alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE

TENTH COURT OF APPEALS

No. 10-09-00285-CR

GARY ACY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court No. 32375-CR

MEMORANDUM OPINION

The trial court convicted Gary Acy of retaliation and sentenced him to five years 

in prison. In one issue, Acy contends that he received ineffective assistance of counsel. 

We affirm.

To prove ineffective assistance, an appellant must show that: (1) counsel’s 

performance was deficient; and (2) the defense was prejudiced by counsel’s deficient 

performance. See Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. 
Acy v. State Page 2

Ed. 2d 674 (1984); see also Wiggins v. Smith, 539 U.S. 510, 521, 123 S. Ct. 2527, 2535, 156 L. 

Ed. 2d 471 (2003).

Acy contends that trial counsel rendered ineffective assistance, identifying 

several instances when counsel acted or failed to act. However, Acy did not file a 

motion for new trial alleging ineffective assistance. The record is silent as to any 

reasons explaining trial counsel’s actions and we will not so speculate. See Thompson v. 

State, 9 S.W.3d 808, 814 (Tex. Crim. App. 1999). Absent a record revealing trial counsel’s 

strategy or motivation, Acy cannot defeat the strong presumption that trial counsel’s 

actions fell within the wide range of reasonable professional assistance. Id. An 

ineffective assistance claim is better raised through an application for a writ of habeas 

corpus. See Rylander v. State, 101 S.W.3d 107, 110 (Tex. Crim. App. 2003).

We overrule Acy’s sole issue and affirm the trial court’s judgment.

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Affirmed

Opinion delivered and filed May 5, 2010

Do not publish

[CR25]
Exhibit 32

|   | (1) | To my knowledge, 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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

|                    |
|-------------------------|
|                    |
| /s/ Mark D.Klok    |
| Mark D. Klok            |
| Chief Executive Officer |
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-01977-BNB

JOHN NICHOLAS MAHIRKA,

Plaintiff,

v.

JOHN HICKENLOOPER, Governor,

TOM CLEMENTS, Head of Prisons CDOC,

DAVID ZUPAN, Warden,

DEPUTY DIRECTOR OF PRISONS LARRY REID,

NURSE CAMACHO, Head of Nurses Here,

CO LT. HASUI,

CO BOURNE, and

CO SERGEANT GONZALUS,

Defendants.

MINUTE ORDER

ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND

Plaintiff’s motion to amend the complaint (Doc. #33) filed on September 26,

2011, is DENIED. If the amendments Plaintiff seeks to make are appropriate in this

action, he should include those amendments in the amended complaint he has been

directed to file pursuant to the court’s September 14, 2011 order.

Dated: September 27, 2011

Case 1:11-cv-01977-LTB Document 34 Filed 09/27/11 USDC Colorado Page 1 of 1
Exhibit 99.1

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

I, Peter H. Jackson, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
quarterly report of Intraware, Inc. on Form 10-Q/A for the fiscal quarter ended May 31, 2002 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and that such 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 such quarterly report.

|Dated: June 12, 2003 |  | By:    |  | /s/PETER H. JACKSON                                                
|-------------------- |  | ------ |  | -------------------------------------------------------------------
|                     |  | Name:  |  | Peter H. Jackson                                                   
|                     |  | Title: |  | President and Chief Executive Officer
(Principal Executive Officer)

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

I,
Wendy A. Nieto, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the quarterly report of
Intraware, Inc. on Form 10-Q/A for the fiscal quarter ended May 31, 2002 fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that such 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 such quarterly report.

|Dated: June 12, 2003 |  | By:    |  | /s/WENDY A. NIETO                                                                         
|-------------------- |  | ------ |  | ------------------------------------------------------------------------------------------
|                     |  | Name:  |  | Wendy A. Nieto                                                                            
|                     |  | Title: |  | Chief Financial Officer and
Senior Vice President of Finance
(Principal Financial Officer)

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

---

QuickLinks
EXHIBIT 32.1




                 CERTIFICATION OF CHIEF 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 Annual Report of Easton Technologies Corp. (the
"Company") on Form 10-KSB for the year ended December 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Periodic
Report"), I, Jianjun Zhang, President 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 Periodic 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 Periodic Report fairly presents, in
all material respects, the financial condition and results of operations of
the Company.



