text:
    No. 78-946.
    Equal Employment Opportunity Commission et al. v. Burlington Northern, Inc., et al.
   C. A. 7th Cir. Certiorari denied.

Mr. Justice Brennan would grant certiorari.


source: Caselaw Access Project

license: Public Domain

text:
    No. 78-1054.
    Sealy, Inc., et al. v. Ohio-Sealy Mattress Manufacturing Co. et al.
   C. A. 7th Cir. Motion of Certain Sealy Licensees for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 78-5746.
    Kasto v. United States.
   C. A. 8th Cir. Certiorari denied.

Mr. Justice Powell would grant cer-tiorari.


text:
    No. 78-5750.
    Evans v. Alabama.
   Sup. Ct. Ala. Motion of petitioner to withdraw petition and 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. 78-5850.
    Burke v. Miller.
   C. A. 4th Cir. Certio-rari denied.

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


text:
    No. 78-5978.
    Cox v. North Carolina.
   Ct. App. N. C. Certiorari denied.

Mr. Justice Marshall would grant cer-tiorari.


text:
    No. 78-5914.
    Schreibman v. Walter E. Heller & Company of Puerto Rico et al.
   C. A. 1st Cir. Petition for rehearing on order denying Las Colinas Development Corp. leave to proceed in forma pauperis, 439 U. S. 1063, denied. Certiorari denied.


text:
    No. 78-589.
    No. 78-606.
    No. 78-607.
    No. 78-801.
    No. 78-5321.
    No. 78-5457.
    No. 78-5520.
    No. 78-5683.
    No. 78-5700.
    No. 78-5721.
    No. 78-5788.
    No. 78-5794.
    Poe v. United States, Pacific Telephone & Telegraph Co. v. Public Utilities Commission of California et al., General Telephone Company of California v. Public Utilities Commission of California et al., Kirk v. United States, Adams v. Florida, Glover v. Dolan, Sheriff, Jones v. United States, Olvera v. United States, Patterson v. Thompson, Warden, et al., Morrow v. Igleburger et al., Porter v. Continental Bank et al., Greene v. United States,
   439 U. S. 1047;

439 U. S. 1052;

439 U. S. 1052;

439 U. S. 1048;

439 U. S. 947;

439 U. S. 1075;

439 U. S. 1075;

439 U. S. 1078;

439 U. S. 1078;

439 U. S. 1118;

439 U. S. 1119; and

439 U. S. 1081. Petitions for rehearing denied.


text:
    No. 76-1694.
    Mobil Oil Corp. v. Lightcap et al.,
   434 U S. 876. Motion of Continental Oil Co. for leave to file a brief as amicus curiae granted. Petition for rehearing denied.

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


text:
    No. 78-5375.
    No. 78-5512.
    Gallagher v. Florida, Nicholas v. Tennessee Department of Employment Security et al.,
   439 U. S. 1005;’ and

439 U. S. 988. Motions for leave to file petitions for rehearing denied.


text:
    February 23, 1979
    No. A-748.
    Executive Jet Aviation, Inc. v. Estate of Green et al.
   Application for stay of orders of the United States District Court for the Eastern District of Michigan, dated February 9, 1979, and to enjoin Michigan state court proceedings, presented to Mr. Justice White, and by him referred to the Court, denied.


text:
    February 26, 1979
    No. D-136.
    In re Disbarment of Bremers.
   Disbarment entered. [For earlier order herein, see 439 U. S. 905.]


text:
    No. D-144.
    In re Disbarment of Hirsch.
   Disbarment entered. [For earlier order herein, see 439 U. S. 975.]


text:
    No. D-145.
    In re Disbarment of Shaker.
   Disbarment entered. [For earlier order herein, see 439 U. S. 975.]


text:
    No. D-148.
    In re Disbarment of Clem.
   Disbarment entered. [For earlier order herein, see 439 U. S. 975.]


text:
    No. D-150.
    In re Disbarment of Gillard.
   Disbarment entered. [For earlier order herein, see 439 U. S. 1042.]


text:
    No. D-155.
    In re Disbarment of Reaves.
   It is ordered that John Laverne Reaves, of Loris, S. C., 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-160.
    In re Disbarment of Fodiman.
   It is ordered that Aaron R. Fodiman, of Arlington, Va., 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-157.
    In re Disbarment or Mitchell.
   It is ordered that Robert B. Mitchell, Jr., of Bethlehem, Pa., 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-158.
    In re Disbarment of Herman.
   It is ordered that Harold C. Herman, of Woodmere, 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-161.
    In re Disbarment of Bong Hyun Kim.
   It is ordered that Bong Hyun Kim, 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. 77-1844.
    City of Mobile, Alabama, et al. v. Bolden et al.
   C. A. 5th Cir. [Probable jurisdiction noted, 439 U. S. 815.] Motion of Lawyers Committee for Civil Rights Under Law for leave to file a brief as amicus curiae granted.


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.] Motions of National Association of Stevedores, Alliance of American Insurers et al., and International Longshoremen’s Assn., AFL-CIO, for leave to file briefs as amici curiae granted.


text:
    No. 78-482.
    Smith, Judge, et al. v. Daily Mail Publishing Co. et al.
   Sup. Ct. App. W. Ya. [Certiorari granted, 439 U. S. 963.] Motions of American Society of Newspaper Editors et al., American Newspaper Publishers Assn., Chicago Tribune Co., and American Civil Liberties Union for leave to file briefs as amici curiae granted.


text:
    No. 78-910.
    Occidental of Umm Al Qaywayn, Inc. v. Cities Service Oil Co. et al.
   C. A. 5th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 78-1281.
    Iowa Beef Processors, Inc. v. Smith.
   C. A. 8th Cir. Motion of petitioner for preliminary injunction denied.


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.] Motion of appellee for additional time for oral argument denied.


text:
    No. 78-6106.
    Ryan et al. v. United States Court of Appeals for the Seventh Circuit.
   Motion for leave to file petition for writ of mandamus denied..

