alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOS. 12-17-00008-CR

 12-17-00009-CR

 12-17-00010-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JEROME MARKS, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

§

§

§

APPEAL FROM THE 252ND 

JUDICIAL DISTRICT COURT

JEFFERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Appellant, Jerome Marks, has filed motions to dismiss his three appeals. The motions

are signed by Appellant and his counsel. No decision has been delivered in these appeals.

Accordingly, Appellant’s motions to dismiss are granted, and the appeals are dismissed. See 

TEX. R. APP. P. 42.2(a).

Opinion delivered April 12, 2017.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

APRIL 12, 2017

NO. 12-17-00008-CR

JEROME MARKS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 252nd District Court 

of Jefferson County, Texas (Tr.Ct.No. 14-18651)

THIS CAUSE came on to be heard on the motion of the Appellant to dismiss 

the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and 

DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and 

that the decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

APRIL 12, 2017

NO. 12-17-00009-CR

JEROME MARKS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 252nd District Court 

of Jefferson County, Texas (Tr.Ct.No. 14-18654)

THIS CAUSE came on to be heard on the motion of the Appellant to dismiss 

the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and 

DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and 

that the decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

APRIL 12, 2017

NO. 12-17-00010-CR

JEROME MARKS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 252nd District Court 

of Jefferson County, Texas (Tr.Ct.No. 14-18648)

THIS CAUSE came on to be heard on the motion of the Appellant to dismiss 

the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and 

DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and 

that the decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
Exhibit
32(c)


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


AS
ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


FOR PPL
ENERGY SUPPLY, LLC'S 10-Q FOR THE QUARTER ENDED JUNE 30, 2009




In
connection with the quarterly report on Form 10-Q of PPL Energy Supply, LLC (the
"Company") for the quarter ended June 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the "Covered Report"), I,
the principal executive officer of the Company, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
hereby certify that:




·
            The
      Covered Report fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934, as amended;
    and·
            The
      information contained in the Covered Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.








Date:  August
      4, 2009
            /s/  James
      H. MillerJames
      H. Miller
              President
              PPL
      Energy Supply, LLC






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.
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<SECURITIES>                                   643,500
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<INCOME-TAX>                                 1,040,473
<INCOME-CONTINUING>                        (4,161,891)
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<CHANGES>                                            0
<NET-INCOME>                               (4,161,891)
<EPS-BASIC>                                     (0.36)
<EPS-DILUTED>                                   (0.36)


</TABLE>
* 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. United States Court of Appeals Fifth Circuit 

## FILED April 23, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-50782 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus PAMELA PURSELY RICHARDSON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-02-CR-12-2

-------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM: * The attorney appointed to represent Pamela Pursely Richardson has moved for leave to withdraw as counsel and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Richardson has not filed a response to counsel’s motion and brief. Our independent review of the record discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion forNo. 02-50782 -2- leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.
#### The People of the State of New York, Respondent, v Bobby Charles, Appellant.

[971 NYS2d 895]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered March 7, 2012, convicting him of criminal *825possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the Supreme Court considered improper factors in imposing sentence is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Aviles,*87 AD3d 547 [2011]; *People v Garson,*69 AD3d 650 [2010]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]). Eng, P.J., Mastro, Dickerson, Lott and Miller, JJ., concur.
The HONORABLE THOMAS M. REAVLEY, United States Circuit Judge for * the Fifth Circuit, sitting by designation.

United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 96-2399

___________ Aderemi A. Alli, * * Plaintiff - Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Minneapolis Public Housing * Authority, * [UNPUBLISHED] * Defendant - Appellee. *

___________ Submitted: June 13, 1997 Filed: July 21, 1997

___________ Before LOKEN, REAVLEY, and JOHN R. GIBSON, Circuit Judges. *

___________ PER CURIAM. Aderemi Alli was hired by the Minneapolis Public Housing A uthority as an open account specialist. After poor performance evaluations by two different supervisors, All iwas terminated near the end of his six-month probationary period. He the n commencedthis action under Title VII and the Minneapolis Civil Rights Ac t con tending that he was wrongfully terminated because of his African-American race.Th e HONORABLE DAVID S. DOTY, United States District Judge for th e 1 District of Minnesota. -2- The district court granted summary judgment in favor of the Hou sing Authority, 1 concluding t

hat it had presented credible evidence of a legitimate, non-discriminatory reason for Alli’s termination -- his poor work performance -- and that Alli had failed to come forward with credible evidence that this reason was a pretext for unlawful race discriminat ion. Alli appeals. After careful review of the record, we conclude tha t summary judgment was properly granted for the reasons stated by the district court
. Accordingly, we affirm. See 8th Cir. Rule 47B. A true copy. Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 32.1


                           STATMON TECHNOLOGIES CORP.

