alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Third District Court of Appeal

State of Florida

Opinion filed October 18, 2017.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D17- 1334

Lower Tribunal No. 17-2416

________________



### Kenneth Wayne Kolb,

Petitioner,

vs.



### The State of Florida,

Respondent.

A Case of Original Jurisdiction

— Petition for Belated Appeal.

Kenneth Wayne Kolb, in proper person.

Pamela Jo Bondi, Attorney General, and Carrol Y. Cherry Eaton (Fort

Lauderdale)

, Senior Assistant Attorney General, for respondent.

Before ROTHENBERG, C.J., and SCALES and LUCK, JJ.

SCALES, J.Petitioner Kenneth Wayne Kolb filed two petitions in the trial court. His first

petition was for a writ of prohibition, which sought to prohibit prison officials from

allegedly retaliating against him for filing grievances at the Dade Correctional

Institution. Kolb had recently been transferred to this Miami-Dade correctional

facility to be closer to his family in advance of his scheduled release from prison,

and Kolb alleged that prison officials intended to transfer him back to a prison

upstate in violation of his constitutional rights.

Kolb’s second petition was for a writ of mandamus, which sought to compel

the Miami-Dade County Clerk to process Kolb’s application for a name change,

notwithstanding a Florida statute that conditions such an application on the

restoration of the applicant’s civil rights. § 68.07(3)(l), Fla. Stat. (2016).

The trial court denied both petitions without hearing, rendering its orders on

March 31, 2017. Kolb’s notice of appeal, which appears to relate only to the order

denying his petition for writ of prohibition, was received by prison officials on

May 19, 2017, and forwarded to this Court on May 24, 2017. Kolb concedes that

he filed his appeal after the thirty-day appeal period of Florida Rule of Appellate

Procedure 9.110(b), and petitions this Court to accept a belated appeal pursuant to

Florida Rule of Appellate Procedure 9.141(c).

Both of Kolb’s petitions below were civil in nature. Rule 9.141(c)’s belated

appeal procedures relate to criminal proceedings. We lack jurisdiction to grant a

2belated appeal in a civil proceeding and, consequently, we dismiss Kolb’s petition.

Hollingsworth v. Szczecina

, 731 So. 2d 790, 791 (Fla. 1st DCA 1999).

Petition dismissed.

3
NOTICE: NOT FOR OFFICIAL PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL

AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE

ARIZONA COURT OF APPEALS

DIVISION ONE

STATE OF ARIZONA, Respondent,

v.

RICHARD ALLEN WEBB, Petitioner.

No. 1 CA-CR 18-0440 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR2007-174190-001

The Honorable Andrew G. Klein, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix

By Diane Meloche

Counsel for Respondent

Richard Allen Webb, Florence

Petitioner

MEMORANDUM DECISION

Presiding Judge Kenton D. Jones, Vice Chief Judge Peter B. Swann, and 

Judge David D. Weinzweig delivered the decision of the Court.

FILED 1-3-2019
STATE v. WEBB

Decision of the Court

2

P E R C U R I A M:

¶1 Richard Webb seeks review of the superior court’s order 

dismissing his petition for post-conviction relief, filed pursuant to Arizona 

Rule of Criminal Procedure 32.1. This is the petitioner’s fourth successive

petition.

¶2 Absent an abuse of discretion or error of law, this Court will 

not disturb a superior court’s ruling on a petition for post-conviction relief. 

State v. Gutierrez, 229 Ariz. 573, 576-77, ¶ 19 (2012). It is the petitioner’s 

burden to show that the superior court abused its discretion in denying the 

petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶3 We have reviewed the record in this matter, the superior 

court’s order denying the petition for post-conviction relief, and the petition 

for review. We find that the petitioner has not shown any abuse of 

discretion. 

¶4 Accordingly, we grant review and deny relief.
EXHIBIT 23.2
  CONSENT OF INDEPENDENT PETROLEUM ENGINEERS
  As independent engineering consultants, Joe C. Neal & Associates, hereby consents to the use of the name Joe C. Neal & Associates and references to Joe C. Neal & Associates and to the inclusion of and references to our report, or information contained therein, entitled “Evaluation of Oil and Gas Reserves, Mexco Energy Corporation Annual Report Effective Date: March 31, 2011” prepared for Mexco Energy Corporation in the Annual Report on Form 10-K of Mexco Energy Corporation for the filing dated on or about June 29, 2011.
  
 /s/ Joe C. Neal & Associates
 JOE C. NEAL & ASSOCIATES,
 PETROLEUM AND ENVIRONMENTAL ENGINEERING CONSULTANTS
 
 Midland, Texas
 June 29, 2011
EXHIBIT 32

                            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 Quarterly Report of Boundless Corporation, a Delaware
corporation (the "Company"), on Form 10-QSB for the period ending June 30, 2006
as filed with the U.S. Securities and Exchange Commission on the date hereof
(the "Report"), each of the undersigned officers of the Company does hereby
certify, pursuant to 18 U.S.C. ss. 1350 (section 906 of the Sarbanes-Oxley Act
of 2002), that:

      (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 result of operations
            of the Company.

