text:
    No. D-165.
    In re Disbarment of Rothbart.
   It is ordered that Norman Shine Rothbart, of Northbrook, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


source: Caselaw Access Project

license: Public Domain

text:
    No. D-166.
    In re Disbarment of Kaufman.
   It is ordered that Robert Kaufman, of New York, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-167.
    In re Disbarment of Reiser.
   It is ordered that Arthur A. Reiser, Jr., of Western Springs, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-168.
    In re Disbarment of Powell.
   It is ordered that Paul Lee Powell, of Chicago, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 78-605.
    United States et al. v. Rutherford et al.
   C. A. 10th Cir. [Certiorari granted, 439 U. S. 1127.] Motion of Northwest Academy of Preventive Medicine for leave to file a brief as amicus curiae granted.


text:
    No. 1,
    No. 2,
    No. 3,
    Orig.
    Orig.
    Orig.
    Wisconsin et al. v. Illinois et al., Michigan v. Illinois et al., and New York v. Illinois et al.,
   388 U. S. 426. It is ordered that Honorable Albert B. Maris, Senior Judge of the United States Court of Appeals for the Third Circuit, be appointed Special Master in these cases with authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Master is directed to submit such reports as he may deem appropriate.

The Master shall be allowed his actual expenses. The allowances to him, the compensation paid to his technical, stenographic and clerical assistants, the cost of printing his report, and all other proper expenses shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.

It is further ordered that if the position of Special Master in these cases becomes vacant during a recess of the Court, The Chief Justice shall have authority to make a new designation which shall have the same effect as if originally made by the Court.

The motion for leave to file petition for modification of decree is referred to the Special Master.


text:
    No. 78-711.
    Southeastern Community College v. Davis.
   C. A. 4th Cir. [Certiorari granted, 439 U. S. 1066.] Motion of the Solicitor General for leave to file a brief as amicus curiae granted.


text:
    No. 78-752.
    Baker v. McCollan.
   C. A. 5th Cir. [Cer-tiorari granted, 439 U. S. 1114.] Motion of American Civil Liberties Union et al. to participate in oral argument as amici curiae denied.


text:
    No. 78-6438.
    Yost v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 78-6296.
    Carlos v. United States et al.
   Motion for leave to file petition for writ of mandamus denied.


text:
    No. 78-1155.
    Vitek, Correctional Director, et al. v. Jones.
   Appeal from D. C. Neb. Motion of appellee for leave to proceed in forma pauperis granted. Further consideration of question of jurisdiction postponed to hearing of case on the merits.


text:
    No. 78-1335.
    Village of Schaumburg v. Citizens for a Better Environment et al.
   C. A. 7th Cir. Certiorari granted.


text:
    No. 78-1117.
    Smith v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1191.
    Cerrella et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1211.
    Tucker v. United States.
   C. A. 6th Cir.

Certiorari denied.


text:
    No. 78-1228.
    Seidlitz v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1233.
    No. 78-1373.
    Mitchell v. Mid-Continent Spring Company of Kentucky; and Mid-Continent Spring Company of Kentucky v. Mitchell.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1245.
    Geders v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1262.
    Flowers v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1267.
    Hicks v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1272.
    Noall v. United States et al.
   C. A.-2d Cir. Certiorari denied.


text:
    No. 78-1331.
    Weinger v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 78-1333.
    Standard Alliance Industries, Inc. v. Black Clawson Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1339.
    Taylor v. Nashville Banner Publishing Co.
   Ct. App. Tenn. Certiorari denied.


text:
    No. 78-1349.
    Kerner v. State Employees’ Retirement System of Illinois et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 78-1350.
    Leonard v. Exxon Corp. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1354.
    Kluge v. Superior Court of California, County of Los Angeles.
   Ct. App. Cal., 2d App. Dist. Cer-tiorari denied.


text:
    No. 78-1360.
    Fiore v. County of Westmoreland et al.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 78-1361.
    McCoy v. Lincoln Intermediate Unit No. 12.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 78-1362.
    Walker v. Ohio.
   Sup. Ct. Ohio. Certio-rari denied.


text:
    No. 78-1364.
    Rudolph v. Wagner Electric Corp.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-1367.
    Cook v. Muskingum Watershed Conservancy District.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1371.
    Buian v. Baughard et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1395.
    Zarinsky v. New Jersey et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1404.
    Ball et al. v. Carey, Governor of New York, et al.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Cer-tiorari denied.


text:
    No. 78-1425.
    Cole et al. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1448.
    Bennett v. Secretary of Defense.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-1469.
    Wheeler Dealers, Inc. v. Raleigh Industries of America, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1485.
    Hanley et al. v. United States District Court, Southern District of Ohio.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 78-6066.
    Edmond v. Bernhardt, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6081.
    Ladany v. Overberg, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6116.
    Blanding v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6165.
    Lyons v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-6177.
    John et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6183.
    Platel v. Young, Chief Judge, U. S. District Court.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6295.
    Natson v. Georgia.
   Sup. Ct. Ga. Certio-rari denied.


text:
    No. 78-6297.
    Holsey v. Mandel.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 78-6305.
    Coffey v. North Carolina.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6306.
    Huling v. Ohio.
   Ct. App. Ohio, Summit County. Certiorari denied.


text:
    No. 78-6307.
    Miller v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 78-6309.
    Queen et al. v. Leeke, Corrections Commissioner, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6311.
    Green v. White, Training Center Superintendent.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6312.
    Ladd v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 78-6313.
    Bracey v. Heeringa et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6314.
    Morris v. Jago, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6316.
    Gibson v. Louisiana.
   Sup. Ct. La. Cer-tiorari denied.


text:
    No. 78-6323.
    Jacobs v. Oregon.
   Ct. App. Ore. Certio-rari denied.


text:
    No. 78-6324.
    Lightner v. Ohio.
   Ct. App. Ohio, Cuya-hoga County. Certiorari denied.


text:
    No. 78-6327.
    Green v. Missouri et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6328.
    Bundy v. Utah.
   Sup. Ct. Utah. Certio-rari denied.


text:
    No. 78-6331.
    Musto v. Engle, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6332.
    Edwards v. City of Seattle et al.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 78-6334.
    Sarnescky v. Ohio.
   Sup. Ct. Ohio. Cer-tiorari denied.


text:
    No. 78-6382.
    Dow v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6392.
    Regelin v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6398.
    Davis v. Sedgwick et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6400.
    Martino v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6401.
    Baca v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6403.
    Braden v. Kentucky.
   Sup. Ct. Ky. Cer-tiorari denied.


text:
    No. 78-6410.
    Hudson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6426.
    Weinrich v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-707.
    Atkins v. Louisiana.
   Sup. Ct. La. Certio-rari denied, it appearing that the judgment below rests on independent and adequate state grounds.


text:
    No. 78-793.
    DiLeo v. Board of Regents of the University of Colorado et al.
   Sup. Ct. Colo. Certiorari denied.

