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#### State v. Chevalier

Case below: 181 N.C. App. 150

No. 046P07

1. Defs Motion for Relief (COA06-552)

2. Defs Motion for Appointment of Counsel

3. Defs Motion for Relief

1. Dismissed (05/03/07)

2. Denied (05/03/07)

3. Dismissed without prejudice to file a motion for appropriate relief in the trial court with respect to defendant’s ineffective assistance of trial and appellate counsel claims (05/03/07)
Mr. A. C. Turner, Chairman Opinion No. C-471 

Board of Pardons & Paroles 

Austin, Texas Re: Whether the Board of Pardons 

and Paroles has the authority to 

recommend and the Governor the 

power to grant a posthumous Full 

pardon to a deceased convicted 

felon on application of a relaDear Mr. Turner: tlve or other interested party. 

Your recent letter requests our opinion as to the 

above matter. This question has been Foreclosed by Runnicutt 

v. State, 18 Tex.Ct.App. 498 (1885), in which it was held that: 

11 . . . '1st. A pardon, in order to 

be complete, must, in contemplation OF 

law, be delivered and accepted.' 2d. 

'The principles applicable to the delivery of a pardon and an ordinary deed 

must be considered analogous, and in 

either case Its delivery is complete 

when the grantor has parted with his 

entire control or dominion over the instrument, with the intention that it 

shall pass to the grantee or obligee, 

and the latter assents to it either by 

himself or agent; . . .I' 

Language to the effect that a pardon must be accepted Is also Found In Rx Parte Rice, 72 Tex.Crim. 587, 162 S.W. 

Rx Parte Redwlne, 91 T ex.Crim. 83, 236 S.W. 96 

Rx Parte Frazier, 91 Tex.Crim. 475, 239 S.W. 972 

also Attorney General's Opinion No. O-2413 (1940). 

Thus, the pardon not being delivered to the convict 

during his lifetime, It could not be accepted by him. Even 

had he appointed an agent to accept the pardon during his lifetime, his death would have the effect of terminating such relationship. Primm v. Stewart, 7 Tex. 178 (1851). 

-2235- 
Mr. A. C. Turner, Page 2 (C-471) 

SUMMARY 

The Board OF Pardons and Paroles has 

no authority to recommend and the Governor 

no power to grant a posthumous Full pardon 

to a deceased convicted Felon on application 

of a relative or other interested party. 

Yours very truly, 

WAGGONER CARR 

Attorney General bf Texas 

By: 

Assistant'Attorney General 

CBS/lbh 

APPROVED: 

OPINION COmITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Gordon Cass 

Brady Coleman 

Sam Kelley 

APPROVEB FOR THE ATTORNEY GENERAL 

BY: Hawthorne Phillips 

-2236-
EXHIBIT 32.1 

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350**

 

The undersigned, Wayne P. Garten, President and Chief Executive Officer and John W. Swatek, Senior Vice President, Chief Financial Officer and Treasurer  of Hanover Direct, Inc. (the “Company”),  each hereby certify that to his knowledge the Quarterly Report on Form 10-Q for the fiscal quarter ended March 26, 2005 of the Company 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 and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company for the period specified. 

 

Signed at the City of Weehawken, in the State of New Jersey, this 21st day of February, 2006. 

 

 
| /s/ Wayne P. Garten

Wayne P. Garten

President and Chief Executive Officer

 

/s/ John W. Swatek

JohnW. Swatek

Senior Vice President, Chief Financial Officer and Treasurer |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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 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 Arête Industries, Inc. (the "Company") on Form 10-Q for the period ending March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Charles L. Gamber, Chief Executive 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:





(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.














January 18, 2011
By:
/s/ Charles L. GamberCharles L.Gamber, Chief Executive Officer


A signed original of this written statement required by Section 906 has been provided to Arête Industries, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request
NUMBER 13-18-00689-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JUAN MENDOZA CORPORATION 

D/B/A JM CONSTRUCTION, APPELLANT,

v.

PATRICIA DALE, APPELLEE. 

