alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit      32.1**

**SECTION      1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

|   | (1) | The                Amendment No.3 to the Annual Report of the Company on Form 10-K/A                for the                year ended March 31, 2007, as filed with the Securities and Exchange                Commission on the date hereof (the Report) fully complies with the                requirements of section 13(a) or 15(d) of the Securities Exchange                Act of                1934, as amended; and |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | Information                contained in the Report fairly presents, in all material respects,                the                financial condition and result of operations of the Company as of                the                dates and for the periods expressed in the                Report. |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ John                    Works                               |   |
|----------------------------------------------------------------------|--------|
| John                  Works                                          |   |
| Chief                  Executive Officer and Chief Financial Officer |
| October 10,                  2007                               |   |

----
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**EXHIBIT 31.1****Certification of the Chief Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act.**I, Richard J. Naughton, Chief Executive Officer of Xenonics Holdings, Inc. certify that: 1. I have reviewed this Amendment No. 1 to the report onForm 10-KSB/A of Xenonics Holdings, Inc.;  2. Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the periods covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the issuer as of, and for, the periods presented inthis report;  4. The issuer’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the issuer, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this annual report is being prepared;  b) evaluated the effectiveness of the issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered bythis report based on such evaluation; and  c) disclosed in this report any change in the issuer’s internal controlover financial reporting that occurred during the issuer’s most recent fiscalquarter that has materially affected, or is reasonably likely to materially affect,the issuer’s internal control over financial reporting; and 5. The issuer’s other certifying officer and I have disclosed, based on our most recentevaluationof internal control over financial reporting, to the issuer’s auditorsand the audit committee of issuer’s board of directors (or persons performing theequivalent functions): a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the issuer’s ability to record, process, summarize and reportfinancial information; and  b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the issuer’s internal control overfinancial reporting.     Date:January 23, 2006 /s/ Richard J. Naughton     Name: Richard J. Naughton    Title: Chief Executive Officer
#### STATE v. McLAUGHLIN

No. 89P97

Case below: 125 N.C.App. 420

Notice of appeal by defendant (substantial constitutional question) dismissed 5 June 1997. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 June 1997.
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 1 of 21 PageID #:320
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 2 of 21 PageID #:321
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 3 of 21 PageID #:322
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 4 of 21 PageID #:323
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 5 of 21 PageID #:324
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 6 of 21 PageID #:325
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 7 of 21 PageID #:326
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 8 of 21 PageID #:327
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 9 of 21 PageID #:328
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 10 of 21 PageID #:329
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 11 of 21 PageID #:330
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 12 of 21 PageID #:331
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 13 of 21 PageID #:332
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 14 of 21 PageID #:333
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 15 of 21 PageID #:334
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 16 of 21 PageID #:335
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 17 of 21 PageID #:336
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 18 of 21 PageID #:337
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 19 of 21 PageID #:338
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 20 of 21 PageID #:339
Case: 1:20-cv-04744 Document #: 58 Filed: 10/13/21 Page 21 of 21 PageID #:340
No. 14,917.

#### Montgomery *v.*Craig et al.

*Trusts.*— Husband *and Wife.*— Conveyance *Taken m Wife’s Name.*— No *Implied Trust Resulting From Payment of Purchase-Money.*— Where a conveyance of real estate is taken in the name of the wife, and the purchase-money is paid by the husband, no resulting or implied trust arises in favor of the latter.

*Same.*— Parol *Agreement Ineffectual to Create Express Trust.*— A parol agreement between the husband and the wife in such a case that the wife shall hold the land as his trustee, is ineffectual to create an express trust.

From the Jackson Circuit Court.

*O. H. Montgomery,*for appellant.

*B. H. Burrell*and *H. Shirley,*for appellees.

Elliott, J.

It is alleged in the complaint that the appellant, the plaintiff below, purchased the land in dispute in January, 1881; that by an agreement made with his wife, Lucy Montgomery, he caused the conveyance to be made to her; that the land was taken in trust by Lucy Montgomery ; that the purchase-money was all paid by the plaintiff; that *49Lucy Montgomery died in 1887, and that the appellees are her heirs at law.

Filed April 10, 1891.

As the relation of husband and wife existed at the time the deed was executed, there can be no resulting, or implied, trust. *Lochenour*v. *Lochenour,*61 Ind. 595.