Dated: April 20, 2005


/s/ Jianjun Zhang
------------------------
Jianjun Zhang, President
Case 1:11-cv-02500-LTB Document 7 Filed 10/24/11 USDC Colorado Page 1 of 3
Case 1:11-cv-02500-LTB Document 7 Filed 10/24/11 USDC Colorado Page 2 of 3
Case 1:11-cv-02500-LTB Document 7 Filed 10/24/11 USDC Colorado Page 3 of 3
#### Hasty HARDY, Plaintiff in Error, v. STATE of Florida, Defendant in Error.

Supreme Court of Florida.

Jan. Term, 1936.

*919Purl G. Adams, of Crestview, for plaintiff in error.

Cary D. Landis, Atty. Gen., and Roy Campbell, Asst.' Atty. Gen., for the State.

PER CURIAM.

Writ of error dismissed on motion of the Attorney General.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Dental and Craniofacial Research Special Emphasis Panel, Review of R21s, R01s.                    

*Date:*                         November 18, 2008.                    

*Time:*                         1:30 p.m. to 4:30 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         NIH, 1 Democracy Plaza, 6701 Democracy Blvd, Room #666, Bethesda, MD                         *(Telephone Conference Call)*.                    

*Contact Person:*                         Rebecca Wagenaar Miller, PhD, Scientific Review Officer, Scientific Review Branch, National Inst of Dental & Craniofacial Research, National Institutes of Health, 6701 Democracy, Rm 666, Bethesda, MD 20892, 301-594-0652,                         *rwagenaa@mail.nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of Health, HHS)

Dated: October 6, 2008.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E8-24213 Filed 10-9-08; 8:45 am]

BILLING CODE 4140-01-P
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable R. Brooke Jackson

Civil Action No. 11-CV-02601-RBJ-KMT

DAVOUD ASHOURI,

Plaintiff,

v.

FRONTIER STEEL BUILDINGS CORP.,

Defendants.

ORDER REGARDING PROGRESS OF SERVICE

This matter comes before the Court sua sponte. The complaint was filed on October 4, 

2011. The Court notes the absence of a return of service and an answer in the file. The Court 

requests that the plaintiff file either a return of service or a status report outlining the progress of 

service on the defendant within 15 days of service of this order.

DATED this 8th day of December, 2011.

BY THE COURT: 

___________________________________

R. Brooke Jackson

United States District Judge

Case 1:11-cv-02601-RBJ Document 4 Filed 12/08/11 USDC Colorado Page 1 of 1
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

___________________________

No. 02

- 20

- 00032

- CR

___________________________

On Appeal from the 396th District Court

Tarrant County, Texas

Trial Court No. 1529740D

Before Womack, J. ; Sudderth, C.J .; Wallach, J.

Per Curiam Memorandum Opinion 

### B RITTANY 

### S MITH



### , Appellant

V



### .

T HE 

### S TATE OF 

### T EXAS2 MEMORANDUM OPINION AND JUDGMENT

Appellant has mo ved to dismiss her appeal

. Because we have not yet decided

this case, we grant the motion and dismiss the appeal

. See Tex. R. App. P. 42.2(a),

43.2(f).

Per Curiam

Do Not Publish

Tex. R. App

. P. 47.2(b)

Delivered: April 23, 2020
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02596-MSK-KLM

PRIDE SERVICES, INC., a Colorado Corporation,

Plaintiff,

v.

CITY AND COUNTY OF DENVER, a municipal corporation,

CALVIN BLACK, in his official capacity,

CALVIN (I) BLACK, in his individual capacity, and

ONE OR MORE JOHN DOES,

Defendants.