Mr. Justice Brennan, Mr. Justice White, and Mr. Justice Marshall would grant certiorari.


text:
    No. 78-961.
    Gambino v. Louisiana.
   Sup. Ct. La. Cer-tiorari denied.

Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall would grant certiorari and reverse the conviction.


text:
    No. 78-1247.
    Imperial Distributors, Inc., et al. v. Pettine, U. S. District Judge.
   C. A. 1st Cir. Certiorari denied.

Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall would grant certiorari and reverse the judgment.


text:
    No. 78-6439.
    Hampton v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6086.
    Pendleton v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.

Mr. Justice Brennan and Mr. Justice Blackmun would grant certiorari.


text:
    No. 77-1255.
    No. 78-956.
    Anders, Solicitor of Richland County v. Floyd, Coven v. Securities and Exchange Commission,
   440 U. S. 445; and

440 U. S. 950. Petitions for rehearing denied.


text:
    No. 78-5645.
    Gautam v. First National City Bank,
   440 U. S. 919. Motion for leave to file petition for rehearing denied.


text:
    April 25, 1979
    No. A-887.
    Louisville & Nashville Railroad Co. v. Sullivan, Administrator, Federal Railroad Administration, et al.
   The document captioned “Application for an order continuing the injunction granted by a panel of the United States Court of Appeals for the District of Columbia Circuit but vacated by that Court en banc, pending the timely filing of a petition for writ of certiorari and its consideration by this Court” was presented to The Chief Justice and by him referred to the Court. Treating the papers as an application for a stay, pending the timely filing and disposition of a petition for a writ of certiorari, the application is denied.

Mr. Justice Stevens would grant the stay.


text:
    April 30, 1979
    No. 78-1433.
    Chubb v. Pennsylvania.
   Appeal from Super. Ct. Pa. dismissed for want of substantial federal question.


text:
    No. 78-5989.
    Muse v. Louisiana.
   Appeal from Sup. Ct. La. dismissed for want of substantial federal question.


text:
    No. 78-6358.
    Crane et ux. v. Carroll County Department of Family and Children Services.
   Appeal from Sup. Ct. Ga. dismissed for want of substantial federal question.


text:
    No. 78-582.
    North Carolina v. Connley.
   Sup. Ct. N. C. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of North Carolina v. Butler, ante, p. 369.


text:
    No. 78-1051.
    United States v. Finazzo et al.
   C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Dalia v. United States, ante, p. 238.


text:
    No. D-139.
    In re Disbarment of Wandel.
   Disbarment entered. [For earlier order herein, see 439 U. S. 906.]

      For the Court’s orders prescribing amendments to the Federal Rules of Appellate Procedure, see post, p. 971; amendments to the Rules of Criminal Procedure for the United States District Courts, see post, p. 987; amendments to the Rules Governing Proceedings in the United States District Courts under 28 U. S. C. §§ 2254 and 2255, see post, p. 1003; and an amendment to the Federal Rules of Evidence, see post, p. 1007.


text:
    No. 77-1465.
    No. 77-1491.
    Director, Office of Workers’ Compensation Programs, U. S. Department of Labor v. Rasmussen et al.; and Geo Control, Inc., et al. v. Rasmussen et al.,
   440 U. S. 29. Motion of respondents for clarification of order denying motion for award of attorney’s fees, entered April 2, 1979 [440 U. S. 978], denied.

Mr. Justice Powell took no part in the consideration or decision of this motion.


text:
    No. 77-1645.
    Transamerica Mortgage Advisors, Inc. (TAMA), et al. v. Lewis.
   C. A. 9th Cir. [Certiorari granted, 439 U. S. 952] ;


text:
    No. 77-1844.
    City of Mobile, Alabama, et al. v. Bolden et al.
   C. A. 5th Cir. [Probable jurisdiction noted, 439 U. S. 815];


text:
    No. 78-357.
    Williams et al. v. Brown et al.
   C. A. 5th Cir. [Probable jurisdiction noted, 439 U. S. 925];


text:
    No. 78-425.
    P. C. Pfeiffer Co., Inc., et al. v. Ford et al.
   C. A. 5th Cir. [Certiorari granted, 439 U. S. 978];


text:
    No. 78-5420.
    No. 78-5421.
    Payton v. New York; and Riddick v. New York.
   Ct. App. N. Y. [Probable jurisdiction noted, 439 U. S. 1044.] These cases are restored to the calendar for reargument.


text:
    No. 78-1006.
    Brown, Secretary of Defense, et al. v. Glines.
   C. A. 9th Cir. [Certiorari granted, 440 U. S. 957.] Motion of respondent for appointment of counsel granted, and it is ordered that David Michael Cobin, Esquire, of St. Paul, Minn., be appointed to serve as counsel for respondent in this case.


text:
    No. 78-6359.
    Green v. Ralston, U. S. Magistrate, et al.
   Motion for leave to file petition for writ of mandamus denied.


text:
    No. 78-385.
    Volpe et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1127.
    Bradford v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1179.
    Grant et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1206.
    Latshaw v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 78-1213.
    Paris v. Cooper et al.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 78-1221.
    Daniels v. Kieser.
   C. A. 7th Cir. Certio-rari denied.


text:
    No. 78-1222.
    Western Communications, Inc. v. Federal Communications Commission et al.
   C. A. D. C. Cir. Cer-tiorari denied.


text:
    No. 78-1275.
    Rinn et al. v. United States.
   C. 'A. 9th Cir. Certiorari denied.


