alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
TAYLOR CAPITAL GROUP, INC. FORM 10-Q FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          69,281
<INT-BEARING-DEPOSITS>                           3,050
<FED-FUNDS-SOLD>                                 1,750
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    347,192
<INVESTMENTS-CARRYING>                          84,229
<INVESTMENTS-MARKET>                            84,168
<LOANS>                                      1,435,808
<ALLOWANCE>                                     26,561
<TOTAL-ASSETS>                               2,005,395
<DEPOSITS>                                   1,551,103
<SHORT-TERM>                                   167,456
<LIABILITIES-OTHER>                             25,361
<LONG-TERM>                                    114,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     38,250
<COMMON>                                            47
<OTHER-SE>                                     108,678
<TOTAL-LIABILITIES-AND-EQUITY>               2,005,395
<INTEREST-LOAN>                                 86,747
<INTEREST-INVEST>                               17,667
<INTEREST-OTHER>                                   597
<INTEREST-TOTAL>                               105,011
<INTEREST-DEPOSIT>                              36,140
<INTEREST-EXPENSE>                              47,466
<INTEREST-INCOME-NET>                           57,545
<LOAN-LOSSES>                                    4,500
<SECURITIES-GAINS>                                 107
<EXPENSE-OTHER>                                 52,556
<INCOME-PRETAX>                                 14,828
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                          214
<NET-INCOME>                                     8,632
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    4.32
<LOANS-NON>                                     13,078
<LOANS-PAST>                                     4,839
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                24,599
<CHARGE-OFFS>                                    4,166
<RECOVERIES>                                     1,628
<ALLOWANCE-CLOSE>                               26,561
<ALLOWANCE-DOMESTIC>                            26,561
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
Electronically Filed

Intermediate Court of Appeals

CAAP-14-0000589

22-JUN-2015

12:10 PM
<PAGE>
 
                                                                    EXHIBIT 23.1
                                                                    ------------


                       CONSENT OF INDEPENDENT ACCOUNTANTS
                       ----------------------------------


We hereby consent to the incorporation by reference in the Prospectus
constituting part of the Registration Statements on Form S-3 (No.'s 33-55990 and
33-68250) and in the Registration Statements on Form S-8 (No.'s 33-10742, 33-
15712, 33-24444, 33-55992, 33-85908 and 33-61103) of Synbiotics Corporation of
our report dated February 15, 1996 appearing on page 11 of this Form 10-KSB.



PRICE WATERHOUSE LLP

San Diego, California
March 28, 1996
#### Harnor Realty Co., Inc., Respondent, *v. “*John ” Mondarelli et al., Appellants, and Robert C. Weaver, as State Rent Administrator, Intervenor-Appellant.

Supreme Court, Appellate Term, First Department,

October *25,*1956.

*Benjamin E. Lander*for appellants.

*Norman S. Fenton*and *Nathan Heller*for intervenor-appellant.

*Joseph A. Monica*for respondent.

*619
      *Per Curiam.*

A Board of Estimate resolution, changing the grade of a street and a direction to the landlord to correct the foundation of his building in accordance with such modification, do not thereby render occupancy of housing accommodations illegal and thus obviate the necessity of procuring a certificate of eviction from the Bent Administrator *(Garber*v. *Egger,*132 N. Y. S. 2d 371).

The orders should be reversed, with $10 costs, and motion granted.

Eder, Hecht and Tilzer, JJ., concur.

Orders reversed, etc.
Case 1:11-cv-02313-MSK-MJW Document 10 Filed 10/14/11 USDC Colorado Page 1 of 2
Case 1:11-cv-02313-MSK-MJW Document 10 Filed 10/14/11 USDC Colorado Page 2 of 2
Exhibit 31. 2

Chief Financial Officer Certification

I, Wendy A. Nieto, Chief Financial Officer and Executive Vice President of Technology and Operations of Intraware, Inc. certify that:

(1)   I
have reviewed this report on Form 10-Q of Intraware, Inc. (the "registrant");

(2)   Based
on my knowledge, this Quarterly 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 such term is 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 fulfilling the equivalent function):



Dated:
October 15, 2003

|/s/WENDY A. NIETOWendy A. Nieto Chief Financial Officer and
Executive Vice President of Technology and Operations of Intraware, Inc.
(Principal Financial Officer) |  | 
|------------------------------------------------------------------------------------------------------------------------------------------------------------------ |  | 
|                                                                                                                                                                   |  | 

---



QuickLinks
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-2732

___________

David Hackett, *

*

Appellant, *

* Appeal from the United States

v. * Tax Court.

