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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-1799

CURLEE SHERMAN,

Plaintiff - Appellant,

versus

FERSE 5-10,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Orangeburg. Margaret B. Seymour, District

Judge; Joseph R. McCrorey, Magistrate Judge. (CA-04-1799-5)

Submitted: October 29, 2004 Decided: November 15, 2004

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Curlee Sherman, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
PER CURIAM:

Curlee Sherman appeals the district court’s order

affirming the magistrate judge’s dismissal of his complaint

pursuant to a previously entered pre-filing review order. We have

reviewed the record and find no reversible error. Accordingly,

although we grant leave to proceed on appeal in forma pauperis, we

affirm for the reasons stated by the district court. See Sherman

v. Ferse 5-10, No. CA-04-1799-5 (D.S.C. filed July 16, 2004;

entered July 19, 2004). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED
RICHARD E. WETZEL 

ATTORNEY AT LAW 

1411 WEST AVENUE, SUITE 100 

AUSTIN, TX 78701 

(512) 469-7943 

Board Certified Criminal Law (512) 474-5594 - fax 

And Criminal Appellate Law by wetzel_law @1411west.com 

The Texas Board of Legal Specialization www.TexasCriminalAppealsLawyer.com 

August 28, 2015

Jeffrey Kyle, Clerk 

Third Court of Appeals

P.O. Box 12547

Austin, TX

78711-2547 

Re: Crayton v. State, No. 03-14-00570-CR, in the Third Court of Appeals

Dear Clerk Kyle: 

I am in receipt of your notice of August 27, 2015, indicating argument and 

submission in the above on October 7, 2015, at 1:30 pm. I will be present to argue on 

behalf of Mr. Crayton. I have sent a copy of this letter to counsel for the State, ACDA 

Clayten Hearrell at hearrc@co.comal.tx.us 

Thank you for your attention and cooperation in this matter. 

 Sincerely, 

 /s/ Richard E. Wetzel 

 Richard E. Wetzel 

 Attorney at Law 

ACCEPTED

03-14-00570-CR

6696760

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/28/2015 10:56:09 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/28/2015 10:56:09 AM JEFFREY D. KYLE Clerk
Exhibit 32.1



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350



The undersigned hereby certifies that the Form 10-K Annual Report of Circus and Eldorado Joint Venture and Silver Legacy
Capital Corp. (collectively, the Company) for the year ended December 31, 2004 filed with the Securities and Exchange Commission (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                      |  |  |  |     |  |                       |  |                                                                                                             
|--------------------- |  |  |  | --- |  | --------------------- |  | ------------------------------------------------------------------------------------------------------------
|Dated: March 30, 2005 |  |  |  | By: |  | /S/    GARY L.
CARANO
|                      |  |  |  |     |  |                       |  | Gary L. Carano, Chief Executive Officer of Circus and Eldorado Joint Venture and Silver Legacy Capital
Corp.
Consent of
Independent Registered Public Accounting Firm

The Board of
DirectorsTierOne Corporation:

We consent to the use of our report
dated March 7, 2007, with respect to the consolidated statements of financial condition of
TierOne Corporation and subsidiaries as of December 31, 2006 and 2005, and the related
consolidated statements of income, stockholders equity and comprehensive income, and
cash flows for each of the years in the three-year period ended December 31, 2006,
managements assessment of the effectiveness of internal control over financial
reporting as of December 31, 2006, and the effectiveness of internal control over
financial reporting as of December 31, 2006, included herein.

As discussed in Note 1 to the
consolidated financial statements, effective January 1, 2006, the Company changed its
method of accounting for stock-based benefit plans.

/s/ KPMG LLP

Lincoln, NebraskaMarch 7, 2007
#### Allie C. VICE and Virginia Vice, his wife, et al., Appellants, v. James W. VICE and Virginia Vice, his wife, et al., Appellees.

Court of Appeals of Kentucky.

Feb. 2, 1973.

Lewis A. White, White & Peck, Mount Sterling, for appellants.

Wayne W. Fitzgerald, Cynthiana, for ap-pellees.