____________________________________________________________

On appeal from the County Court at Law No. 3

of Cameron County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Perkes

Memorandum Opinion by Justice Longoria

Appellant, Juan Mendoza Corporation d/b/a JM Construction, filed an appeal from 

a judgment entered by the County Court at Law No. 3 of Cameron County, Texas, in 

cause number 2013-CCL-369. The parties have filed an agreed motion to dismiss the 
2

appeal on grounds that all matters in controversy between them in this cause have been 

settled. The parties request that this Court dismiss the appeal.

The Court, having considered the documents on file and the agreed motion to 

dismiss, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). 

The agreed motion to dismiss is granted, and the appeal is hereby DISMISSED. Costs 

will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the 

parties, the court will tax costs against the appellant."). Having dismissed the appeal at 

appellant's request, no motion for rehearing will be entertained, and our mandate will 

issue forthwith.

NORA L. LONGORIA

Justice

Delivered and filed the

16th day of May, 2019.
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## Contact Information

Bethesda MD20814

hiroyuki.nagashima@nih.gov

February 2023

Back to Top
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  Arete  Industries,  Inc.  (the
"Company") on Form 10-QSB for the period ended  September 30, 2003 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Thomas P. Raabe, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 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.


Dated: November 19, 2003                   By:  /s/ Thomas P. Raabe
                                                --------------------------------
                                                Chief Executive Officer and
                                                Interim Chief Financial Officer
DISMISS; and Opinion Filed May 2 8 , 2013

. 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 12

- 00834

- CV

WON CHANG AND WONALE X CORPORATION D/B/A ONE ENERGY , Appellant s

V.
ENERGIA CONSULTANTS, INC. AND RUBEN ALMAZ AN , Appellee s

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC

- 12

- 04394



### MEMORANDUM OPINION Before Justices Francis, Murphy

, and Evans Opinion by Justice Murphy

This case was submitted on April 1, 2013. T hat same day

, the Court received

correspondence from appellees’ counsel that the parties were in the process of finalizing

settlement papers . Three days later, the parties notified the Court that the y had, in fa ct, reached a

settlement . The parties were directed to file a proper motion to dismiss the appeal. See T EX

. R.

A PP

. P. 42.1(a). On April 24, 2013, the Court c ontacted the parties regarding the status of the

appeal and was informed that counsel for appellants was waiting for counsel for appellees to

return a motion to dismiss with his signature.- 2

- The Court did not receive any further communication, and b y letter dated May 8 , 2013,

the Court inst ructed the parties to notify the Court regarding the status of the settlement and

corresponding motion to dismiss within ten days . We cautioned that if no response was

received, the Court would take whatever action it deem s appropriate, including dismissi ng the

appeal. As of today’s date, the Court has not received a response. Accordingly, we dismiss the

appeal. See T EX

. R. A PP

. P. 42.3( c).

120834F.P05 /Mary Murphy/ MARY MURPHY JUSTICE- 3

- 

# S

Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

WON CHANG AND WONALEX CORPORATION D/B/A ONE ENERGY, Appellants

No. 05

- 12

- 00834

- CV V.

ENERGIA CONSULTANTS, INC. AND RUBEN ALMAZAN, Appellees On Appeal from the 298th Judicial District Court, Dallas County, Texas Trial Court Cau se No. DC

- 12

- 04394. Opinion delivered by Justice Murphy. Justices Francis and Evans participating.

Based on the Court’s opinion of this date, we DISMISS the appeal. We ORDER that each party bears its own costs of the appeal.

Judgment entered this 28th day of May, 2013.

/Mary Murphy/ MARY MURPHY JUSTICE
EXHIBIT 23




INDEPENDENT AUDITORS' CONSENT





We consent to the  incorporation  by reference in  Registration  Statements Nos.
33-53922,  33-53924,  33-53926,  33-67946,  33-67948,  33-68120,  33-79070,  and
33-81668 of Microtest,  Inc. on forms S-8 of our report dated  February 4, 1998,
appearing  in this Annual  Report on Form 10-K of  Microtest,  Inc. for the year
ended December 31, 1997.









