text:
    No. 02-5654.
    Clark v. E. I. du Pont de Nemours & Co. et al.
   Sup. Ct. Del. Certiorari denied.

Justice O’Connor took no part in the consideration or decision of this petition.


source: Caselaw Access Project

license: Public Domain

text:
    No. 01-1479.
    General Motors Corp. v. Goodwin.
   C. A. 10th Cir. Motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 01-1521.
    No. 01-1708.
    Islamic Republic of Iran v. McKesson HBOC, Inc., et al.; and McKesson HBOC, Inc., et al. v. Islamic Republic of Iran.
   C. A. D. C. Cir. Motion of Islamic Republic of Iran for leave to file confidential documents under seal granted. Certiorari denied. Reported below: 271 F. 3d 1101.


text:
    No. 01-1601.
    Woodford, Warden v. Morris.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 01-1629.
    Maryland v. Conyers.
   Ct. App. Md. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 01-1755.
    Lambert, Superintendent, Washington State Penitentiary v. Benn.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 01-1774.
    Maryland v. Drury.
   Ct. App. Md. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 01-1779.
    Woodford, Warden v. Wai Silva.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 02-144.
    Massachusetts v. Seng.
   Sup. Jud. Ct. Mass. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 01-1607.
    Dico, Inc. v. United States et al.
   C. A. 8th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 01-1790.
    United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local 38 v. Huber, Hunt & Nichols, Inc.
   C. A. 9th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 01-1851.
    Garst et al. v. Wal-Mart Stores, Inc., et al.
   C. A. 6th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 01-10435.
    Remmert v. Bresee.
   C. A. 9th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-61.
    Jiangsu Sopo Corp. (Group) Ltd. v. BP Chemicals Ltd.
   C. A. 8th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-93.
    Zaman et al. v. Atlantic Richfield Co. et al.
   C. A. 9th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-5025.
    Gutierrez v. Fairman, Warden, et al.
   C. A. 9th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-5248.
    Cartwright v. Upjohn Co. et al.
   C. A. 11th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-5321.
    Cuyler v. Wal-Mart Stores, Inc.
   C. A. 11th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-5576.
    Hutchison v. Petroleum Helicopters, Inc., et al.
   C. A. 5th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 01-1648.
    Glover et ux. v. Standard Federal Bank et al.
   C. A. 8th Cir. Motion of petitioners to defer consideration of petition for writ of certiorari denied. Certiorari denied.


text:
    No. 01-1666.
    Dubin et al. v. Bank of Hawaii et al.
   C. A. 9th Cir. Motion of petitioners to consolidate case with No. 02-317, Dubin et al. v. Bank of Hawaii et al., denied. Certiorari denied.


text:
    No. 01-1685.
    Chavez v. Universal Maritime Service Corp. et al.
   C. A. 3d Cir. Certiorari denied.

Justice Scalia took no part in the consideration or decision of this petition.


text:
    No. 01-1727.
    No. 02-18.
    New Jersey et al. v. A. A. et al.; and A. A. et al. v. New Jersey et al.
   C. A. 3d Cir. Certiorari before judgment denied.


text:
    No. 01-1798.
    Blough v. United States et al.
   C. A. 11th Cir. Certiorari before judgment denied.


text:
    No. 01-10068.
    Fowlkes v. Angelone, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Motion of Innocence Project of the National Capital Region et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 02-19.
    Schomig, Warden, et al. v. Bracy et al.
   C. A. 7th Cir. Motion of respondent William Bracy for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 02-27.
    Allina Health System Corp. et al. v. United States ex rel. Minnesota Association of Nurse Anesthetists.
   C. A. 8th Cir. Motion of American Hospital Association et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 02-58.
    Eastern Pilots Merger Committee v. Continental Airlines, Inc.
   C. A. 3d Cir. Motion of Allied Pilots Association for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 02-111.
    Unidentified Private Citizen v. McClatchy Newspapers, Inc., dba The Sacramento Bee, et al.
   C. A. 9th Cir. Motion of petitioner to appear as “Unidentified Private Citizen” and for counsel to appear as “Attorney Doe” granted. Certiorari denied.


text:
    No. 02-132.
    Mobil Corp. et al. v. Adkins et al.
   Sup. Ct. App. W. Va. Motions of Chamber of Commerce of the United States et al., Coalition for Asbestos Justice, Inc., Association of American Railroads, 3M Co., and Unofficial Committee of Select Asbestos Claimants for leave to file briefs as amici curiae granted. Certiorari denied.


text:
    No. 02-179.
    Michals v. Baxter Healthcare Corp. et al.
   C. A. 6th Cir. Certiorari denied.

Justice O’Connor and Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-5510.
    King v. Childs.
   Ct. Sp. App. Md. Motion of Carolyn Dingwall and Delphine Jones for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 00-9849.
    No. 01-1513.
    No. 01-6880.
    No. 01-8747.
    No. 01-8836.
    No. 01-8934.
    No. 01-9336.
    No. 01-9557.
    No. 01-9674.
    No. 01-9693.
    No. 01-9763.
    No. 01-9866.
    No. 01-9869.
    No. 01-10132.
    Melvin v. Kelly Springfield Tire Corp., Krueger v. Principi, Secretary of Veterans Affairs, Hinkle v. Countz et al., Bejarano v. Small, Warden, et al., Smith v. Angelone, Director, Virginia Department of Corrections, Arrendondo Ibarra v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division, Red Paint, aka Clifford v. North Dakota, Battle v. Roe, Warden, Rowsey v. Eslinger et al., Godek v. Grayson, Warden, Naturalite v. Ciarlo et al., Turner v. Parker, Reeves v. St. Mary’s County, Maryland, Newsome v. Phelps Memorial Hospital Center et al.,
   534 U. S. 835;

535 U. S. 1113;

534 U. S. 1088;

535 U. S. 1059;

535 U. S. 1024;

535 U. S. 1063;

535 U. S. 1115;

536 U. S. 910;

536 U. S. 928;

536 U. S. 929;

536 U. S. 943;

536 U. S. 965;

536 U. S. 965; and

536 U. S. 967. Petitions for rehearing denied.


text:
    No. 01-6737.
    No. 01-9764.
    Thomas v. McGinnis, Warden, Miles v. Department of Veterans Affairs,
   534 U. S. 1068; and

535 U. S. 1105. Motions for leave to file petitions for rehearing denied.


text:
    October 15, 2002
    No. 02-5795.
    Rasten v. Norfolk County, Massachusetts.
   C. A. 1st Cir. Motion of petitioner for leave to proceed in forma pauperis denied, and certiorari dismissed. See this Court’s Rule 39.8.


text:
    No. 02-5889.
    Eury v. Bell et al.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis denied, and certiorari dismissed. See this Court's Rule 39.8.


text:
    No. 02A280 (02-523).
    Henderson et al. v. Stalder, Secretary, Department of Public Safety and Corrections of Louisiana, et al.
   C. A. 5th Cir. Application for stay, addressed to Justice Stevens and referred to the Court, denied.


text:
    No. D-2333.
    In re Disbarment of Weinstock.
   Disbarment entered. [For earlier order herein, see 536 U. S. 975.]


text:
    No. 02M22.
    Melvin v. United Steelworkers of America, Local 959, et al.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. 02-39.
    Micrel, Inc. v. Linear Technology Corp.
   C. A. Fed. Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 02-6308.
    No. 02-6470.
    No. 02-6473.
    No. 02-6474.
    No. 02-6530.
    In re Wojnicz; In re Turner; In re Lark; In re Lewis; and In re Dukes.
   Petitions for writs of habeas corpus denied.


text:
    No. 02-5719.
    In re Fink.
   Petition for writ of mandamus denied.


text:
    No. 02-5627.
    In re Cummings.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 02-42.
    Franchise Tax Board of California v. Hyatt et al.
   Sup. Ct. Nev. Certiorari granted.


text:
    No. 02-215.
    PacifiCare Health Systems, Inc., et al. v. Book et al.
   C. A. 11th Cir. Certiorari granted.


