alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
THE STATE OF SOUTH CAROLINA 

In The Supreme Court 

The State, Respondent, 

v. 

Daniel Demond Griffin, Petitioner. 

Appellate Case No. 2015-001839 

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS 

Appeal From Greenwood County 

Thomas L. Hughston, Jr., Circuit Court Judge 

Opinion No. 27635 

Submitted April 19, 2016 – Filed May 11, 2016 

AFFIRMED AS MODIFIED 

Appellate Defender LaNelle Cantey DuRant, of 

Columbia, for Petitioner. 

Attorney General Alan McCrory Wilson, and Assistant 

Attorney General John Benjamin Aplin, both of 

Columbia, for Respondent. 

PER CURIAM: Petitioner seeks a writ of certiorari to review the Court of 

Appeals' decision in State v. Griffin, 413 S.C. 258, 776 S.E.2d 87 (Ct. App. 2015). 
We grant the petition, dispense with further briefing, and affirm the Court of 

Appeals' decision as modified. 

After the start of trial, Petitioner moved to dismiss the case on the grounds that the 

deputies involved in his arrest and detainment were not duly qualified pursuant to 

S.C. Code Ann. §§ 23-13-10 and -20 (2007), because: (1) they were not properly 

bonded; (2) their oaths of office were not properly evidenced by a certificate 

signed by the sheriff until after Petitioner's arrest; and (3) the certificates 

acknowledging their appointments and oaths were not properly authenticated in the 

public record. The motion was denied. 

The Court of Appeals affirmed the trial court's ruling, finding the deputies could be 

considered "de facto deputies despite their failure to comply with all of the 

requirements of sections 23-13-10 and 23-13-20," because they: (1) were employed 

with the sheriff's office for a significant amount of time; (2) stated at trial they 

were bonded and had taken an oath to every sheriff for whom they had worked; (3) 

performed duties consistent with their appointments as deputies; and (4) were 

identifiable to Petitioner as deputy sheriffs who had the authority to act. 

However, we find such an analysis unnecessary, as it is well established that "the 

illegality of an initial arrest [does] not bar the accused person's subsequent 

prosecution and conviction of the offense charged." State v. Biehl, 271 S.C. 201, 

246 S.E.2d 859 (1978); see also Frisbie v. Collins, 342 U.S. 519 (1952); State v. 

Holliday, 255 S.C. 142, 177 S.E.2d 541 (1970); 5 Am. Jur. 2d Arrest § 129 (2016) 

("The illegality of an arrest does not preclude trial of the accused for the offense."). 

Petitioner asked for his case to be dismissed with prejudice, a remedy that runs 

contrary to the established law of South Carolina. Therefore, the trial court did not 

err in denying Petitioner's motion to dismiss, regardless of whether the underlying 

arrest was unlawful or committed lawfully by de facto sheriff's deputies. 

Accordingly, we vacate the Court of Appeals' analysis, but affirm on the grounds 

set forth above. 

The decision of the Court of Appeals is hereby 

AFFIRMED AS MODIFIED 

PLEICONES, C.J., BEATTY, KITTREDGE, HEARN and FEW, JJ., concur.
[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Notices]
[Page 1517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00331]


=======================================================================
-----------------------------------------------------------------------

NATIONAL CREDIT UNION ADMINISTRATION


Sunshine Act: Notice of Agency Meeting

TIME AND DATE: 8:30 a.m., Thursday, January 15, 2015.

PLACE: Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, 
VA 22314-3428.

STATUS: Closed.

MATTERS TO BE CONSIDERED:
    1. Proposed Merger under NCUA's Rules and Regulations. Closed 
pursuant to Exemption (8).
    2. Creditor Claim Appeal. Closed pursuant to Exemption (6).
    3. Consideration of Personnel Matters and Supervisory Activities. 
Closed pursuant to Exemptions (6) and (8).

RECESS: 9:45 a.m.

TIME AND DATE: 10:00 a.m., Thursday, January 15, 2015.