*

Commissioner of the Internal Revenue * [UNPUBLISHED]

Service, *

*

Appellee. *

___________

 Submitted: December 24, 1997

Filed: February 11, 1998

___________

Before FAGG, BOWMAN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

David Hackett appeals the tax court's decision sustaining deficiencies and

additions to tax as determined by the Commissioner of the Internal Revenue Service.

After careful review of the record and the parties' briefs, we conclude Hackett's

arguments are meritless, and the decision of the tax court was correct. We thus affirm.

See 8th Cir. R. 47B.
-2-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Michael J. Watanabe

Civil Action No. 11-cv-02451-PAB-MJW

TONYA DUNLAP,

Plaintiff,

v.

SPEC PRO, INC.,

Defendant.

MINUTE ORDER

It is hereby ORDERED that the Unopposed Motion to Amend Final Pre-Trial

Order (Docket No. 46) is GRANTED. The Pretrial Order (Docket No. 23) is amended to

add Debbie Carrick to defendant’s “May Call” witness list.

Date: March 15, 2013

Case 1:11-cv-02451-PAB-MJW Document 48 Filed 03/15/13 USDC Colorado Page 1 of 1
#### Edward A. VOORHEES and Bernadine Z. Voorhees, his wife, Appellants, v. Jane BURGIS, Appellee.

Supreme Court of Florida. Special Division B.

Feb. 23, 1954.

PER CURIAM.

Affirmed.
#### CITY OF OAKLAND PARK *v*. STATE ex rel. ERVIN.

Supreme Court of Florida.

June Term 1953.

Dismissed without opinion.
#### Fulton, Supt. of Banks, *v.*Board of Education of Ottawa Village School District et al.

(No. 24857

Decided January 30, 1935.)

*Mr. John W. Bricker,*attorney general, *Mr. J. Both Crabbe*and *Mr. J. C. Williamson,*for plaintiff in error.

*Mr. Joseph J. Labadie,*prosecuting attorney, for defendants in error.

This cause came on to be heard upon the transcript of the record of the Court of Appeals of Putnam county, and was argued by counsel. On consideration whereof Jones, Matthias and Day, JJ., reach the conclusion that no prejudicial error has intervened and that the judgment of the court below should be affirmed. Weygandt, C. J., Stephenson and Zimmerman, JJ., are of the opinion that the judgment should be reversed. Williams, J., having been a member of the Court of Appeals that heard and decided this case, and whose record is now before this court for consideration, does not participate.

For the foregoing reasons, there not being four judges that have reached a common conclusion, it follows that, there not being a majority of the court in favor of reversal, the judgment of the Court of Appeals stands affirmed.

*Judgment affirmed.*

Jones, Matthias and Day, JJ., concur.

Williams, J., not participating.
Case 1:11-cv-02429-RPM-GJR Document 26 Filed 01/30/12 USDC Colorado Page 1 of 6
Case 1:11-cv-02429-RPM-GJR Document 26 Filed 01/30/12 USDC Colorado Page 2 of 6
Case 1:11-cv-02429-RPM-GJR Document 26 Filed 01/30/12 USDC Colorado Page 3 of 6
Case 1:11-cv-02429-RPM-GJR Document 26 Filed 01/30/12 USDC Colorado Page 4 of 6
Case 1:11-cv-02429-RPM-GJR Document 26 Filed 01/30/12 USDC Colorado Page 5 of 6
Case 1:11-cv-02429-RPM-GJR Document 26 Filed 01/30/12 USDC Colorado Page 6 of 6
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-50828

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CIRILO TORRES-RAMALES,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:10-CR-143-1

Before KING, HAYNES, and GRAVES, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Cirilo Torres-Ramales has moved for

leave to withdraw and has filed a brief in accordance with Anders v. California,

386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). 