text:
    No. 01-1588.
    Brosius v. Warden, United States Penitentiary, Lewisburg, Pennsylvania.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 01-1687.
    Griffin v. Department of Veterans Affairs et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 01-1695.
    Hsia, aka Ling v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 01-1782.
    Griffin v. Secretary of Veterans Affairs.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 01-10238.
    Lafayette v. Roe, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 01-10522.
    Watson v. Clarke, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 01-10649.
    Jasin v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 01-10665.
    Daniels v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 01-10672.
    Escobedo v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 02-12.
    Langdon v. Swain et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-50.
    Kehoe et al. v. Cruickshank.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 02-54.
    Coltec Industries, Inc. v. Hobgood et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-66.
    City of Federal Heights v. Essence, Inc., dba The Bare Essence, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-73.
    Student Loan Fund of Idaho, Inc. v. Department of Education et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-156.
    Hoang v. Ummel et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-160.
    Boyd et al. v. Bruce et al.
   Ct. App. Tenn. Certiorari denied.


text:
    No. 02-162.
    Clark et al. v. Stovall, Attorney General of Kansas, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-172.
    Beth B. et al. v. Van Clay, Superintendent, Lake Bluff School District #65, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-174.
    Sullins v. Lee et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-180.
    Melendrez v. Loza et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-181.
    Roberts v. Los Angeles City Fire Department et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-187.
    Jakes, Ltd., et al. v. City of Coates.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-188.
    Ada County et al. v. Webb et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-190.
    Texas v. Watkins.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 02-195.
    DeJulio et al. v. Georgia et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-198.
    Dembinski v. Vought Aircraft Industries, Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-199.
    Lake et al. v. Bank One, N. A.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-201.
    Moore v. Potter, Postmaster General, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-203.
    Sommer v. UNUM Life Insurance Company of America.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-204.
    Pozo v. McCaughtry et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-205.
    Davis v. Bowron et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-207.
    Consolidated Edison Company of New York, Inc., et al. v. Chevron U. S. A. Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 02-210.
    Godwin v. Martin.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 02-213.
    Hower v. PacifiCare of California et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-216.
    Sallee et ux. v. Fort Knox National Bank, N. A., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-219.
    Netland v. Hess & Clark, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-226.
    Lal v. Borough of Kennett Square.
   Commw. Ct. Pa. Certiorari denied.


text:
    No. 02-230.
    Wiley v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 02-244.
    Schneider v. County of San Diego et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-245.
    Breen v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 02-248.
    White et al. v. Priest, Secretary of State of Arkansas, et al.
   Sup. Ct. Ark.. Certiorari denied.


text:
    No. 02-276.
    Fran W. et vir v. Terry W.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 02-286.
    Vickroy v. Schaufler.
   Ct. App. Ark. Certiorari denied.


text:
    No. 02-288.
    Pennington, Individually, and in His Official Capacity as Elliott County Judge Executive, et al. v. Helwig et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-309.
    Travis County Landfill Co., L. L. C. v. City of Austin.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 02-313.
    Hugh Symons Group, plc v. Motorola, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-344.
    Warmbrun v. Samson, Attorney General of New Jersey.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-351.
    Rutherford et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-352.
    Smith et ux. v. Washington Metropolitan Area Transit Authority.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-354.
    Cole v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-357.
    Fitzgerald et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-372.
    Harris v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-378.
    Riley, as Trustee of, and Participant in, the Performance Toyota, Inc. 401(k) Profit Sharing Plan, et al. v. Merrill Lynch, Pierce, Fenner & Smith Inc. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-394.
    Campbell v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 02-401.
    Hongying Liu-Lengyel v. New England Machinery, Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5091.
    Baragosh v. Commodity Futures Trading Commission.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-5158.
    Bowie v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 02-5172.
    Maxwell v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 02-5214.
    Broxton v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5274.
    Moloney, aka Maloney aka Monroe v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5345.
    Evans v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 02-5460.
    Easterwood v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 02-5588.
    Joseph v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5589.
    Kitchen v. Stiff, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5601.
    Shaw v. Parker, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-5603.
    Sosa v. McKee et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5604.
    Ward v. Angelone, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-5611.
    Pugh v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 02-5612.
    Smith v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 02-5615.
    Scoon v. Goord, Commissioner, New York Department of Correctional Services.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5618.
    Fuller v. Welton.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5620.
    Ivy v. Herbert, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5622.
    Forsythe v. Walters, Superintendent, State Regional Correctional Facility at Mercer.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5623.
    Fatir v. Thomas et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5624.
    Harris v. Davis, Superintendent, Indiana State Prison.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5626.
    Cuesta v. Wates et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5629.
    Drayton v. Martin et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-5634.
    Pender v. Union County et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5635.
    Rust v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 02-5637.
    Robinson v. Georgia.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5638.
    Rivers v. Patoka.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 02-5639.
    Stults v. Hanks, Superintendent, Wabash Valley Correctional Facility.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5640.
    Ivey v. Maynard, Director, South Carolina Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-5641.
    Glebocki v. City of Chicago, Illinois, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5645.
    Taylor v. Taylor.
   Ct. App. Tex., 10th Dist. Certiorari denied.


text:
    No. 02-5646.
    Wright v. Kemna, Superintendent, Crossroads Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-5649.
    McCartney v. Cain, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5650.
    Riddle v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5657.
    Velasquez v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 02-5661.
    Walker v. Spiller et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5669.
    Lambert v. Stegall, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-5670.
    Jameson v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 02-5673.
    Renfro v. Scott, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-5676.
    Bonds v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 02-5679.
    Johnson v. Luebbers, Superintendent, Potosi Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-5685.
    Pullum v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 02-5686.
    Green v. Union Foundry Co.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5689.
    El-Mosalamy v. Loma Linda University Medical Center; and El-Mosalamy v. San Joaquin General Hospital.
   C. A. 9th Cir. Certiorari denied. Reported below: 32 Fed. Appx. 476 (second judgment) and 480 (first judgment).


text:
    No. 02-5694.
    Wallace v. Kemna, Superintendent, Crossroads Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-5695.
    Williams v. Andrews, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5697.
    Millay v. Maine.
   Sup. Jud. Ct. Me. Certiorari denied.


text:
    No. 02-5699.
    Torres v. Armstrong.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5703.
    Johnson v. Cain, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5704.
    Allison v. Barrett, Sheriff, Fulton County, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5705.
    Galarza-Soto v. Rice, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5707.
    Harris v. Grubman et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5710.
    Hoffman v. Blaine, Superintendent, State Correctional Institution at Greene, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5711.
    Ford v. Attorney General of Arizona et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5713.
    Weaver v. Luebbers, Superintendent, Potosi Correctional Center, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-5716.
    Pilarski v. Davis.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5718.
    Delgado v. Puerto Rican Family Institute.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5726.
    Tjart v. Smith Barney, Inc., et al.
   Ct. App. Wash. Certiorari denied.


text:
    No. 02-5727.
    Smith v. Miro et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-5729.
    Skinner v. Norris, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-5732.
    Brown v. Battles, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5737.
    Burroughs v. Giurbino, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5740.
    Williams v. Duncan, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5756.
    Winke v. Iowa District Court for Lee County et al.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 02-5757.
    Winke v. Iowa District Court for Lee County et al.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 02-5760.
    Burns v. Florida et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5762.
    Mitchell v. Carey, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5765.
    Lee v. North Carolina.
   Ct. App. N. C. Certiorari denied.


text:
    No. 02-5769.
    Long v. Kentucky et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-5772.
    Dixon v. Keane, Superintendent, Woodbourne Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5775.
    Rameloric v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 02-5786.
    Russell v. Mississippi Department of Corrections.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 02-5788.
    Stone v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 02-5790.
    Netherly v. Galaza, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5791.
    Abrass v. White.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5792.
    Alfonso Salazar v. Ashcroft, Attorney General.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5793.
    Bright v. Martin et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-5794.
    Stevenson v. St. Luke’s Hospital et al.
   Sup. Ct. Idaho. Certiorari denied.


text:
    No. 02-5797.
    Abbondanzo v. Health Management Systems, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5799.
    Pecoraro v. Walls, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5801.
    Mooney v. Moore, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5808.
    Wilson v. North Carolina.
   Ct. App. N. C. Certiorari denied.