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


text:
    No. 78-1076.
    Rhode Island v. Innis.
   Sup. Ct. R. I. Certiorari granted.


text:
    No. 78-5705.
    Trammel v. United States.
   C. A. 10th Cir. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 78-739.
    General Motors Corp. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-865.
    Peoples Savings & Loan Association of Chillicothe v. Christison, Trustee in Bankruptcy.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-829.
    Blue v. Iowa.
   Ct. App. Iowa. Certiorari denied.


text:
    No. 78-868.
    Hummel v. Virginia.
   Sup. Ct. Va. Cer-tiorari denied.


text:
    No. 78-877.
    Connolly et al. v. Pension Benefit Guaranty Corp.
   0. A. 9th Cir. Certiorari denied.


text:
    No. 78-882.
    No. 78-885.
    Forster v. United States; and Romero v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 585 F. 2d 391.


text:
    No. 78-908.
    DeAngelo v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-915.
    Broussard v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-921.
    Rucci v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-925.
    Oregon State Penitentiary et al. v. Hammer.
   Sup. Ct. Ore. Certiorari denied.


text:
    No. 78-943.
    Thompson v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-970.
    Rowlett et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-978.
    International Longshoremen’s & Warehousemen’s Union, Local 13 v. National Labor Relations Board.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-984.
    Carr v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 78-1002.
    Gough, Trustee in Bankruptcy v. Rossmoor Corp. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1058.
    Denis J. O’Connell High School v. Virginia High School League et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1064.
    Kaercher et al. v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 78-1066.
    American Industries Corp. v. Sharon Steel Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1067.
    Pador v. Territory of Guam.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1070.
    Kohlberg v. Walker.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 78-1075.
    Star Fish & Oyster Co., Inc., et al. v. Claborn.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1079.
    Pope v. City of Atlanta et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 78-1083.
    Kornit v. Board of Education of Plainview-Old Bethpage School District, Plainview, New York.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1086.
    Etchieson v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 78-1094.
    Gust Construction Co., Inc., et al. v. Hub Electric Co., Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1110.
    Beer, Judge v. Secretary of State of Michigan et al.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 78-5629.
    Lebedun v. Day et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-5718.
    Cotton, aka Hailey v. Dorsey, Sheriff.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-5723.
    Cross v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 78-5757.
    No. 78-5979.
    Miller v. United States; and Miller v. United States.
   C. A. 6th Cir. Certiorari denied. Reported below: 586 F. 2d 845.


text:
    No. 78-5798.
    Riddle v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 78-5818.
    McKee et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-5825.
    Rodriguez v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 78-5876.
    Geary v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-5954.
    Teplitsky v. Environmental Protection Agency et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-5957.
    Sumpter v. United States.
   Ct. Cl. Cer-tiorari denied.


text:
    No. 78-5993.
    Arnold v. Kentucky.
   Ct. App. Ky. Cer-tiorari denied.


text:
    No. 78-5998.
    Holdman et al. v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 78-6001.
    Echols v. DeKalb County, Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 78-6003.
    Krug v. Hilton, Prison Superintendent, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6006.
    Lopez v. Malley, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6008.
    Shaw v. Caryl.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 78-6009.
    Basaman v. McMahon.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 78-6013.
    Scarboro v. North Carolina.
   Ct. App. N. C. Certiorari denied.


text:
    No. 78-6014.
    Smart v. Ziegler, Correctional Superintendent, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6017.
    Poole v. Henderson, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6045.
    Bradley et vir v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 78-6103.
    Miller v. Hunt et al.
   Sup. Ct. Idaho. Certiorari denied.


text:
    No. 78-6104.
    Bridges v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 78-6108.
    Seidel v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6117.
    Smith v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6124.
    Lynch et al. v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-6136.
    Shepherd v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6146.
    Fairorth v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-718.
    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. 78-757.
    Echols v. United States.
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 78-775.
    New York v. Tompkins.
   Ct. App. N. Y. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 78-960.
    Collins v. United States.
   C. A. 10th Cir. Motion of petitioner to supplement petition granted. Cer-tiorari denied.


text:
    No. 78-982.
    Spectrofuge Corp. v. Beckman Instruments, Inc.
   C. A. 5th Cir. Certiorari denied. Mr. Justice White would grant certiorari.


text:
    No. 78-1030.
    Epstein et al. v. Goodman et al.
   C. A. 7th Cir. Certiorari denied.

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


text:
    No. 78-998.
    Anderson, Warden v. Stroble.
   C. A. 6th Cir. Motion of Wayne County Prosecuting Attorney for leave to file a brief as amicus curiae granted. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 78-1095.
    Kumar v. Ingram, Administratrix.
   C. A. 2d Cir. Certiorari denied.

Mr. Justice Blackmun would grant certiorari.


text:
    No. 77-388.
    No. 78-5290.
    No. 78-5853.
    Washington et al. v. Confederated Bands & Tribes of the Yakima Indian Nation, Ezzell v. Los Angeles County Department of Adoptions, Hutter v. Faber et al.,
   439 U. S. 463;

439 U. S. 1060; and

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


text:
    No. 78-308.
    Mobay Chemical Corp. v. Costle, Administrator, Environmental Protection Agency,
   439 U. S. 320. Petition for rehearing denied.

Mr. Justice Blackmun dissents.


text:
    No. 78-5359.
    Jones v. Morris, Warden,
   439 U. S. 1090. Petition for rehearing and other relief denied.


text:
    March 5, 1979
    No. 78-683.
    Century 21 Real Estate Corp. et al. v. Nevada Real Estate Advisory Commission et al.
   Appeal from D. C. Nev. Motion of United States Trademark Assn, for leave to file a brief as amicus curiae granted. Judgment affirmed.


text:
    No. 78-1102.
    Ashcroft, Attorney General of Missouri, et al. v. Freiman et al.
   Appeal from C. A. 8th Cir. Motion of Legal Defense Fund for Unborn Children for leave to file a brief as amicus curiae denied. Motion of Alan Ernest for appointment of counsel for children unborn and born alive denied. Judgment affirmed.

Mr. Justice White and Mr. Justice Rehnquist would note probable jurisdiction and set case for oral argument.


text:
    No. 77-1257.
    Schmier v. Trustees of California State University and Colleges et al.
   Appeal from Ct. App. Cal., 4th App. Dist., dismissed for want of substantial federal question.


author: Mr. Justice Stevens,

text:
    No. 78-762.
    Kraham v. Florida.
   Appeal from Sup. Ct. Fla. dismissed for want of substantial federal question.

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

Mr. Justice Stevens,

concurring.

If the Court were to note probable jurisdiction, I would vote to reverse the judgment of the Supreme Court of Florida for the reasons stated in the dissenting opinion of Justice Adkins and in my dissenting opinion in Smith v. United States, 431 U. S. 291, 311. I have not, however, voted to set the case for argument because the State Supreme Court’s judgment is consistent with this Court’s recent holdings.


text:
    No. 78-642.
    Thornburgh, Governor of Pennsylvania, et al. v. Casey, Treasurer of Pennsylvania, et al.
   Appeal from Sup. Ct. Pa. dismissed for want of substantial federal question.

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


text:
    No. 78-5760.
    Carter v. Texas.
   Appeal from Ct. Crim. App. Tex. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 78-5833.
    Gonzalez v. New York.
   Appeal from App. Div., Sup. Ct. N. Y., 1st Jud. Dept., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

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


text:
    No. 77-580.
    Proctor et al. v. State Farm Mutual Automobile Insurance Co. et al.
   C. A. D. C. Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Group Life & Health Insurance Co. v. Royal Drug Co., ante, p. 205.


text:
    No. 8,
    Orig.
    Arizona v. California et al.
   Motion of the

United States for modification of Decree of this Court entered on March 9, 1964 [376 U. S. 340], is referred to the Special Master.

Mr. Justice Marshall took no part in the consideration or decision of this matter.