_____________________________________________________________________

MINUTE ORDER

_____________________________________________________________________

ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX

This matter is before the Court on the parties’ Joint Motion to Vacate Scheduling

Order Deadlines [Docket No. 34; Filed July 18, 2012] (the “Motion”). On March 5, 2012,

the Court entered an Order staying all discovery in this matter, except for discovery related

to Plaintiff’s claims for declaratory/injunctive relief and the identification of the John Doe

Defendants, pending resolution of the Motions to Dismiss [#13, #15]. See Order [#33] at

5-6. Because the Motions to Dismiss have not been adjudicated, the parties request that

the Court vacate all upcoming case deadlines as set forth in the Scheduling Order [#28],

including the upcoming Discovery Deadline set for September 10, 2012. 

IT IS HEREBY ORDERED that the Motion [#34] is GRANTED. All future deadlines

set forth in the Scheduling Order are VACATED and will be reset, if appropriate, after a

ruling on the pending Motions to Dismiss.

Dated: July 23, 2012

Case 1:11-cv-02596-MSK-KLM Document 36 Filed 07/23/12 USDC Colorado Page 1 of 1
EXHIBIT 23.1



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The Board of Directors

CardioDynamics International Corporation

San Diego, California:

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No.
333-31275, 333-65331, 333-69669, 333-69663, 333-69659, 333-86475, 333-88311, 333-88307, 333-88309, 333-31702, 333-44226, 333-66396, 333-69456, 333-69458, 333-70916, 333-104236, 333-117486 and 333-134248) and Form S-8 (No. 333-40969, 333-38920,
333-38922, 333-70902, and 333-119044) of CardioDynamics International Corporation of our report dated February 10, 2009, relating to the consolidated financial statements of CardioDynamics International Corporation as of and for the years ended
November 30, 2008 and 2007, which appear in the Annual Report to Shareholders, which is incorporated by reference in this Annual Report on Form 10-K.



|                     
|---------------------
|/s/ BDO Seidman, LLP 
|                     
|San Diego, California
|February 10, 2009
<TABLE> <S> <C>

<ARTICLE>  5
<LEGEND>
Golden Cycle Gold Corporation
and Subsidiary
Consolidated Financial Statements
</LEGEND>

<S>                                   <C>
<PERIOD-START>                        JAN-01-2000
<PERIOD-TYPE>                         YEAR
<FISCAL-YEAR-END>                     DEC-31-2000
<PERIOD-END>                          DEC-31-2000
<CASH>                                     91,591
<SECURITIES>                            1,226,100
<RECEIVABLES>                             263,009
<ALLOWANCES>                                    0
<INVENTORY>                                     0
<CURRENT-ASSETS>                        1,580,700
<PP&E>                                    546,039
<DEPRECIATION>                            400,209
<TOTAL-ASSETS>                          1,726,530
<CURRENT-LIABILITIES>                       9,790
<BONDS>                                         0
<COMMON>                                1,716,740
<PREFERRED-MANDATORY>                           0
<PREFERRED>                                     0
<OTHER-SE>                                      0
<TOTAL-LIABILITY-AND-EQUITY>            1,726,530
<SALES>                                         0
<TOTAL-REVENUES>                          354,662
<CGS>                                           0
<TOTAL-COSTS>                             320,310
<OTHER-EXPENSES>                               20
<LOSS-PROVISION>                                0
<INTEREST-EXPENSE>                              0
<INCOME-PRETAX>                            34,332
<INCOME-TAX>                                    0
<INCOME-CONTINUING>                        34,332
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                               34,332
<EPS-BASIC>                                   .02
<EPS-DILUTED>                                 .02


</TABLE>
**EXHIBIT 32.2**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Annual Report of Ciprico Inc. (the “Company”) onForm 10-K for the period ended September 30, 2003 as filed with theSecurities and Exchange Commission (the “Report”), I, Thomas S. Wargolet, ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, asadopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