text:
    No. 02-5809.
    Garrett v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5810.
    Gundy v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 02-5813.
    Greene v. Head, Warden.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 02-5819.
    Gaston v. Taylor, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5824.
    Michael v. Arizona.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 02-5825.
    Bay v. Cain, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5831.
    Smith v. Wells et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5832.
    Roberson v. Richards et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5834.
    Smith v. Las Vegas Metropolitan Police Department et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5835.
    Rankin v. Snyder, Director, Illinois Department of Corrections, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5837.
    Morrison v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 02-5838.
    Moore v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 02-5843.
    Jimenez v. Beard, Secretary, Pennsylvania Department of Corrections, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5846.
    Barstad v. Lambert.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5848.
    Sanphillippo v. Moore, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5849.
    Atwell v. Duran et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5850.
    Carbin v. Moore, Attorney General of Mississippi.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5853.
    Ford v. Page, Warden, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5854.
    Hensley v. Moore, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5856.
    Galvan v. Texas.
   Ct. App. Tex., 4th Dist. Certiorari denied.


text:
    No. 02-5866.
    Verrett v. Cain, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5867.
    Thomas v. Utah.
   Ct. App. Utah. Certiorari denied.


text:
    No. 02-5868.
    Ward v. Moore, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5869.
    Widmer v. Moore, Secretary, Florida Department of Corrections.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 02-5870.
    Williams-Bey v. Ashcroft, Attorney General, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5871.
    Walkup v. Erie Insurance Property & Casualty Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-5872.
    Thompson v. District of Columbia et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 02-5873.
    Thompson v. Marchand et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5874.
    Tucker v. Moore, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5875.
    Wiideman v. Eighth Judicial District Court of Nevada, Clark County, et al.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 02-5876.
    Wiideman v. Neidert.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5879.
    Nooner v. Dickey et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-5880.
    Whitt v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 02-5884.
    Taylor v. Roe, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5890.
    Beckwith v. Communications Workers of America.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5891.
    Alvaro Prieto v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5894.
    Edmond v. Anderson et al.
   Ct. App. Miss. Certiorari denied.


text:
    No. 02-5910.
    Sims v. Hickman, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5925.
    Booth-El v. Nuth, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-5929.
    Pabst v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 02-5939.
    Zharn v. Barnhart, Commissioner of Social Security.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-5946.
    Smith v. Varner, Superintendent, State Correctional Institution at Smithfield.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5949.
    Rogers v. Beck, Superintendent, North Carolina Department of Correction.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-5950.
    Watson v. Luckett et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-5963.
    Johns v. Kyler, Superintendent, Huntingdon Correctional Institution.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5971.
    Travis v. Meyers, Superintendent, State Correctional Institution at Rockview, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5978.
    Murphy v. Galaza, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5979.
    Millines v. Ajibade, Medical Director, Men’s State Prison.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5987.
    Graves v. Roe, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5991.
    Halpin v. Moore, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5999.
    Peoples v. Missouri.
   Ct. App. Mo., Western Dist. Certiorari denied.


text:
    No. 02-6000.
    Pina v. Alameida, Director, California Department of Corrections.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6002.
    Roysden v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6019.
    Smith v. Morgan, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6023.
    Luck v. Angelone, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6025.
    Brunner v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 02-6031.
    King v. First American Investigations, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6038.
    Weslin v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6042.
    Azeez v. Kirby, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6053.
    Nelloms, aka Nellons v. Texas.
   Ct. App. Tex., 2d Dist. Certiorari denied.


text:
    No. 02-6055.
    Jones v. Head, Warden, et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 02-6056.
    King v. Florida.
   Dist. Ct. App. Fla., 5th Dist. Certiorari denied.


text:
    No. 02-6087.
    Vapne v. Barnhart, Commissioner of Social Security.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6092.
    Thomas v. Alameida, Director, California Department of Corrections.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6095.
    Williams v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 02-6098.
    Knight v. York, Superintendent, Albemarle Correctional Institution.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6105.
    Brown v. United States District Court for the Western District of Louisiana.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6106.
    Schwenger v. New Jersey.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6115.
    Cantrell v. Ashcroft, Attorney General.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 02-6124.
    Conteh v. Kandarian.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 02-6125.
    Mora v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6132.
    Bennafield v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6142.
    Reyes-Rodriguez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6144.
    Johnson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6146.
    Long v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6147.
    DeVaughn v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6148.
    Cochran v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6150.
    No. 02-6183.
    Pickard v. United States; and Bates v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 46 Fed. Appx. 104.


text:
    No. 02-6156.
    Albright v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 02-6157.
    Beaton-Paez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6158.
    Brown v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6160.
    Epps v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6161.
    Enriquez v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6164.
    Hernandez-Salgado, aka Salgado, aka Hernandez v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6165.
    Gabrio v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6166.
    Gervais v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 02-6167.
    Hager v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6168.
    Graham v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6169.
    Hart v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6172.
    O’Donnell v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6174.
    Mariani v. Kelly, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6175.
    Lancaster v. Monette et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6176.
    Juste v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6178.
    Nunez-Martinez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6179.
    Patel v. Morris, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6181.
    Robinson et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-6185.
    Barba-Martinez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6197.
    Velasquez v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 02-6198.
    Doganiere v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6200.
    Broadnax v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6203.
    Roberts v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6211.
    Moore v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6212.
    Johnson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6214.
    Cristobal v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6219.
    Scheetz v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6222.
    Logan v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6224.
    Tanaka v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6227.
    Colon-Rivera v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 02-6231.
    Santana-Mendoza v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 02-6232.
    Boyd v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6233.
    Losey v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6242.
    Hairston v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6244.
    Harmon v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6246.
    Stokes v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6253.
    Padilla v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6256.
    Varela v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6257.
    Zepeda-Armenta v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6259.
    Estrada-Rendon v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6260.
    Davis v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6261.
    Evans v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6263.
    Jones v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6266.
    Malagon-Garcia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6268.
    McCormick v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6270.
    Quinones v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6271.
    Subhan v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6272.
    Sykes v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6275.
    Brooks, aka Mendoza, aka Martin v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6276.
    Aleman-Alvarez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6278.
    Blount v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6279.
    Ramirez-Flores v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6280.
    Acevedo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6282.
    Verduzco-Higuera v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6283.
    Vong v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6286.
    Rossi v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6291.
    Reeves v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6292.
    Van Dam v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6306.
    King v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6307.
    Jones v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6319.
    Floyd v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6324.
    Henson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6326.
    Hester v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6328.
    Green v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6333.
    Gil v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6334.
    Uriel Ibarra v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6335.
    Gonzalez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6337.
    Garland v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6341.
    Rojas v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6342.
    Aguilar v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5684.
    Nicholas v. West Virginia et al.
   Cir. Ct. Kanawha County, W. Va. Motion of petitioner for leave to file Appendix A under seal granted. Certiorari denied.


text:
    No. 02-5754.
    Carter v. Cambra, Warden.
   C. A. 9th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-5917.
    Kahvedzic v. Republic of Croatia et al.
   C. A. 11th Cir. Certiorari denied.

Justice Scalia took no part in the consideration or decision of this petition.


text:
    No. 01-8294.
    No. 01-9233.
    No. 01-9364.
    No. 01-9649.
    No. 01-9975.
    Worsham v. Minyard Food Stores, Inc., Bailey v. Hempen et al., Steel v. Court of Criminal Appeals of Texas, Colon v. Moore, Secretary, Florida Department of Corrections, Jackson-Bey v. United States,
   535 U. S. 998;

535 U. S. 1102;

535 U. S. 1115;

536 U. S. 927; and

535 U. S. 1120. Petitions for rehearing denied.


text:
    October 21, 2002
    No. 01-10374.
    Rucker v. Potter, Postmaster General, et al.
   C. A. 9th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and ease remanded for further consideration in light of Swierkiewicz v. Sorema N. A, 534 U. S 506 (2002).


text:
    No. D-2187.
    In re Disbarment of Risker.
   Disbarment entered. [For earlier order herein, see 530 U. S. 1294.]


text:
    No. 02M23.
    No. 02M24.
    No. 02M25.
    No. 02M26.
    No. 02M27.
    Miller v. Wolverine Tube Inc.; Taylor v. Dickel et al.; Gruber v. United States; Hill v. United States District Court for the Middle District of Florida; and Sellan v. Walsh, Superintendent, Sullivan Correctional Facility.
   Motions to direct the Clerk to file petitions for writs of certiorari out of time denied.


text:
    No. 01-1120.
    Meyer v. Holley et al.
   C. A. 9th Cir. [Certiorari granted, 535 U. S. 1077.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 01-1231.
    Connecticut Department of Public Safety et al. v. Doe, Individually and on Behalf of All Others Similarly Situated.
   C. A. 2d Cir. [Certiorari granted, 535 U. S. 1077.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 01-9094.
    Abdur’Rahman v. Bell, Warden.
   C. A. 6th Cir. [Certiorari granted, 585 U. S. 1016.] Motion of respondent and Alabama, as amicus curiae, for divided argument and for leave to participate in oral argument as amicus curiae granted.


text:
    No. 01-10864.
    Hitt v. Kansas.
   Sup. Ct. Kan. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 02-6540.
    No. 02-6557.
    No. 02-6570.
    No. 02-6584.
    No. 02-6587.
    No. 02-6607.
    In re Patterson; In re Larkin; In re McDonald; In re Quary; In re Brooks; and In re Cohen.
   Petitions for writs of habeas corpus denied.


author: Justice Stevens,

text:
    No. 01-10009.
    In re Stanford.
   Petition for writ of habeas corpus denied.