text:
    No. 78-1278.
    John v. Government of the Virgin Islands.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1284.
    Bub Davis Packing Co., Inc. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1288.
    Higgins et al. v. Marshall, Secretary of Labor, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-1308.
    Florida Department of Health and Rehabilitative Services v. Califano, Secretary of Health, Education, and Welfare, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1337.
    Giliberto, Judge, et al. v. Compagnie Nationale Air France et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 78-1358.
    Frazier v. Kaplan, Judge, et al.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 78-1368.
    Consolidated Carriers Corp. et al. v. Cloak Dress Drivers & Helpers Union Local 102, International Ladies’ Garment Workers’ Union.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1370.
    California & Hawaiian Sugar Co. et al. v. California et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1376.
    Dresser Industries, Inc. v. Community Television Services, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-1381.
    Miami Copper Company Division, Tennessee Corp. v. Tax Commission of Arizona.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 78-1385.
    Lebowitz v. Florida.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 78-1392.
    Harrington v. Vandalia-Butler Board of Education.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1427.
    Ross et al. v. Swartzberg et al.
   C. A. 7th

Cir. Certiorari denied.


text:
    No. 78-1437.
    Gottesman et al. v. General Motors Corp. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1456.
    Baker et al. v. Elcona Homes Corp. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1473.
    Packard v. City of Vallejo.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 78-5552.
    Patman v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6007.
    Stewart v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6090.
    Kincaid v. Commissioner of Finance and Control of Connecticut et al.
   App. Sess., Super. Ct. Conn. Certiorari denied.


text:
    No. 78-6181.
    Prenzler v. United States District Court for the District of Arizona (Kleinman et al., Real Parties in Interest).
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6197.
    Soblotney v. United States.
   C. A. 4th

Cir. Certiorari denied.


text:
    No. 78-6214.
    Mason v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6216.
    Faris v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6221.
    Gallagher v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6226.
    No. 78-6227.
    McGowan v. United States; and Swiderski v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-6244.
    Gandolfo v. United States.
   C. A. 5th Cir.

Certiorari denied.


text:
    No. 78-6250.
    Crawford v. Jackson, Corrections Director, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-6256.
    Shepard v. Ohio.
   Ct. App. Ohio, Cham-paign County. Certiorari denied.


text:
    No. 78-6258.
    Waldron v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-6301.
    Cleveland v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 78-6318.
    Aponte v. Secretary of Health, Education, and Welfare.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-6325.
    Phelps v. Commissioner of Correction et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6326.
    Phelps v. Maryland et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6338.
    Posada v. Clanon, Medical Facility Superintendent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6341.
    Abram v. Louisiana.
   Sup. Ct. La. Cer-tiorari denied.


text:
    No. 78-6342.
    Miles v. Bordenkircher, Penitentiary Superintendent, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6343.
    Vaughn v. Oregon ex rel. Juvenile Department of Multnomah County.
   Ct. App. Ore. Cer-tiorari denied.


text:
    No. 78-6344.
    Dolen v. Television Station TV 12 et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-6346.
    Pleasant v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 78-6353.
    Cyrus v. Indiana.
   Sup. Ct. Ind. Certio-

rari denied.


text:
    No. 78-6360.
    Green v. Missouri Board of Probation and Parole.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6361.
    Cloudy v. Supreme Court of Indiana.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6363.
    Hightower v. Jago, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6365.
    McMillian v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 78-6366.
    Cloudy v. Court of Appeals of Indiana.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6372.
    Gingras v. Mason et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-6404.
    Goodwyn v. DeLuca, U. S. Attorney, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6408.
    Carter v. Robertson.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 78-6419.
    Vaughn v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 78-6425.
    Gordon v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-6441.
    Benns v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6448.
    Voorhees v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6460.
    Harvey v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 78-6464.
    McCall v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6465.
    Thornton v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6467.
    Luddington v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6471.
    Moreno v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6472.
    DiSilvestro v. Veterans’ Administration.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6473.
    Robinson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6476.
    Wilson v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6477.
    Heredia-Naranjo v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6484.
    Morrison v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6485.
    Marcantoni et ux. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6163.
    Washington v. Florida.
   Sup. Ct. Fla. Certiorari denied.

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentence in this case.


text:
    No. 76-6853.
    No. 78-1209.
    No. 78-6154.
    Randle et al. v. Beal, Secretary, Department of Public Welfare of Pennsylvania, et al., Richardson et al. v. United States, Lovallo v. Veterans’ Administration et al.,
   440 U. S. 957;

440 U. S. 947; and

440 U. S. 966. Petitions for rehearing denied.


text:
    No. 78-6035.
    No. 78-6048.
    Hernandez v. United States District Court for the Western District of Texas, Spenkelink v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida,
   440 U. S. 973; and

440 U. S. 976. Petitions, for rehearing denied.

Mr. Justice Powell took no part in the consideration or decision of these petitions.


text:
    May 1, 1979
    No. 78-1122.
    Grand Lodge of the International Association of Machinists & Aerospace Workers v. Benda et al.
   Certiorari dismissed under this Court’s Rule 60.


text:
    May 7, 1979
    No. 78-6167.
    Bayless v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari dismissed under this Court’s Rule 60.


text:
    May 14, 1979
    No. 78-1166.
    Church of Scientology of California et al. v. Blumenthal, Secretary of the Treasury, et al.
   Affirmed on appeal from D. C. C. D. Cal.

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


text:
    No. 78-1393.
    Cherry v. Secretary of the Treasury.
   Affirmed on appeal from D. C. S. D. N. Y.


text:
    No. 78-895.
    Satterfield v. Sunny Day Resources, Inc.
   Sup. Ct. Wyo. Appeal dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 78-1219.
    Morrill v. Janklow, Governor of South Dakota.
   Appeal from Sup. Ct. S. D. dismissed for want of substantial federal question.

Mr. Justice Brennan, Mr. Justice White, and Mr. Justice Blackmun would note probable jurisdiction and set ease for oral argument.


text:
    No. 78-1417.
    Hansen v. Minnesota State Board of Bar Examiners et al.
   Appeal from Sup. Ct. Minn, dismissed for want of substantial federal question.


text:
    No. 78-1508.
    Rudder et al. v. Wise County Housing and Redevelopment Authority.
   Appeal from Sup. Ct. Va. dismissed for want of substantial federal question.


text:
    No. 78-1401.
    City of Miami v. St. Joe Paper Co. et al.
   Appeal from Sup. Ct. Fla. dismissed for want of substantial federal question.


text:
    No. 78-1405.
    Thies v. Joint Bar Association Grievance Committee for the Second and Eleventh Judicial Districts.
   Appeal from Ct. App. N. Y. Motion of New York County Lawyers Assn, for leave to file a brief as amicus curiae granted. Appeal dismissed for want of substantial federal question.

Mr. Justice Brennan and Mr. Justice Powell would note probable jurisdiction and set case for oral argument.


text:
    No. 78-5441.
    Robinson, a minor, by Coe v. Kolstad et al.
   Appeal from Sup. Ct. Wis. dismissed for want of substantial federal question.