The foregoing certification (i) is given to such officers' knowledge, based upon
such officers' investigation as such officers reasonably deem appropriate; and
(ii) is being furnished solely pursuant to 18 U.S.C. ss. 1350 (section 906 of
the Sarbanes-Oxley Act of 2002) and is not being filed as part of the Report or
as a separate disclosure document.

Dated: August 16, 2006                /s/ John D. Ryan
                                      ------------------------------------------
                                      John D. Ryan
                                      Acting Chief Executive Officer


Dated: August 16, 2006                /s/ Joseph Gardner
                                      ------------------------------------------
                                      Joseph Gardner
                                      Vice President and Chief Financial Officer

A signed  original of this written  statement  required by Section 906, or other
document  authenticating,  acknowledging,  or otherwise  adopting the signatures
that  appear  in typed  form  within  the  electronic  version  of this  written
statement  required by Section 906, has been  provided to Boundless  Corporation
and will be retained by Boundless Corporation and furnished to the United States
Securities and Exchange Commission or its staff upon request.



                                    29 of 29
Exhibit 32


                        CERTIFICATION OF PERIODIC REPORT


I, John C.K. Hui, Chief Executive Officer of Vasomedical,  Inc. (the "Company"),
certify,  pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, 18 U.S.C.
Section 1350, that:

     (1)  the Quarterly  Report on Form 10-Q of the Company for the three months
          ended  August  31,  2008  (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.


Dated: October 15, 2008

                                       /s/ John C.K. Hui
                                       -----------------------------------------
                                       John C.K. Hui
                                       President and Chief Executive Officer




I,  Tricia  Efstathiou,  Chief  Financial  Officer  of  Vasomedical,  Inc.  (the
"Company"),  certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that:

     (1)  the Quarterly  Report on Form 10-Q of the Company for the three months
          ended  August  31,  2008  (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.


Dated: October 15, 2008

                                    /s/ Tricia Efstathiou
                                    --------------------------------------------
                                    Tricia Efstathiou
                                    Chief Financial Officer
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 30, 2020

b0622 

# Order

Clerk June 30, 2020

160425

DANIEL WILLIAM RUDD,

Plaintiff

- Appellant,

v SC: 160425

COA: 340135

Muskegon CC: 07

- 036874

- DM

ANDREA JOY AVERILL, f/k/a

ANDREA JOY WAGENMAKER, f/k/a

ANDREA JOY RUDD,

Defendant

- Appellee.

_____________________________________/

On order of the Court, the application for leave to appeal the July 30, 2019 judgment

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded

that the questions presented should be reviewed by this Court.
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _
Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 2 A0 59 7 . COREECE L. BRI DGES v . THE STATE.

In 2 0 0 9, Co reece L. Bri d g es was co n v i ct ed o f h i j ack i n g a m o t o r v eh i cl e, t wo

co u n t s o f a r m ed ro b bery
, two co u n t s o f ag g rav at ed as s au l t wi t h i n t en t t o ro b
, an d

p o s s es s i o n o f a fi r e arm d u ri n g co m m i s si o n of a fel o n y

. Bri d ges ’ s co n v i ct i o n was affi rm ed o n d i rect ap p eal i n an u n p u b li s h ed o p i n i o n

. See B r i dg es v. St a te , Cas e No

. A1 6 A1 35 8 (No v

. 1 5, 2 0 1 6). In 2 0 2 0
, Bri d g es fi l ed an ex t rao rd i nary m o t io n fo r n ew
t ri al
, w h i ch t he t r i a l co u rt d en i ed o n Sep t em b er 1 4
, 2 02 1

. Bri d g es fi l ed a n o t i ce o f

ap p eal t h erefro m . W e, h owev er, l ack ju ri s d i ct i on

. An o rd er den y in g an ex t rao rd i n ary m o t io n fo r new tri al m u s t be ap p eal ed b y d i s cret i o n ary ap p l i cat i o n

. See OCGA § 5 -6 -3 5 (a) (7 ); B al kco m v. S ta t e , 2 2 7 Ga. Ap p. 3 2 7
, 3 2 9 (4 8 9 SE2 d 1 2 9) (1 9 9 7 ). Acco rd in g l y , t hi s ap p eal i s h ereb y DISM ISSED fo r l ack o f ju ri s d i ct i o n

.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m
t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. December 10, 2021

12/10/2021
108TH CONGRESS

2D SESSION H. R. 4829

AN ACT

To designate the facility of the United States Postfice Building’’. Kingsville, Texas, as the ‘‘Irma Rangel Post Of- al Service located at 103 East Kleberg in

108TH CONGRESS

2D SESSION H. R. 4829

AN ACT

To designate the facility of the United States Postal Service

located at 103 East Kleberg in Kingsville, Texas, as

the ‘‘Irma Rangel Post Office Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 4829 EH

1 SECTION 1. DESIGNATION.

2 The facility of the United States Postal Service lo3 cated at 103 East Kleberg in Kingsville, Texas, shall be

4 known and designated as the ‘‘Irma Rangel Post Office

5 Building’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the facility

9 referred to in section 1 shall be deemed to be a reference

10 to the ‘‘Irma Rangel Post Office Building’’.