[For earlier order herein, see, e. g., 439 U. S. 419.]


text:
    No. 67,
    Orig.
    Idaho ex rel. Evans, Governor of Idaho, et al. v. Oregon et al.
   Report of Special Master received and ordered filed. Exceptions, if any, with supporting briefs, to the Report of the Special Master may be filed by the parties on or before May 3, 1979. Reply briefs, if any, to such exceptions may be filed on or before June 2, 1979. The Solicitor General is invited to file a brief in this case expressing the views of the United States. [For earlier order herein, see, e. g., 431 U. S. 952.]


text:
    No. A-715.
    Clark et al. v. O’Brien et al.
   Sup. Ct. N. J. Reapplication for stay, addressed to Mr. Justice Blackmun and referred to the Court, denied.


text:
    No. 77-1511.
    Califano, Secretary of Health, Education, and Welfare v. Elliott et al.
   C. A. 9th Cir. [Cer-tiorari granted, 439 U. S. 816.] Motion of Gray Panthers for leave to file a brief as amicus curiae granted.


text:
    No. 77-1645.
    Transamerica Mortgage Advisors, Inc. (TAMA), et al. v. Lewis.
   C. A. 9th Cir. [Certiorari granted, 439 U. S. 952.] Motion of Mary Sullivan et al. for leave to file a brief as amici curiae granted. Motion of the Solicitor General for divided argument granted.


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]; and


text:
    No. 78-357.
    Williams et al. v. Brown et al.
   C. A. 5th Cir. [Probable jurisdiction noted, 439 U. S. 925.] Motion of appellees to consolidate these cases for oral argument granted. Allocation of time and order of argument as set forth in the motion are approved.


text:
    No. 78-223.
    National Labor Relations Board v. Baptist Hospital, Inc.
   C. A. 6th Cir. [Certiorari granted, 439 U. S. 1065.] Motion of Local 150-T, Service Employees International Union, AFL-CIO, for leave to intervene granted.


text:
    No. 78-160.
    No. 78-161.
    Wilson et al. v. Omaha Indian Tribe et al.; and Iowa et al. v. Omaha Indian Tribe et al.
   C. A. 8th Cir. [Certiorari granted, 439 U. S. 963.] Motion of Native American Rights Fund et al. for leave to file a brief as amici curiae granted.


text:
    No. 78-354.
    North Carolina v. Butler.
   Sup. Ct. N. C. [Certiorari granted, 439 U. S. 1046.] Motion of Americans for Effective Law Enforcement, Inc., et al. for leave to file a brief as amici curiae granted.


text:
    No. 78-437.
    No. 78-689.
    Califano, Secretary of Health, Education, and Welfare v. Westcott et al.; and Sharp, Commissioner, Department of Public Welfare of Massachusetts v. Westcott et al.
   D. C. Mass. [Probable jurisdiction noted, 439 U. S. 1044.] Motion of appellant in No. 78-689 for additional time for oral argument granted, and five additional minutes allotted for that purpose. Appellees in these cases also allotted five additional minutes for oral argument.


text:
    No. 78-759.
    Leroy, Attorney General of Idaho, et al. v. Great Western United Corp.
   C. A. 5th Cir. [Probable jurisdiction noted, 439 U. S. 1065.] Motion of the Solicitor General to permit the Securities and Exchange Commission to participate in oral argument as amicus curiae granted, and 15 additional minutes allotted for that purpose. Appellant also allotted 15 additional minutes for oral argument.


text:
    No. 78-6032.
    Oronoz v. United States District Court for the District of Puerto Rico et al.
   Motion for leave to file petition for writ of mandamus denied.


text:
    No. 78-874.
    Roth et al. v. Bank of the Commonwealth.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 78-572.
    United States Parole Commission et al. v. Geraghty.
   C. A. 3d Cir. Certiorari granted and case set for oral argument in tandem with No. 78-904, Deposit Guaranty National Bank v. Roper, immediately infra. Motion to substitute members of a putative class as respondents or in the alternative to intervene is deferred to hearing of the case on the merits.


text:
    No. 78-904.
    Deposit Guaranty National Bank of Jackson, Mississippi v. Roper et al.
   C. A. 5th Cir. Certiorari granted limited to Questions 1 and 2 presented by the petition. Case set for oral argument in tandem with No. 78-572, United States Parole Commission v. Geraghty, immediately supra.


text:
    No. 77-1444.
    Johnson v. Abrams, Attorney General of New York, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 77-1517.
    Garrison et al. v. Gault.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-240.
    Palmer v. Ticcione et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-486.
    Council for Employment and Economic Energy Use v. WHDH Corp. et al.
   C. A. 1st Cir. Certio-rari denied.


text:
    No. 78-845.
    Penoli v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 78-867.
    Norman v. Smith et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-893.
    Peltier v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-913.
    Beil et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-917.
    Beran v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-945.
    Borough of Ellwood City v. Federal Energy Regulatory Commission et al.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 78-974.
    Milwaukee County v. City of Milwaukee et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-980.
    Grand Trunk Western Railroad Co. v. Barrett.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-981.
    Graves et ux. v. Commissioner of Internal Revenue.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-985.
    Gregory-Portland Independent School District et al. v. Texas Education Agency et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-999.
    Steers Tank Lines, Inc. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1001.
    West et al. v. Harris, Secretary, Department of Housing and Urban Development.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1025.
    Parker v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1087.
    Siverling v. Pennsylvania.
   Super Ct. Pa. Certiorari denied.


text:
    No. 78-1101.
    Biancone v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 78-1104.
    Adams et al. v. Reimer.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1115.
    Daytona Beach Racing and Recreational Facilities District et al. v. County of Volusia et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1116.
    Shell Oil Co. v. Deukmejian, Attorney General of California.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1151.
    Safe Stop Brake Corp. v. General Motors Corp.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1171.
    Singleton v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 78-1198.
    Miller v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1208.
    Curtis Circulation Co. v. Gould Paper Corp.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1209.
    Richardson et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1235.
    Cobb v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-5223.
    Beasley v. United States.
   C. A. 5th dr. Certiorari denied.


text:
    No. 78-5610.
    Tranowski v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-5761.
    Preston v. Estelle, Corrections Director.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 78-5767.
    Mitchell v. Virginia.
   Sup. Ct. Va. Cer-tiorari denied.


text:
    No. 78-5777.
    Palmer v. Kapner, Judge.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 78-5863.
    Pilkington v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-5950.
    Haywood v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 78-5956.
    Brown v. United States.
   Ct. Cl. Certio-rari before judgment denied.


text:
    No. 78-5965.
    Dickerson v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 78-6022.
    Hafen v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 78-6023.
    Smith v. Warden, Menard Correctional Center.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6024.
    Sulie v. Indiana.
   Sup. Ct. Ind. Certio-rari denied.


text:
    No. 78-6026.
    Mapp v. Clement, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6036.
    Garcia v. Malley, Warden.
   C. A. 10th

Cir. Certiorari denied.


text:
    No. 78-6046.
    Campbell v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 78-6038.
    Wright v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 78-6042.
    Lusk v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 78-6043.
    Tidwell v. Atwood, Commissioner of Johnson County, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6047.
    Simpson v. Ohio.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 78-6049.
    Aragon v. Malley, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6053.
    Phillips v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 78-6121.
    Snow, Administratrix v. Transit Casualty Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6145.
    Dooley v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6156.
    Taylor v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6162.
    Mendoza-Cardenas v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-774.
    Reporters Committee for Freedom of the Press et al. v. American Telephone & Telegraph Co. et al.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 78-789.
    Clark v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.

