alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-04-0569-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL D

	MAY 25, 2005

	______________________________

	ANDY DEWAYNE POSEY, 

									Appellant

	v.

	THE STATE OF TEXAS, 

									Appellee

	_________________________________

	FROM THE 181ST DISTRICT COURT OF RANDALL COUNTY;

	NO. 15,058-B; HON. JOHN B. BOARD, PRESIDING

	_______________________________

	Memorandum Opinion

	_______________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

	Andy DeWayne Posey (appellant) appealed from his conviction for possessing a controlled substance.  Via a single issue, he contended that the trial court erred in denying his motion to suppress physical evidence.  The State filed an appellee’s brief and conceded that the police officers “did not have reasonable suspicion to stop the vehicle” and that this court “should . . . reverse the judgment and remand the case back to the trial court for further proceedings.”  We reviewed the briefs and record and found grounds supporting the State’s concession.  Accordingly, the judgment of the trial court is reversed and the cause is remanded to the trial court for further proceedings.  

							Per Curiam

Do not publish.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Craig B. Shaffer

Civil Action:11-cv-02103-MSK-CBS FTR - Reporter Deck-Courtroom A402

Date: October 15, 2012 Courtroom Deputy: Robin Mason

Parties: Counsel:

LAURA S. RODGERS,

Plaintiff,

Aimee Hall Wagstaff 

v.

TIMECENTRE, INC., et al.,

Defendants.

William Sidney Finger

COURTROOM MINUTES/MINUTE ORDER

HEARING: TELEPHONIC MOTION HEARING

Court in Session: 10:04 a.m.

Court calls case. Appearances of counsel.

Discussion between the court and the parties regarding the plaintiff’s MOTION for Issuance of a

Subpoena Duces Tecum to be Served by the U.S. Marshals Service (Docket no. 80, filed on

9/27/2012).

ORDERED: The court DENIES without prejudice the plaintiff's MOTION for Issuance of a

Subpoena Duces Tecum to be Served by the U.S. Marshals Service (Docket no. 80,

filed on 9/27/2012).

HEARING CONCLUDED.

Court in recess: 10:11 a.m.

Total time in court: 00:07

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)

825-6119 or toll free at 1-800-962-3345.

Case 1:11-cv-02103-MSK-CBS Document 89 Filed 10/15/12 USDC Colorado Page 1 of 1
EXHIBIT 32.2



                            CERTIFICATION PURSUANT TO

                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Obie Media Corporation (the Company )
on Form 10-Q for the quarterly period ended May 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the Report ), I, Brian B.
Obie, President and Chief Executive Officer, certify, pursuant to 18 U.S.C.
1350, as adopted pursuant to 906 of the Sarbanes Oxley Act of 2002, 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.


By: /s/Brian B. Obie
          President
          Chief Executive Officer
<PAGE>   1
 
                                                                      EXHIBIT 23
 
               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS
 
     We consent to the incorporation by reference in the Registration Statements
(Form S-8 Nos. 33-31162, 33-64034, 33-64036, and 33-60763) pertaining to the
1983 Stock Option Plan, the 1993 Stock Option Plan, the 1993 Outside Director
Stock Option Plan and the 1995 Employee Stock Purchase Plan of BGS Systems, Inc.
of our report dated March 20, 1997, with respect to the consolidated financial
statements and schedule of BGS Systems, Inc. included in the Annual Report (Form
10-K) for the year ended January 31, 1997.
 
                                          /S/ ERNST & YOUNG LLP
 
Boston, Massachusetts
April 22, 1997
Case 1:11-cv-02442-WYD-MJW Document 30 Filed 08/28/12 USDC Colorado Page 1 of 10
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Case 1:11-cv-02442-WYD-MJW Document 30 Filed 08/28/12 USDC Colorado Page 6 of 10
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Case 1:11-cv-02442-WYD-MJW Document 30 Filed 08/28/12 USDC Colorado Page 10 of 10
No. 99-31413

-1-

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-31413

DELBERT WILLIAMS,

Petitioner-Appellant,

versus

LOUISIANA DEPARTMENT OF CORRECTIONS,

Respondent-Appellee.

- - - - - - - - - - Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 99-CV-660-B

- - - - - - - - - - April 25, 2000

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Delbert Williams, Louisiana prisone r # 299746, seeks a

certificate of appealability (“COA”) in order to appeal the denial

without prejudice of his federal habeas corpus application, filed

pursuant to 28 U.S.C. § 2254, for failure to exhaust available

state remedies. His guilty plea waived the alleged federal

constitutional deprivation he ra ised as his sole claim in the

instant § 2254 application. S ee Shute v. Texas

, 117 F.3d 233, 237-

38 (5th Cir. 1997). He has therefore made a credible showing that

the district court erred in dismissing his application for failure

to exhaust because a claim that affords no ground for habeas corpusNo. 99-31413

-2-

relief is not required to be exhausted. S ee Murphy v. Johnson

, 110

F.3d 10, 11 (5th Cir. 1997)(applicant must make credible showing of

exhaustion before this court will determine whether he has made a

substantial showing of the denial of a constitutional right in his

underlying claims); Colvin v. Estelle

, 506 F.2d 747, 748 (5th Cir.

1975)(exhaustion requirement does not apply to petition that fails

to state a violation of a federal constitutional right).

We lack jurisdiction to consider the merits of the

unaddressed underlying habeas corpus claim beca use the district

court did not consider whether a COA should b e granted on that

issue. S ee Whitehead v. Johnson

, 157 F.3d 384, 387-88 (5th Cir.

1998). Accordingly, the motion for COA is GRANTED, the district

court’s judgment is VACATED, and the case is REMANDED to the

district court with directions to dismiss the instant application

with prejudice for failure to plead a claim cogni zable in § 2254

habeas.

COA GRANTED; JUDGMENT VACATED; REMANDED.
(August 20,1990)

#### Amvet Management Corp., Individually and as a Partner in and on Behalf of Nyack Plaza Associates, Plaintiff, v Elaine Hyman, Defendant, and Arthur N. Abbey, Appellant. Jay Hyman, Additional Counterclaim Respondent. (And a Related Action.)

In related actions, *inter alia,*to recover damages for breach of contract, Arthur N. Abbey appeals from an order and judgment (one paper) of the Supreme Court, Rockland County (Weiner, J.), entered June 17, 1988, which, upon granting Jay Hyman’s motion to enforce a prior stipulation between the parties, is in his favor and against the appellant in the principal sum of $10,000.

Ordered that the order and judgment is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Rockland County, for a hearing and new determination in accordance herewith.

Upon our review of the record, we conclude that there is insufficient information contained therein to enable us to render a determination on the merits. Accordingly, the matter is remitted to the Supreme Court to resolve the factual issues presented on this appeal. Specifically, the Supreme Court is directed to determine whether the deficiency judgment in question has in fact been satisfied or will be satisfied by virtue of a valid agreement existing between Jay Hyman and the purchasers of the subject property. Additionally, the Supreme Court is instructed to evaluate the appellant Abbey’s claim that he had no interest in the property.

However, we do not accept the appellant Abbey’s assertion that the term "monies” as it was used in the stipulation between the parties is limited solely to cash. The language of the stipulation itself demonstrates the unequivocal intention of the parties that Hyman be reimbursed for one half of any deficiency judgments satisfied by him. Under this set of facts and circumstances, if a deficiency judgment has been satisfied, it is immaterial that the satisfaction was effectuated by a third party who in turn reduced the purchase price of property being purchased from Mr. Hyman by the amount paid to *900satisfy the deficiency judgment. Brown, J. P., Hooper, Sullivan and Harwood, JJ., concur.
Exhibit 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 annual report of Heritage Bankshares, Inc. (the Company) on Form 10-KSB for
the year ending December 31, 2004, as filed with the Securities Exchange Commission (the Report), I, John O. Guthrie, Chief Financial Officer of the Company, do hereby 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:

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: June 9, 2006 |  | /s/ John O. Guthrie    
|                   |  | John O. Guthrie,       
|                   |  | Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS      
<FISCAL-YEAR-END>                         SEP-30-1997   
<PERIOD-END>                              DEC-31-1996   
<CASH>                                          8,363   
<SECURITIES>                                        0   
<RECEIVABLES>                                 172,690   
<ALLOWANCES>                                    3,749   
<INVENTORY>                                   143,799   
<CURRENT-ASSETS>                              344,312   
<PP&E>                                        149,442   
<DEPRECIATION>                                 70,775   
<TOTAL-ASSETS>                                637,592   
<CURRENT-LIABILITIES>                         208,257   
<BONDS>                                       603,800   
<PREFERRED-MANDATORY>                         154,688   
<PREFERRED>                                         0   
<COMMON>                                          500   
<OTHER-SE>                                   (367,749)  
<TOTAL-LIABILITY-AND-EQUITY>                  637,592   
<SALES>                                       125,194   
<TOTAL-REVENUES>                              125,194   
<CGS>                                          87,173   
<TOTAL-COSTS>                                  87,173   
<OTHER-EXPENSES>                                    0   
<LOSS-PROVISION>                                    0   
<INTEREST-EXPENSE>                             16,625   
<INCOME-PRETAX>                               (26,656)  
<INCOME-TAX>                                  (13,328)  
<INCOME-CONTINUING>                           (13,328)  
<DISCONTINUED>                                      0   
<EXTRAORDINARY>                                     0   
<CHANGES>                                           0   
<NET-INCOME>                                  (13,328)  
<EPS-PRIMARY>                                       0   
<EPS-DILUTED>                                       0   
                                                      