Justice Stevens,

with whom Justice Souter, Justice Ginsburg, and Justice Breyer join,

dissenting.

Petitioner has filed an application for an original writ of habeas corpus asking us to hold that his execution would be unconstitutional because he was under the age of 18 when he committed his offense. A bare majority of the Court rejected that submission 13 years ago. Stanford v. Kentucky, 492 U. S. 361 (1989). There are no valid procedural objections to our reconsideration of the issue now, and, given our recent decision in Atkins v. Virginia, 536 U. S. 304 (2002), we certainly should do so.

In Atkins, we held that the Constitution prohibits the application of the death penalty to mentally retarded persons. The reasons supporting that holding, with one exception, apply with equal or greater force to the execution of juvenile offenders. The exception — the number of States expressly forbidding the execution of juvenile offenders (28) is slightly fewer than the number forbidding the execution of the mentally retarded (30) — does not justify disparate treatment of the two classes. Indeed, the fact that since 1989, state legislatures in Indiana, Montana, New York, and Kansas, and the Supreme Court of the State of Washington have all forbidden the execution of persons who were under 18 at the time of their offenses minimizes the significance of that exception.

Rather than repeating the reasoning in our opinion in Atkins, I think it appropriate to quote the following comments from Justice Brennan’s dissenting opinion in Stanford v. Kentucky, 492 U. S., at 394-396, which I joined in 1989:

“Proportionality analysis requires that we compare ‘the gravity of the offense,’ understood to include not only the injury caused, but also the defendant’s culpability, with ‘the harshness of the penalty.’ Solem [v. Helm, 463 U. S. 277, 292 (1983)]. In my view, juveniles so generally lack the degree of responsibility for their crimes that is a predicate for the constitutional imposition of the death penalty that the Eighth Amendment forbids that they receive that punishment.
“Legislative determinations distinguishing juveniles from adults abound. These age-based classifications reveal much about how our society regards juveniles as a class, and about societal beliefs regarding adolescent levels of responsibility. See Thompson [v. Oklahoma, 487 U. S. 815, 823-825 (1988) (plurality opinion)].
“The participation of juveniles in a substantial number of activities open to adults is either barred completely or significantly restricted by legislation. All States but two have a uniform age of majority, and have set that age at 18 or above. ... No State has lowered its voting age below 18. . . . Nor does any State permit a person under 18 to serve on a jury. . . . Only four States ever permit persons below 18 to marry without parental consent.... Thirty-seven States have specific enactments requiring that a patient have attained 18 before she may validly consent to medical treatment. . . . Thirty-four States require parental consent before a person below 18 may drive a motor car. . . . Legislation in 42 States prohibits those under 18 from purchasing pornographic materials. . . . Where gambling is legal, adolescents under 18 are generally not permitted to participate in it, in some or all of its forms. ... In these and a host of other ways, minors are treated differently from adults in our laws, which reflects the simple truth derived from communal experience that juveniles as a class have not the level of maturation and responsibility that we presume in adults and consider desirable for full participation in the rights and duties of modern life.
“ ‘The reasons why juveniles are not trusted with the privileges and responsibilities of an adult also explain why their irresponsible conduct is not as morally reprehensible as that of an adult.’ Thompson, supra, at 835 (plurality opinion). Adolescents ‘are more vulnerable, more impulsive, and less self-disciplined than adults,’ and are without the same ‘capacity to control their conduct and to think in long-range terms.’ Twentieth Century Fund Task Force on Sentencing Policy Toward Young Offenders, Confronting Youth Crime 7 (1978) (hereafter Task Force). They are particularly impressionable and subject to peer pressure, see Eddings v. Oklahoma, 455 U. S. 104, 115 (1982), and prone to ‘experiment, risk-taking and bravado,’ Task Force 3. They lack ‘experience, perspective, and judgment.’ Bellotti v. Baird, 443 U. S. 622, 635 (1979). See generally Thompson, supra, at 835-836, n. 43; Brief for American Society for Adolescent Psychiatry et al. as Amici Curiae (reviewing scientific evidence). Moreover, the very paternalism that our society shows toward youths and the dependency it forces upon them mean that society bears a responsibility for the actions of juveniles that it does not for the actions of adults who are at least theoretically free to make their own choices: ‘youth crime ... is not exclusively the offender’s fault; offenses by the young represent a failure of family, school, and the social system, which share responsibility for the development of America’s youth.’ Task Force 7.
“To be sure, the development of cognitive and reasoning abilities and of empathy, the acquisition of experience upon which these abilities operate and upon which the capacity to make sound value judgments depends, and in general the process of maturation into a self-directed individual fully responsible for his or her actions, occur by degrees. See, e. g., G. Manaster, Adolescent Development and the Life Tasks (1977). But the factors discussed above indicate that 18 is the dividing line that society has generally drawn, the point at which it is thought reasonable to assume that persons have an ability to make, and a duty to bear responsibility for their, judgments. Insofar as age 18 is a necessarily arbitrary social choice as a point at which to acknowledge a person’s maturity and responsibility, given the different developmental rates of individuals, it is in fact ‘a conservative estimate of the dividing line between adolescence and adulthood. Many of the psychological and emotional changes that an adolescent experiences in maturing do not actually occur until the early 20s.’ Brief for American Society for Adolescent Psychiatry et al. as Amici Curiae 4 (citing social scientific studies).”

Today, Justice Brennan’s observations are just as forceful and correct as they were in 1989. But even if we were not convinced in 1989, we should be all the more convinced today. Indeed, when determining what legal obligations and responsibilities juveniles will be allowed to take on, the trend tends to require individuals to be older, rather than younger. See, e. g., National Survey of State Laws 418-422, 478-488 (R. Leiter ed., 4th ed. 2003) (reporting that, without exception, all States now require one to be at least 18 in order to marry without parental consent and that all States now require one to be at least 18 to be the age of majority if unmarried). Neuroscientific evidence of the last few years has revealed that adolescent brains are not fully developed, which often leads to erratic behaviors and thought processes in that age group. See Supplemental Brief for Petitioner 8-5. Scientific advances such as the use of functional magnetic resonance imaging — MRI scans — have provided valuable data that serve to make the case even stronger that adolescents “ ‘are more vulnerable, more impulsive, and less self-disciplined than adults.’” Stanford, 492 U. S., at 395.

Moreover, in the last 13 years, a national consensus has developed that juvenile offenders should not be executed. No State has lowered the age of eligibility to either 16 or 17 since our decision in 1989. See V. Streib, The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973-September 30, 2002, p. 7 (updated Oct. 9, 2002), http://www.law.onu.edu/faculty/streib/juvdeath.pdf (available in Clerk of Court’s case file). In fact, as I mentioned above, the movement is in exactly the opposite direction. Although it is clear that the treatment of this issue by the legislatures has led to a trend in only one direction — toward abolition of the death penalty for juvenile offenders — the fact that the legislatures are paying attention to this issue is remarkable. Juvenile offenders make up only 2% of the total population of death row and about that same percentage of the executions that are carried out. See id., at 13, 4. As a result of such small numbers, one might expect that this issue would draw little public attention and even less interest, from the state legislatures. But the legislatures have acted, and those actions are uniformly against the execution of those who were under 18 when they committed their offenses. This uniform treatment makes sense, too, when one considers its consistency with widely held views on the subject: The majority of Americans, when asked in 2001, indicated that juvenile offenders should not be eligible for the death penalty. See, e. g., T. Smith, Public Opinion on the Death Penalty for Youths, National Opinion Research Center, Univ. of Chicago 2, 6 (Dec. 2001) (unpublished manuscript) (available in Clerk of Court’s case file).

