alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 In The



### Court of Appeals

Ninth District of Texas at Beaumont

________________

NO. 09

- 2 2

- 00 243

- CR



### ________________

ROYCE EDWARD LARKIN , Appellant

V.

THE STATE OF TEXAS , Appellee

________________________________________________________________________

On Appeal from the 1A District Court

Jasper County, Texas

Trial Cause No. 13903JD

________________________________________________________________________

MEMORANDUM OPINION

Appellant Royce Larkin was convicted of murder, a first

- degree felony, and

sentenced to life in the Institutional Division of the Texas Department of Criminal

Justice. See Tex. Penal Code Ann. § 19.02 (b)(1)

. The jury also assessed a fine of

$10,000. We affirm.

Larkin’s appellate counsel filed an Anders brief that presents counsel’s

professional evaluation of the record and concludes the appeal is frivolous; he then2 filed a motion to withdraw as counsel. See Anders v. California , 386 U.S. 738

(1967); High v. State , 573 S.W.2d 807 (Tex. Crim. App. 1978). Larkin was notified

of his right to file a pro se brief, but we received no response from Appellant. We

have reviewed the appellate record, and we agree with counsel’s conclusion that no

arguable issues sup port an appeal. Therefore, we find it unnecessary to order

appointment of new counsel to re

- brief the appeal. Cf. Stafford v. State , 813 S.W.2d

503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment. 1

AFFIRMED

.

________________________________ JAY WRIGHT

Justice

Submitted on July 19, 2023

Opinion Delivered August 9, 2023

Do Not Publish

Before Golemon , C.J., Horton and Wright, JJ.

1 Larkin may challenge our decision in this case by filing a petition for

discretionary review. See Tex. R. App. P. 68.
Exhibit 31.2

CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Gerard A. Wills, Chief Financial Officer of MultiCell Technologies,
Inc. certify that:

1. I have reviewed this annual report on Form 10-KSB of MultiCell Technologies, 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
statements made, in light of the circumstances under which such 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 annual 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 annual report;

4. The Registrants other certifying officer 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 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 annual report is being prepared;

b) 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

c) Disclosed in this annual report any change in the Registrants internal
control over financial reporting that occurred during the Registrants fourth fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Registrants internal control over financial reporting; and

5. The Registrants other certifying officer and 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 3, 2006 |  | By: |  | /s/ Gerard A. Wills Gerard A.
Wills Chief Financial Officer
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Interest of M.A.B. IV v. Department of Family and Protective 

Services

Appellate case number: 01-15-00388-CV

Trial court case number: 2014-00044J

Trial court: 314th District Court of Harris County

On July 22, 2015, we issued an order abating the appeal for the trial court to conduct a 

hearing to determine whether exhibits from the June 30, 2015 hearing were lost or destroyed. 

We also ordered the district clerk to comply with our previous July 17, 2015 order to supplement 

the appellate record with the relevant items requested by appellant and submitted to the district 

clerk on July 13, 2015. 

On July 22, 2015, a supplemental reporter’s and clerk’s record were filed in this Court 

that include the missing exhibits and the items previously requested by appellant. This Court 

believes that the appellate record is now complete. Accordingly, we withdraw our July 22, 2015 

order that abated the appeal, ordered the trial court to hold a hearing, and ordered the district 

clerk to comply with our previous order. Unless this Court receives notice and arguments why 

the record is not complete, the case will remain on the Court’s active docket on July 28, 2015 

and start the briefing deadlines, making Appellant’s brief due on or before August 17, 2015. See 

TEX. R. APP. P. 35.3(c), 38.6.

Judge’s signature: /s/ Rebecca Huddle

 Acting individually  Acting for the Court

Date: July 24, 2015
Exhibit 32.1



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

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the undersigned officer of Cleartronic, Inc. (the Company), does hereby certify, to such officers knowledge, that the Quarterly Report on Form 10-Q for the quarter ended December 31, 2010 of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |    |  |                                                            
|----------------------- |  | -- |  | -----------------------------------------------------------
|                        |  |    |  |                                                            
|Date: February 19, 2013 |  |    |  | /s/ Larry M. Reid                                          
|                        |  | By |  | Larry M. Reid                                              
|                        |  |    |  | Principal Executive Officer and Principal Financial Officer
#### In the Matter of Milton Furtado, Petitioner, v Michael D. Israel et al., Respondents.