</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11-cr-00344-PAB

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. ARMANDO CONTRERAS-GARCIA,

Defendant.

_____________________________________________________________________

MINUTE ORDER SETTING CHANGE OF PLEA HEARING

_____________________________________________________________________

Entered by Judge Philip A. Brimmer

A Notice of Disposition was filed on October 13, 2011 [Docket No. 12]. A

Change of Plea hearing is set for November 4, 2011 at 8:00 a.m. Counsel for the

parties shall email a courtesy copy of all change of plea documents separately to my

chambers and to the Probation Department not later than 48 hours before the change

of plea hearing. See D.C.COLO.LCrR 11.1C. On the date of the hearing, counsel shall

bring with them an original and one copy of the plea agreement and the statement in

advance. See D.C.COLO.LCrR 11.1F.

The Plea Agreement and Statement Relevant to Sentencing required by

D.C.COLO.LCrR 11.1C (in the form prescribed by Appendix J) shall include also a

separate section identifying each essential element required by law for the commission

of each criminal offense to which the defendant intends to enter a plea of guilty. It is

further

ORDERED that the Trial Preparation Conference previously scheduled for

November 4, 2011 at 8:00 a.m. is VACATED.

DATED October 13, 2011.

Case 1:11-cr-00344-PAB Document 13 Filed 10/13/11 USDC Colorado Page 1 of 1
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Annual Report on Form 10-K of First National Corporation for the year ended December 31, 2007, I, Harry S. Smith, President
and Chief Executive Officer of First National Corporation, hereby certify pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:



|(1) | such Form 10-K for the year ended December 31, 2007, 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 such Form 10-K for the year ended December 31, 2007, fairly presents, in all material respects, the financial condition and results of operations
of First National Corporation.
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                      
|-------------------- |  | -------------------------------------
|                     |  | /s/ Harry S. Smith                   
|Date: March 28, 2008 |  | President and Chief Executive Officer



71
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
financial statements of the Company for the six-month period ended June 30, 1999
and should be read in  conjunction  with,  and is  qualified in its entirety by,
such financial statements.
</LEGEND>
<CIK>                               0001025362
<NAME>            GOLDEN QUEEN MINING CO. LTD.
<MULTIPLIER>                                 1
<CURRENCY>                                 USD

<S>                                     <C>
<PERIOD-TYPE>                                 6-MOS
<FISCAL-YEAR-END>                       DEC-31-1999
<PERIOD-START>                          JAN-01-1999
<PERIOD-END>                            JUN-30-1999
<EXCHANGE-RATE>                                   1
<CASH>                                    1,674,720
<SECURITIES>                                      0
<RECEIVABLES>                                33,298
<ALLOWANCES>                                      0
<INVENTORY>                                       0
<CURRENT-ASSETS>                          1,772,109  <F1>
<PP&E>                                   27,334,729  <F2>
<DEPRECIATION>                              264,991
<TOTAL-ASSETS>                           29,106,838
<CURRENT-LIABILITIES>                       286,279
<BONDS>                                     790,272
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                 32,828,092
<OTHER-SE>                               (4,797,805) <F3>
<TOTAL-LIABILITY-AND-EQUITY>             29,106,838
<SALES>                                           0
<TOTAL-REVENUES>                             35,230  <F4>
<CGS>                                             0
<TOTAL-COSTS>                                     0
<OTHER-EXPENSES>                            370,741  <F5>
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                                0
<INCOME-PRETAX>                                   0
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                               0
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                               (335,511)
<EPS-BASIC>                                 (0.01)
<EPS-DILUTED>                                 (0.01)

<FN>
<F1>  Includes prepaid expenses and other current assets of $64,091.
<F2>  Consists of properties and equipment,  net of  depreciation of $1,053,028;
      mineral   properties  of  $25,280,999;   and  other  long-term  assets  of
      $1,000,702.
<F3>  Consists  of  $4,797,805  of deficit  accumulated  during the  development
      stage.
<F4>  Consists of interest income of $35,230.
<F5>  Consists of general  and  administrative  expenses  of $367,657  and other
      expenses of $3,084.
</FN>

</TABLE>
N OTE : This disposition is nonprecedential. 

