alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Missouri, Respondent, v. Huey NEAL, Appellant. Huey NEAL, Appellant, v. STATE of Missouri, Respondent.

Nos. WD 50716, WD 52437.

Missouri Court of Appeals, Western District.

Dec. 17, 1996.

Rosalynn Koch, Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Kurt U. Schaefer, Asst. Atty. Gen., Jefferson City, for Respondent.

Before LOWENSTEIN, P.J., and BERREY and EDWIN H. SMITH, JJ.

*ORDER*

PER CURIAM.

This consolidated appeal arises from convictions of forcible rape and felonious restraint where appellant was sentenced as a prior and persistent offender to consecutive sentences of twenty and seven years. Appellant timely filed his Rule 29.15 postconviction motion which was denied by the court.

Judgment affirmed. Rule 30.25(b) and Rule 84.16(b).
Exhibit31.2

Certification of Chief
Financial OfficerPursuant to Section 302 of the Sarbanes-Oxley Act of
2002




I, Donald T. Locke, certify
that:

1.            
I have reviewed this Aannual Report on Form 10-K for the year ended December 31,
2004, of Summus, Inc.  (“Summus”);

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 Summus as of, and for, the
periods presented in this report.

4.            
Summus’s other certifying officers and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in the Exchange Act
Rules 13a-15(e) and 15d-15(e)) for Summus 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 Summus, 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 Summus’ disclosure control’s 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 Summus’ internal control over financial
reporting that occurred during Summus’ most recent fiscal quarter that has
materially affected, or is reasonably likely to materially affect, Summus’
internal control over financial reporting; and

5.            
Summus’ other certifying officers and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to Summus’ auditors and
the audit committee of Summus’ board of directors:

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 Summus’ 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 Summus’ internal control over financial
reporting.



Date:    March 31,
2005

_______/s/ Donald T.
LockeDonald T. LockeChief Financial Officer
EXHIBIT 31.2

CERTIFICATION

I, William J. Aliber, certify that:

1.     I have reviewed this 10-K/A Report of Crown Media Holdings, 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(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):



| |  |  | /s/WILLIAM J. ALIBERWilliam J. Aliber Executive Vice President and Chief Financial
Officer
| |  |  | ------------------------------------------------------------------------------------------

---

QuickLinks
IN THE SUPREME COURT OF PENNSYLVANIA 

EASTERN DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

Respondent 

v. 

JAMES DUNYAN, 

Petitioner 

:

:

:

:

:

:

:

:

:

:

:

No. 672 EAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 16th day of March, 2016, the Petition for Allowance of Appeal is 

DENIED.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T DA NI E L L AWR E NC E S MI T H, P la in tif

f - A p p e lla n t, v. F I G E R O E ; e t a l., D efen d an t s - A p p el l ees. N o. 10- 17141 D . C. N o . 2 : 0 7 - c v - 0 0 8 3 7 - W BSC MK ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e E a s te rn D is tr ic t o f C a lif o rn ia W i l l i a m B . S hubb, D i s tr i c tJudge , P r e s i di ng S ubm i tt e d O c t obe r25, 2011 ** B efo re: T R O T T , G O U L D , an dR A W L IN S O N , C i rcu i tJu d g es. D a ni e l L a w r e nc e S m i th, aC a l i f orni as t a t e pr i s one r , appe a l s pr o s e f r om the di stri ctcourt ’ s s um m ary j ud gm enti n h i s 42 U . S . C . § 1 98 3 act i on al l egi ng that defe nd ant s vi ol at ed hi s r i gh tof ac ce ss t o the court s. W e have j uri sdi ct i on un der 2 8 U .S .C . § 1 2 9 1 . W e r e v ie w d e n o v o , J ones v . B lanas , 393 F . 3d 918, 926



# FI LED NO V 01 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 17141 2 ( 9 th Ci r . 2 0 0 4 ) , a n dw e a f f i rm. T he di stri ctcourtprop er l y grant ed sum m ary j ud gm entbecause S m i th fai l ed t o rai se a genui ne di sput e of m at er i al fa ctas t o w hether he s uffe re d an actual i nj ury a s ar e s u lt o f

th e lo s s o f

th e K e yb o d e c la r a tio n . See L ew is v . Casey , 518 U . S . 343, 3 5 0 -5 3 (1 9 9 6 ) (access-to-co u rt s cl ai m req u i res p l ai n t i ff t o sh o w th atd efen d an t s’ c o n d u c t c au s e da c tu a l in ju ryto an o n - f

r iv o lo u s le g a l c la im ) . S p e c if ic a lly , S m ith di d notr a i s e age nui ne di s put e of m a t e r i a l f

a c ta s t o w he the rthe de c l a r a t i on c o n ta in e d“n e w lyd is c o v e r e de v id e n c e ” th a t w o u lda llo w h im to p u r s u e as ta te h ab e a s a c tio n . I