Opinion of the Court by

Special Commissioner ROBERT M. COLEMAN,

Affirming.*
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, January 20, 2015. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, January 20, 2015 The Court of Appeals hereby passes the following order A15I0096. MICAH SCHECTER v. AUTO-OWNERS INSURANCE COMPANY.
Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of State Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
LC NUMBERS: 2013CV02749
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-16-00626-CV

IN THE INTEREST OF E.V. and E.V., Children

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2016-CI-03912

Honorable Antonia Arteaga, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE BARNARD, AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the portion of the trial court’s order 

assessing $1,000.00 as sanctions is REVERSED. We RENDER judgment denying appellee 

Rebecca Sweat’s motion for sanctions. The remainder of the trial court’s order is AFFIRMED. 

Costs of the appeal are assessed against appellee Rebecca Sweat.

SIGNED March 21, 2018.

_____________________________

Luz Elena D. Chapa, Justice
**Exhibit 32.1**

 

Certification Pursuant

To 18 U.S.C. 1350,

As Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of2002

 

Inconnection with the Quarterly Report of Cyanotech Corporation (the “Company”)on Form 10-Q for the period ended September 30, 2008 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Andrew H. Jacobson, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

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

 

2)                                      The information contained in the Reportfairly presents, in all material aspects, the financial condition and resultsof operations of the Company.

 
| Date:  |      November 13, 2008 |   | /s/  Andrew H. Jacobson             |
|--------|-------------------------------------------------|--------|-------------------------------------|
|   |                                            |   | Andrew  H. Jacobson                 |
|   |                                            |   | President,  Chief Executive Officer |

 

----
#### WARRINER v. WOOD.

Supreme Court of Florida.

June Term 1953.

Certiorari denied without opinion.
#### Mike J. LINDWAY v. Hon. Mell G. UNDERWOOD. Ex parte: In the Matter of Mike J. LINDWAY, Petitioner.

No. 7882.

Circuit Court of Appeals, Sixth Circuit.

Dec. 13, 1937.

Wolf & Kruchkoff, of Cleveland, Ohio, for' petitioner. ‘ '

Before MOORMAN, HICKS and SIMONS, Circuit Judges.

PER CURIAM.

The motion for leave to file a petition for writ of mandamus directed to the Honorable Mell G. Underwood, United States District Judge, to compel him to allow an appeal and to grant a certificate of probable cause In re Mike J. Lindway, Cause No. 3755, in the District Court for the Southern District of Ohio, is denied.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JUL-01-1998
<PERIOD-END>                                   SEP-30-1998
<CASH>                                         2,258,382
<SECURITIES>                                         333
<RECEIVABLES>                                    955,598
<ALLOWANCES>                                    (226,594)
<INVENTORY>                                      774,185
<CURRENT-ASSETS>                               4,257,573
<PP&E>                                         1,577,286
<DEPRECIATION>                                  (804,526)
<TOTAL-ASSETS>                                 5,454,512
<CURRENT-LIABILITIES>                            772,308
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                        3,134
<COMMON>                                          22,823
<OTHER-SE>                                     4,523,651
<TOTAL-LIABILITY-AND-EQUITY>                   5,454,512
<SALES>                                        2,751,652
<TOTAL-REVENUES>                               2,946,259
<CGS>                                          2,482,727
<TOTAL-COSTS>                                  4,898,361
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                14,452
<INCOME-PRETAX>                               (1,952,152)
<INCOME-TAX>                                     500,000
<INCOME-CONTINUING>                           (2,452,102)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                  (2,452,102)
<EPS-PRIMARY>                                      (1.08)
<EPS-DILUTED>                                      (1.08)
        


</TABLE>
```

                                  EXHIBIT 32.2

                                  CERTIFICATION
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                          (SUBSECTIONS (A) AND (B) OF
            SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of title 18, United States Code), the
undersigned officer of AMERICAN TECHNICAL CERAMICS CORP., a Delaware corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

The Quarterly Report on Form 10-Q for the period ended March 31, 2006 (the
"Form 10-Q") of the Company fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, and the information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.

     Dated: May 12, 2006               /S/ANDREW R. PERZ
           -----------------        --------------------------
                                       Chief Financial Officer

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.
```
# **Exhibit  10.4**

This Agreement is made this 1st date of January, 2003, by and between Ava Rosenberg and Riverbend Telecom, Inc. (“Riverbend”).