All of this leads me to conclude that offenses committed by juveniles under the age of 18 do not merit the death penalty. The practice of executing such offenders is a relic of the past and is inconsistent with evolving standards of decency in a civilized society. We should put an end to this shameful practice.

I would set the application for an original writ for argument and respectfully dissent from the Court’s refusal to do so.

      See Ind. Code Ann. §§35-50-2-3, 3(b)(1)(A) (West Supp. 2002); 2002 Ind. Pub. L. 117-2002, § 1.

       See Mont. Code Ann. §45-5-102(2) (1997); 1999 Mont. Laws, ch. 523.

       See N. Y. Penal Law § 125.27 (West Supp. 2002).

       See Kan. Stat. Ann. §21-4622 (1995).

       See State v. Furman, 122 Wash. 2d 440, 459, 858 P. 2d 1092, 1103 (1993).


text:
    No. 02-6550.
    In re Dorsey.
   Petition for writ of mandamus denied.


text:
    No. 02-6431.
    In re Wilson.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 02-258.
    Jinks v. Richland County, South Carolina.
   Sup. Ct. S. C. Certiorari granted.


text:
    No. 01-1649.
    Chamber of Commerce of the United States v. Landrum.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 01-1773.
    Cole, Trustee of the Stanford Farms Trust v. Santa Barbara County et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 01-9812.
    No. 01-10107.
    Arturo D. v. California; and Hinger v. California.
   Sup. Ct. Cal. Certiorari denied. Reported below: 27 Cal. 4th 60, 38 P. 3d 433.


text:
    No. 01-10070.
    Ford v. Montana.
   Sup. Ct. Mont. Certiorari denied.


text:
    No. 01-10192.
    Grayson v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 02-107.
    Daniel et al. v. Santa Barbara County, California.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-108.
    Denbury Management, Inc. v. Goulas et vir.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-220.
    Odom, Secretary, North Carolina Department of Health and Human Services, et al. v. Antrican et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-227.
    Williams v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 02-234.
    Cheyovich et ux. v. San Marino School District et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-235.
    Allen v. Texaco Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-236.
    Burke et al. v. Rocha.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-242.
    de Llano v. Berglund et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-243.
    Caffrey v. Caffrey.
   Sup. Ct. Mont. Certiorari denied.


text:
    No. 02-246.
    Wallack Management Co., Inc., et al. v. Goya Foods, Inc.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 02-247.
    UBS PaineWebber Inc. et al. v. Cohen, Executor of the Estate of Ginsburg.
   Ct. App. Ohio, Hamilton County. Certiorari denied.


text:
    No. 02-251.
    Carter v. Angelone, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-254.
    Schroeder v. Hamilton School District et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-255.
    $165,524.78 v. Texas.
   Ct. App. Tex., 14th Dist. Certiorari denied.


text:
    No. 02-257.
    Lloyd v. American Airlines, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-259.
    Monaghan v. Trebek et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-260.
    Millcraft-SMS Services, L. L. C., et al. v. Underwood, Commissioner, Alabama Department of Revenue.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 02-261.
    Nunley et al. v. Banjo Mountain, Inc., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-263.
    BTA Oil Producers et al. v. MDU Resources Group et al.
   Sup. Ct. N. D. Certiorari denied.


text:
    No. 02-264.
    Seelye v. Supreme Court of Oklahoma.
   Sup. Ct. Okla. Certiorari denied.


text:
    No. 02-268.
    Ochoa v. Arizona.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 02-278.
    Walser et al. v. Housing and Redevelopment Authority for the City of Richfield.
   Sup. Ct. Minn. Certiorari denied.


text:
    No. 02-280.
    Rosales et al. v. Kean Argovitz Resorts, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-285.
    Hershfield v. County of King George, Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 02-290.
    Segura et ux. v. Texas Department of Human Services et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-331.
    Ellis v. Hutchinson, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-335.
    Irons v. Asociacion de Propietarios de la Urbanizacion Dorado Reef, Inc.
   Ct. App. D. C. Certiorari denied.


text:
    No. 02-341.
    Mayo v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-356.
    Chu v. Wisconsin.
   Ct. App. Wis. Certiorari denied.


text:
    No. 02-360.
    Farrow v. Potter, Postmaster General.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-365.
    Weber v. Potter, Postmaster General, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-386.
    Ching-tsen Bien v. Chao, Secretary of Labor.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 02-393.
    Duke v. Cockrell, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-395.
    Economou v. White, Secretary of the Army.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-398.
    Cortez-Ochoa v. Pliler, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-408.
    Farrow v. Potter, Postmaster General.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-413.
    TAG Investments et al. v. Matrix Properties Corp. (three judgments).
   Sup. Ct. N. D. Certiorari denied.


text:
    No. 02-415.
    Medina Virgen v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-432.
    Markowski v. Securities and Exchange Commission.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 02-439.
    Kline v. Internal Revenue Service.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-440.
    Shalom v. United States; and Mordehai v. United States.
   C. A. 11th Cir. Certiorari denied. Reported below: 35 Fed. Appx. 855.


text:
    No. 02-444.
    Harris v. United States.
   C. A. Armed Forces. Certiorari denied.


text:
    No. 02-467.
    Curtis et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-483.
    Udogwu et ux. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5113.
    Ramsey v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 02-5119.
    Brooks v. Michigan Department of Corrections.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 02-5342.
    Bishop v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 02-5374.
    Burgess v. Alabama.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 02-5586.
    Phillips v. Woodford, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5746.
    Spears v. Stewart, Director, Arizona Department of Corrections.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5897.
    Cosby v. Clarke et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-5900.
    Purcell v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 02-5902.
    McDavis v. Pennsylvania State Governor et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5905.
    Watkins v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 02-5909.
    Williams v. Jones, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5912.
    Hurst v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 02-5913.
    Hall v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 02-5914.
    Gardner v. Giurbino, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5919.
    Goldsmith v. California.
   Ct. App. Cal., 5th App. Dist. Certiorari denied.


text:
    No. 02-5921.
    Khan v. Lucas et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-5927.
    Muldoon v. C. J. Muldoon & Sons et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 02-5930.
    Jones, aka Hampton v. South Carolina.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-5931.
    Bane v. Johnson, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5932.
    Lawson v. Pennsylvania.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5933.
    King v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 02-5936.
    Hussein v. The Pierre Hotel et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5941.
    Knutson v. County of Barnes et al.
   Sup. Ct. N. D. Certiorari denied.


text:
    No. 02-5943.
    VanDerBerg v. Moore, Secretary, Florida Department of Corrections, et al.
   C. A. llth Cir. Certiorari denied.


text:
    No. 02-5944.
    Thompson v. Gibson, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-5945.
    Salamanca v. Miller-Stout, Superintendent, Airway Heights Corrections Center.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5947.
    Sughrue v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 02-5952.
    King v. Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5953.
    Arroyo v. Senkowski, Superintendent, Clinton Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5954.
    Johnson v. Cain, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5955.
    Carr v. Mississippi.
   Ct. App. Miss. Certiorari denied.


text:
    No. 02-5958.
    Dluhy v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 02-5967.
    Brown v. Head, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5970.
    Watkins v. Bradford, Sheriff, Lawrence County, Mississippi, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-5972.
    Woodruff v. Roe, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5977.
    Pollock v. Moore, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-5980.
    Dahler v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 02-5982.
    Chuanshan Zhao v. City University of New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-5989.
    Grajeda v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 02-5992.
    Browner v. McGrath, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-5993.
    Birch v. Carter et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-5995.
    Re v. Snyder, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-5996.
    Winker v. McDonnell Douglas Corp.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-5997.
    Hill v. Maynard, Director, South Carolina Department of Corrections.
   Ct. Common Pleas of Georgetown County, S. C. Certiorari denied.


text:
    No. 02-6007.
    Walker v. Jones, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6009.
    Cooper v. Zelgowski et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6012.
    Johnson v. Pennsylvania Board of Probation and Parole.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6014.
    Pepper v. Darnell, Secretary of State of Tennessee, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6063.
    Davis v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 02-6065.
    Odoms v. Thompson, Superintendent, Oregon State Penitentiary.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6068.
    Robinson v. Massachusetts; and McGrath v. Massachusetts.
   Sup. Ct. Jud. Mass. Certiorari denied. Reported below: 437 Mass. 1002, 768 N. E. 2d 546 (first judgment); 437 Mass. 46, 768 N. E. 2d 1075 (second judgment).


text:
    No. 02-6070.
    Basden v. Lee, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6120.
    Hunter v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 02-6121.
    Hampton v. Wyant, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-6136.
    Eldridge v. Hedrick, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6137.
    Crawford v. United States District Court for the District of Columbia.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 02-6149.
    Jones v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 02-6151.
    Scott v. Norris, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6152.
    Young v. Stubblefield, Superintendent, Missouri Eastern Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6162.
    Greene v. Barnhart, Commissioner of Social Security.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6180.
    Sanford v. Yukins, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6187.
    Walker v. Illinois,
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 02-6192.
    Daniels v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6195.
    Todd v. Stegall, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6201.
    Stanton v. Montana.
   Sup. Ct. Mont. Certiorari denied.


text:
    No. 02-6202.
    Quinonez v. Garcia, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6208.
    Pollard v. Galaza, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6209.
    Morid v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6215.
    Hayes v. Neal, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-6218.