n r e H ardy , 163 P . 3d 853, 872 ( C a l . 2007) ( s e tt i ng f orth the r e qui r e m e nt s f

orpur s ui ng ahabe a s a c t i on c l a i m i ng a c tua l i nnoc e nc e ba s e d on new l y di sc ov er ed evi dence). W e d o n o t c o n s id e ris s u e s th a t w e r e n o t r a is e din th e o p e n in g b r ie f . See Sm i th v. M

a rsh , 19 4 F . 3d 10 45 , 10 52 (9th C i r. 19 99 ). S m i th’ s r em ai ni ng cont ent i on s are un pers uasi ve. AF F I RME D.
Exhibit 32.2

Certification of Principal Financial 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, 2008, as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Michael J. Soja, Vice President, Finance and Chief Financial 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 12, 2008



|                       |  |                                                    
|---------------------- |  | ---------------------------------------------------
|/s/    Michael J. Soja
|Name:                  |  | Michael J. Soja                                    
|Title:                 |  | Vice President, Finance and Chief Financial Officer
[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Notices]
[Pages 24807-24808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12323]



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

DEPARTMENT OF JUSTICE
Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Petrotechnical Open Software Corporation

    Notice is hereby given that, on April 22, 1996, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. Sec. 4301 et seq. (``the Act''), Petrotechnical Open Software 
Corporation (``POSC'') has filed written notifications simultaneously 
with the Attorney General and the Federal Trade Commission disclosing 
changes in its

[[Page 24808]]

membership. The notifications were filed for the purpose of extending 
the Act's provisions limiting the recovery of antitrust plaintiffs to 
actual damages under specified circumstances. Specifically, the 
following additional parties have become new non-voting members of 
POSC: Information Dimensions (France), Puteaux, FRANCE; Codd and Date 
Ltd., Cheshan, Bucks, UNITED KINGDOM; Pt. ELNUSA Geosains, Jakarta, 
INDONESIA.
    No other changes have been made in either the membership or planned 
activity of POSC.
    On January 14, 1991, POSC filed its original notifications pursuant 
to Section 6(a) of the Act. The Department of Justice published a 
notice in the Federal Register pursuant to Section 6(b) of the Act on 
February 7, 1991, (56 FR 5021).
    The last notification was filed with the Department on January 24, 
1996. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on April 3, 1996, (61 FR 14817).
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 96-12323 Filed 5-15-96; 8:45 am]
BILLING CODE 4410-01-M
|   | 1. | The      name of the corporation is Velocity EnergyInc. |
|--------|----|---------------------------------------------------------|

|   | 2. | That      a Certificate of Designations, Preferences and Rights of Series A      Convertible Preferred Stock of Velocity Energy Inc. was filed by the      Secretary of State of Delaware on March 4, 2009 and that said Certificate      requires correction as permitted by Section 103 of the General Corporation      Law of the State of Delaware. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 3. | The      inaccuracy or defect of said Certificate to be corrected is as follows:      the first paragraph of Section 4 of the Certificate provides incorrectly      that the Liquidation Rate is $0.001 per share whereas the correct      Liquidation Rate is $1.20 pershare. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 4. | The      first paragraph of Section 4 of the Certificate is corrected to read as      follows: |
|--------|----|------------------------------------------------------------------------------------------------|

|   | VELOCITY      ENERGY INC. |                               |
|--------|---------------------------|------------------------------------|
|   |                      |                               |   |
|   | By:                       | /s/ Donald      E. Vandenberg |   |
|   |                      | Donald      E. Vandenberg          |   |
|   |                      | Chief      Executive Officer       |   |
|   |                      |                               |   |

----
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Nick Fisher, 

Plaintiff, 

v. 

One Way Funding LLC, 

Defendant. 

No. CV-18-00309-PHX-DLR 

ORDER 

 Before the Court is Plaintiff’s Motion for Default Judgment, For Class Certification, 

and for Leave to Conduct Discovery. (Doc. 17.) The Court held a hearing on the motion 

on December 20, 2018, during which the Court advised Plaintiff that it would grant his 

request for leave to conduct discovery but would defer consideration of the default 

judgment and class certification issues until after such discovery is complete. Discovery 

will provide a clearer picture of the size of the potential class and better guide Plaintiff in 

crafting an appropriate class notice, should the Court ultimately grant a motion for class 

certification. After discussing the matters with the Court, Plaintiff orally agreed to 

withdraw his current motions for default judgment and class certification without prejudice 

to those motions being renewed after discovery. Accordingly, 

IT IS ORDERED that Plaintiff’s Motion for Default Judgment, For Class 

Certification, and for Leave to Conduct Discovery (Doc. 17) is GRANTED in part and 

WITHDRAWN in part, as follows: 

Case 2:18-cv-00309-DLR Document 23 Filed 12/21/18 Page 1 of 2
- 2 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

1. Plaintiff’s motion for leave to conduct limited discovery is GRANTED. 

Plaintiff shall have 120 days from the date of this order in which to conduct 

limited discovery into his potential class allegations. Plaintiff may serve 

subpoenas upon the telephone service providers(s) of the following telephone 

numbers: 631-239-8720, 631-239-8731, and 516-203-7559. Plaintiff may also 

serve written discovery requests upon Defendant One Way Funding, LLC. 

