity to the Public Health Service 
(PHS), including but not limited to service on any PHS advisory 
committee, board, and/or peer review committee, or as a consultant.

[[Page 24799]]

    No scientific publications were required to be corrected as part of 
this Agreement.

FOR FURTHER INFORMATION CONTACT: Director, Division of Research 
Investigations, Office of Research Integrity, 5515 Security Lane, Suite 
700, Rockville, MD 20852.
Chris B. Pascal, J.D.,
Acting Director, Office of Research Integrity.
[FR Doc. 96-12263 Filed 5-15-96; 8:45 am]
BILLING CODE 4160-17-P
EXHIBIT 10.1

List of Officers and Directors Entering Into Indemnification Agreements



|                       |  |                                         |  |                  
|---------------------- |  | --------------------------------------- |  | -----------------
|Name                   |  | Position                                |  | Date of Agreement
|Adam S. Berger         |  | Chief Executive Officer and Director    |  | July 9, 2007     
|Gregory R. Liberman    |  | President and Chief Operating Officer   |  | July 9, 2007     
|Mark G. Thompson       |  | Chief Financial Officer                 |  | July 9, 2007     
|Joshua A. Kreinberg    |  | General Counsel and Corporate Secretary |  | July 9, 2007     
|Gregory J. Franchina   |  | Chief Information Officer               |  | July 9, 2007     
|Michael E. Brown       |  | Director                                |  | July 9, 2007     
|Jonathan B. Bulkeley   |  | Director                                |  | July 9, 2007     
|Benjamin A. Derhy      |  | Director                                |  | July 9, 2007     
|Christopher S. Gaffney |  | Director                                |  | July 9, 2007     
|Michael A. Kumin       |  | Director                                |  | July 9, 2007     
|Thomas G. Stockham     |  | Director                                |  | August 1, 2007
[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Notices]
[Pages 25496-25497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12650]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

Grassroots Regulatory Partnership Meeting; Pacific Region San 
Francisco District Office; Medicated Feed Industry

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of a public meeting.

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

SUMMARY: The Food and Drug Administration (FDA) (Office of External 
Affairs, Office of Regulatory Affairs, Office of the Pacific Region, 
and the Center for Veterinary Medicine) is announcing a free public 
meeting as a followup to a meeting held in April 1995. FDA's San 
Francisco District Office (Pacific Region) and the Center for 
Veterinary Medicine will meet with interested persons in the Pacific 
Region to address specific issues related to the medicated feed 
industry to help the industry comply with FDA regulations. The agency 
is holding this meeting to promote the President's initiative for a 
partnership approach with front-line regulators and the people affected 
by the work of this agency.

DATES: The public meeting will be held on Friday, May 31, 1996, from 8 
a.m. to 4:30 p.m.

ADDRESSES: The public meeting will be held at the Red Lion Inn, 1401 
Arden Way, Sacramento, CA 95815. Attendees requiring overnight 
accommodations may contact the hotel at 916-922-8041.

FOR FURTHER INFORMATION CONTACT: 
     Regarding the Sacramento area: Karen L. Robles or Susan R. Nelson, 
Food and Drug Administration, 650 Capitol Mall, rm. 6002, Sacramento, 
CA 95814, 916-498-6403 or 916-498-6400 or FAX 916-498-6401.
    -Regarding the Fresno area: Robert J. Anderson, Food and Drug 
Administration, 2202 Monterey St., suite 104E, Fresno, CA 93721, 209-
487-5321 or FAX 209-487-5305.
SUPPLEMENTARY INFORMATION: In the Federal Register of April 20, 1995 
(60 FR 19753), FDA announced that a series of Grassroots Regulatory 
Partnerships meetings would be held. This document announces a free 
public meeting as a followup to the meetings held in April 1995. Those 
persons interested in attending this public meeting should FAX their 
comments and registration including name, firm/organization, address, 
telephone and FAX numbers to the appropriate contact person listed 
above, by Friday, May 24, 1996.
    There is no registration fee for this meeting, but advance 
registration is required. Space is limited and all interested parties 
are encouraged to register early. The goals of this meeting are to 
listen to concerns and ideas, and to identify next steps for the 
agency.