                            CERTIFICATION PURSUANT TO
                             19 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 Statmon Technologies Corp.
(the "Company") on Form 10-QSB for the period ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Geoffrey Talbot, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss.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.

            /s/ Geoffrey P. Talbot
        --------------------------------
              GEOFFREY P. TALBOT
            CHIEF EXECUTIVE OFFICER
                FEBRUARY 14, 2005

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Statmon Technologies Corp. and
will be retained by Statmon Technologies Corp. and furnished to the Securities
and Exchange Commission or its staff upon request.
EXHIBIT 32.1



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 Venture Catalyst Incorporated (the Company) on Form 10-QSB for the quarterly period ending December
31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, L. Donald Speer, II, Chairman of the Board and Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. 1350, as adopted
pursuant to 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.



By:

/s/    L. DONALD SPEER, IIL. Donald Speer, II Chairman of the Board and Chief Executive Officer




Dated: February 13, 2004
Exhibit 99(h)

CERTIFICATE PURSUANT TO 18 U.S.C. SECTION 1350
  AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  FOR PPL MONTANA, LLC'S 10-Q FOR THE QUARTER ENDED MARCH 31, 2003

In connection with the quarterly report on Form 10-Q of PPL Montana, LLC (the
  "Company") for the quarter ended March 31, 2003, as filed with the Securities
  and Exchange Commission on the date hereof (the "Covered Report"), I, the principal
  financial officer of the Company, pursuant to 18 U.S.C. Section 1350, as adopted
  pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that:

| | · | The Covered Report fully complies with the
        requirements of Section 13(a) or 15(d) of the Securities Exchange Act
        of 1934, as amended; and                   
| | - | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |   |                                                                                                                                                                             
| | · | The information contained in the Covered
        Report fairly presents, in all material respects, the financial condition
        and results of operations of the Company.





|Date: May 13, 2003 | /s/ James E. AbelJames E. AbelTreasurerPPL Montana, LLC
|------------------ | -------------------------------------------------------

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 31.2



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Peggy A. Farley, certify that:



1. I have reviewed this Annual Report on Form 10-K for the year ended December 31, 2009, of Bioheart, 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. I am 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) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;



c) 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



d) 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 that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. 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, 2010



/s/ Peggy A. Farley

Peggy A. Farley

Principal Financial and Accounting Officer







---
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<CIK>                           0000318299
<NAME>                          Tomahawk Industries, Inc.
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<EPS-DILUTED>                                                            0



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#### The People of the State of New York, Respondent, v Mark D. Coney, Appellant.

[971 NYS2d 626]—

Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), rendered September 2, 2008. The judgment *1155convicted defendant, upon a nonjury verdict, of criminal possession of a forged instrument in the second degree (8 counts) and identity theft in the first degree (11 counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon a nonjury verdict, of 8 counts of criminal possession of a forged instrument in the second degree (Penal Law § 170.25) and 11 counts of identity theft in the first degree (§ 190.80 [1], [3]), defendant contends that the verdict is against the weight of the evidence. We reject that contention. The conviction stems from defendant’s conduct in fraudulently securing three student loans and attempting to cash or deposit the proceeds of one of the loans with a forged signature. Having viewed the evidence in light of the elements of the crimes in this nonjury trial (see *People v Danielson,*9 NY3d 342, 349 [2007]) and having “weighted] [the] conflicting testimony, review[ed] [the] rational inferences that may be drawn from the evidence and evaluate[d] the strength of such conclusions” *(id.*at 348), we conclude that the evidence amply supports County Court’s determination that defendant knowingly used the personal identifying information of a woman who he did not know and from whom he did not have permission to use such information in order to secure the loans and procure the proceeds. Despite defendant’s testimony that he did not know that the woman who supplied him with the personal identifying information used to cosign on the loan applications was not the woman to whom the information belonged, we note that, “ ‘[i]n a bench trial, no less than a jury trial, the resolution of credibility issues by the trier of fact and its determination of the weight to be accorded the evidence presented are entitled to great deference’ ” *(People v McCoy,*100 AD3d 1422, 1422 [2012]; *see People v White,*149 AD2d 915, 915-916 [1989], *lv denied*74 NY2d 854 [1989]). We perceive no reason to disturb the court’s credibility determination. Present — Scudder, PJ., Centra, Lindley and Whalen, JJ.
[fvrgexh16chisholm001.jpg]   May 12, 2011  Office of the Chief Accountant Securities and Exchange Commission 450 West Fifth Street N.W. Washington DC 20549  Ladies and Gentlemen,  We have read the statements about our firm included under Item 9 Changes in and Disagreements with Accountants on Accounting and Financial Disclosure in the Form 10-K for the year ended December 31, 2010 of ForeverGreen Worldwide Corporation and are in agreement with the statements contained therein as they pertain to our firm.   Sincerely,  /s/ Chisholm, Bierwolf, Nilson & Morrill   Chisholm, Bierwolf, Nilson & Morrill