If it were possible for the plaintiff' to succeed in any event, it could only be for the reason that his wife agreed to hold the land as his trustee. Whether she had capacity to make a contract binding her to hold the land as her husband’s trustee is a question we deem it unnecessary to decide, inasmuch as our judgment is that a parol agreement between husband .and wife, in such a case as this, is ineffective. As no resulting trust can arise, the appellant can not possibly succeed, except upon the theory that an express trust was created in his favor by the parol agreement; but, as the law forbids the creation of an express trust by parol in cases of this character, the only theory upon which it can even be plausibly .argued that he can succeed is wholly untenable. *Moore*v. *Cottingham,*90 Ind. 239 ; *Mescall*v. *Tully,*91 Ind. 96; *Columbus, etc., R. W. Co.*v. *Braden,*110 Ind. 558; *Thomas*v. *Merry,*113 Ind. 83; *Anderson*v. *Crist,*113 Ind. 65.

This case is not a member of the class represented by the case of *Catalani*v. *Catalani,*124 Ind. 54, but belongs to an entirely different class. Here, no trust can possibly arise by implication, for no fraud is shown, and the relation of the parties forbids that a trust be implied.

The case made by the complaint is one wherein the plaintiff assumes to overthrow a perfect deed by a bald parol .agreement, and this the law will not permit.

Judgment affirmed.
Exhibit
31.2





CERTIFICATIONS





I,
Michael L. Wilfley, certify that:





1.
            I
      have reviewed this annual report on Form 10-K of Grande Communications
      Holdings, Inc.





2.
            Based
      on my knowledge, this report does not contain any untrue statement of a
      material fact or omit to state a material fact necessary to make the
      statements made, in light of the circumstances under which such statements
      were made, not misleading with respect to the period covered by this
      report;





3.
            Based
      on my knowledge, the financial statements, and other financial information
      included in this report, fairly present in all material respects the
      financial condition, results of operations and cash flows of the
      registrant as of, and for, the periods presented in this
      report;





4.
            The
      registrant’s other certifying officer(s) and I are responsible for
      establishing and maintaining disclosure controls and procedures (as
      defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
      and have:





(a)
Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;





(b)
Evaluated the effectiveness of the registrant’s disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and





(c)
Disclosed in this report any change in the registrant’s internal control over
financial reporting that occurred during the registrant’s most recent fiscal
quarter (the registrant’s fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant’s internal control over financial reporting; and





5.
            The
      registrant’s other certifying officer(s) and I have disclosed, based on
      our most recent evaluation of internal control over financial reporting,
      to the registrant’s auditors and the audit committee of the registrant’s
      board of directors (or persons performing the equivalent
      functions):





(a) All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the registrant’s ability to record, process, summarize and
report financial information; and





(b) Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant’s internal control over financial
reporting.








Date:
      March 31, 2008
            /s/ Michael L. WilfleyMichael
      L. Wilfley
              Chief
      Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                           23000
<SECURITIES>                                         0
<RECEIVABLES>                                   183889
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  310372
<CURRENT-LIABILITIES>                             6000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      273556
<TOTAL-LIABILITY-AND-EQUITY>                    310372
<SALES>                                              0
<TOTAL-REVENUES>                                 11475
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 15261
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (3786)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (3786)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (3786)
<EPS-PRIMARY>                                      (1)
<EPS-DILUTED>                                      (1)
        

</TABLE>
IV

105TH CONGRESS

2D SESSION H. RES. 614

Appointing and authorizing managers for the impeachment trial of William

Jefferson Clinton, President of the United States

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 19, 1998

Mr. HYDE submitted the following resolution; which was considered and

agreed to

RESOLUTION

Appointing and authorizing managers for the impeachment

trial of William Jefferson Clinton, President of the

United States

1 Resolved, That Mr. Hyde, Mr. Sensenbrenner, Mr.

2 McCollum, Mr. Gekas, Mr. Canady, Mr. Buyer, Mr. Bry3 ant, Mr. Chabot, Mr. Barr, Mr. Hutchinson, Mr. Cannon,

4 Mr. Rogan, and Mr. Graham are appointed managers to

5 conduct the impeachment trial against William Jefferson

6 Clinton, President of the United States, that a message

7 be sent to the Senate to inform the Senate of these ap8 pointments, and that the managers so appointed may, in

9 connection with the preparation and the conduct of the

10 trial, exhibit the articles of impeachment to the Senate
2

•HRES 614 ATH

1 and take all other actions necessary, which may include

2 the following:

3 (1) Employing legal, clerical, and other nec4 essary assistants and incurring such other expenses

5 as may be necessary, to be paid from amounts avail6 able to the Committee on the Judiciary under appli7 cable expense resolutions or from the applicable ac8 counts of the House of Representatives.