PLACE: Board Room, 7th Floor, Room 7047, 1775 Duke Street (All visitors 
must use Diagonal Road Entrance), Alexandria, VA 22314-3428.

STATUS: Open.

MATTERS TO BE CONSIDERED:
    1. NCUA's 2015-2016 Annual Performance Plan.
    2. NCUA's Rules and Regulations, Capital Planning and Stress 
Testing Schedules.
    3. Community Charter Request, 360 Federal Credit Union (Windsor 
Locks, CT).
    4. NCUA's Rules and Regulations, Prompt Corrective Action and Risk-
Based Capital Measures.

FOR FURTHER INFORMATION CONTACT: Gerard Poliquin, Secretary of the 
Board, Telephone: 703-518-6304.

Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2015-00331 Filed 1-8-15; 4:15 pm]
BILLING CODE 7535-01-P
**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**

 

 

 

I, Paul R. Arena, hereby 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 Annual Report on Form 10-K of Parallax Health Sciences, Inc. for the period ended December 31, 2017 (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 Parallax Health Sciences, Inc. 

 

 

 

 

 

*/s/ Paul R. Arena* 

Paul R. Arena 

President and CEO 

 

September 7, 2018 

 

 

 

 

 

 

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 Parallax Health Sciences, Inc. and will be retained by Parallax Health Sciences, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 11-5123 September Term, 2011

 FILED ON: AUGUST 3, 2012

OBAYDULLAH, DETAINEE, GUANTANAMO BAY AND SAMI AL HAJJ, AS NEXT FRIEND OF

OBAYDULLAH,

APPELLANTS

v.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES AND LEON E. PANETTA, SECRETARY OF

DEFENSE OF THE UNITED STATES OF AMERICA,

APPELLEES

Appeal from the United States District Court

for the District of Columbia

(No. 1:08-cv-01173)

Before: SENTELLE, Chief Judge, HENDERSON and GARLAND, Circuit Judges.

OPINION PENDING

CLASSIFICATION REVIEW
Exhibit 31.2

              CHIEF FINANCIAL OFFICER CERTIFICATION

I, Sharmon L. Smith, certify that:

1.   I have reviewed this annual report on Form 10-KSB of Whole Living, Inc.;

2.   Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to
make the statement made, in light of the circumstances under which statements
were made, not misleading with respect to the period covered by this annual
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 small
business issuer 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 (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuers'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 small business issuer's board of directors (or persons performing
the equivalent function):

     (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: April 13, 2004             /s/ Sharmon L. Smith
                                 ____________________________________
                                 Sharmon L. Smith
                                 Chief Financial Officer
Exhibit 33.7



|                                                       |  |  |  |                      
|------------------------------------------------------ |  |  |  | ---------------------
|[Letterhead of Wells Fargo Bank, National Association] |  |  |  | Wells Fargo Bank, NA 
|                                                       |  |  |  | Document Custody     
|                                                       |  |  |  | 1015  10thAvenue SE 
|                                                       |  |  |  | Minneapolis, MN 55014

ASSESSMENT OF COMPLIANCE WITH APPLICABLE SERVICING CRITERIA

Corporate Trust Services division of Wells Fargo Bank, National Association (the Company) is responsible for assessing compliance with the servicing criteria
set forth in Item 1122(d) of Regulation AB promulgated by the Securities and Exchange Commission. The Company has determined that the servicing criteria are applicable in regards to the servicing platform as of and for the period as follows:

Platform: Publicly-issued (i.e., transaction-level reporting required under the Securities Exchange Act of 1934, as amended)
residential mortgage-backed securities and commercial mortgage-backed securities issued on or after January 1, 2006 for which the Company provides document custody services, excluding any publicly issued transactions issued by any government
sponsored entity (the Platform).

Applicable Servicing Criteria: The servicing criteria set forth in Item 1122(d)(1)(iv),
1122(d)(4)(i) and 1122(d)(4)(ii), in regard to the activities performed by the Company with respect to the Platform (the Applicable Servicing Criteria). Management of the Company has determined that all other servicing criteria set forth
in Item 1122(d) are not applicable to the Platform.