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


text:
    No. 78-906.
    Otter Tail Power Co. v. Federal Energy Regulatory Commission et al.
   C. A. 8th Cir. Certiorari denied.

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


text:
    No. 78-947.
    New York et al. v. National Labor Relations Board.
   C. A. 2d Cir. Certiorari denied.

Mr. Justice White would grant certiorari.


text:
    No. 78-956.
    Coven v. Securities and Exchange Commission.
   C. A. 2d Cir. Certiorari denied.

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


text:
    No. 78-1125.
    Fisher, U. S. District Judge v. Cooper Tire & Rubber Co.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice Blackmun would grant certiorari.


text:
    No. 78-5369.
    No. 78-5454.
    No. 78-5862.
    Hughes v. Texas. Felder v. Texas. Bell v. Mississippi.
   Ct. Crim. App. Tex. ;

Ct. Crim. App. Tex.; and

Sup. Ct. Miss. Cer-tiorari denied. Reported below: No. 78-5369, 563 S. W. 2d 581; No. 78-5454, 564 S. W. 2d 776; No. 78-5862, 360 So. 2d 1206.

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. 78-1140.
    Michigan v. Jones.
   Sup. Ct. Mich. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.

The Chief Justice and Mr. Justice Powell would grant certiorari.


text:
    No. 77-1688.
    No. 78-563.
    No. 78-674.
    No. 78-782.
    No. 78-5632.
    No. 78-5726.
    Symm, Tax Assessor-Collector of Waller County, Texas v. United States et al., American Association of Councils of Medical Staffs of Private Hospitals, Inc. v. Califano, Secretary of Health, Education, and Welfare, Mayer v. Ohio State Bar Assn., Pipeline Construction Co., Inc. v. Jaffee et al., Calhoun et ux. v. United States, Sommerville v. Alabama,
   439 U. S. 1105;

439 U. S. 1114;

439 U. S. 1048;

439 U. S. 1115;

439 U. S. 1118; and

439 U. S. 1118. Petitions for rehearing denied.


text:
    March 19, 1979
    No. 78-721.
    Quern, Director, Department of Public Aid of Illinois, et al. v. Hernandez et ux.
   Appeal from D. C. N. D. Ill. Motion of appellees for leave to proceed in forma pauperis granted. Judgment affirmed.


text:
    No. 78-421.
    Dahlberg Electronics, Inc., et al. v. Kievlan et al.
   Appeal from Ct. App. Cal., 1st App. Dist., dismissed for want of substantial federal question.


text:
    No. 78-1091.
    Love v. Maynard.
   Appeal from Ct. App. Ohio, Franklin County, dismissed for want of substantial federal question.


text:
    No. 78-1119.
    Fazekas v. University of Houston et al.
   Appeal from Ct. Civ. App. Tex., 1st Sup. Jud. Dist., dismissed for want of substantial federal question.


text:
    No. 78-1285.
    Floyd v. Arizona.
   Appeal from Ct. App. Ariz. dismissed for want of substantial federal question.


text:
    No. 78-6102.
    Abken v. Pennsylvania.
   Appeal from Super. Ct. Pa. dismissed for want of substantial federal question.


text:
    No. 78-1160.
    Saker et ux. v. Harpster Bank.
   Appeal from Ct. App. Ohio, Franklin County, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 78-5844.
    Farrell v. Johnson.
   Appeal from Sup. Ct. Va. dismissed for want of substantial federal question.

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


text:
    No. 77-1653.
    Childs v. Childs.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Orr v. Orr, ante, p. 268.

Mr. Justice Stewart dissents.


text:
    No. 77-1786.
    Loyacano v. Le Blanc.
   Sup. Ct. La. Cer-tiorari granted, judgment vacated, and case remanded for further consideration in light of Orr v. Orr, ante, p. 268.


text:
    No. A-731 (78-6198).
    Hudak v. Curators of the University of Missouri et al.
   C. A. 8th Cir. Application for stay, addressed to Mr. Justice Marshall and referred to the Court, denied.


text:
    No. A-757.
    Elias v. Florida.
   Dist. Ct. App. Fla., 3d Dist. Application for stay, addressed to Mr. Justice Marshall and referred to the Court, denied.


text:
    No. A-771.
    Union Light, Heat & Power Co. et al. v. Rubin, U. S. District Judge.
   C. A. 6th Cir. Application for stay, presented to The Chiep Justice, and by him referred to the Court, denied.

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


text:
    No. A-759 (78-1277).
    Golding v. City Council of the City of Richmond et al.
   Sup. Ct. Va. Application for stay, addressed to Mr. Justice Brennan and referred to the Court, denied.


text:
    No. D-143.
    In re Disbarment of Beasley.
   Disbarment entered. [For earlier order herein, see 439 U. S. 950.]


text:
    No. D-149.
    In re Disbarment of Genua.
   Disbarment entered. [For earlier order herein, see 439 U. S. 1041.]


text:
    No. D-151.
    In re Disbarment of Hopfl.
   Disbarment entered. [For earlier order herein, see 439 U. S. 1042.]


text:
    No. D-154.
    In re Disbarment of Brickel.
   Disbarment entered. [For earlier order herein, see 439 U. S. 1042.]


text:
    No. 78-223.
    National Labor Relations Board et al. v. Baptist Hospital, Inc.
   C. A. 6th Cir. [Certiorari granted, 439 U. S. 1065.] Motion of National Union of Hospital & Health Care Employees, RWDSU, AFL-CIO, for leave to file a brief as amicus curiae granted.


text:
    No. 78-303.
    Colby, Director, Central Intelligence Agency, et al. v. Driver et al.
   C. A. 1st Cir. [Certiorari granted, 439 U. S. 1113.] Motion of the Solicitor General for divided argument granted.


text:
    No. 78-349.
    No. 78-546.
    United States v. Helstoski; and Helstoski v. Meanor, U. S. District Judge, et al.
   C. A. 3d Cir. [Certiorari granted, 439 U. S. 1045.] Motion of Thomas P. O’Neill, Jr., et al. for leave to participate in oral argument as amici curiae granted, and 15 additional minutes allotted for that purpose. Motion of Hel-stoski to defer oral argument denied.

