alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Dismiss and Opinion Filed July 15, 2015.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-15-00772-CV

IN RE ANGELA MILITELLO, F/K/A ANGELA LEIGH SIMPSON STARRETT, Relator

Original Proceeding from the 298th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-10-06211

MEMORANDUM OPINION

Before Justices Lang-Miers, Evans, and Whitehill

Opinion by Justice Evans

Relator has advised the Court the trial court has granted the relief requested in the 

petition for writ of mandamus. As a result, the petition is now moot. See In re Kellogg Brown & 

Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (“A case becomes moot if a 

controversy ceases to exist between the parties at any stage of the legal proceedings.”); State Bar 

of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (orig. proceeding) (controversy is justiciable, 

if real controversy exists between parties that will be actually resolved by judicial relief sought). 

We dismiss the petition.

150772F.P05

/David Evans/

DAVID EVANS

JUSTICE
<PAGE>   1

              [SMITH BARNEY FUTURES MANAGEMENT INC. LETTERHEAD]



June 27, 1995

Gill Capital Management
Leconfield House
7th Floor - Curzon St.
London, England W1Y7FB

Attention: Mr. Edwin Gill

Re:  Shearson Lehman Select Advisors Futures Fund, L.P.


Dear Mr. Gill:

          Effective immediately, all assets have been reallocated away from
your trading account 258-14000.  This effectively terminates your management
agreement with the Shearson Lehman Select Advisors Futures Fund L.P.  I will
send you an official termination notice within thirty days.  Please liquidate
all of your positions in an orderly fashion.

          If you have any questions, please call me at (212) 723-5416.

Very truly yours,

SMITH BARNEY FUTURES MANAGEMENT INC.

/s/ Daniel A. Dantuono

Daniel A. Dantuono
Chief Financial Officer and Director
#### The People of the State of New York, Respondent, v Hector Martinez, Appellant.

Submitted January 22, 2013;

decided February 19, 2013

Motion to amend the remittitur denied *[see*20 NY3d 971 (2012)].

Judge Rivera taking no part.
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 accompanying Annual Report of Dreams, Inc. (the
Company) on Form 10-K for the twelve months ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ross Tannenbaum, Principal 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, to the best of my knowledge, 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 fully presents, in all material respects, the financial condition and results of operations of
the Company.



|    |  |                            
|--- |  | ---------------------------
|By: |  | /s/ Ross Tannenbaum        
|    |  | Ross Tannenbaum            
|    |  | Principal Executive Officer
|    |  | March 29, 2010
OFFICIAL BUSINESS | NERY US POSTAGE)» merous
STATE OF TEXAS 83 (32
PENALTY FOR ge 1s ———
: PRIVATE USE ao foe 18" § 000.44
PO. BOX 12308, CAPITOL STATION & in - 0001401623 JUL. 02. 2015,

AUSTIN, TEXAS 78711

_ RE: WR-83,294-02

DANIEL ROBERT LOCK
CORNELL CORRECTIONS CENTER - TDC # 811059
@ 1511 PRESTON RD
4 . a -_ HOUSTON, TX 77002

SS

UTE
#### In the Matter of Orenzo H., a Person Alleged to be a Juvenile Delinquent, Appellant.

[822 NYS2d 532]

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about October 19, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he commit*493ted acts which, if committed by an adult, would constitute the crimes of assault in the third degree and menacing in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

Appellant failed to preserve his challenges to the sufficiency of the evidence, and we decline to review them in the interest of justice. Were we to review these claims, we would conclude that the court’s finding was based on legally sufficient evidence. We find that the court’s finding was not against the weight of the evidence *(see People v Bleakley,*69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning credibility and identification. The victim’s testimony fully established the element of physical injury *(see People v Guidice,*83 NY2d 630, 636 [1994]; *People v Dailey,*222 AD2d 278 [1995], *lv denied*87 NY2d 971 [1996]). Appellant’s actions in chasing the victim, causing him to fear an attack, evinced the requisite intent for menacing in the third degree *(see Matter of Salah S.,*203 AD2d 368 [1994]). Concur—Buckley, EJ., Tom, Saxe, Sullivan and McGuire, JJ.
@article{1206976,
  author = {Michael Schneider and Emily Toomey and Graham Rowlands and Jeff Shainline and Paul Tschirhart and Ken Segall},
  title = {SuperMind: A survey of the potential of superconducting electronics for neuromorphic computing},
  year = {2022},
  number = {35},
  month = {2022-03-30 04:03:00},
  publisher = {Superconductor Science and Technology},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=932644},
  doi = {https://doi.org/10.1088/1361-6668/ac4cd2},
  language = {en},
}
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RIVER MASCARI,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 16