Mr. Justice Brennan, Mr. Justice White, and Mr. Justice Stevens would note probable jurisdiction and set case for oral argument.


text:
    No. 78-1194.
    Reeves, Inc. v. Kelley et al.
   C. A. 8th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Hughes v. Oklahoma, ante, p. 322.


text:
    No. 78-1375.
    United States v. Santora.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Dalia v. United States, ante, p. 238.


text:
      No. A-929.

    Frazier v. Barbera.
   Munic. Ct., Pasadena Jud. Dist., Cal. Application for stay, addressed to Mr. Justice Marshall and referred to the Court, denied.


text:
    No. A-955.
    Olson et al. v. United States.
   C. A. 5th Cir. Application for stay, addressed to Mr. Justice Brennan and referred to the Court, denied.


text:
    No. D-160.
    In re Disbarment of Fodiman.
   Aaron R. Fodiman of Arlington, Va., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on February 26, 1979 [440 U. S. 932], is hereby discharged.


text:
    No. D-161.
    In re Disbarment of Bong Hyun Kim.
   Bong Hyun Kim, of Chicago, Ill., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on February 26, 1979 [440 U. S. 933], is hereby discharged.


text:
    No. D-168.
    In re Disbarment of Powell.
   Paul Lee Powell, of Chicago, Ill., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on April 23, 1979 [ante, p. 920], is hereby discharged.


text:
    No. 77-1546.
    No. 78-303.
    Stafford, U. S. Attorney, et al. v. Briggs et al. Colby, Director, Central Intelligence Agency, et al. v. Driver et al.
   C. A. D. C. Cir. [Certiorari granted, 439 U. S. 1113]; and

C. A. 1st Cir. [Certiorari granted, 439 U. S. 1113.] Cases are restored to calendar for reargument.

Mr. Justice Marshall dissents. Mr. Justice White took no part in the consideration or decision of these orders.


text:
    No. 78-6543.
    Pavao v. Anderson, Warden.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 81,
    Orig.
    Kentucky v. Indiana et al.
   It is ordered that the Honorable Robert Yan Pelt, Senior Judge of the United States District Court for the District of Nebraska, be appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Master is directed to submit such reports as he may deem appropriate.

The Master shall be allowed his actual expenses. The allowances to him, the compensation paid to his technical, stenographic and clerical assistants, the cost of printing his report, and all other proper expenses shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.

It is further ordered that if the position of the Special Master in this case becomes vacant during a recess of the Court, The Chief Justice shall have authority to make a new designation which shall have the same effect as if originally made by the Court.

The motion of Public Service Company of Indiana, Inc., for leave to intervene is referred to the Special Master. [For earlier order herein, see 440 U. S. 902.]


text:
    No. 78-1201.
    Mobil Oil Corp. v. Commissioner of Taxes of Vermont.
   Appeal from Sup. Ct. Vt. Motions of Committee on State Taxation of the Council of State Chambers of Commerce and National Association of Manufacturers for leave to file briefs as am,id curiae granted. Probable jurisdiction noted. Mr. Justice Stewart took no part in the consideration or decision of this appeal.


text:
    No. 78-1175.
    Hatzlachh Supply Co., Inc. v. United States.
   Ct. Cl. Certiorari granted.


text:
    No. 78-1202.
    Chiarella v. United States.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 78-1248.
    GTE Sylvania, Inc., et al. v. Consumers Union of the United States, Inc., et al.
   C. A. D. C. Cir. Certiorari granted.


text:
    No. 78-1327.
    Boeing Co. v. Van Gemert et al.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 78-1418.
    Bloomer v. Liberty Mutual Insurance Co.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 78-1455.
    United States v. Gillock.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 78-1501.
    McLain et al. v. Real Estate Board of New Orleans, Inc., et al.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 78-1118.
    Forsham et al. v. Califano, Secretary of Health, Education, and Welfare, et al.
   C. A. D. C. Cir. Certiorari granted, and case set for oral argument in tandem with No. 78-1088, Kissinger v. Reporters Committee for Freedom of the Press, and No. 78-1217, Reporters Committee for Freedom of the Press v. Kissinger [certiorari granted, ante, p. 904].


text:
    No. 78-1453.
    United States et al. v. Euge.
   C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 78-765.
    Michigan v. Conner.
   Ct. App. Mich. Cer-tiorari denied.


text:
    No. 78-861.
    Glasscock v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 78-1111.
    Sielaff et al. v. Drew et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1176.
    Exxon Corp. et al. v. Federal Trade Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-1184.
    Boteler v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 78-1226.
    Otterbein v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1239.
    No. 78-1311.
    Safir v. Blackwell, Assistant Secretary of Commerce, et al.; and Safir v. American Export Lines, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1258.
    Schlanger v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1259.
    Shreeves v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 78-1265.
    Villanueva v. Immigration and Naturalization Service.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1287.
    American Maritime Assn. v. Blumenthal, Secretary of the Treasury, et al.
   C. A. D. C. Cir. Cer-tiorari denied.


text:
    No. 78-1295.
    Botero et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1296.
    Giacalone v. United States.
   C. A. 6th

Cir. Certiorari denied.


text:
    No. 78-1299.
    91.90 Acres of Lands, situate in Monroe County, Missouri v. United States.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 78-1302.
    Wall v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1306.
    Eastern Photographic Laboratories, Inc., et al. v. Braunstein.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1324.
    Jackson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1329.
    United States v. Navajo Tribe et al.
   Ct. Cl. Certiorari denied.


text:
    No. 78-1345.
    Ryan v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1356.
    Macomb Concrete Corp. v. Earl Dubey & Sons, Inc., et al.
   Ct. App. Mich. Certiorari denied.


text:
    No. 78-1359.
    Gunduy v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1394.
    Professional Air Traffic Controllers Organization v. Air Transport Association of America.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1408.
    Procell v. Louisiana.
   Sup. Ct. La. Cer-tiorari denied.


text:
    No. 78-1409.
    Williams v. Port Authority of New York and New Jersey et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1410.
    Heldon v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 78-1413.
    Sims, dba Bicentennial Shop v. KIRO, Inc.
   Ct. App. Wash. Certiorari denied.