The Chief Justice, Mr. Justice Stewart, Mr. Justice Rehnquist, and Mr. Justice Stevens would grant the latter motion. Mr. Justice Powell took no part in the consideration or decision of the latter motion.


text:
    No. 78-432.
    No. 78-435.
    No. 78-436.
    United Steelworkers of America, AFL-CIO-CLC v. Weber et al.; Kaiser Aluminum & Chemical Corp. v. Weber et al.; and United States et al. v. Weber et al.
   C. A. 5th Cir. [Certiorari granted, 439 U. S. 1045.] Motions for leave to file briefs as amici curiae filed by the following were granted: Pacific Legal Foundation, Washington Legal Foundation, Southeastern Legal Foundation, United States Justice Foundation, and Great Plains Legal Foundation. Motion of Government Contract Employers Assn, for leave to participate in oral argument as amicus curiae denied.

Mr. Justice Stevens took no part in the consideration or decision of these motions.


text:
    No. 78-511.
    Lo-Ji Sales, Inc. v. New York.
   App. Term, Sup. Ct. N. Y., 9th and 10th Jud. Dists. [Certiorari granted, 439 U. S. 978.] Motions of American Booksellers Assn., Inc., et al., and Charles H. Keating, Jr., for leave to file briefs as amici curiae granted.


text:
    No. 78-482.
    Smith, Judge, et al. v. Daily Mail Publishing Co. et al.
   Sup. Ct. App. W. Va. [Certiorari granted, 439 U. S. 963.] Motion of Paul Raymond Stone for leave to participate in oral argument as amicus curiae denied.


text:
    No. 78-575.
    No. 78-597.
    No. 78-604.
    Southern Railway Co. v. Seaboard Allied Milling Corp. et al.; Interstate Commerce Commission v. Seaboard Allied Milling Corp. et al.; and Seaboard Coast Line Railroad Co. et al. v. Seaboard Allied Milling Corp. et al.
   C. A. 8th Cir. [Cer-tiorari granted, 439 U. S. 1066.] Motion of the Solicitor General for additional time for oral argument granted, and 15 minutes allotted for that purpose.

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


text:
    No. 78-610.
    Columbus Board of Education et al. v. Penick et al.
   C. A. 6th Cir. [Certiorari granted, 439 U. S. 1066.] Motions of Neighborhood School Coordinating Committee et al. and Delaware State Board of Education et al. for leave to file briefs as amici curiae granted.


text:
    No. 78-627.
    Dayton Board of Education et al. v. Brinkman et al.
   C. A. 6th Cir. [Certiorari granted, 439 U. S. 1066.] Motions of Delaware State Board of Education et al. and Pacific Legal Foundation for leave to file briefs as amici curiae granted.


text:
    No. 78-690.
    Reiter v. Sonotone Corp. et al.
   C. A. 8th Cir. [Certiorari granted, 439 U. S. 1065.] Motion of Kennedy Smith et al. for leave to file a brief as amici curiae granted. Motion of the Solicitor General for divided argument granted. Motion of the Attorney General of Minnesota for leave to participate in oral argument as amicus curiae granted, and 10 additional minutes allotted for that purpose. Respondents also allotted 10 additional minutes for oral argument.


text:
    No. 78-749.
    Kentucky v. Whorton.
   Sup. Ct. Ky. [Certiorari granted, 439 U. S. 1067.,] Consideration of respondent’s suggestion of mootness deferred to hearing of case on the merits.


text:
    No. 78-759.
    Leroy, Attorney General of Idaho, et al. v. Great Western United Corp.
   C. A. 5th Cir. [Probable jurisdiction noted, 439 U. S. 1065.] Motion of National Association of Insurance Commissioners for leave to file a brief as amicus curiae granted. Motions of Attorney General of New York and Attorney General of Ohio for leave to participate in oral argument as amici curiae denied.


text:
    No. 78-1177.
    White Mountain Apache Tribe et al. v. Bracker et al.
   Ct. App. Ariz. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 78-5283.
    Jackson v. Virginia et al.
   C. A. 4th Cir. [Certiorari granted, 439 U. S. 1001.] Motion of the Attorney General of California for leave to participate in oral argument as amicus curiae denied.


text:
    No. 78-6096.
    No. 78-6133.
    Welch v. Celebrezze, Chief Justice, Supreme Court of Ohio; and Medley v. Moultrie, Judge.
   Motions for leave to file petitions for writs of mandamus denied.


text:
    No. 77-6219.
    Baldasar v. Illinois.
   App. Ct. Ill., 2d Dist. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 78-959.
    Perrin v. United States.
   C. A. 5th Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 78-599.
    Secretary of the Navy et al. v. Huff et al.
   C. A. D. C. Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari granted and case set for oral argument in tandem with No. 78-1006, Brown v. Glines, immediately infra.


text:
    No. 78-1006.
    Brown, Secretary of Defense, et al. v. Glines.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted and case set for oral argument in tandem with No. 78-599, Secretary of the Navy v. Huff, immediately supra.


text:
    No. 78-972.
    United States v. Apfelbaum.
   C. A. 3d Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 78-990.
    United States v. Bailey et al.; and United States v. Cogdell.
   C. A. D. C. Cir. Motions of respondents for leave to proceed in forma pauperis and certiorari granted. Reported below: 190 U. S. App. D. C. 142, 585 F. 2d 1087 (first case); 190 U. S. App. D. C. 185, 585 F. 2d 1130 (second case).


text:
    No. 78-1183.
    Carbon Fuel Co. v. United Mine Workers of America et al.
   C. A. 4th Cir. Certiorari granted.


text:
    No. 76-6853.
    Randle et al. v. Beal, Secretary, Department of Public Welfare of Pennsylvania, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-221.
    Sierra Terreno et al. v. Tahoe Regional Planning Agency.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 78-792.
    Ellis Trucking Co., Inc., et al. v. Smart et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-817.
    Donald Everett D. et al. v. California.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 78-860.
    Wolkind v. Virginia.
   Cir. Ct., Henrico County, Va. Certiorari denied.


text:
    No. 78-905.
    McKenna v. United States.
   C. A. 9th Cir.

Certiorari denied.


text:
    No. 78-927.
    Gros Ventre Tribe of the Fort Belknap Indian Reservation, Montana v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-937.
    Taylor v. Simmons et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-948.
    Tinghino v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-954.
    Western Fuels Assn., Inc., et al. v. Natural Resources Defense Council, Inc., et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-964.
    Farmer v. Holton, Judge.
   Ct. App. Ga. Certiorari denied.


text:
    No. 78-966.
    Miller v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-977.
    Abney v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-988.
    Laurenti et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1004.
    Heilman et al. v. Bell, Attorney General, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1017.
    Tug Ocean Prince, Inc., et al. v. United States et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1019.
    Swafford v. Avakian.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 78-1022.
    Crowell v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1026.
    Klingaman, t/a Banner Sightseeing Co., et al. v. Sommers.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 78-1035.
    Pace et al. v. Department of the Treasury et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1044.
    DiLuigi v. Kafkalas, Adjutant General of Pennsylvania.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1047.
    Horvat et al. v. Commissioner of Internal Revenue.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1061.
    Haley v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1062.
    McManus et al. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1089.
    RKO General, Inc. v. Multi-State Communications, Inc.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-1090.
    Big Three Industrial Gas & Equipment Co., Inc. v. National Labor Relations Board.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1092.
    International Association of Machinists & Aerospace Workers, Airline District Lodge 146, et al. v. Air Line Employees Association International Union et al.
   Ct. Civ. App. Tex., 10th Sup. Jud. Dist. Certiorari denied.