Period: As of and for the twelve months ended December 31, 2007 (the
Period).

With respect to the Platform and the Period, the Company provides the following assessment of compliance with respect to the
Applicable Servicing Criteria:

1. The Company is responsible for assessing its compliance with the Applicable Servicing Criteria.

2. The Company has assessed compliance with the Applicable Servicing Criteria. In performing this assessment, the Company used the criteria set forth by the Securities
and Exchange Commission in paragraph (d) of Item 1122 of Regulation AB.

3. Based on such assessment, as of and for the Period, the Company has
complied, in all material respects with the Applicable Servicing Criteria.

KPMG LLP, a registered public accounting firm, has issued an attestation report
with respect to the Companys assessment of compliance as of and for the Period.



WELLS FARGO BANK, NATIONAL ASSOCIATIONBy:

/s/    SHARI GILLUNDName:

Shari GillundIts:

Senior Vice PresidentDated:

February 29, 2008
Exhibit 32(g)

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 JUNE 30, 2003

In connection with the quarterly report on Form 10-Q of PPL Montana, LLC (the
  "Company") for the quarter ended June 30, 2003, 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 12, 2003 | /s/ James H. MillerJames H. MillerPresidentPPL 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.
exv10w6a



 




Exhibit 10.6a



Employee and Executive Stock Options

2003 Plan




	 	 	 	 	 	 	 	 	 
	 
	 	FY 2007 Stock Option Award	 	 	 	 






Dear [Full Name]:




     Effective May 10, 2007 you have been granted a Non-qualified Option to purchase up to [amount]
shares of the common stock, par value $.25 per share, of Centex Corporation (the “Company”) for
$[price] per share (the “Option”). This Option is granted under the Centex Corporation Amended
and Restated 2003 Equity Incentive Plan (as such plan may be amended from time to time, the
“Plan”). A copy of the Plan is available to you upon request to the Law Department during the term
of this Option. This Option will terminate upon the close of business on May 10, 2014, unless
earlier terminated as described herein or in the Plan.



     This Award will vest at the rate of 33 1/3% per year on each of March 31, 2008, March 31,
2009, and March 31, 2010.1



     If for any reason you cease to be an employee of at least one of the employers in the group of
employers consisting of the Company and its Affiliates (i) this Option will immediately terminate
as to any unvested portion on the date of such cessation and (ii) any portion of this Option vested
but not exercised by you on or before such date of cessation may be exercised after such date only
as provided in the Plan.



     The Company may cancel and revoke this Option and/or replace it with a revised option at any
time if the Company determines, in its good faith judgment, that this Option was granted to you in
error or that this Option contains an error. In the event of such determination by the Company,
and written notice thereof to you at your business or home address, all of your rights and all of
the Company’s obligations as to any unvested portion of this Option shall immediately terminate.
If the Company replaces this Option with a revised option, then you will have all of the benefits
conferred under the revised option, effective at such time as the new option goes into effect.



     This Option is subject to the Plan, and the Plan will govern where there is any inconsistency
between the Plan and this Option. The provisions of the Plan are also provisions of this Option,
and all terms, provisions and definitions set forth in the Plan are incorporated in this Option and
made a part of this Option for all purposes. Capitalized terms used but not defined in this Option
will have the meanings assigned to such terms in the Plan. This Option is subject to the Company’s
Policy on Recoupment in Restatement Situations, and you agree that you will comply with the terms
of that Policy. This Option has been signed by Centex Corporation and delivered to you, and (when
signed by you) has been accepted by you effective as of May 10, 2007.