    Beckwith v. BellSouth Telecommunications, Inc., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6221.
    Figman v. Sprint.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6236.
    Moreno v. California.
   Ct. App. Cal, 6th App. Dist. Certiorari denied.


text:
    No. 02-6243.
    Gentry v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 02-6249.
    Williams v. Angelone, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6262.
    Evans v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 02-6269.
    Meese v. Waller, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6277.
    Whited v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 02-6289.
    Limehouse v. Red Lobster.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6294.
    Sharp v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6298.
    Simmons v. Portuondo, Superintendent, Shawangunk Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6301.
    Zuluaga v. Massachusetts.
   App. Ct. Mass. Certiorari denied.


text:
    No. 02-6312.
    Ross v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6318.
    Olaniyi-Oke v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6321.
    Hudson v. Picatinny Arsenal, Department of the Army.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6322.
    Hargrove v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 02-6325.
    Green v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6327.
    Bentley v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6330.
    Goist v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6338.
    Leftwich v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6339.
    Jost v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6343.
    No. 02-6344.
    Blount v. United States; and Blount v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 293 F. 3d 886.


text:
    No. 02-6345.
    Boone v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6351.
    Jones v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6355.
    Montano-Campa v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6356.
    Judd v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6357.
    Lopez-Jimenez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6359.
    Stephens v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6360.
    Sammut v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6363.
    Cortez-Castro v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6364.
    Sanger v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6367.
    Diaz v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6369.
    Ramos v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6371.
    Sudakov v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 02-6374.
    Marroquin-Borrallo v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6375.
    Jackson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6376.
    Maldonado-Hernandez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6379.
    Mercado-Rosales v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6380.
    Preciado-Flores v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6381.
    Livingston v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6382.
    Lonjose v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6383.
    Porras-Cardoza v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6388.
    Rodriguez-Leon v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6389.
    Stallone v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6390.
    Robinson v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6391.
    Rosario-Moya v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6393.
    Adderley v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6394.
    Bloomgren v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6399.
    Pugh v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-6400.
    Mathis v. United States.
   C. A. 6th Cir. Cer-

tiorari denied.


text:
    No. 02-6401.
    Muranaka v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6404.
    Robles-Villarreal v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6406.
    White v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6407.
    Reyes-Vejerano v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 02-6408.
    Briggs v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-6409.
    Turner v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6410.
    Whitehurst v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6414.
    Amadioha v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6424.
    Johnson v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6425.
    Sette v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6426.
    Nodd v. United States.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 02-6428.
    Woods v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6429.
    Brice v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6430.
    Williams v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 02-6434.
    Grullon v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6436.
    Flores v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6437.
    Garduno-Montoya v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6439.
    Hillgartner v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6440.
    Hughes v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6442.
    Griffith v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6443.
    Gastelum-Almeida v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6444.
    Hauser v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6445.
    Griffith v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6446.
    Gray v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6447.
    Garcia-Delgado v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6449.
    Feurtado v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6451.
    Hendrix v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6452.
    Flores v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6456.
    Mayne v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6460.
    Casarez-Dominguez v. United States; Gomez-Fierro v. United States; Jimenez-Vargas v. United States; and Sanchez-Villanueva v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 45 Fed. Appx. 321.


text:
    No. 02-6463.
    Johnson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6464.
    White v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6466.
    Molina-Flores v. United States; and Ramirez-Flores v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 45 Fed. Appx. 322.


text:
    No. 02-6471.
    Espinoza-Vasquez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6475.
    Riley v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6477.
    Cerro v. Cerro.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 02-6478.
    Florentino v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6481.
    Foster-Torres v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6482.
    Hurtado-Ramirez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6485.
    Noriega-Bustamante, aka Padilla-Morillo v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6486.
    Morris v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 02-6487.
    Cruz Pedraza v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6488.
    Alejo-Elizalde v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6490.
    Muniz, aka Aguillon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6491.
    Presas v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6492.
    Brown v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 02-6493.
    Key v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6494.
    Macias-Zavala v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6495.
    Lopez-Garcia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6497.
    Ocampo-Castaneda, aka Garcia, aka Calderon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6500.
    O’Donald v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6501.
    Sherfield v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6502.
    Reyna-Castonon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6503.
    Scott v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6505.
    Elias v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 02-6506.
    Wilcox v. Fleming, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 02-6509.
    Arzaga-Muruato v. United States Caballero-Banda v. United States Calvario-Cernas v. United States Galan-Garcia v. United States Cardenas-Gonzalez v. United States Gomez-Andrade, aka Salinas-Flores v. United States Lozoya-Romero v. United States Martinez-Ulloa, aka Martinez-Zulloa, aka Martinez-Venezuela v. United States Rios-Flores v. United States Rosales-Garcia, aka Sanchez, aka Gonzalez-Rosales v. United States and Rueda-Saenz, aka Ezquiel-Saenz v. United States
   (Reported below: 45 Fed. Appx. 322);

(45 Fed. Appx. 322);

(45 Fed. Appx. 322);

(45 Fed. Appx. 322);

(45 Fed. Appx. 321);

(45 Fed. Appx. 321);

(45 Fed. Appx. 321);

(45 Fed. Appx. 322);

(45 Fed. Appx. 322);

(45 Fed. Appx. 321);

(45 Fed. Appx. 322). C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6510.
    Delgado-Castillo v. United States; Espinoza-Martinez v. United States; and Salas-Gaytan v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 45 Fed. Appx. 321.


text:
    No. 02-6511.
    Dean v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 02-6512.
    Castro-Gomez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6515.
    Monroe v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 02-6516.
    Turner v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6517.
    Velasquez-Morga v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6519.
    Leonard-Bey v. Conroy, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6520.
    Jack v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 02-6524.
    Davis v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 02-6536.
    Erwin v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6538.
    Nance v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6541.
    Smith v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 02-6548.
    Clark v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 02-6549.
    Dixon v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 01-1846.
    Legal Environmental Assistance Foundation, Inc. v. Environmental Protection Agency et al.
   C. A. 11th Cir. Motion of American Petroleum Institute et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 01-10851.
    Okafor v. United States.
   C. A. 9th Cir. Certiorari denied. Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-88.
    Audio Odyssey, Ltd., et al. v. Brenton First National Bank et al.
   C. A. 8th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-265.
    Shaw v. Replogle.
   C. A. 9th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-6008.
    Daniels v. Duncan, Warden.
   C. A. 9th Cir. Certiorari denied.

Justice Breyer took no part in the consideration or decision of this petition.


author: Justice Thomas, Justice Breyer,

text:
    No. 01-10868.
    Foster v. Florida et al.
   Sup. Ct. Fla. Cer-tiorari denied.

Statement of Justice Stevens respecting the denial of the petition for writ of certiorari.

In response to Justice Thomas’ concurring opinion, I think it appropriate once again to emphasize that the denial of a petition for a writ of certiorari does not constitute a ruling on the merits. See Knight v. Florida, 528 U. S. 990 (1999) (opinion of Stevens, J., respecting denial of petitions for writ of certiorari); Singleton v. Commissioner, 439 U. S. 940, 942-946 (1978) (opinion of Stevens, J., respecting denial of petition for writ of certiorari).

Justice Thomas,

concurring.