9 (2) Sending for persons and papers, and filing

10 with the Secretary of the Senate, on the part of the

11 House of Representatives, any pleadings, in conjunc12 tion with or subsequent to, the exhibition of the arti13 cles of impeachment that the managers consider nec14 essary.

Æ
J-S78002-18

____________________________________

* Former Justice specially assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

KAREN ANN PHILLIPS 

Appellant

:

:

:

:

:

:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 129 EDA 2018

Appeal from the PCRA Order November 28, 2017

In the Court of Common Pleas of Philadelphia County Criminal Division at 

No(s): CP-51-CR-0534691-1988

BEFORE: LAZARUS, J., McLAUGHLIN, J., and STEVENS*, P.J.E.

JUDGMENT ORDER BY LAZARUS, J.: FILED MARCH 12, 2019

Karen Ann Phillips appeals from the order, entered in the Court of 

Common Pleas of Philadelphia County, dismissing as untimely her petition filed 

under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. We 

affirm. 

On April 29, 1988, Phillips, armed with a tire iron, fatally beat her 

seventy-one-year-old grandmother. A jury convicted Philips of first-degree 

murder and, on July 14, 1989, the court sentenced her to life imprisonment. 

Phillips was twenty years old at the time of the murder. 

On direct appeal, this Court affirmed Phillips’ judgment of sentence, 

Commonwealth v. Philips, 580 A.2d 840 (Pa. Super. 1990). Thereafter, 

our Supreme Court denied allocatur. Commonwealth v. Phillips, 593 A.2d 

417 (Pa. 1991) (Table). 
J-S78002-18

- 2 -

Phillips filed a PCRA petition on August 15, 2012, claiming the United 

States Supreme Court’s decision in Miller v. Alabama, 567 U.S. 460 (2012), 

should be extended to defendants who were between the ages of 18 and 25 

at the time of their crimes, and that Miller should be applied in her case on 

equal protection grounds. In Miller, the Supreme Court recognized a 

constitutional right for juveniles under the age of 18, holding that “mandatory 

life without parole for those under the age of 18 at the time of their crimes 

violates the Eighth Amendment’s prohibition against ‘cruel and unusual 

punishments.’” Miller, 567 U.S. at 465. In Montgomery v. Louisiana, 136 

S. Ct. 718 (2016), the Court made its holding in Miller retroactive.

On October 11, 2017, the PCRA court issued Pa.R.Crim.P. 907 notice of 

intent to dismiss Phillips’ petition without a hearing. Phillips did not file a 

response, and the PCRA court dismissed the petition as untimely on November 

28, 2017. Phillips filed this appeal. 

Recently, this Court has rejected both claims. See Commonwealth v. 

Lee, 219 PA Super 64 (Pa. Super. 2019) (en banc) (holding defendant, who 

was over age 18 at the time of her offense, could not invoke Miller to 

overcome the PCRA time-bar); see also Commonwealth v. Montgomery, 

181 A.3d 359, 366 (Pa. Super. 2018) (en banc) (“Neither the Supreme Court 

of the United States nor our Supreme Court has held that Miller announced a 

new rule under the Equal Protection Clause.”). 
J-S78002-18

- 3 -

The PCRA court, therefore, properly rejected Phillips’ effort to extend 

Miller to satisfy the new constitutional rule exception to the PCRA time-bar. 

42 Pa.C.S.A. § 9545(b)(1)(iii). We find no error. 

Order affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/12/19
CLOSE
ENTANGLEMENTS

OF THE QUANTUM KIND
EXHIBIT 1 

Case: 1:20-cv-04699 Document #: 11-2 Filed: 08/27/20 Page 1 of 5 PageID #:111
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