	 	 	 	 	 	 	 
	ACCEPTED
	 	 	 	CENTEX CORPORATION	 	 
	as of _________________, 2007
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	[Name]
	 	 	 	[Name]	 	 
	 
	 	 	 	[Title]	 	 








 




			
	1	 	The vesting schedule for “discretionary
retention awards” is as follows: This Award will vest at the rate of 20%
per year on each of March 31, 2008, 2009, 2010, 2011 and 2012.
grph_ex103.htm

EXHIBIT 10.3
   
  PROMISSORY NOTE AGREEMENT
   
    	  Loan Amount: $10,000 United States Dollars
	   
	  Due: February 1, 2016



   
  For value received, the undersigned promises to pay to Dr. Borenstein Ltd.(“Holder”), the sum of Ten Thousand United States Dollars (USD 10,000; the “Loan”), with interest on so much of the Loan as shall from time to time remain unpaid, at a rate which is 20% per annum calculated annually after the Loan is advanced to the undersigned, payment to be made by money wire payable to and delivered to Dr. Borenstein Ltd. in accordance with instructions to be provided separately.  
   
  The whole of the Loan, together with accrued and unpaid interest, shall be paid to the Holder on or before February 1, 2016. The undersigned will also issue to Holder 1,000,000 shares of common stock on or before November 15, 2015 as an inducement to make the Loan. 
   
  The undersigned herein waives presentment, demand, notice or dishonor and protest or further notice of any kind and agrees that it shall remain liable in respect of this Note as if presentment, demand, notice of dishonor and protest had been duly made or given. 
   
  This Promissory Note Agreement shall be governed by the laws of the State of New York without regard to any conflicts of laws principles that may apply to this transaction. 
   
  Dated this 28th day of June 2015. 
   
  
  ________________________________________
  For Graphite Corp. 
   
  616 Corporate Way, Suite 2-9011
  Valley Cottage, NY 10989 
   
   
  Agreed and accepted: 
   
  Dr. Borenstein Ltd. 
   
  ________________________________________
  By:    __________________________
  Title: __________________________
<PAGE>

                            SUPERIOR GALLERIES, INC.

                        2004 Annual Report on Form 10-KSB

                                  EXHIBIT 99.2

                            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 Annual Report of Superior Galleries, Inc. (the
"Company") on Form 10-KSB for the fiscal year ended June 30, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Paul Biberkaut, Chief Financial Officer 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 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/  Paul Biberkraut
                                        ----------------------------------------
                                        Paul Biberkraut, Chief Financial Officer
                                        August 10, 2004

         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.

         This certification accompanies this Report pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
are not to be incorporated by reference into the Report or any other filing of
the Company, whether made before or after the date hereof, regardless of any
general incorporation language in such filing.
<PAGE>
                                    FORM 6-K

                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

                        REPORT OF FOREIGN PRIVATE ISSUER

                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                         For the month of November 2004

                        Commission File Number 333-101591

                          GERDAU AMERISTEEL CORPORATION
                              5100 W. Lemon Street
                                   Suite 3100
                                 Tampa, Florida
                                      33609

Indicate by check mark whether the registrant files or will file annual reports
                      under cover Form 20-F or Form 40-F.

                          Form 20-F [ ] Form 40-F [X]

     Indicate by check mark if the registrant is submitting the Form 6-K in
           paper as permitted by Regulation S-T Rule 101(b)(1): ____

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
                permitted by Regulation S-T Rule 101(b)(7): ____

 Indicate by check mark whether by furnishing the information contained in this
     Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                                Yes [ ] No [X]

If "Yes" is marked, indicate below the file number assigned to the registrant in
                  connection with Rule 12g3-2(b): 82- ________


<PAGE>



                                  EXHIBIT LIST

<TABLE>
<CAPTION>
     Exhibit        Description
     -------        -----------
     <S>            <C>
       99.1         Press Release, dated November 18, 2004
</TABLE>



<PAGE>



                                   SIGNATURES

         Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

Date: November 18, 2004

                                       GERDAU AMERISTEEL CORPORATION


                                       By: /s/ Tom J. Landa
                                           -------------------------------------
                                           Name:  Tom J. Landa
                                           Title: Vice-President, Chief
                                                  Financial Officer and
                                                  Secretary