Torres-Ramales has not filed a response. We have reviewed counsel’s brief and

the relevant portions of the record reflected therein. We concur with counsel’s

assessment that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

December 19, 2011

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 10-50828 Document: 00511699118 Page: 1 Date Filed: 12/19/2011
#### Vukosavijevich *v.*City of Akron.

(No. 25228

Decided March 20, 1935.)

*Messrs. Farr & Alpeter,*for plaintiff in error.

*Mr. Charles C. Benner,*director of law, and *Mr. Jerome Taylor,*for defendant in error.

It is ordered and adjudged that said petition in error be, and the same is hereby, dismissed for the rea*320son no debatable constitutional question is involved in said cause.

*Petition in error dismissed.*

Weygandt, C. J., Stephenson, Williams, Jones, Matthias, Day and Zimmerman, JJ., concur.
#### Onondaga County Department of Social Services, on Behalf of Beatrice Starling, Appellant-Respondent, v Frank T. Lampkin, Respondent-Appellant.

Case held, decision reserved and matter remitted to Onondaga County Family Court *970for further proceedings, in accordance with the following memorandum: We are unable to determine from the record whether Family Court abused its discretion when it vacated default orders of filiation and support and directed restitution. Family Court erred in denying respondent’s request for a hearing on the issues of excusable default and the timeliness of his application for relief from the default orders. Hence, the matter is remitted to Family Court for a plenary hearing on those issues. (Appeals from order of Onondaga County Family Court, Hedges, J.—vacate default paternity order.) Present— Dillon, P. J., Callahan, Green, Balio and Lowery, JJ.
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 1 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 2 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 3 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 4 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 5 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 6 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 7 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 8 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 9 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 10 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 11 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 12 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 13 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 14 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 15 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 16 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 17 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 18 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 19 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 20 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 21 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 22 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 23 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 24 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 25 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 26 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 27 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 28 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 29 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 30 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 31 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 32 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 33 of 34
Case 1:11-cv-02396-WJM-CBS Document 2 Filed 09/13/11 USDC Colorado Page 34 of 34
IN THE UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLORADO 

Chief Judge Wiley Y. Daniel

Civil Action No. 11-cv-02434-WYD-MEH 

CARL GENBERG, 

Plaintiff, 

v. 

STEVEN S. PORTER, an individual 

JEFFREY SPERBER, an individual; 

AL BAUTISTA, an individual; 

MICHELE DARNAUD, an individual; 

CHERYL HOFFMAN-BRAY; an individual; 

PHILIPPE GASTONE, an individual; 

MARC REDLICH; an individual; 

Defendant. 

MINUTE ORDER 

ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL 

The parties’ Joint Motion to Defer Determination of Motion to Refer and Order to 

Show Cause [ECF No. 60], filed February 28, 2012 is GRANTED to the extent that 

Plaintiff’s Motion for an Order Referring this Case to the Colorado Bankruptcy Court [ECF 

No. 39], filed January 26, 2012, is DENIED WITHOUT PREJUDICE. Although the Court 

is dubious as to the merits of Plaintiff’s motion to transfer the case to the Colorado 

Bankruptcy Court, Plaintiff has leave to re-file the motion, should the parties deem it 

necessary to re-file it in the future. Furthermore, the prior Order to Show Cause [ECF 

No. 40] is DISCHARGED. 

The Court will issue a decision on the pending motions to dismiss in due course 

and will order oral argument if the Court deems it necessary. Upon review of the file and 

pursuant to D.C.Colo.L. Civ. R. 7.1, the Court has determined that oral argument is not 

necessary at this time. Accordingly, Plaintiff’s Request for Status Conference and Oral 

Argument [ECF No. 95], filed August 6, 2012 is DENIED. 

Dated: August 16, 2012. 