DELOITTE & TOUCHE LLP
Phoenix, Arizona

March 25, 1998
                                                                              70
<PAGE>

                                EXHIBIT 23

                    Consent of Independent Accountants

      We hereby consent to the incorporation by reference in the
Registration Statement (Form S-8 No. 33-83160) pertaining to the Zoltek
Companies, Inc. Savings and Profit Sharing Plan, the prospectus constituting
part of the Registration Statement (Form S-3 No. 33-84070) pertaining to
154,206 shares of common stock, the Registration Statement (Form S-8 No.
33-83160) pertaining to Zoltek Companies, Inc. 1992 Long Term Incentive Plan
and Zoltek Companies, Inc. 1992 Directors Stock Option Plan and the
Registration Statement (Form S-8 No. 33-06565) pertaining to 34,896 shares of
common stock of our report dated November 18, 1998, which appears in the 1998
Annual Report to Shareholders of Zoltek Companies, Inc., which report and
consolidated financial statements are included in this Annual Report on Form
10-K for the year ended September 30, 1998. We also consent to the
incorporation by reference of our report on the Financial Statement Schedule,
which appears on page 46 of this Form 10-K.


PricewaterhouseCoopers LLP
St. Louis, Missouri
December 28, 1998
#### Husan Lal CHUMBER, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-72838.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 6, 2006.*

Filed Nov. 15, 2006.

*672Pardeep Singh Grewal, Oakland, CA, for Petitioner.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Thankful T. Vanderstar, Esq., U.S. Department of Justice, Civil Div./Office of Immigration Lit., Christopher C. Wang, Esq., U.S. Department of Justice, Civil Rights Division/Appellate Section, Washington, DC, for Respondent.

Before: LEAVY, McKEOWN, and GOULD, Circuit Judges.

*

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

MEMORANDUM **

Husan Lai Chumber is a native and citizen of India. Chumber petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which adopted and affirmed the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252.

“Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” *See Kataria v. INS,*232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence an adverse credibility determination, *Chebchoub v. INS,*257 F.3d 1038, 1042 (9th Cir.2001), and we grant and remand the petition in part, and deny the petition in part.

Substantial evidence does not support the IJ’s and BIA’s adverse credibility determinations because they were based on minor inconsistencies about dates, testimony that was not implausible, and findings that are not supported by the record. *See Bandari v. INS,*227 F.3d 1160, 1166-68 (9th Cir.2000); *see also Suntharalinkam v. Gonzales,*458 F.3d 1034, 1040-44 (9th Cir. 2006).

Accordingly, we grant the petition with respect to the asylum and withholding of removal claims, and remand to determine whether, deeming Chumber credible, he is eligible for relief. *See INS v. Ventura,*537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

Substantial evidence supports the conclusion that Chumber did not establish that it is more likely than not that he will be tortured if returned to India, and we therefore deny the petition with respect to the CAT claim. *See Malhi v. INS,*336 F.3d 989, 993 (9th Cir.2003).

PETITION FOR REVIEW GRANTED and REMANDED in part; and DENIED in part.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
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 periodic report of Dynacq Healthcare, Inc. (the
Company) on Form 10-K for the year ending August 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Chiu M. Chan, President and Chief Executive 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, 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 result of operations of the Company.



|                         |  |  |  |                                                              
|------------------------ |  |  |  | -------------------------------------------------------------
|Dated: November 13, 2007 |  |  |  | /s/ Chiu M. Chan                                             
|                         |  |  |  | Chiu M. Chan                                                 
|                         |  |  |  | President and Chief Executive Officer Dynacq
Healthcare, Inc.
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 WMS Industries, Inc. (the Company) on Form
10-Q for the period ending March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian R. Gamache, Chief Executive 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:

(1) The Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities and 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/    Brian R. Gamache
|Brian R. Gamache       
|Chief Executive Officer
|April 30, 2009         

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 WMS Industries, Inc. (the Company) on Form 10-Q for the period ending March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Scott D. Schweinfurth, 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:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and 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/    Scott D. Schweinfurth
|Scott D. Schweinfurth       
|Chief Financial Officer     
|April 30, 2009