[854 NYS2d 434]

The petitioner was employed as a respiratory therapist at the respondent Westchester County Health Care Corporation. He was charged with misconduct pursuant to Civil Service Law §75 after he pleaded guilty to attempted patronization of a prostitute under the age of 14 *(see*Penal Law § 230.05). At a hearing, the respondents presented testimony from the vice-president of patient care, who stated that she questioned the petitioner after she observed a television broadcast indicating that he had been arrested for soliciting a minor, and that the petitioner admitted that he had been arrested. Further, the respondents submitted a copy of plea minutes from a proceeding before the Peekskill City Court, during which the petitioner admitted that he had offered to engage in sexual intercourse and sexual activity with a 13-year-old girl for money. The Hearing Officer sustained the charge and recommended that the *645petitioner be terminated from his employment, noting, inter alia, that his duties could bring him into unsupervised contact with minors. Upon the Hearing Officer’s recommendation, the respondent Michael D. Israel, in his capacity as President and CEO of the Westchester County Health Care Corporation, determined that the petitioner was guilty of misconduct and terminated his employment. The petitioner commenced this proceeding pursuant to CPLR article 78 to challenge that determination. We confirm.

The determination that the petitioner engaged in misconduct is supported by substantial evidence in the record *(see Matter of Telesco v Village of Port Chester,*211 AD2d 723 [1995]; *Matter of Cromwell v Bates,*105 AD2d 699 [1984]). Under the circumstances presented, the penalty of termination was not so disproportionate to the offense committed as to be shocking to one’s sense of fairness *(see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County,*34 NY2d 222 [1974]).

The petitioner’s remaining contentions are without merit. Lifson, J.P., Ritter, Florio and Garni, JJ., concur.
**Exhibit
      32.2**





**CERTIFICATION
      OF THE CHIEF FINANCIAL OFFICER**


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


**AS
      ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the Annual Report on Form 10-K/A for the period ended December
      31, 2004 (the “Report”) of Patient Safety Technologies, Inc. (f/k/a Franklin
      Capital Corporation) **** (the
“Registrant”), as filed with the Securities and Exchange Commission on the date
      hereof, I, William B. Horne, as the Chief Financial Officer of the Registrant,
      pursuant to 18 U.S.C. § 1350, as adopted by Section 906 of the
      Sarbanes-Oxley Act of 2002, hereby certify, to the best of my knowledge,
      that:





(1)
      the
      accompanying Form 10-K/A report for the period ending December 31, 2004 as
      filed
      with the U.S. Securities and Exchange Commission (the “ Report ”)
      fully
      complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange Act of 1934, as amended; and





(2)
      the
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the
      Registrant.


Date: February
              13, 2006
            
            /s/
                William B. HorneWilliam
                B. HorneChief
                Financial Officer





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Patient Safety Technologies, Inc. and will be retained by Patient Safety
      Technologies, Inc. and furnished to the Securities and Exchange Commission
      or
      its staff upon request.
**EXHIBIT
        21**
  S ubsidiaries
        of Criticare Systems, Inc.
 
  The
        subsidiaries of Criticare Systems, Inc. are as follows:




|**Name******                                                  |  | ******Jurisdiction
              of Organization**
|------------------------------------------------------------- |  | --------------------------------------------------
|                                                              |  |                                                   
|Criticare
              Service GmbH                          |  | Germany                                           
|Sleep
              Care, Inc.                                |  | Delaware                                          
|Criticare
              Biomedical, Inc.                      |  | Wisconsin                                         
|CSI
              Trading, Inc.                               |  | Wisconsin                                         
|Criticare
              International GmbH Marketing Services |  | Germany                                           
|Criticare
              Integration, Inc.                     |  | Delaware                                          






All
        subsidiaries are wholly owned, directly or indirectly, by Criticare Systems,
        Inc.
Exhibit 13.1

SECTION 906 CERTIFICATION

Pursuant to
section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) in connection with the Amendment No. 1 to the Annual Report on Form 20-F/A of BHP Billiton Plc and BHP
Billiton Limited, (the Companies) for the annual period ended 30 June 2016 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned officer of the Companies, hereby certifies,
to such officers 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 fairly presents, in all material respects, the financial condition and results of operations of the Companies.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                        
|-------------------- |  | -----------------------
|                    
|/s/ Andrew Mackenzie
|Name:                |  | Andrew Mackenzie       
|Title:               |  | Chief Executive Officer
|Date:                |  | 19 July 2017           

This certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to
the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section.
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 All American Pet Company, Inc. (the “Company”) on Form 10-Q/A for the period ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Barry Schwartz, CEO and 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, 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 results of operations of the Company.








/S/ Barry SchwartzBarry SchwartzCEO andPrincipal Executive OfficerAugust 18, 2010
3408504-1

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

HORIZON BLUE CROSS BLUE 

SHIELD OF NEW JERSEY, 

Plaintiff(s), CIVIL ACTION NO.: 1:10-cv-03197 

v. 

TRANSITIONS RECOVERY 

PROGRAM; JOHN DOES 1-10 and 

ABC CORP. 1-10, 

Defendant(s). 