text:
    No. 78-1419.
    Brockett, Prosecuting Attorney of Spokane County v. Spokane Arcades, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1434.
    Wilson v. Ohio.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 78-1439.
    Cohn et al. v. City of Norwalk Planning and Zoning Commission et al.
   Super. Ct. Conn., Fair-field County. Certiorari denied.


text:
    No. 78-1443.
    Strouse et al. v. Winter.
   Sup. Ct. Okla. Certiorari denied.


text:
    No. 78-1446.
    Barnes v. Chesapeake & Ohio Railway Co.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 78-1447.
    Strain et al. v. Turner et al.
   C. A. 5th

Cir. Certiorari denied.


text:
    No. 78-1450.
    Daley v. New Jersey.
   Super. Ct. N. J. Certiorari denied.


text:
    No. 78-1458.
    Patrolmen’s Benevolent Association of the City of New York, Inc. v. City of New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 78-1459.
    Feelings v. LeFevre, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1460.
    Apple Theatre, Inc. v. City of Seattle.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 78-1471.
    No. 78-6423.
    Little v. United States.; and Robertson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-1476.
    Lynch v. Indiana State University Board of Trustees.
   Ct. App. Ind. Certiorari denied.


text:
    No. 78-1490.
    Graham et al. v. Bucks County Board of Assessment Appeals.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 78-1497.
    Heavrin v. Kentucky Bar Assn.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 78-1503.
    Socialist Workers Party et al. v. Eu, Secretary of State of California.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1517.
    Hathorn, Mayor of Louisville, et al. v. Lovorn et al.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 78-1525.
    Nowlin v. City of Pearl, Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 78-1528.
    Scales v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1532.
    Mercuri v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-1543.
    Sperling v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1563.
    Henderson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1565.
    Aspuru et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1572.
    Herring v. United States.
   C. A. 5th Cir.

Certiorari denied.


text:
    No. 78-1574.
    Linares et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1594.
    Cohen v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-5968.
    No. 78-6149.
    No. 78-6161.
    Speech v. United States; Wilson v. United States; and Jones v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-5992.
    Ford v. Arkansas.
   Sup. Ct. Ark. Certio-rari denied.


text:
    No. 78-6050.
    Hauck v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6101.
    Rogers v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6129.
    Clenny v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 78-6137.
    Cannon v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6176.
    Robinson v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6194.
    Harries v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 78-6220.
    Pitts v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6222.
    Warrington v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6243.
    Simms v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6248.
    Peters v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6255.
    Parsells v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6271.
    Zeigler v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6288.
    Blackburn v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6291.
    Gomez v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6293.
    Johnson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6300.
    Fannon et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6315.
    Hodges et al. v. Government of the Canal Zone.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6376.
    Lantrip v. Estelle, Corrections Director, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6381.
    Warden v. Kansas.
   Sup. Ct. Kan. Certio-rari denied.


text:
    No. 78-6385.
    Roberts v. Jago, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6393.
    Miles v. McConkey.
   Ct. App. D. C. Cer-tiorari denied.


text:
    No. 78-6394.
    Balassy v. Court of Appeal of California, Second Appellate District.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6395.
    Bradford v. District of Columbia Hacker’s License Appeal Board.
   Ct. App. D. C. Certiorari denied.


text:
    No. 78-6414.
    May v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 78-6415.
    Travison v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 78-6416.
    Harrison v. Illinois et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6417.
    Green v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6421.
    Van Orden v. Arizona Board of Pardons and Paroles.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 78-6427.
    Cole v. Quick, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6430.
    Smith v. Superintendent, Powhatan Correctional Center.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 78-6433.
    Herrera v. Arizona.
   Sup. Ct. Ariz. Cer-tiorari denied.


text:
    No. 78-6434.
    Young, aka Cloudy v. Conn.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 78-6435.
    Young, aka Cloudy v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 78-6436.
    Young, aka Cloudy v. Garrettson.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 78-6442.
    Brown v. Barry, Mayor of Washington, D. C., et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 78-6452.
    Kingsbury v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 78-6494.
    Morton v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6498.
    Perez-Lopez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6499.
    Robinson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6501.
    Franklin v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6506.
    Battle v. United States District Court for the Eastern District of Kentucky.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6507.
    Murrell v. McCarter, Trustee in Bankruptcy.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6510.
    Goff v. Hilton, Prison Superintendent, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6513.
    Young Buffalo, aka Zauner v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6520.
    Davis v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6522.
    Dinsio v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6525.
    Gonzalez v. United States et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-6533.
    Dixon v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6535.
    Gore v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 78-6536.
    Woodall v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6539.
    In re A. O. S.
   Ct. App. D’. C. Certiorari denied.


text:
    No. 78-6544.
    Rodes v. Pristo et al.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 78-6558.
    Jones v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6559.
    Barron v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-1068.
    Pennsylvania v. Fant.
   Sup. Ct. Pa. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 78-1072.
    Ford Motor Credit Co. v. Edmondson.
   C. A. 5th Cir. Motion of National Consumer Finance Assn, et al. for leave to file a brief as amici curiae granted. Cer-tiorari denied.

Mr. Justice White would grant certiorari.


text:
    No. 78-1113.
    Rosas v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied. Mr. Justice Brennan would grant certiorari.


text:
    No. 78-1214.
    P. P. G., Inc., et al. v. California.
   App. Dept., Super. Ct. Cal., County of Los Angeles. Certiorari denied. Mr. Justice Brennan would grant certiorari.


text:
    No. 78-1196.
    County of Thurston, Nebraska v. Andrus, Secretary of the Interior, et al.
   C. A. 8th Cir. Certiorari denied.

Mr. Justice Blackmun would grant certiorari.


text:
    No. 78-1270.
    McDaniel v. United States.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice Brennan and Mr. Justice White would grant certiorari.


text:
    No. 78-1316.
    Flex-a-Lite Corp. v. Schwitzer Division, Wallace-Murray Corp.
   C. A. 7th Cir. Certiorari denied.

Mr. Justice Brennan and Mr. Justice White would grant certiorari.


text:
    No. 78-1298.
    No. 78-1430.
    Baird et al. v. Pratt, Commissioner, Department of Public Welfare of Massachusetts; and Preterm, Inc., et al. v. King, Governor of Massachusetts, et al.
   C. A. 1st Cir. Motions of Legal Defense Fund for Unborn Children for leave to file briefs as amicus curiae denied. Motions to appoint Alan Ernest as counsel for children unborn and born alive denied. Certio-rari denied.


text:
    No. 78-1313.
    Gateway Books, Inc., et al. v. Jackson, Mayor of Atlanta, et al.
   Sup. Ct. Ga. Certiorari denied.