For and in consideration of Riverbend taking over the management of the Agent business developed by Ava Rosenberg which includes both ongoing Agent and Customer Support, Ava Rosenberg agrees to pay to Riverbend one-third ofall commissions she is entitled to receive from the use of telecommunications services by end-users sold by Ava on her sub-agents.

This Agreement is for a term of five (5) years and can be extended for two (2) additional five-year periods of five (5) years by mutual agreement of the parties.

                                                                       /s/ Ava Rosenberg                                                                                                       Ava Rosenberg
**EXHIBIT 32.2**

**CERTIFICATION PURSUANT TO 18 U.S.C.SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with theQuarterly Report on Form 10-QSB of World Heart Corporation (the “Corporation”)for the quarter ended September 30, 2006 as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned, A.Richard Juelis, Vice President, Finance and Chief Financial Officer of theCorporation, hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that tomy knowledge:

(1) TheReport fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; as amended, and

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Corporation as of  September 30, 2006.

| Dated:  November 14, 2006 |   | /s/ *A.  RICHARD JUELIS                                                                                               |
|--------------------------------|--------|-----------------------------------------------------------------------------------------------------------------------|
|                           |   | A. Richard Juelis, Vice President, Finance  and Chief Financial Officer  (Principal Financial and Accounting Officer) |

----

*******                **A signedoriginal of this written statement required by section 906 has beenprovided to the Corporation and will be retained by the Corporation andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
<PAGE>

                                                                    EXHIBIT 99.5

FOR IMMEDIATE RELEASE


CD Warehouse, Inc. Announces Intent to Withdraw Litigation

OKLAHOMA CITY, OK  -- September 22, 2000 -- CD Warehouse, Inc. (NASDAQ: CDWI)
announced today that it has opted not to pursue litigation which was filed on
September 8, 2000 against five of its franchisees.

"The purpose of this filing was to enforce the terms set forth in the Franchise
Agreements that exist between the Company and its franchisees," said Michael
Chionopoulos, the Company's Vice President and General Counsel.  "We did not
seek to recover monetary damages.  Rather, the Company sought a judicial
pronouncement that it had met all contractual obligations under the Franchise
Agreements.  Given the current position of the involved franchisees, such a
pronouncement appears no longer necessary."

"It is our hope that the franchise community interprets this action as a sign of
goodwill," said Christopher M. Salyer, Chairman and Chief Executive Officer.
"We will, of course, take whatever action is necessary to protect the company's
interests.  However, we would much prefer to and are excited about working hand-
in-hand with our franchisees to create solutions to any issues that face us, and
work to ensure that any such issues are resolved in a timely manner."

CD Warehouse, Inc. franchises and operates retail music stores in 37 states, the
District of Columbia, England, France, Guatemala, Canada and Venezuela under the
names "CD Warehouse", "Disc Go Round", "CD Exchange" and "Music Trader".  CD
Warehouse stores buy, sell and trade pre-owned CDs, DVDs and games with their
customers, as well as sell a full complement of new release CDs.  Company
information is available at www.cdwi.com.
                            ------------

Statements made in this press release, other than those concerning historical
information, should be considered forward-looking and subject to various risks
and uncertainties. Such forward-looking statements are made based on
management's belief as well as assumptions made by, and information currently
available to, management pursuant to the "safe harbor" provisions of the Private
Securities Litigation Reform Act of 1995. The Company's actual results may
differ materially from the results anticipated in these forward-looking
statements as a result of a variety of factors, including those contained in the
Company's periodic reports filed with the Securities and Exchange Commission.



Contact:    Vickie Clark                 David Race
            Investor Relations           Chief Operating Officer
            CD Warehouse, Inc.           CD Warehouse, Inc.
            (405) 949-2422               (405) 949-2422
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We
consent to the incorporation by reference in Registration Statement No. 333-141413 on Form S-8 of our report dated March 12, 2008 relating to
(1) the consolidated financial statements of Techwell, Inc. and subsidiaries (which report expresses an unqualified opinion on the consolidated financial statements and included an
explanatory paragraph relating to the adoption of Financial Accounting Standards Board Interpretation No. 48,Accounting for Uncertainty in Income Taxesan
Interpretation of FASB Statement No. 109, effective January 1, 2007 and Statement of Financial Accounting Standards No. 123 (revised 2004), Share-Based Payment,effective January 1, 2006), and (2) the effectiveness of the Company's internal control over financial reporting as
of December 31, 2007, appearing in this Annual Report on Form 10-K of Techwell, Inc. and subsidiaries for the year ended December 31, 2007.