Case 1:11-cv-02434-WYD-MEH Document 97 Filed 08/16/12 USDC Colorado Page 1 of 1
Exhibit 99.2


                              CERTIFICATION OF COO

    CERTIFICATION PURSUANT TO 19 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANCES-OXLEY ACT OF 2002

I, Catherine P. Jackson, state and attest that:

1.   I am the Chief Operating Officer of Heritage Bankshares, Inc. (the
     "Registrant").

2.   I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
     to Section 906 of the Sarbanes-Oxley Act of 2002. that

     o    the Annual Report of Form 10-KSB of the Registrant for the year ended
          December 31, 2002, (the "periodic report") containing financial
          statements 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

     o    the information contained in the periodic report fairly presents, in
          all material respects, the financial condition and results of
          operations of the Registrant for the periods presented.



Date:  March 26, 2003                            /s/ Catherine P. Jackson
                                                 --------------------------
                                                 Catherine P. Jackson
                                                 Chief Operating Officer
<PAGE>   1
                                                                      EXHIBIT 15


July 31, 2000

The Board of Directors
Spalding Holdings Corporation
Chicopee, Massachusetts


We have made a review, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited interim financial
information of Spalding Holdings Corporation and subsidiaries (the "Company")
for the fiscal periods ended July 1, 2000 and July 3, 1999, as indicated in our
report dated July 24, 2000; because we did not perform an audit, we expressed no
opinion on the information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the fiscal quarter ended July 1, 2000, is
incorporated by reference in Registration Statements No. 333-11340 on Form S-8,
No. 333-20463 on Form S-8 and No. 333-31154 on Form S-8.

We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statements prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that Act.


DELOITTE & TOUCHE LLP

Hartford, Connecticut



                                       21
O pinion filed March 14, 2019



### In The 

# Eleventh Court of Appeals

___ ___ ____ No. 11

- 1 8

- 00 264

- C V

____ __ ____ IN THE INTEREST OF B. W

. H. , A C HILD

On Appeal from the 2 9 th District Court Palo Pinto County, Texas Trial Court Cause No. C47625

M E M O R A N D U M O P I N I O N This is an appeal from a final order in which the trial court terminated the parental rights of B.W.H

. ’ s mother and father

. See T EX

. F AM

. C ODE A NN

. § 161.001 (West Supp. 201 8 ). The fa ther filed a notice of appeal. We affirm

. Appellant ’ s court

- appointed counsel has filed a motion to withdraw and a supporting brief in which he professionally and conscientiously examines the record and applicable law and conclude s that the appeal is frivolous and without merit

. The brief meets the requirements of Anders v. California , 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See In re Sch ulman , 252 S.W.3d 403
, 406

– 08 (Tex. Crim. App. 2008); High v. State , 573 S.W.2d 807 , 812 (Tex. Crim. App. [Panel2 Op.] 1978). In light of a recent holding by the Texas Supreme Court, however, an
Anders motion to withdraw “ may be premature ” if filed in the court of appeals under the circumstances presented in this case. See In re P.M. , 520 S.W.3d 24, 27 (Tex. 2016). The court in P.M. stated that “ a ppointed counsel ’ s obligations can be satisfied by filing a petition for review that satisfie s the standards for an Anders brief. ” I d. at
27

– 28. Appellant ’ s counsel provided Appellant with a copy of the brief and the
motion to withdraw

. Counsel also informed Ap pellant of h is right to review the
record and file a pro se response to counsel ’ s brief. In compliance with Kelly v.
State , 436 S.W.3d 313
, 318

– 20 (Tex. Crim. App. 2014), counsel provided Appellant
with a pro se motion for access to the appellate record. W e conclude that Appellant ’ s counsel has satisfied his du t ies under Anders
, Schulman , and Kelly

. We note that Appellant has not f ile d a pro se response to counsel ’ s Anders
brief. F ollowing the procedures outlined in Anders and Schulman , we have independently reviewed the record in this cause , and we agree that the appeal is
frivolous

. However, in light of P.M. , we must deny the motion to withdraw that was filed by the father ’ s court

- appointed counsel. See P.M. , 520 S.W.3d at 27

. Accordingly, we deny the motion to withdraw as counsel, and we affirm the
trial court ’ s order of termination

.

PER CURIAM March 14, 2019
Panel consists of: Bailey, C.J., Stretcher , J., and Wright, S.C.J. 1 Willson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2006 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver 132061 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 132061 COA: 267744 Wayne CC: 82-008479-01 LONNER MELTON, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the July 27, 2006 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

d1120 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2006

Clerk