[[Page 25497]]


    Dated: May 15, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-12650 Filed 5-20-96; 8:45 am]
BILLING CODE 4160-01-F
Exhibit 32.1

Certification of Principal Executive Officer 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 pSivida Corp. (the Company) on Form
10-Q for the quarter ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paul Ashton, President and Chief Executive Officer of the Company, certify that to the best of
my knowledge:



| | 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 9, 2010



|                |  |                                      
|--------------- |  | -------------------------------------
|/s/ Paul Ashton
|Name:           |  | Paul Ashton                          
|Title:          |  | President and Chief Executive Officer
|                |  | (Principal Executive Officer)
### NUMBER 13 - 14 - 00 074 - CR 

## COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

RODOLFO DELGADO JR. , A ppellant ,
v. THE STATE OF TEXAS, A ppellee

.

On a ppeal from the 1 03rd District Court of Cameron County, Texas.



## ORDER ABATING APPEAL
Before Chief Justice Valdez and Justices Rodriguez and Garza Order Per Curiam Appellant ’ s brief was originally due to be filed on Ju ne 9, 2014

. This Court has previously granted two motions for extension of time to file appellant ’ s brief in this case. On October 2 , 2014 , the Clerk of the Court notified appellant ’ s c ounsel that the brief had not been filed and requested a response concerning the failure to file the brief within ten2

days. Counsel failed to respond or file a brief and this Court abated the appeal and
remanded the cause to the trial court for further pr oceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate Procedure. On October 29, 2014, the trial court held a hearing and made findings that appellant intends to prosecute his appeal and that counsel has medical issues and requests additional time to finish the brief. The trial court recommended that appellant be allowed to continue his appeal with his current attorney of record, the Honorable Rebecca Rubane, and that she be given an extension of 45 days to file the brief. On December 1, 2014, this Court ordered counsel to file the brief on or before January 5, 2 015, informing counsel that no further extensions would granted and failure to file the brief would result in abatement to the trial court for appointment of new counsel. Nevertheless, counsel failed to file the brief. Appellant is entitled to effective a ssistance of counsel. We have a duty to ensure that appellant ’ s rights are protected. Accordingly, we ABATE and REMAND this matter to the trial court with instructions to remove Rebecca Rubane as counsel for appellant and appoint new appellate counsel in h e r place. The name, address, telephone number, email address and state bar number of the newly appointed counsel shall be included in the order of appointment. The trial court shall cause its order to be included in a supplemental clerk's record to be filed with the Clerk o f this Court on or before the expiration of thirty days from the date of this order. Appellant’s brief will be due within thirty days of the date that appellant’s new counsel is appointed. The Court will not entertain an extension of time to file the br ief in3

this matter. It is so ORDERED. PER CURIAM

Do not publish

. T EX

. R. A PP

. P . 47.2(b)

. Delivered and filed the 16th day of January , 201 5

.
#### Eugene C. KIRK, Appellant, v. STATE of Missouri, Respondent.

No. 56002.

Missouri Court of Appeals, Eastern District, Division Three.

Aug. 8, 1989.

Application to Transfer Denied Nov. 14, 1989.

*662Alice Anne O’Keefe, Asst. Public Defender, Clayton, for appellant.

William L. Webster, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

DOWD, Presiding Judge.

Movant was convicted of robbery first degree and sentenced as a persistent and dangerous offender to life in prison. Mov-ant’s direct appeal of this conviction was denied by this court in *State v. Kirk,*636 S.W.2d 962 (Mo.App.1982). On June 22, 1988, movant filed a Rule 29.15 motion which was denied without an evidentiary hearing. He now appeals this denial on the sole ground that his trial counsel was ineffective in failing to preserve for review a *Batson*issue of improper prosecutorial use of racially based peremptory challenges.

This appeal is patently meritless for two reasons. First, post-conviction relief for ineffective assistance of counsel is limited to errors which prejudiced the mov-ant by denying him a fair trial. *Strickland v. Washington,*466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984). While failure to object to improper jury selection methods could constitute ineffective assistance of counsel impinging the fairness of a criminal trial, movant does not claim that his trial counsel’s inaction affected the fairness of his trial. He claims counsel’s inaction affected his ability to appeal the conviction. As such, this point relied on does not state a claim cognizable under Rule 29.15.

Even if the contention of error had been properly worded to identify counsel’s inaction as affecting the trial itself, movant would not be entitled to relief. His conviction became final when his direct appeal was denied in 1982, four years prior to the decision in *Batson v. Kentucky,*476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). *Byrd v. State,*723 S.W.2d 37, 42 (Mo.App. 1986). As such, the *Batson*prohibition on. racially motivated peremptory challenges did not retroactively apply to his trial and trial counsel could not be held ineffective for failing to pursue a contention of error that did not then exist. *Scott v. State,*741 S.W.2d 692, 693 (Mo.App.1987).

The judgement of the motion court is affirmed.

SIMON and HAMILTON, JJ., concur.