- 00279

- CR

Appeal from

210th District Court

of El Paso Co unty, Texas

(TC # 20120D06121 )

MEMORANDUM OPINION

River Mascari attempts to appeal the judgment adjudicating his guilt of burglary of a

building

. A ppellant waived his right to a jury and entered a negotiated guilty plea

. The trial

court followed the plea bargain and placed Appellant on deferred adjudication community

supervision for five years. Th e State later filed a motion to adjudicate alleging that Appellant

had violated terms and conditions of community supervision. Appellant entered a negotiated

plea of true and the trial court assessed punishment in accordance with the plea agreement at

con finement for a term of eighteen months. We dismiss the appeal because the trial court’s

certification reflects that Appellant does not have a right to appeal.

An appeal must be dismissed unless a trial court ’ s certification showing that the

defendant has the right of appeal has been made part of the record. T EX .R.A PP .P. 25.2(d). The

trial court’s certification states that the case “ is a plea

- bargain case, and the defendant has NO- 2

-

right of appeal

. ” W e notified A ppellant ’s counsel that the trial court ’ s certification showed that

Appellant waived his right of appeal and asked him to file a response. Counsel filed a response

stating that Appellant does not have the right of appeal . We have revie wed the record and find

that the record supports the trial court’s certification that Appellant does not have a right of

appeal. Consequently, we are required to dismiss this appeal. See T EX .R.A PP

. P. 25.2(d); Chavez

v. State , 183 S.W.3d 675, 680 (Tex.Crim.App. 2006). The appeal is dismissed.

January 25, 2017

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rodriguez, and Palafox, JJ.

(Do Not Publish)
<PAGE>   1
                                                                      EXHIBIT 23




                              Accountants' Consent



The Board of Directors
Transpirator Technologies, Inc.
New Brunswick, New Jersey:

We consent to the use of our report dated June 28, 1998 relating to the balance
sheets as of March 31, 1998 and 1997 and the related statements of operations,
stockholders' equity and cash flows for each of the years in the three-year
period ended March 31, 1998 of Transpirator Technologies, Inc., in the Annual
Report for 1998 on Form 10-K of Transpirator Technologies, Inc.




HACKER, JOHNSON, COHEN & GRIEB PA
Tampa, Florida
July 10, 1998
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER  PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF  THE SARBANES-OXLEY ACT OF 2002

I, Kent J. Van Houten certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the report of Entech Solar, Inc. (formerly WorldWater & Solar Technologies Corp.) on Form 10-K for the annual period ended
December 31, 2008 fully complies with the requirements of Section 13(a) and 15(d) of the Securities and Exchange Act of 1934 and that information contained in such Annual Report on
Form 10-K fairly presents in all material respects the financial condition and results of operation of Entech Solar, Inc. (formerly WorldWater & Solar Technologies
Corp.)

By:

/s/ KENT J. VAN HOUTENName:

Kent J. Van HoutenTitle:

Principal Financial Officer


Dated:
March 16, 2009

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 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 on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required
by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such certification will not be deemed to be
incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.

---



QuickLinks
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

KEVIN J. DEVEREAUX,

 Defendant - Appellant.

No. 14-30112

D.C. No. 4:13-cr-00113-BMM-1

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Brian M. Morris, District Judge, Presiding

Submitted July 9, 2015** 

Portland, Oregon

Before: PREGERSON, N.R. SMITH, and OWENS, Circuit Judges.

Kevin Devereaux appeals his jury conviction for aggravated sexual abuse,

assault resulting in serious bodily injury, and burglary. We have jurisdiction under 

FILED

JUL 13 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

1 14-30112
28 U.S.C. § 1291, and we affirm.

Devereaux contends that the district court erred by posing a series of nonsubstantive questions to a child witness at the beginning of her testimony before

the jury. Devereaux argues that the court’s questions amounted to a competency

examination, which may only be conducted outside the jury’s presence, 18 U.S.C.