Passed the House of Representatives October 6,

2004.

Attest:

Clerk.
Exhibit 32.2
CERTIFICATION PURSUANT TO
18 U.S.C. §1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
     Inconnection with the Quarterly Report of AMDL, Inc. (the “Company”) on Form10-QSB for the period ended March 31, 2004 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Arthur S. Rosten,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
(1) The Report fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934; and
(2) The information contained in the Report fairly presents, inall material respects, the financial condition and results ofoperations of the Company.     /s/ Arthur S. Rosten  Arthur S. Rosten Chief Financial Officer May 13, 2004
Exhibit 32.1
CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
     I, Leonard R. Stein-Sapir, Chairman of the Board and Chief Executive Officer of Morgan’sFoods, Inc. (the “Company”), hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:
 (1)  The Annual Report on Form 10-K of the Company for the period ended February 27,2005, (the “Report”), which this certification accompanies, fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934; and  (2)  The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.    /s/ Leonard R. Stein-Sapir   Leonard R. Stein-Sapir, Chairman of the Board and Chief Executive Officer
May 31, 2005
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4618 Enrolled Bill (ENR)]

        H.R.4618

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
To designate the facility of the United States Postal Service located at 
    10 West Prospect Street in Nanuet, New York, as the ``Anthony I. 
                Lombardi Memorial Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 10 West 
Prospect Street in Nanuet, New York, shall be known and designated as 
the ``Anthony I. Lombardi Memorial Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Anthony I. Lombardi Memorial 
Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
Exhibit 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO RULE 13a-14(a) OF THE
SECURITIES EXCHANGE ACT OF 1934

I, Sean M. Cary, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Willamette Valley
Vineyards, Incorporated;

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 small business issuer'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
small business issuer 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 small business issuer, 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 small business issuer'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 small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of the small business issuer'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 small business issuer'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 small business issuer's internal
control over financial reporting.

Date: November 14, 2005
/s/ Sean M. Cary
    Sean M. Cary
    Chief Financial Officer
#### Kenneth M. MORGAN, Petitioner-Appellant, v. Kenneth DUCHARME, Respondent-Appellee.

No. 00-35219.

D.C. No. CV-99-00066-JLQ.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 2001.*

Decided June 1, 2001.

Before PREGERSON, FERNANDEZ, and WARDLAW, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Kenneth Michael Morgan appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for habeas corpus challenging his convictions for first-degree kidnapping, second-degree assault and second-degree arson. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Morgan contends that ineffective assistance of counsel rendered his guilty plea involuntary and unintelligent.

We review the district court’s denial of a 28 U.S.C. § 2254 habeas petition de novo. *Dows v. Wood,*211 F.3d 480, 484 (9th Cir.2000). We analyze Morgan’s ineffective assistance of counsel claim to determine whether the state court’s decision was an unreasonable application of clearly established law. 28 U.S.C. § 2254(d). An unreasonable application of law exists only if the state court clearly erred. *Van Tran v. Lindsey,*212 F.3d 1143, 1153-54 (9th Cir.2000).

The Washington Court of Appeals’ conclusions that Morgan’s guilty plea was voluntary and intelligent and not the result of inefféctive assistance of counsel were not unreasonable applications of clearly established federal law. *See Hill v. Lockhart,*474 U.S. 52, 56, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); *Strickland v. Washington,*466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Morgan is therefore not entitled to relief under 28 U.S.C. § 2254(d)(1),(2).

*605Morgan’s claims of constitutional violations prior to the entry of his plea are not cognizable, nor was there a certificate of appealability granted with respect to those claims. *Ortberg v. Moody,*961 F.2d 135, 137-8 (9th Cir.1992); 28 U.S.C. § 2253(c). Therefore we will not consider them.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
No. 87-1069.

#### Arcoren *v.*Peters et al.

C. A. 8th Cir. Certiorari denied.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

YORK COUNTY PRISON,

Petitioner

v.

TEAMSTERS LOCAL UNION NO. 776,

Respondent

:

:

:

:

:

:

:

:

:

:

:

No. 163 MAL 2021

Petition for Allowance of Appeal 

from the Order of the 

Commonwealth Court

ORDER

PER CURIAM

AND NOW, this 18th day of May, 2022, the Petition for Allowance of Appeal is 

DENIED.

Justice Brobson did not participate in the consideration or decision of this matter.