# United States Court of Appeals **for the Federal Circuit**

______________________

FLEXITEEK AMERICAS, INC. and FLEXITEEK INTERNATIONAL AS, Plaintiffs-Appellees,

v.

PLASDECK, INC. and PLASTEAK, INC., Defendants-Appellants,

and

ANDRE BATISTA, Defendant.

____________________

2009-1501

______________________ Appeal from the United States District Court for the Southern District of Florida in No. 08-CV-60996, Judge James I. Cohn.

______________________
JUDGMENT

______________________ S. Tracy Long , Santucci, Priore & Long, P.L., of Fort Lauderdale, Florida, argued for plaintiffs-appellees.

Bruce H. Wilson , of Akron, Ohio, argued for defendants-appellants. Of counsel on the brief was J. Clark Dixon , Camillo, Snowden and de Almeida, P.A., of Fort Lauderdale, Florida. Of counsel was Douglas de Almeida

.

______________________T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (B RYSON , S CHALL , and P ROST , Circuit Judges ).

AFFIRMED. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

November 2, 2010

__ /s/ Jan Horbaly

_______________ Date Jan Horbaly Clerk
---

Exhibit 32.1

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350 AND RULE
13a-14(b) OR RULE 15d-14(b) OF THE U.S. SECURITIES EXCHANGE ACT OF 1934

In connection with the Quarterly Report of Golden Queen Mining
Co. Ltd. (the "Company") on Form 10-QSB for the fiscal quarter ended September
30, 2007 (the "Report"), each of the undersigned, in the capacities and on the
dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his
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.



|Dated: November 14, 2007 | /s/ Lutz
      Klingmann                  | 
|------------------------ | ----------------------------------------- | 
|                         | Lutz Klingmann                            | 
|                         | President and Principal Financial Officer | 

---
**EXHIBIT 10.21**

 

Summary of Non-Employee Director Compensation 

 

The following is a summary of the compensation provided by Factory Card & Party Outlet Corp. to non-employee directorsfor service as a director: 

 

Director Fees 

 

Non-employee directors receive $27,500 per year for serving as a director,$1,000 for attending a regular or special board meeting or committee meeting ($500 if attended by telephone), plus reimbursement of all reasonable travel and out-of-pocket expenses associated with attending such meeting. The Chairman of theCompensation Committee receives an additional annual fee of $7,000, and the Chairman of the Audit Committee receives an additional annual fee of $5,000. The Chairman of the Board receives an additional annual fee of $32,500. 

 

Non-employee directors participate in one equity compensation plan of theCompany, the 2002 Non-Employee Directors Stock Option Plan. The Board has a policy for the annual grant of non-qualified stock options to purchase 5,000 shares of the Company’s Common Stock to continuing non-employee directors. All optionsgranted to such directors will have an exercise price equal to 100% of the fair market value on the date of grant and will vest over a three-year period from the grant date. 

 

Additionally, the Board has a policy that the Non-Executive Chairman of the Board will receive at the same time additionalnon-qualified stock options in the amount of 5,000 shares, which options will have the same exercise price and will also vest over a three-year period from the grant date.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER TO SUPPLEMENT RECORD

Appellate case name: Korey Adeleye v. The State of Texas

Appellate case numbers: 01-10-00881-CR

Trial court case numbers: 1212111

Trial court: 337th District Court of Harris County

The District Court Clerk is ORDERED to file a supplemental clerk’s record with the Clerk of 

this Court that contains the following document:

• The “Judgment Adjudicating Guilt,” dated September 23, 2010 (image number 

46650582).

See TEX. R. APP. P. 34.5(c).

The supplemental clerk’s record is to be filed with the Clerk of this Court by July 6, 2012.

It is so ordered.

It is so ORDERED.

Justice’s signature: /s/ Laura C. Higley

  Acting individually 

Date: June 25, 2012