Mr. Justice Brennan and Mr. Justice Stewart would grant certiorari.


text:
    No. 78-1431.
    Johnson Oil Co., Inc. v. Mountain Fuel Supply Co.
   C. A. 10th Cir. Certiorari denied.

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


author: Mr. Justice White,

text:
    No. 78-6073.
    Biles v. Watkins, Corrections Commissioner.
   Sup. Ct. Miss. Certiorari denied.

Mr. Justice White,

with whom Mr. Justice Brennan and Mr. Justice Marshall join, dissenting.

Petitioner was convicted of capital felony murder under § 97-3-19 (2)(e) of the Mississippi Code of 1972: “The killing of a human being . . . [w]hen done with or without any design to effect death, by any person engaged in the commission of the crime of . . . kidnapping . . . The Mississippi Supreme Court reversed the felony-murder conviction, finding insufficient proof of the crime of kidnaping. Biles v. State, 338 So. 2d 1004 (1976), cert. denied, 431 U. S. 940 (1977). Nonetheless, on the ground that the evidence was sufficient to sustain a conviction for the “lesser included offense” of “simple” murder, the court affirmed as to guilt and remanded for resentencing. 338 So. 2d, at 1005. Simple murder is defined in relevant part under § 97-3-19 (1) (a) as “[t]he killing of a human being . . . [w]hen done with deliberate design to effect the death of the person killed . . . .” Petitioner subsequently filed a pleading in the Mississippi Supreme Court that was treated as a petition for writ of error coram nobis and was denied without written opinion. Petitioner here seeks a writ of certiorari to review that judgment.

Whatever the phrase “lesser included offense” may connote under Mississippi law, it is apparent from the relevant Mississippi statutes that capital murder may be committed “without any design to effect death,” while simple murder requires “a deliberate design to effect . . . death.” Although overturning petitioner’s conviction for capital murder, the Mississippi Supreme Court, finding evidence of the necessary intent to kill, found petitioner guilty of simple murder and to this extent affirmed the conviction. Petitioner, however, was not tried by the jury for simple murder, and the judgment of the Mississippi court would appear infirm under Cole v. Arkansas, 333 U. S. 196, 201 (1948), where the Court held that “[i]t is as much a violation of due process to send an accused to prison following conviction of a charge on which he was never tried as it would be to convict him upon a charge that was never made.” Further, the right to a jury trial is rendered nugatory where an appellate court overturns the verdict on the only offense found by the jury to have been committed and imposes a conviction for an offense that includes an essential element not necessarily found by the jury. On the basis of the statutory definitions of the crimes involved, it appears that exactly that might have happened here.

It is true as the State contends that regardless of what the statutes say, the trial court, though it refused to give a direct simple-murder instruction, incorporated that instruction in one of its capital felony-murder instructions. Another capital felony-murder instruction, however, permitted guilt to be found if petitioner acted “either with or without deliberate design or intent [to] shoot, kill and murder . . . .” The State argues that even under the latter instruction, when considered as a whole, the jury would have realized that all the elements of simple murder had to be found. But it appears just as likely that when the jury convicted of capital murder, it heeded the direction that it could do so even if petitioner acted “without deliberate design or intent,” and there is no way to know which course the jury followed. One course, however, would mean that the State Supreme Court’s action was constitutionally forbidden, and in these circumstances the conviction cannot stand. See Eaton v. Tulsa, 415 U. S. 697, 699 n. (1974); Williams v. North Carolina, 317 U. S. 287, 291-292 (1942); Stromberg v. California, 283 U. S. 359, 367-368 (1931).

Accordingly, I dissent from denial of the petition for certiorari.

      In Presnell v. Georgia, 439 U. S. 14 (1978), we recently dealt with a somewhat similar situation. The State Supreme Court in that case had upheld the jury’s imposition of the death penalty on the ground that the killing in question occurred while Presnell was engaged in the commission of the offense of kidnaping with bodily injury. This conclusion was based on the court’s belief that there was sufficient evidence of forcible rape, which established the element of bodily harm. Because the jury had not based its penalty determination on this theory and had not made the key finding of forcible rape, we found that “fundamental principles of procedural fairness” had been violated, even though the indictment charged forcible rape and the jury was instructed on it. Id.., at 16. That case is quite similar to this in that the jury returned a verdict of guilty of “rape,” but that verdict was an unreliable indication of a finding of forcible rape because the jury had also been instructed on statutory rape. Id., at 15 n. 1.

       Instruction 2-S stated:
      “The Court instructs the jury that murder is the killing of a human being, without authority of law, by any means, or in any manner, when done with a deliberate design to effect the death of the person killed, and that if you believe from the evidence in this case beyond a reasonable doubt that the defendant did on or about the 18th day of February, 1975 unlawfully, wilfully, feloniously and of his malice aforethought, then and there, kill and murder one Henry Muller a human being, while he, the said Billy Glen Biles, was, then and there, engaged in the commission of kidnapping the said Henry Muller, by forcing the said Henry Muller to drive him the said Billy Glen Biles, at gun point, and do his bidding, then in that event, the defendant, Billy Glen Biles, is Guilty of Capital Murder, and it shall be your sworn duty to find the defendant guilty of Capital Murder.”

       Instruction 5-S stated:
      “The court instructs the jury that Capital Murder is the killing of a human being without authority of law, by any means or in any manner when done with, or without a deliberate design or intent to effect the death of the person killed, when said killing is done while engaged in the perpetration or commission of the crime of kidnapping. Therefore, the court further, instructs the jury that if you believe from the evidence in this case, beyond a reasonable doubt that the defendant, Billy Glen Biles, on the 18th day of February 1975, in Jackson County, Mississippi did unlawfully, wilfully and feloniously, with a design to kidnap Henry Muller, force the said Henry Muller to drive him and do his bidding, and while so engaged in kidnapping the said Henry Muller, the said Billy Glen Biles, did wilfully, unlawfully, feloniously and of his malice aforethought, either with or without deliberate design or intent, shoot, kill and murder the said Henry Muller, a human being, then in that event, it shall be your sworn duty to find the defendant guilty of capital murder.”


text:
    No. 78-6225.
    No. 78-6371.
    Voyles v. Mississippi. Songer v. Florida.
   Sup. Ct. Miss.; and

Sup. Ct. Fla. Cer-tiorari denied.