2. Plaintiff’s oral motion, made during the December 20, 2018 hearing, to 

withdraw his motion for default judgment and motion for class certification 

without prejudice to renewing those motions after the completion of discovery 

is GRANTED. Those portions of the motion are deemed WITHDRAWN. 

3. Plaintiff shall separately renew his motion for class certification and motion for 

default judgment by no later than May 15, 2019, if he still wishes to pursue them 

after completing discovery. 

4. If the Court grants a renewed motion for class certification, Plaintiff shall have 

60 days from the date of that ruling to prepare and submit a proposed notice to 

potential class members pursuant to Federal Rule of Civil Procedure 23(c)(2)(B). 

Dated this 21st day of December, 2018. 

Douglas L. Rayes 

United States District Judge 

Case 2:18-cv-00309-DLR Document 23 Filed 12/21/18 Page 2 of 2
#### Jimmy Ray FERGUSON, Appellant, v. STATE of Missouri, Respondent.

No. WD 39937.

Missouri Court of Appeals, Western District.

Oct. 25, 1988.

Motion for Rehearing and/or Transfer to Supreme Court Denied Nov. 29, 1988.

Application to Transfer Denied Jan. 17, 1989.

Susan L. Hogan, Columbia, for appellant. William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before FENNER, P.J., and MANFORD and GAITAN, JJ.

ORDER

PER CURIAM.

Appeal from denial of Rule 27.26 motion for postconviction relief.

AFFIRMED. Rule 84.16(b).
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 MICHAEL SERNA,

3 Petitioner-Appellee,

4 v. NO. 32,135

5 NEW MEXICO TAXATION

6 AND REVENUE DEPARTMENT,

7 Respondent-Appellant.

8 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY

9 Thomas J. Hynes, District Judge

10 Michael Serna

11 Flora Vista, NM

12 Pro Se Appellee

13 Peter Breen

14 Santa Fe, NM

15 for Appellant

16 MEMORANDUM OPINION

17 KENNEDY, Judge.
2

1 Summary affirmance was proposed for the reasons stated in the notice of

2 proposed summary disposition. No memorandum opposing summary affirmance has

3 been filed, and the time for doing so has expired.

4 AFFIRMED.

5 IT IS SO ORDERED.

6 _______________________________

7 RODERICK T. KENNEDY, Judge

8 WE CONCUR:

9 ___________________________

10 JAMES J. WECHSLER, Judge

11 ___________________________

12 LINDA M. VANZI, Judge
Case 4:18-cv-00032-RM Document 49 Filed 08/29/18 Page 1 of 2
Case 4:18-cv-00032-RM Document 49 Filed 08/29/18 Page 2 of 2
EXHIBIT 20

Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 1 of 10
Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 2 of 10
Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 3 of 10
Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 4 of 10
Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 5 of 10
Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 6 of 10
Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 7 of 10
Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 8 of 10
Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 9 of 10
Case 2:17-cv-04140-DWL Document 89-20 Filed 10/09/18 Page 10 of 10
EXHIBIT
32.1/32.2




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
of International Cellular Accessories (the “Company”) on Form 10-Q for the
quarter ended March 31, 2009 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Clifford Chapman, Chief
Executive and Financial 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;





(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.




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











/s/ 
Clifford
Chapman


Name:  Clifford
Chapman


Title:    Chief
Executive and Financial Officer


Date:    May
13, 2009
Exhibit 31.1
 Certification of President and Chief Executive Officer
Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Anthera Pharmaceuticals, 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(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;
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(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; 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.
 Date: August 12, 2010
    /s/ Paul F. TruexPaul F. TruexPresident and Chief Executive Officer
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ERIKA DAUBENMIRE,

Appellant,

v.

D.R. HORTON, INC.,

Appellee.

No. 4D21-2637

[October 13, 2022]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, 

Indian River County; Janet C. Croom, Judge; L.T. Case No. 31-2019-CA000632.

Christopher M. Rotunda of Graves Thomas Rotunda Injury Law Group, 

Vero Beach, for appellant.

Crystal L. Arocha, G. Martina Lanfersiek and Michael J. Lynott of 

Milber, Makris, Plousadis & Seiden, LLP, Miami, for appellee.

PER CURIAM.

Affirmed.

GROSS, DAMOORGIAN and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.