In the three years since we last debated this meritless claim in Knight v. Florida, 528 U. S. 990 (1999) (Thomas, J., concurring), nothing has changed in our constitutional jurisprudence. I therefore have little to add to my previous assessment of Justice Breyer’s musings. See id,., at 992 (“Consistency would seem to demand that those who accept our death penalty jurisprudence as a given also accept the lengthy delay between sentencing and execution as a necessary consequence”).

This Court’s vacatur of a death sentence because of constitutional error does not bar new sentencing proceedings resulting in a reimposition of the death penalty. Petitioner seeks what we would not grant to a death-row inmate who had suffered the most egregious of constitutional errors in his sentencing proceedings — a permanent bar to execution. Murderers such as petitioner who are not apprehended and tried suffer from the fear and anxiety that they will one day be caught and punished for their crimes — perhaps even sentenced to death. Will Justice Breyer next have us consider the constitutionality of capital murder trials that occur long after the commission of the crime simply because the criminal defendants, who have evaded capture, have been so long suffering?

Petitioner could long ago have ended his “anxieties and uncertainties,” post, at 993, by submitting to what the people of Florida have deemed him to deserve: execution. Moreover, this judgment would not have been made had petitioner not slit Julian Lanier’s throat, dragged him into bushes, and then, when petitioner realized that he could hear Lanier breathing, cut his spine. 369 So. 2d 928, 929 (Fla. 1979).

Justice Breyer,

dissenting.

Petitioner Charles Foster has spent more than 27 years in prison since his initial sentence of death. He was sentenced to death on October 4, 1975. In 1981, five days before his scheduled execution, a Federal District Court issued a stay to permit consideration of his first federal habeas petition. This petition was temporarily successful. The Court of Appeals held that Foster’s sentence was constitutionally defective because the trial court had failed to state required findings regarding mitigating factors. But four months later the court withdrew relief, saying that it had wrongly raised the question sua sponte. Foster v. Strickland, 707 F. 2d 1339, 1352 (CA11 1983).

In 1984, a second death warrant issued. The courts again stayed the execution. From 1987 to 1992, the Florida courts twice vacated Foster’s sentence because the trial court had failed properly to consider certain mitigating factors. New sentencing proceedings followed. Each time Foster was again sentenced to death. Foster’s latest resentencing took place in 1993, 18 years after his initial sentence and 10 years after the Court of Appeals first found error.

Foster now asks this Court to consider his claim that his execution, following these lengthy proceedings, would violate the Constitution’s prohibition of “cruel and unusual punishments.” Justice Stevens and I have previously argued that the Court should hear this kind of claim. See Lackey v. Texas, 514 U. S. 1045 (Stevens, J., respecting denial of certiorari); Elledge v. Florida, 525 U. S. 944 (1998) (Breyer, J., dissenting from denial of certiorari); Knight v. Florida, 528 U. S. 990, 993-999 (1999) (Breyer, J., dissenting from denial of certiorari). And I believe the present case presents circumstances particularly fitting for this Court’s review.

For one thing, 27 years awaiting execution is unusual by any standard, even that of current practice in the United States, where the average executed prisoner spends between 11 and 12 years under sentence of death, U. S. Dept. of Justice, Bureau of Justice Statistics Bulletin, T. Snell, Capital Punishment 2000, p. 12 (Dec. 2001). A little over two years ago, there were only eight prisoners in the United States who had been under sentence of death for 24 years or more, and none who had been on death row for 27 years. Id., at 13. Now we know there is at least one.

For another thing, as Justice Stevens and I have previously pointed out, the combination of uncertainty of execution and long delay is arguably “cruel.” This Court has recognized that such a combination can inflict “horrible feelings” and “an immense mental anxiety amounting to a great increase of the offender’s punishment.” In re Medley, 134 U. S. 160, 172 (1890); see also Furman v. Georgia, 408 U. S. 238, 288-289 (1972) (per curiam) (Brennan, J., concurring) (“[T]he prospect of pending execution exacts a frightful toll”). Courts of other nations have found that delays of 15 years or less can render capital punishment degrading, shocking, or cruel. E. g., Pratt v. Attorney General for Jamaica, [1994] 2 A. C. 1, 29, 33, 4 All E. R. 769, 783, 786 (P. C. 1993) (en banc) (U. K. Privy Council); Soering v. United Kingdom, 11 Eur. Ct. H. R. (ser. A), pp. 439, 478, ¶ 111 (1989) (European Court of Human Rights). See Knight, supra, at 995-996. Consistent with these determinations, the Supreme Court of Canada recently held that the potential for lengthy incarceration before execution is “a relevant consideration” when determining whether extradition to the United States violates principles of “fundamental justice.” United States v. Burns, [2001] 1 S. C. R. 283, 353, ¶ 123. Just as “attention to the judgment of other nations” can help Congress determine “the justice and propriety of [America’s] measures,” The Federalist No. 63, p. 382 (C. Rossiter ed. 1961) (J. Madison), so it can help guide this Court when it decides whether a particular punishment violates the Eighth Amendment. Cf. Atkins v. Virginia, 536 U. S. 304, 316-317, n. 21 (2002).

Foster has endured an extraordinarily long confinement under sentence of death, a confinement that extends from late youth to later middle age. The length of this confinement has resulted partly from the State’s repeated procedural errors. Death row’s inevitable anxieties and uncertainties have been sharpened by the issuance of two death warrants and three judicial reprieves. If executed, Foster, now 55, will have been punished both by death and also by more than a generation spent in death row’s twilight. It is fairly asked whether such punishment is both unusual and cruel.

I would grant the petition for certiorari in this case.

      Justice Breyer notes that the Supreme Court of Canada has expressed concern over delays in the administration of the death penalty in the United States. Post, at 992-993 (dissenting opinion). I daresay that court would be even more alarmed were there, as Blackstone commended, only a 48-hour delay between sentence and execution. Knight, 528 U. S., at 990-991, n. 1 (Thomas, J., concurring) (citing 4 W. Blackstone, Commentaries *397). In any event, Justice Breyer has only added another foreign court to his list while still failing to ground support for his theory in any decision by an American court. 528 U. S., at 990. While Congress, as a legislature, may wish to consider the actions of other nations on any issue it likes, this Court’s Eighth Amendment jurisprudence should not impose foreign moods, fads, or fashions on Americans. Cf. Atkins v. Virginia, 536 U. S. 304, 324-325 (2002) (Rehnquist, C. J., dissenting).


text:
    No. 02-20.
    Stewart, Director, Arizona Department of Corrections, et al. v. McCoy.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.

Statement of Justice Stevens respecting the denial of the petition for writ of certiorari.

An Arizona jury found respondent guilty of participating in a criminal syndicate, and the trial court sentenced him to a term of 15 years’ imprisonment. After his conviction was affirmed by the Arizona Court of Appeals, the Federal District Court granted his petition for a writ of habeas corpus, and the Court of Appeals for the Ninth Circuit affirmed the order releasing him from custody. The harsh sentence for a relatively minor offense provides a permissible justification for this Court’s discretionary decision to deny the warden’s petition for certiorari. Nevertheless, the issue raised by her petition has sufficient importance to merit comment.

The specific crime committed by respondent was giving advice to members of a street gang. In the words of the relevant Arizona statute, he was guilty of: “Furnishing advice or direction in the conduct, financing or management of a criminal syndicate’s affairs with the intent to promote or further the criminal objectives of a criminal syndicate.” The evidence showed that he had been a member of a street gang in California before moving to Arizona, and that at two social gatherings he gave several members of a Tucson gang specific advice on how to operate their gang. The state appellate court concluded that the evidence was sufficient to prove his knowledge of the Tucson gang’s criminal activities and his intent to promote those activities. It also rejected respondent’s contention that the statute violated the First Amendment because it prohibited constitutionally protected speech.

The federal courts both concluded, however, that respondent’s speech was protected by that Amendment. Relying primarily on Brandenburg v. Ohio, 395 U. S. 444 (1969) (per curiam), and Hess v. Indiana, 414 U. S. 105 (1973) (per curiam), the Court of Appeals held that respondent’s speech “was mere abstract advocacy” that was not constitutionally proscribable because it did not incite “imminent” lawless action. Given the specific character of respondent’s advisory comments, that holding is surely debatable. But whether right or wrong, it raises a most important issue concerning the scope of our holding in Brandenburg, for our opin ion expressly encompassed nothing more than “mere advocacy,” 395 U. S., at 449.