§ 3509(c)(6). However, no competency examination took place. A child witness

“is presumed to be competent,” id. § 3509(c)(2), “[a] competency examination

regarding a child witness may be conducted by the court only upon written motion

and offer of proof of incompetency,” id. § 3509(c)(3), and “[a] competency

examination regarding a child may be conducted only if the court determines, on

the record, that compelling reasons exist,” id. § 3509(c)(4). None of those criteria

were met.

The fact that the district court’s questions could have been asked during a

competency examination does not render them improper. The court was well

within its authority to pose the same questions as part of a non-standard oath or

affirmation, Fed. R. Evid. 603, and, as always, had broad authority to “examine a

witness” Fed. R. Evid. 614(b), as it did here. Kentucky v. Stincer, 482 U.S. 730

(1987), the principal authority upon which Devereaux relies, cuts firmly against his

position because, in that case, the Court expressly approved of the fact that

2 14-30112
competency-related questions could have been, and were, repeated in open court

before the jury. See id. at 733-34, 740.

Furthermore, even if the district court erred, and assuming that any error

would have required exclusion of the child witness’s testimony, we would still

affirm. The child witness’s testimony had no bearing whatsoever on Devereaux’s

conviction for aggravated sexual abuse, and Devereaux’s assault and burglary

convictions were supported by other substantial evidence, including the victim’s

testimony, the victim’s daughter’s testimony, and the testimony of emergency

room professionals who treated the victim. As a result, any alleged error was

harmless. See Arnold v. Runnels, 421 F.3d 859, 867 (9th Cir. 2005). 

AFFIRMED.

3 14-30112
Order entered July 16, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00167-CR

MELVIN PIERRE JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court

Collin County, Texas

Trial Court Cause No. 199-80626-2014

ORDER

The Court GRANTS court reporter Indu Bailey’s July 15, 2015 request for an extension 

of time to file the reporter’s record. We ORDER Ms. Bailey to file the reporter’s record within 

thirty days of the date of this order. 

/s/ ADA BROWN 

JUSTICE
#### In the Matter of James WW., a Child Alleged to be Permanently Neglected. Rensselaer County Department of Social Services, Respondent; Tara XX., Appellant. (And Another Related Proceeding.)

Submitted January 28, 2013;

decided February 19, 2013

Motion for leave to appeal denied. Motion for a stay dismissed as academic.
[Cite as Aggressive Mechanical, Inc. v. Ohio School Facilities Comm., 2012-Ohio-6333.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

AGGRESSIVE MECHANICAL, INC. 

 Plaintiff 

 v. 

OHIO SCHOOL FACILITIES COMMISSION 

 Defendant 

Case No. 2010-12745 

Judge Joseph T. Clark 

Magistrate Holly True Shaver 

JUDGMENT ENTRY

{¶ 1} On September 18, 2012, the magistrate issued a decision recommending 

judgment for plaintiff. 

{¶ 2} Civ.R. 53(D)(3)(b)(i) states, in part: “A party may file written objections to a 

magistrate’s decision within fourteen days of the filing of the decision, whether or not the 

court has adopted the decision during that fourteen-day period as permitted by Civ.R. 

53(D)(4)(e)(i).” 

{¶ 3} Civ.R. 53(D)(4)(e)(i) provides: “The court may enter a judgment either 

during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of objections to a 

magistrate’s decision or after the fourteen days have expired. If the court enters a 

judgment during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of 

objections, the timely filing of objections to the magistrate’s decision shall operate as an 

automatic stay of execution of the judgment until the court disposes of those objections 

and vacates, modifies, or adheres to the judgment previously entered.” 
Case No. 2010-12745 - 2 - JUDGMENT ENTRY

{¶ 4} The court determines that there is no error of law or other defect evident on 

the face of the magistrate’s decision. Therefore, the court adopts the magistrate’s 

decision and recommendation as its own, including findings of fact and conclusions of 

law contained therein. Judgment is rendered in favor of plaintiff. 