text:
    No. 78-1109.
    Bogle et al. v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 78-1121.
    Orr v. Argus-Press Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1123.
    Gonzalez et al. v. Northwest Airlines, Inc., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1132.
    Waterbury Petroleum Products, Inc. v. John B. Hull, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1137.
    Hauser v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 78-1141.
    Steelcase, Inc. v. Delwood Furniture Co., Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1147.
    Wilson v. Board of Governors, Washington State Bar Assn.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 78-1148.
    New World Life Insurance Co. v. Georgia International Life Insurance Co.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 78-1149.
    Litton Industrial Products, Inc. v. Jamesbury Corp.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1150.
    Nickola v. Peterson, dba Kaydee Products Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1156.
    MacDonald v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1159.
    Hanner v. Texas.
   Ct. Crina. App. Tex. Certiorari denied.


text:
    No. 78-1163.
    Ohio Edison Co. v. Williams, Director, Ohio Environmental Protection Agency.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 78-1165.
    Chicago Title & Trust Co., Trustee, et al. v. Lisner et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1180.
    No. 78-1193.
    Rosenthal v. Attorney Registration and Disciplinary Commission of Illinois; and Carnow v. Attorney Registration and Disciplinary Commission of Illinois.
   Sup. Ct. Ill. Cer-tiorari denied. Reported below: 73 Ill. 2d 46, 382 N. E. 2d 257.


text:
    No. 78-1182.
    Kline v. Pittsburgh & Lake Erie Railroad Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1187.
    Miller v. Atchison, Topeka & Santa Fe Railway Co.
   Ct. Civ. App. Tex., 2d Sup. Jud. Dist. Cer-tiorari denied.


text:
    No. 78-1189.
    Fadden v. Massachusetts.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 78-1199.
    Forest Lawn Memorial Gardens, Inc., et al. v. Ayres et al.
   Ct. App. Tenn. Certiorari denied.


text:
    No. 78-1203.
    Shagoury v. Massachusetts.
   Ct. App. Mass. Certiorari denied.


text:
    No. 78-1220.
    Ley v. Cats et al.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 78-1234.
    Gust v. Cramer.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1242.
    Insurance Company of North America v. Filor, Bullard & Smyth.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1244.
    Fredericks v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1246.
    Parish et al. v. Maryland & Virginia Milk Producers Assn., Inc., et al.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 78-1280.
    Werbrouck v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-5771.
    Burke v. Virginia State Penitentiary.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-5796.
    Eby et al. v. Virginia.
   Sup. Ct. Va. Cer-tiorari denied.


text:
    No. 78-5809.
    Artway v. Klein et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-5810.
    Turner et al. v. Jones et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-5823.
    Bertolotti v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-5831.
    Rachal v. Louisiana.
   Sup. Ct. La. Cer-teriorari denied.


text:
    No. 78-5835.
    Huff v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-5849.
    Mullins v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 78-5875.
    Moone v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-5877.
    Weinrauch v. United States Secret Service et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-5887.
    No. 78-5889.
    No. 78-5904.
    Cogdell v. United States; Walker v. United States; and Bailey v. United States.
   C. A. D. C. Cir. Certiorari denied. Reported below: No. 78-5887, 190 U. S. App. D. C. 185, 585 F. 2d 1130; Nos. 78-5889 and 78-5904, 190 U. S. App. D. C. 142, 585 F. 2d 1087.


text:
    No. 78-5921.
    Liles v. Merit Systems Protection Board et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-5923.
    Mastrocolo v. Califano, Secretary of Health, Education, and Welfare.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 78-5924.
    Smith v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-5936.
    Drucker v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-5943.
    Dittman v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-5955.
    Scherer v. Webster, Director, Federal Bureau of Investigation, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-5976.
    Harris v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-5986.
    Hill v. United States.
   .C. A. 6th Cir. Certiorari denied.


text:
    No. 78-5999.
    Herrell v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6010.
    Beals v. Wilson et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6012.
    McGrath v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6057.
    Pope v. Pomerleau et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6059.
    Irons v. Montanye, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6063.
    Stafford v. NAA Employees Federal Credit Union.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 78-6065.
    Langford v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 78-6075.
    Harper v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 78-6078.
    Sankey v. Alabama.
   Sup. Ct. Ala. Cer-tiorari denied.


text:
    No. 78-6079.
    Young v. California.
   Sup. Ct. Cal. Cer-tiorari denied.


text:
    No. 78-6084.
    Blankenship v. McCarley et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6085.
    Thomas v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 78-6092.
    Jones v. Morris, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6094.
    Jones v. Cardwell, Prison Superintendent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6097.
    Green v. White.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6110.
    Rosher v. Wainwright, Director, Department of Offender Rehabilitation of Florida.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6111.
    King v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 78-6112.
    Holliman v. Hargett, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6113.
    Dennis v. Wainwright, Director, Department of Offender Rehabilitation of Florida.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6114.
    Richard v. Indiana.
   Sup. Ct. Ind. Cer-tiorari denied.


text:
    No. 78-6115.
    Awkard v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 78-6119.
    Gale v. Harris, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6122.
    Mills v. Ohio.
   Ct. App. Ohio, Knox County. Certiorari denied.


text:
    No. 78-6123.
    Phillips v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 78-6128.
    Chumley v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 78-6130.
    Leary v. Ohio.
   Ct. App. Ohio, Hamilton County. Certiorari denied.


text:
    No. 78-6148.
    Fraire v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6154.
    Lovallo v. Veterans’ Administration et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6168.
    Mansueto v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6178.
    Burkley v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 78-6186.
    Kilburn v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6202.
    Magee v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6203.
    Poolaw v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6208.
    Wilson v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, UAW, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6209.
    Goosby v. United States.
   G. A. 3d Cir. Certiorari denied.


text:
    No. 78-6219.
    Smith v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6234.
    King v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6246.
    Orozco-Rico v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6247.
    Lock v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6251.
    Jones v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6257.
    Greene v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-933.
    Tulley, Guardian v. Tulley.
   Ct. App. Cal., 1st App. Dist. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 78-1170.
    Attorney General of New York v. Mizell.
   C. A. 2d Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 78-1039.
    Farino v. Farino.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied. Application for stay, presented to Mr. Justice Marshall, and by him referred to the Court, denied.


text:
    No. 78-1178.
    Director, Office Workers’ Compensation Programs, U. S. Department of Labor v. Jacksonville Shipyards, Inc., et al.
   C. A. 5th Cir. Certiorari denied. Mr. Justice Blackmun would grant certiorari.


text:
    No. 78-5274.
    Shippy, aka Prewitt v. Estelle, Corrections Director, et al.
   Ct. Crim. App. Tex. Certiorari denied based on respondents’ representation that “[a]s long as [petitioner] is actively pursuing his right to a writ of habeas corpus, [he] will not be executed.” Brief in Opposition 3.


text:
    No. 78-1049.
    No. 78-1069.
    Aliquippa & Southern Railroad Co. et al. v. United States et al.; and Baltimore & Ohio Chicago Terminal Railroad Co. et al. v. United States et al.
   C. A. 3d Cir. Certiorari denied.