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.


text:
    No. 78-6429.
    Harvard v. Florida.
   Sup. Ct. Fla. Motion of petitioner to defer consideration of petition for writ of cer-tiorari and certiorari denied.


text:
    No. 77-1444.
    No. 77-1618.
    No. 78-1026.
    No. 78-1034.
    No. 78-1047.
    No. 78-1180.
    No. 78-1193.
    No. 78-5844.
    Johnson v. Abrams, Attorney General of New York, et al., Leis et al. v. Flynt et al., Klingaman, t/a Banner Sightseeing Co., et al. v. Sommers, Evans v. Andrejko et al., Horvat et al. v. Commissioner of Internal Revenue, Rosenthal v. Attorney Registration and Disciplinary Commission of Illinois, Carnow v. Attorney Registration and Disciplinary Commission of Illinois, Farrell v. Johnson,
   440 U. S. 945;

439 U. S. 438;

440 U. S. 959;

440 U. S. 916;

440 IT. S. 959;

440 IT. S. 961;

440 IT. S. 961; and

440 IT. S. 952. Petitions for rehearing denied.

Mr. Justice Powell took no part in the consideration or decision of these petitions.


text:
    No. 78-1188.
    No. 78-1225.
    No. 78-5916.
    No. 78-6089.
    No. 78-6143.
    No. 78-6169.
    No. 78-6190.
    No. 78-6192.
    No. 78-6290.
    No. 78-6348.
    Spickler v. Brengelmann et ux., Etkes v. Bartell Media Corp. et al., Veal v. Illinois, Blanton v. Engle, Correctional Superintendent, et al., Jawa v. Fayetteville State University et al., Hohensee v. Spadine, Delespine v. Estelle, Corrections Director, Wood v. Jeffes, Correctional Superintendent, et al., Rowan v. United States, Gordon v. United States,
   440 U. S. 971;

440 U. S. 978;

ante, p. 908;

440 U. S. 979;

440 U. S. 974;

440 U. S. 974;

440 U. S. 984;

440 U. S. 984;

440 U. S. 976; and

ante, p. 912. Petitions for rehearing denied.

Mr. Justice Powell took no part in the consideration or decision of these petitions.


text:
    No. 78-5535.
    Bodde v. Texas,
   440 U. S. 968. Motion for leave to file petition for rehearing denied.


text:
    May 17, 1979
    No. 78-1400.
    Cowles Broadcasting, Inc., et al. v. Central Florida Enterprises, Inc., et al.
   C. A. D. C. Cir. Certiorari dismissed under this Court’s Rule 60.


text:
    May 21, 1979
    No. 78-1300.
    General Warehousemen & Helpers Local 767 v. Standard Brands, Inc.
   C. A. 5th Cir. Certiorari dismissed under this Court’s Rule 60.


text:
    No. 78-1314.
    Spencer v. Spencer.
   Appeal from Ct. App. N. C. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of cer-tiorari, certiorari denied.


text:
    No. A-946.
    Benefield v. Florida.
   Application to continue stay of mandate of the Supreme Court of Florida, addressed to Mr. Justice Marshall and referred to the Court, denied.


text:
    No. A-949 (78-6620).
    Cardillo v. United States Parole Commission et al.
   C. A. 3d Cir. Application for release from custody, addressed to Mr. Justice Stewart and referred to the Court, denied.


text:
    No. A-957.
    Behnke v. Committee on Professional Ethics and Conduct of Iowa State Bar Assn.
   Sup. Ct. Iowa. Application for stay of disciplinary sentence, presented to Mr. Justice Blackmun, and by him referred to the Court, denied.

Mr. Justice Blackmun would grant the application.


text:
    No. A-970.
    Haynie v. United States.
   C. A. 4th Cir. Application for bail pending appeal, presented to The Chief Justice, and by him referred to the Court, denied.


text:
    No. A-995.
    Gomes v. Rhode Island Interscholastic League et al.
   Application to vacate stay entered by the United States Court of Appeals for the First Circuit, presented to Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    No. D-137.
    In re Disbarment of Gilbert.
   Disbarment entered. [For earlier order herein, see 439 U. S. 905.]


text:
    No. D-156.
    In re Disbarment of Falk.
   Disbarment entered. [For earlier order herein, see 439 U. S. 1124.]


text:
    No. D-163.
    In re Disbarment of Reedy.
   James Phillip Reedy, of Pompano Beach, Fla., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on April 23, 1979 [ante, p. 919]', is hereby discharged.


text:
    No. 78,
    Orig.
    California v. Arizona et al.
   It is ordered that Honorable Roy W. Harper, Senior Judge for the United States District Court for the Eastern and Western Districts of Missouri, be appointed Special Master in this case with authority’ to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Master is directed' to submit such reports as he may deem appropriate.

The Master shall be allowed his actual expenses. The allowances to him, the compensation paid to his technical, stenographic and clerical assistants, the cost of printing his report, and all other proper expenses shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.

It is further ordered that if the position of Special Master in this case becomes vacant during a recess of the Court, The Chief Justice shall have authority to make a new designation which shall have the same effect as if originally made by the Court. [For earlier order herein, see 439 U. S. 812.]


text:
    No. 77-1511.
    Califano, Secretary of Health, Education, and Welfare v. Yamasaki et al.
   C. A. 9th Cir. [Cer-tiorari granted, 439 U. S. 816.] Motion for leave to substitute Nancy Yamasaki in place of Evelyn Elliott, deceased, as a party respondent, granted.


text:
    No. 78-1155.
    Vitek, Correctional Director, et al. v. Jones.
   D. C. Neb. [Probable jurisdiction postponed, ante, p. 922.] Motion for appointment of counsel granted, and it is ordered that Thomas A. Wurtz, Esquire, of Lincoln, Neb., be appointed to serve as counsel for appellee in this case.


text:
    No. 78-6595.
    Nicholas v. Fenton, Warden, et al.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 78-1268.
    Martinez et al. v. California et al.
   Appeal from Ct. App. Cal., 4th App. Dist. Probable jurisdiction noted.


text:
    No. 78-1513.
    United States v. Clark, Guardian.
   Appeal from Ct. Cl. Further consideration of question of jurisdiction postponed to hearing of case on the merits.


text:
    No. 78-1007.
    Fullilove et al. v. Kreps, Secretary of Commerce, et al.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 78-6386.
    Rummel v. Estelle, Corrections Director.
   C. A. 5th Cir. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 77-6443.
    Kraemer v. Mental Health Board of Nebraska et al.
   Sup. Ct. Neb. Certiorari denied.