ORDER GRANTING HORIZON BLUE CROSS BLUE SHILD’S 

MOTION FOR PARTIAL SUMMARY JUDGMENT 

THIS MATTER having come before the Court on the Motion for Partial 

Summary Judgment by Plaintiff Horizon Blue Cross Blue Shield of New Jersey, 

and upon consideration of the papers filed in support of and in opposition thereto, 

the Court finding that there is no genuine issue of material fact and for good cause 

shown; 

IT IS ON THIS ____________ day of ________________, 2015, 

ORDERED that Plaintiff’s Motion for Summary Judgment is GRANTED; 

IT IS FURTHER ORDERED that JUDGMENT in the amount of 

$1,694,286.00 which shall be trebled to $5,082,858.00, is entered in favor of 

Plaintiff Horizon Blue Cross Blue Shield of New Jersey and against Defendant 

Transitions Recovery Program on Plaintiff’s claim for damages and treble 

Case 1:10-cv-03197-RBK-KMW Document 130-5 Filed 05/22/15 Page 1 of 2 PageID: 6585
3408504-1

damages for violations of the New Jersey Insurance Fraud Prevention Act, 

N.J.S.A. 17:33A-1 to -30. 

IT IS FURTHER ORDERED that Defendant shall pay treble damages for 

Plaintiff’s reasonable investigation expenses, costs of suit and attorneys’ fees 

pursuant to N.J.S.A. 17:33A-7. Plaintiff shall submit a certification in support of 

an award of investigation expenses, attorneys’ fees and costs of suit within ten (10) 

days of the date of this Order. Defendant shall submit any opposition to the 

amount of fees and costs submitted by Plaintiff within ten (10) days of services of 

the certification filed by Plaintiff. 

_____________________________ 

Honorable Robert B. Kugler 

United States District Court Judge 

( ) Opposed 

( ) Unopposed 

Case 1:10-cv-03197-RBK-KMW Document 130-5 Filed 05/22/15 Page 2 of 2 PageID: 6586
#### Vardaris Tech, Inc., Respondent, v Paleros Inc., Doing Business as Grand Café, Appellant. (And Another Title.)

[853 NYS2d 601]

The Supreme Court improvidently exercised its discretion in *632granting the plaintiffs motion pursuant to CPLR 6401 for the appointment of a temporary receiver of the business and assets of the defendant corporation. “The appointment of a temporary receiver is an extreme remedy resulting in the taking and withholding of possession of property from a party without an adjudication on the merits” *(Schachner v Sikowitz,*94 AD2d 709, 709 [1983]). Therefore, a motion seeking such appointment “should be granted only where the moving party has made a clear evidentiary showing of the necessity for the conservation of the property at issue and the need to protect the moving party’s interests” *(Lee v 183 Port Richmond Ave. Realty,*303 AD2d 379, 380 [2003]; *see Secured Capital Corp. of N.Y. v Dansker,*263 AD2d 503, 504 [1999]; *DaSilva v DaSilva,*225 AD2d 513 [1996]).

Here, the unsupported allegations and accusations set forth by the plaintiff fell far short of the required “clear evidentiary showing that property of the corporation was in danger of being ‘removed from the state, or lost, materially injured or destroyed’ ” *(Lee v 183 Port Richmond Ave. Realty,*303 AD2d at 380, quoting CPLR 6401 [a]; *see Iannone v Iannone,*31 AD3d 713, 715 [2006]; *Matter of Kristensen v Charleston Sq.,*273 AD2d 312 [2000]; *cf. Friedman v Ragin,*228 AD2d 642 [1996]). Spolzino, J.P., Santucci, Angiolillo and Garni, JJ., concur.
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 All American Pet Company, Inc. (the “Company”) on Form 10-Q for the period ended March 31,
2012, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Barry Schwartz, Chief
Executive Officer and Principal Financial and Accounting 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 results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



| | Date:  October 2, 2012                    
| | ------------------------------------------
| |                                           
| | /S/ Barry Schwartz                        
| | Barry Schwartz                            
| | CEO and                                   
| | Principal Financial and Accounting Officer
Exhibit 32(f)

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





I,



(1)
The Annual Report on Form 10-K of the Company for the year ended December 31, 2003 (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 as of the dates and for the periods expressed in the Report.










|/s/ Carolyn C. ShanksCarolyn C. Shanks
Chairman, President, and Chief Executive Officer
|---------------------------------------------------------------------------------------



Date:	March 9, 2004
---

**EXHIBIT 13.2**

**CERTIFICATION OF**

**CHIEF FINANCIAL OFFICER**

**PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

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

I, Jeffrey R. Mason, Principal Accounting Officer of Quartz
Mountain Resources Ltd. (the Company), hereby 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:

(i) the Annual Report on Form 20-F of
the Company for the fiscal year ended July 31, 2007 (the Annual Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and

(ii) the information contained in the
Annual Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.

|Date:  | January 29, 2008             | 
|------ | ---------------------------- | 
|       |                              | 
|       | /s/ Jeffrey Mason            | 
|By:    | Jeffrey R. Mason             | 
|Title: | Principal Accounting Officer | 

This written statement is being furnished to the Securities
and Exchange Commission as an exhibit to the Companys Annual Report on Form
20-F. A signed original of this statement 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 Annual Report on Form
20-F 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.

---
# table8_q3.1_state