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

Reported below: 583 F. 2d 678.


text:
    No. 78-5535.
    Bodde v. Texas.
   Ct. Crim. App. Tex. 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 sentence in this case.


text:
    No. 77-1567.
    No. 78-730.
    No. 78-786.
    No. 78-5784.
    No. 78-5819.
    Buck v. Hunter et al., American Export Lines, Inc., et al. v. Metal Traders, Inc., McDannald v. Hill, Attorney General of Texas, et al., Gibson v. Missouri Pacific Railroad Co. et al., Alers v. Toledo et al.,
   439 U. S. 1059;

439 U. S. 1128;

439 U. S. 1128;

ante, p. 921; and

439 U. S. 1131. Petitions for rehearing denied.


text:
    No. 78-5824.
    No. 78-5830.
    Silo v. Pennsylvania, Jeter v. United States,
   439 U. S. 1132; and

439 U. S. 1120.

Petitions for rehearing denied.


text:
    No. 78-454.
    Pavlecka et al. v. Banner, Commissioner of Patents and Trademarks,
   439 U. S. 1046. Motion for leave to file petition for rehearing denied.


text:
    March 26, 1979

    No. 78-1126.
    Hoagland et al. v. Minnesota.

      Mr. Justice Powell took no part in the consideration or decision of cases in which orders hereinafter reported were announced on this date.

   Appeal from Sup. Ct. Minn, dismissed for want of substantial federal question.


text:
    No. 78-846.
    First of Omaha Service Corp., dba Bank-Americard, et al. v. Iowa ex rel. Turner, Attorney General of Iowa.
   Appeal from Sup. Ct. Iowa. Judgment vacated and case remanded for further consideration in light of Marquette National Bank v. First of Omaha Service Corp., 439 U. S. 299 (1979).


text:
    No. 78-432.
    No. 78-435.
    No. 78-436.
    United Steelworkers of America, AFL-CIO-CLC v. Weber et al.; Kaiser Aluminum & Chemical Corp. v. Weber et al.; and United States et al. v. Weber et al.

      See also note, sura.

   C. A. 5th Cir. [Certiorari granted, 439 U. S. 1045.] Motion of Affirmative Action Coordinating Center et al. for leave to participate in oral argument as amici curiae denied.

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


text:
    No. 78-156.
    United States v. Addonizio et al.
   C. A. 3d Cir. [Certiorari granted, 439 U. S. 1045.] Motion of respondents for divided argument granted.


text:
    No. 78-437.
    No. 78-689.
    Califano, Secretary of Health, Education, and Welfare v. Westcott et al.; and Pratt, Commissioner, Department of Public Welfare of Massachusetts v. Westcott et al.
   D. C.

Mass. Motion of American Civil Liberties Union et al. for leave to file a brief as amici curiae granted.


text:
    No. A-778 (78-1359).
    Gunduy v. United States.
   C. A. 2d Cir. Application for stay, addressed to Mr. Justice Brennan and referred to the Court, denied.


text:
    No. 78-5981.
    Ferri v. Ackerman.
   Sup. Ct. Pa. [Cer-tiorari granted, ante, p. 907.] Motion of petitioner for appointment of counsel granted, and it is ordered that Julian N. Eule, Esquire, of Philadelphia, Pa., be appointed to serve as counsel for petitioner in this case.


text:
    No. 78-6299.
    Satterlee v. Loggins, Correctional Superintendent, et al.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 78-6135.
    Bury v. United States District Court for the Middle District of Florida et al.
   Motion for leave to file petition for writ of mandamus and/or prohibition denied.


text:
    No. 78-1143.
    Vance, Secretary of State v. Terrazas.
   Appeal from C. A. 7th Cir. Motion of appellee for leave to proceed in forma pauperis granted. Probable jurisdiction noted.


text:
    No. 78-5937.
    Ybarra v. Illinois.
   Appeal from App. Ct. Ill., 2d Dist. Motion of appellant for leave to proceed in forma pauperis granted. Probable jurisdiction noted.


text:
    No. 78-907.
    Cain v. Mazurkiewicz et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-930.
    Jackson v. Oregon.
   Ct. App. Ore. Certio-rari denied.


text:
    No. 78-1055.
    Fairchild Industries, Inc. v. Harvey, U. S. District Judge (United States, Real Party in Interest).
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1063.
    American Telephone & Telegraph Co. et al. v. MCI Communications Corp. et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1082.
    Conzemius v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-1112.
    Brothers et al. v. Schimke et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1154.
    Milwaukee Newspaper & Graphic Communications Union, Local 23 v. Newspapers, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1157.
    Dupas v. City of New Orleans et al.
   Ct. App. La., 4th Cir. Certiorari denied.


text:
    No. 78-1181.
    No. 78-6131.
    Batt v. Marion Heights, Inc., et al.; and Musso v. Suriano et al.
   C. A. 7th Cir.

Certiorari denied. Reported below: 586 F. 2d 59.


text:
    No. 78-1186.
    Wharton v. Garrison.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1188.
    Spickler v. Brengelmann et ux.
   Sup. Jud. Ct. Me. Certiorari denied.


text:
    No. 78-1195.
    Tokheim et al. v. Blume.
   Ct. App. Iowa. Certiorari denied.


text:
    No. 78-1197.
    McGrath v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 78-1215.
    Ball v. Board of Trustees of the Kerrville Independent School District et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1232.
    Collier v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 78-1269.
    Meadows v. O’Brien.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 78-1294.
    Bonamo et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1307.
    King et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1320.
    No. 78-6245.
    Whitten v. United States; and Bright v. United States.
   C. A. 5th Cir.