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

 

 
| Dated: December 12, 2003 | /s/ Thomas S. Wargolet                      |   |
|-------------------------------|---------------------------------------------|--------|
|                          | Thomas S. Wargolet  Chief Financial Officer |

 

1

----
The Federal Rules of Civil Procedure do not specifically provide for motions for 1

reconsideration, see Hatfield v. Bd. of County Comm’rs for Converse County, 52 F.3d

858, 861 (10th Cir. 1995), and, where, as here, a party files a motion for

reconsideration prior to the entry of judgment or of a final order, Rules 59(e) and 60(b)

do not apply. Houston Fearless Corp. v. Teter, 313 F.2d 91, 92 (10th Cir. 1962).

Instead, the motion falls within a court’s plenary power to revisit and amend

interlocutory orders as justice requires. See Paramount Pictures Corp. v. Thompson

Theatres, Inc., 621 F.2d 1088, 1090 (10th Cir.1980) (citing Fed. R. Civ. P. 54(b)).

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 11-cv-02578-PAB-KLM

REV. BRANDON BAKER, 

Plaintiff,

v.

THE STATE OF COLORADO and

A.G. JOHN SUTHERS, 

Defendants.

ORDER 

This matter comes before the Court on plaintiff’s motion to reconsider [Docket

No. 42] the Court’s January 5, 2012 order [Docket No. 39] denying plaintiff’s motion for

entry of default and default judgment [Docket No. 25]. As the Court stated in its

1

January 5 order, defendants filed a responsive pleading in this case. See Docket No.

23; see also Fed. R. Civ. P. 55(a) (“When a party against whom a judgment for

affirmative relief is sought has failed to plead or otherwise defend, and that failure is

shown by affidavit or otherwise, the clerk must enter the party’s default.”). Plaintiff

identifies no reason for the Court to reconsider its conclusion that, in light of that

Case 1:11-cv-02578-PAB-KLM Document 56 Filed 05/31/12 USDC Colorado Page 1 of 2
2

responsive pleading and the Clerk of Court’s resulting denial of plaintiff’s request for

entry of default, entry of default judgment pursuant to Rule 55(b) would be

inappropriate. Furthermore, and in any event, plaintiff fails to persuasively explain why

this case, where there is a Recommendation of United States Magistrate Judge [Docket

No. 51] addressing fully-briefed motions to dismiss and for summary judgment, should

not be resolved on the merits. See Bollacker v. Oxford Collection Agency, Inc., No. 07-

cv-01730-WDM-MEH, 2007 WL 3274435, at *3 (D. Colo. Nov. 5, 2007) (“Entry of

default is a harsh sanction, contrary to the preferred policy of the resolution of disputes

on the merits.”) (citing Ruplinger v. Rains, 946 F.2d 731, 732 (10th Cir. 1991)).

Consequently, it is

ORDERED that plaintiff’s motion to reconsider [Docket No. 42] is DENIED.

DATED May 31, 2012.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge

Case 1:11-cv-02578-PAB-KLM Document 56 Filed 05/31/12 USDC Colorado Page 2 of 2
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 Annual Report of Shuffle Master, Inc. (the "Company") on Form 10-K for the period ended October 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, Mark L. Yoseloff, Chairman of the Board and Chief Executive Officer, certify, pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. section 1350), that to the best of my knowledge:

|Date: January 18, 2008                                                                |  | 
|------------------------------------------------------------------------------------- |  | 
|/s/MARK L. YOSELOFFMark L. Yoseloff
Chairman of the Board and Chief Executive Officer |  | 

---



QuickLinks
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Page 60309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24090]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1791-DR]


Texas; Amendment No. 6 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Texas (FEMA-1791-DR), dated September 13, 2008, and 
related determinations.

DATES: Effective Date: October 3, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this disaster is closed effective October 2, 2008.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households in 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036; 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
 [FR Doc. E8-24090 Filed 10-9-08; 8:45 am]
BILLING CODE 9111-23-P