text:
    No. 78-1279.
    Arabian et al. v. Daley et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-1341.
    Walls v. Tubbs.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1319.
    South Dakota v. Adams, Secretary of Transportation, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-1342.
    Blackburn et al. v. Minor.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1365.
    Hough et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1384.
    Proesel et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1389.
    No. 78-1415.
    Dyar v. United States; and Hall v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1406.
    McCarthy et ux. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1429.
    Costanzo v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1475.
    Pence v. Brown, Secretary of Defense, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1478.
    Jaffee et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1481.
    Good Government Group of Seal Beach, Inc., et al. v. Hogard.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 78-1488.
    Bradford Coal Co., Inc. v. Baughman et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1489.
    McNulty v. Hawaii.
   Sup. Ct. Hawaii. Certiorari denied.


text:
    No. 78-1507.
    Rickman v. Modern American Mortgage Corp. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1509.
    Karabatsos v. Vander Zee.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-1510.
    Binder v. Official Creditors’ Committee.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1511.
    Murphy et al. v. Board of Education of the City of St. Louis et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-1530.
    Miller et al. v. Federal Land Bank of Spokane.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1624.
    No. 78-6568.
    No. 78-6579.
    Andrews et al. v. United States; Hall v. United States; and Martin v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1641.
    Parker v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6144.
    Mitchell v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6204.
    No. 78-6304.
    Clayton v. United States; and Davis et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6218.
    Oliphant v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6235.
    Barksdale v. Sielaff.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 78-6205.
    Raicevich v. Illinois.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 78-6240.
    Carney v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 78-6260.
    Ordonez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6308.
    Rector v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6330.
    Velez v. Secretary of Health, Education, and Welfare.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-6340.
    Neiswender v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6349.
    Jones v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6350.
    Sremaniak v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 78-6354.
    Potestio v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6356.
    Fields v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-6379.
    Howe et al. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6418.
    Bloeth v. Henderson, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6440.
    Hendricks v. Florida.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 78-6444.
    Smith v. Kansas.
   Sup. Ct. Kan. Certio-rari denied.


text:
    No. 78-6445.
    Linebarger v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 78-6446.
    Jennings, aka Abdullah v. Oklahoma et al.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 78-6449.
    Webb v. Balson, State Hospital Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6451.
    Reeves v. Arkansas.
   Sup. Ct. Ark. Cer-tiorari denied.


text:
    No. 78-6453.
    Davis v. Brown.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 78-6455.
    Van Cliff v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 78-6461.
    Pleasant v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 78-6463.
    Carter v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 78-6470.
    Wills et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6475.
    Haughey v. New York State Board of Law Examiners.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 78-6519.
    Montez v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6534.
    Washington v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6552.
    Semaan v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6560.
    Watson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6562.
    Soto-Camarena v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6563.
    Hufault v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6570.
    Wesson et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6573.
    Sheffield v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 78-6574.
    Perkins v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6578.
    Bartlett v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 78-6583.
    Lizarraga v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6584.
    Boggs v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1172.
    Tormey et al. v. De La Cruz et al.
   C. A. 9th Cir. Motion of respondents for leave to proceed in forma pauperis granted. Motion of respondents to add parties or; in the alternative, motion of Mary Evans et al. for leave to intervene denied. Certiorari denied.


text:
    No. 78-6588.
    Helton v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6590.
    Howell v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1237.
    Croatan Books, Inc. v. Virginia.
   Sup. Ct. Va. Certiorari denied.

Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall would grant certiorari and reverse the conviction.


text:
    No. 78-1238.
    Croatan Books, Inc. v. Virginia.
   Sup. Ct. Va. Certiorari denied.

Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall would grant certiorari and reverse the conviction.


text:
    No. 78-1271.
    North Carolina v. Ashe et al.
   C. A. 4th Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 78-1343.
    Beaubouef et al. v. Mitchell et al.
   C. A. 5th Cir. Motion of respondent Arthur Mitchell for leave to proceed in forma pauperis granted. Certiorari denied.


author: Mr. Justice Marshall,

text:
    No. 78-1380.
    Peary, aka Peay v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.

Mr. Justice Marshall,

dissenting.

Petitioner challenges the admission into evidence of a partially masked mug shot. In my view, displaying to the jury a mug shot of a criminal defendant creates the same potential for prejudice as forcing him to stand trial in prison attire. See Estelle v. Williams, 425 U. S. 501, 503-506 (1976). Particularly since the Connecticut Supreme Court conceded that the mug shot of petitioner was of “limited probative value,” its use at trial raises substantial questions under the Sixth and Fourteenth Amendments. Accordingly, I would grant cer-tiorari and set the case for argument.


text:
    No. 78-1438.
    Illinois Office of Education v. Jennings.
   C. A. 7th Cir. Certiorari denied.

Mr. Justice Powell would grant certiorari.


text:
    No. 78-1466.
    Ply*Gem Industries, Inc., et al. v. John M. Lee, Inc., et al.
   C. A. D. C. Cir. Certiorari denied.

Mr. Justice White would grant certiorari.


author: Mr. Justice Brennan,

text:
    No. 78-6140.
    Morgan v. Georgia.
   Sup. Ct. Ga. Certio-rari denied.

Mr. Justice Marshall would grant certiorari and set the case for oral argument.

Mr. Justice Brennan,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227 (1976), I would grant certiorari and vacate the death sentence in this case.


text:
    No. 78-6223.
    No. 78-6275.
    No. 78-6310.
    No. 78-6443.
    Von Byrd v. Texas. Berryhill v. Zant, Warden. Smith v. Virginia. Goode v. Florida.
   Ct. Crim. App. Tex.;

Sup. Ct. Ga.;

Sup. Ct. Va.; and

Sup. Ct. Fla. Certio-rari denied.

Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.


text:
    No. 78-1496.
    Local 13000, United Steelworkers of America, AFL-CIO-CLC v. Parson et al.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice Stevens took no part in the consideration of this petition.


text:
    No. 77-1833.
    No. 78-1216.
    No. 78-6289.
    Sun Oil Company of Pennsylvania v. Unemployment Compensation Board of Review of Pennsylvania et al., British Airways Board v. Boeing Co., Czornonoh v. United States Secret Service; and Czornonoh v. Stallard et al.,
   440 U. S. 977;

440 U. S. 981; and

ante, p. 912. Petitions for rehearing denied.

Mr. Justice Powell took no part in the consideration or decision of these petitions.