 _____________________________________ 

 JOSEPH T. CLARK 

 Judge 

cc: 

 

David A. Beals 

Jon C. Walden 

Assistant Attorneys General 

150 East Gay Street, 18th Floor 

Columbus, Ohio 43215-3130 

Douglas M. Beard 

Michael F. Copley 

1015 Cole Road 

Galloway, Ohio 43119 

002

Filed September 18, 2012 

To S.C. Reporter January 28, 2013
**CERTIFICATION      OF CHIEF EXECUTIVE      OFFICER**

**AND      PRINCIPAL FINANCIAL OFFICER**

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

|   | 1. | Such                Quarterly Report on Form 10-QSB for the period ending June 30,                2007, 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 such Quarterly Report on Form 10-QSB for                the period ending June 30, 2007, fairly presents, in all                material respects, the financial condition and results of operations                of                United Nations Securities Associations,                Inc. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| */s/              Lord Dr.              Masaaki Ikawa*                                                                                |   |   |  |
|---------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--|
| Lord                    Dr. Masaaki IkawaChief                    Executive Officer andPrincipal                    Financial Officer |   |   |  |

----
[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Page 4461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1485]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-60,612]


Riley Creek Lumber Company, Moyie Springs Mill, Currently Known 
as Idaho Forest Group, LLC Including On-Site Leased Workers From 
Industrial Personnel Moyie Springs, ID; Amended Certification Regarding 
Eligibility To Apply for Worker Adjustment Assistance and Alternative 
Trade Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as 
amended, the Department of Labor issued a Certification Regarding 
Eligibility to Apply for Worker Adjustment Assistance and Alternative 
Trade Adjustment Assistance on January 26, 2007, applicable to workers 
of Riley Creek Lumber Company, Moyie Springs Mill, including on-site 
leased workers from Industrial Personnel, Moyie Springs, Idaho. The 
notice was published in the Federal Register on February 14, 2007 (72 
FR 7087).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. The workers are engaged 
in the production of stud lumber.
    The company reports that after an October 2008 merger, Riley Creek 
Lumber Company, Moyie Springs Mill is currently known as Idaho Forest 
Group.
    Accordingly, the certification is being amended to include workers 
of the subject firm whose UI wages are reported under the successor 
firm, Idaho Forest Group, LLC, Moyie Springs, Idaho.
    The amended notice applicable to TA-W-60,612 is hereby issued as 
follows:

    All workers of Riley Creek Lumber, Moyie Springs Mill, currently 
known as Idaho Forest Group, LLC, including on-site leased workers 
from Industrial Personnel, Moyie Springs, Idaho, who became totally 
or partially separated from employment on or after December 13, 
2005, through January 26, 2009, are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, and are also 
eligible to apply for alternative trade adjustment assistance under 
Section 246 of the Trade Act of 1974.

    Signed at Washington, DC this 12th day of January 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-1485 Filed 1-23-09; 8:45 am]
BILLING CODE 4510-FN-P
#### Maria Auqui, as Guardian of the Property of Jose Verdugo, et al., Respondents, v Seven Thirty One Limited Partnership et al., Appellants.

Submitted April 1, 2013;

decided June 27, 2013

Motion by New York Communities for Change for leave to appear amicus curiae on the motions for reargument herein granted and the affirmation and brief are accepted as filed *[see*20 NY3d 1035 (2013)].

Judges Rivera and Abdus-Salaam taking no part.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JOHN MARIO GONZALEZ ARTEAGA,

Appellant,

v.

DORIS EDY BEDOYA ALZATE,

Appellee.

No. 4D21-2259

[January 5, 2022]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Fabienne E. Fahnestock, Judge; L.T. Case No. 

FMCE19009654(35)(90).

Jonathan Mann and Robin Bresky of Bresky Law, Boca Raton, for 

appellant.

Meaghan K. Marro of Marro Law, P.A., Plantation, for appellee.

PER CURIAM.

Affirmed. See Esaw v. Esaw, 965 So. 2d 1261, 1264 (Fla. 2d DCA 2007) 

(“The most salient impediment to meaningful review of the trial court’s 

decision is not the absence of findings, but the absence of a transcript.”).

MAY, GERBER and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit
      32


Section
      1350 Certifications





**STATEMENT
      FURNISHED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





The
      undersigned is the Interim Principle Executive Officer of Imperiali
      Inc.  This Certification is made pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002. This Certification accompanies the Quarterly Report
      on Form 10-Q of Imperiali Inc for the quarter ended May 31, 2007.





The
      undersigned certifies that such 10-Q Report fully complies with the requirements
      of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the
      information contained in such 10-Q Report fairly presents, in all material
      respects, the financial condition and results of operations of Imperiali Inc
      as
      of May 31, 2007.





This
      Certification is executed as of September 19, 2008.




/s
            /
                Daniel ImperatoDaniel
                Imperato-Interim CEO(Principal
                Executive Officer)





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      us, and will be retained by Imperiali Inc and furnished to the Securities and
      Exchange Commission or its staff upon request.