The principle identified in our Brandenburg opinion is that “the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Id., at 447. While the require* ment that the consequence be “imminent” is justified with respect to mere advocacy, the same justification does not necessarily adhere to some speech that performs a teaching function. As our cases have long identified, the First Amendment does not prevent restrictions on speech that have “clear support in public danger.” Thomas v. Collins, 323 U. S. 516, 530 (1945). Long range planning of criminal enterprises — which may include oral advice, training exercises, and perhaps the preparation of written materials — involves speech that should not be glibly characterized as mere “advocacy” and certainly may create significant public danger. Our cases have not yet considered whether, and if so to what extent, the First Amendment protects such instructional speech. Our denial of certiorari in this case should not be taken as an endorsement of the reasoning of the Court of Appeals.

       Ariz. Rev. Stat. Ann. § 13-2308(A)(3) (West 2001).

       “Appellant moved to Tucson from California, where he had been a member of a gang since the 1980s. In Tucson, he became acquainted with his girlfriend’s son and a number of his friends who belonged to a gang called the ‘Bratz.’ Several Bratz members testified that appellant was present at a barbecue at the son’s house attended by a number of Bratz members and that he spoke to them about his experiences in the California gang. He advised them to formalize their gang by electing officers, collecting money to establish a bail fund for members, and spray painting more gang graffiti to make their presence known in their territory. He also advised them to ‘jump in’ more loyal members and ‘jump out’ those who were not loyal. There was testimony explaining that ‘jumping’ or ‘courting’ meant initiating a new member or removing a current member by means of a group beating in which a number of members participated in beating or kicking the person ‘jumped’ or ‘courted.’ Finally, he advised them to establish friendly relations with other gangs who would support them.” State v. McCoy, 187 Ariz. 223, 224, 928 P. 2d 647, 648 (App. 1996).

       282 F. 3d 626, 631 (CA9 2002).


text:
    No. 02-30.
    Stewart, Director, Arizona Department of Corrections v. Spears.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 02-262.
    TechSearch L. L. C. v. Intel Corp.
   C. A. Fed. Cir. Certiorari denied.

Justice O’Connor and Justice Breyer took no part in the consideration or decision of this petition.


text:
    No. 02-5313.
    Alderman v. Head, Warden.
   Sup. Ct. Ga. Certiorari denied.

Justice Breyer would grant certiorari.


text:
    No. 01-8204.
    No. 01-10203.
    Jacobs v. McCaughtry, Warden, Fuell v. United States,
   535 U. S. 995; and

536 U. S. 932. Petitions for rehearing denied.


text:
    October 24, 2002
    No. 02-470.
    Rodriguez-Bahena v. United States.
   C. A. 5th Cir. Certiorari dismissed under this Court’s Rule 46.2.


text:
    No. 01-9094.
    Abdur’Rahman v. Bell, Warden.
   C. A. 6th Cir. [Certiorari granted, 535 U. S. 1016.] The parties are directed to file supplemental briefs addressing the following questions: “Did the Sixth Circuit have jurisdiction to review the District .Court’s order, dated November 27, 2001, transferring petitioner’s Rule 60(b) motion to the Sixth Circuit pursuant to 28 U. S. C. § 1631? Does this Court have jurisdiction to review the Sixth Circuit’s order, dated February 11, 2002, denying leave to file a second habeas corpus petition?” Briefs are to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thursday, October 31, 2002. T\venty copies of the briefs prepared under this Court’s Rule 33.2 may be filed initially in order to meet the October 31 filing date. Rule 29.2 does not apply. Forty copies of the briefs prepared under Rule 33.1 are to be filed as soon as possible thereafter.


text:
    October 29, 2002
    No. 02A339 (02-127).
    McGrath, Warden, et al. v. Chia.
   C. A. 9th Cir. Application for stay, presented to Justice O’Con-nor, and by her referred to the Court, granted, and it is ordered that the May 21, 2002, order of the United States District Court for the Central District of California, case No. 97-CV-51, is hereby stayed pending disposition of the petition for writ of cer-tiorari. Should the petition for writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.


text:
    November 1, 2002
    No. 01-729.
    Smith et al. v. Doe et al.
   C. A. 9th Cir. [Certiorari granted sub nom. Otte v. Doe, 534 U. S. 1126.] Motion of respondents for divided argument denied.


text:
    November 4, 2002
    No. 02-200.
    O’Lear et al. v. Miller et al.
   Affirmed on appeal from D. C. E. D. Mich.

Justice Stevens and Justice Breyer would note probable jurisdiction and set case for oral argument.


text:
    No. 02-6101.
    Moore v. Mississippi.
   Sup. Ct. Miss. Motion of petitioner for leave to proceed in forma pauperis denied, and certiorari dismissed. See this Court’s Rule 39.8.


text:
    No. 02-6190.
    Winke v. Winke.
   Sup. Ct. Iowa. Motion of petitioner for leave to proceed in forma pauperis denied, and certiorari dismissed. See this Court’s Rule 39.8.


text:
    No. 02-6191.
    Winke v. Iowa District Court for Lee County.
   Sup. Ct. Iowa. Motion of petitioner for leave to proceed in forma pauperis denied, and certiorari dismissed. See this Court’s Rule 39.8.


text:
    No. 02-6228.
    Eury v. Smith.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis denied, and certiorari dismissed. See this Court’s Rule 39.8.


text:
    No. 02-6310.
    Johnson v. Tremper et al.
   C. A. 2d Cir. Motion of petitioner for leave to proceed in forma pauperis denied, and certiorari dismissed. See this Court’s Rule 39.8. As petitioner has repeatedly abused this Court’s process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).

Justice Stevens dissents.

See id., at 4, and cases cited therein.


text:
    No. 02M28.
    No. 02M29.
    No. 02M30.
    No. 02M31.
    No. 02M33.
    Sherrill v. Holmes-Tuttle Ford; Moore v. Arizona Department of Transportation/Motor Vehicle Division et al.; Williams v. United States; Herzog v. United States; and Beck v. Curtis, Warden.
   Motions to direct the Clerk to file petitions for writs of certiorari out of time denied.


text:
    No. 02M32.
    Waldrop v. DeKalb County Board of Education.
   Motion to direct the Clerk to file petition for writ of certiorari out of time under this Court’s Rule 14.5 denied.


text:
    No. 01-593.
    No. 01-594.
    Dole Food Co. et al. v. Patrickson et al.; and Dead Sea Bromine Co., Ltd., et al. v. Patrickson et al.
   C. A. 9th Cir. [Certiorari granted, 536 U. S. 956.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 01-1418.
    Archer et ux. v. Warner.
   C. A. 4th Cir. [Certiorari granted, 536 U. S. 938.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 01-1437.
    No. 01-1596.
    Branch et al. v. Smith et al.; and Smith et al. v. Branch et al.
   D. C. S. D. Miss. [Probable jurisdiction noted, 536 U. S. 903.] Motion of the Solicitor General for leave to participate in oral argument as ami-cus curiae and for divided argument granted.


text:
    No. 02-299.
    Entergy Louisiana, Inc. v. Louisiana Public Service Commission et al.
   Sup. Ct. La. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 02-571.
    Patterson et al. v. Bollinger et al.
   C. A. 6th Cir. Motion of petitioners Ebony Patterson et al. to expedite consideration of petition for writ of certiorari before judgment denied.


text:
    No. 02-6658.
    No. 02-6701.
    No. 02-6753.
    No. 02-6804.
    In re Hewitt; In re Keys; In re Cameron; In re Allen; and In re Harris.
    No. 02-6832.
   Petitions for writs of habeas corpus denied.


text:
    No. 02-6714.
    In re Adkins.
   Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of habeas corpus dismissed. See this Court’s Rule 39.8.


text:
    No. 02-6171.
    No. 02-6718.
    In re Porter; and In re Dunn.
   Petitions for writs of mandamus denied.


text:
    No. 02-325.
    In re Selyukov et al.
   Petition for writ of prohibition denied.


text:
    No. 01-1806.
    Illinois ex rel. Ryan, Attorney General of Illinois v. Telemarketing Associates, Inc., et al.
   Sup. Ct. Ill. Certiorari granted.


text:
    No. 02-69.
    Roell et al. v. Withrow.
   C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 02-271.
    Dow Chemical Co. et al. v. Stephenson et al.
   C. A. 2d Cir. Motion of Product Liability Advisory Council for leave to file a brief as amicus curiae granted. Certiorari granted. Justice Stevens took no part in the consideration or decision of this motion and this petition.