/s/
DELOITTE & TOUCHE LLP

San
Jose, California

March 12,
2008

---



QuickLinks
#### Willie L. GILLIAM, Appellant, v. UNITED STATES of America, Appellee.

No. 17277.

United States Court of Appeals District of Columbia Circuit.

Argued April 10, 1963.

Decided May 3, 1963.

Certiorari Denied Oct. 14, 1963.

See 84 S.Ct. 107.

Mr. Irving R. M. Panzer, Washington, D. C. (appointed by this court), for appellant.

Mr. Barry I. Fredericks, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before Fahy, Danaher and WRIGHT, Circuit Judges.

PER CURIAM.

This appellant was found guilty of a violation of D.C.Code, § 22-3501 (a) (1961). He claims that a judge of the Municipal Court (now the Court of General Sessions) peremptorily denied him an adequate preliminary examination. He relies upon a provision of Fed.R.Crim. P. 5(c) which requires when a defendant does not waive examination that the magistrate “shall hear the evidence” at a hearing where the accused “may cross-examine witnesses against him and may introduce evidence in his own behalf.”

*616We agree that this appellant should have been accorded an adequate opportunity not only to hear the evidence against him, but to cross-examine witnesses and to introduce evidence. However, cross-examination was permitted, though perhaps not as fully as desired, and the accused offered no evidence that was excluded. Moreover, a valid indictment was returned against the appellant, and in all the circumstances of this case such shortcomings as may have attended the conduct of the preliminary hearing do not infect the case with error which invalidates the judgment of conviction.

Appellant argues further that police brutality against him requires that we reverse his conviction. We have noted the sense of outrage voiced by appellant's counsel, indeed there is testimony that the accused was beaten in excess of whatever force reasonably might have been required to subdue him. Yet, we are bound to say that the conviction was reached entirely apart from the police misbehavior, and the appellant must be remitted to such other remedies as are afforded by law.*

We find without merit such other contentions as have been urged by a dutiful court-appointed counsel.

Affirmed.

*

Cf. Monroe v. Pape, 365 U.S. 167-187, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961).

WRIGHT, Circuit Judge

(concurring).

I concur reluctantly in affirmance. When police brutality and judicial intemperance resulting in a denial of due process of law appear in a criminal proceeding, it may well be that responsible administration of justice requires that the proceedings be set at naught, even though the brutality and the intemperance cannot be shown to have infected the trial itself. Only the overwhelming proof of guilt here makes this case an inappropriate one for breaking new ground by imposing this prophylactic sanction. Compare concurring opinion in Killough v. United States, 114 U.S. App.D.C. 305, 317, 315 F.2d 241, 253 (1962).
EXHIBIT 23



Child, Sullivan & Company

A Professional Corporation of CERTIFIED PUBLIC ACCOUNTANTS

1284   W.  Flint   Meadow   Dr., Suite D, Kaysville, UT 84037                                 PHONE: (801) 927-1337  FAX: (801) 927-1344









CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the inclusion in this annual report on Form 10-KSB (File No. 333-86830) of our report dated March 26, 2004 on our audits of the financial statements of Electric Aquagenics Unlimited, Inc., as of December 31, 2003 and for the year ended December 31, 2003.





Child, Sullivan & Company



Child, Sullivan & Company

Kaysville, Utah

April 13, 2005
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

230 KA 10-02204 PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND SCONIERS, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

JOSEPH SANTOS, DEFENDANT-APPELLANT.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (KRISTEN MCDERMOTT OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered September 30, 2010. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the third degree (Penal Law § 130.25 [2]), defendant contends that his waiver of the right to appeal is unenforceable and that his sentence is unduly harsh and severe. We agree with defendant that County Court failed to engage him in an adequate colloquy to ensure that his right to appeal was a knowing and voluntary choice ( see People v Box , 96 AD3d 1570, 1571, lv denied 19 NY3d 1024). Nevertheless, on the merits, we perceive no basis to exercise our power to modify defendant’s negotiated sentence of probation as a matter of discretion in the interest of justice ( see CPL 470.15 [6]).

Entered: March 28, 2014 Frances E. Cafarell Clerk of the Court