Certiorari denied. Reported below: 588 F. 2d 504.


text:
    No. 78-1326.
    La Duca v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1330.
    Williams v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1332.
    Lyles v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-1340.
    Jonas v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1352.
    Matthews v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1353.
    King v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-5857.
    Goldberg v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-5918.
    Dixon v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 78-5919.
    Smith v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 78-5947.
    Young v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 78-5972.
    Wisebaker et al. v. Rhodes, Governor of Ohio, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-5977.
    Osborne v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6019.
    Watkins v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6025.
    Jenkins v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6028.
    Geoghegan v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6031.
    Barnette v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6035.
    Hernandez v. United States District Court for the Western District of Texas.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6109.
    Jackson v. Henderson, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6132.
    White v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 78-6134.
    Norsworthy v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 78-6138.
    Smith v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 78-6142.
    Hubbard v. Hatrak, Prison Superintendent.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6143.
    Jawa v. Fayetteville State University et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6147.
    Cross v. Illinois.
   C. A. 7th Cir. Certio-rari denied.


text:
    No. 78-6151.
    Cronnon v. Alabama.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 78-6157.
    Cooper v. Fitzharris.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 78-6158.
    Clifton v. California.
   Sup. Ct. Cal. Cer-tiorari denied.


text:
    No. 78-6159.
    Green v. Gordon Transportation, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6164.
    Smith v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 78-6169.
    Hohensee v. Spadine.
   Sup. Ct. Pa. Cer-tiorari denied.


text:
    No. 78-6172.
    Cain v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6189.
    Trowery v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6207.
    Briggs v. Smith, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6215.
    Manning v. Solomon, Administrator, General Services Administration, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6224.
    Henderson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6249.
    Doerschlag v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6261.
    Brown v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6263.
    No. 78-6272.
    Pesce, aka Pierce v. United States; and Corcione v. United States.
   C. A. 2d Cir. Certiorari denied. Reported below: 592 F. 2d 111.


text:
    No. 78-6265.
    Johnson v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6266.
    Allsberry v. Wilkinson, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-6270.
    Paulsen v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6280.
    Maestas v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6284.
    Wheat v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6290.
    Rowan v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6292.
    Howard v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-953.
    Hobbs et al. v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.

Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall would grant cer-tiorari and reverse the convictions.


text:
    No. 78-983.
    Idaho Association of Naturopathic Physicians, Inc., et al. v. United States Food and Drug Administration et al.
   C. A. 4th Cir. Motion of Northwest Academy of Preventive Medicine for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 78-1227.
    Ellis National Bank of Tallahassee v. Davis et ux.
   Dist. Ct; App. Fla., 1st Dist. Certiorari denied.

Mr. Justice Stewart would grant certiorari.


text:
    No. 78-6048.
    Spenkelink v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida.
   C. A. 5th Cir. Motions of Association of the Bar of the City of New York and American Baptist Churches in the U. S. A. et al. for leave to file briefs as amici curiae granted. 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 sentence in this case.


text:
    No. 78-5969.
    Ryan v. Montana.
   C. A. 9th Cir. Certio-rari denied.

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


text:
    No. 78-926.
    No. 78-5762.
    No. 78-5906.
    No. 78-5954.
    No. 78-6056.
    Jackson v. United States, Luck v. Jackson, Corrections Director, et al., Warden v. Wyrick, Warden, Teplitsky v. Environmental Protection Agency et al., Gordon v. United States,
   ante, p. 913;

ante, p. 920;

ante, p. 924;

ante, p. 937; and

ante, p. 928. Petitions for rehearing denied.


text:
    March 29, 1979
    No. 78-1257.
    Goode v. Horizons Towne House, Ltd., et al.
   C. A. 2d Cir. Certiorari dismissed under this Court’s Rule 60.


text:
    April 2, 1979

    No. 77-1833.
    Sun Oil Company of Pennsylvania v. Unemployment Compensation Board of Review of Pennsylvania et al.

      Mr. Justice Powell took no part in the consideration or decision of cases in which orders hereinafter reported were announced on this date.

   Appeal from Sup. Ct. Pa. dismissed for want of substantial federal question.


text:
    No. 78-1243.
    Wernet v. Minnesota.
   Appeal from Dist. Ct. Minn., 4th Jud. Dist., dismissed for want of substantial federal question.


text:
    No. 78-1225.
    Etkes v. Bartell Media Corp. et al.
   Appeal from Ct. App. Cal., 2d App. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 78-1255.
    Helmsley et al. v. Borough of Fort Lee et al.
   Appeal from Sup. Ct. N. J. Motions of National Association of Realtors and National Apartment Assn, for leave to file briefs as amici curiae granted. Appeal dismissed for want of substantial federal question.


text:
    No. 78-558.
    Kretchmar v. Nebraska.
   Sup. Ct. Neb. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Delaware v. Prouse, ante, p. 648.


text:
    No. A-800 (78-1443).
    Strouse et al. v. Winter.
   Sup. Ct. Okla. Application of petitioners for stay, addressed to

Mr. Justice Marshall and referred to the Court, denied.


text:
    No. A-842 (78-1369).
    Committee for Public Education and Religious Liberty et al. v. Regan, Comptroller of New York, et al.
   D. C. S. D. N. Y. Application of petitioners for stay, presented to Mr. Justice Marshall, and by him referred to the Court, denied.


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.,
   ante, p. 29. Motion of respondents for award of attorney’s fees denied.


text:
    No. 78-1102.
    Ashcroft, Attorney General of Missouri, et al. v. Freiman et al.,
   ante, p. 941. Motion of appellees for award of attorney’s fees and costs denied.


text:
    No. 78-223.
    National Labor Relations Board et al. v. Baptist Hospital, Inc.
   C. A. 6th Cir. [Certiorari granted, 439 U. S. 1065.] Motion of Local 150-T, Service Employees International Union, AFL-CIO, for divided argument granted.


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


text:
    No. 78-711.
    Southeastern Community College v. Davis.
   C. A. 4th Cir. [Certiorari granted, 439 U. S. 1065.] Motion of Board of Governors of the University of North Carolina for leave to file a brief as amicus curiae granted.


text:
    No. 78-753.
    Great American Federal Savings & Loan Assn. et al. v. Novotny.
   C. A. 3rd Cir. [Certiorari granted, 439 U. S. 1066.] Joint motion of the Solicitor General as amicus curiae and respondent for divided argument granted.


text:
    No. 78-6089.
    Blanton v. Engle, Correctional Superintendent, et al.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 78-1254.
    Edmond v. Barlow, Chief Judge, U. S. District Court.
   Motion for leave to file petition for writ of prohibition denied.


text:
    No. 77-1625.
    Image Carrier Corp. et al. v. Koch, Mayor of New York City, et al.
   C. A. 2d Cir. Motions for leave to file briefs as amici curiae, filed by the following, were granted: Associated Builders & Contractors, Inc., National Right to Work Legal Defense Foundation, Center on National Labor Policy, and National Association of Manufacturers. Certiorari denied.


text:
    No. 78-179.
    Johnson et al. v. Ryder Truck Lines, Inc., et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-880.
    Local Union No. 373, International Association of Bridge, Structural, & Ornamental Ironworkers, AFL-CIO, et al. v. Mundy et al.
   Super. Ct. N. J. Certiorari denied.


text:
    No. 78-1124.
    Coleman v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1130.
    De Borja v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1133.
    Chour v. Ferro, District Director, Immigration and Naturalization Service, et al.; and Der-Rong Chour v. Immigration and Naturalization Service.
   C. A. 2d Cir. Certiorari denied. Reported below: 591 F. 2d 1329 (first case); 578 F. 2d 464 (second case).


text:
    No. 78-1134.
    Rainone et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1138.
    Barker et al. v. Commodity Futures Trading Commission.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1142.
    Reamer v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1145.
    Conaway v. Alexander, Secretary of the Army, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1146.
    Raven v. Panama Canal Company/Canal Zone Government.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1153.
    Angus v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1158.
    Shipp et al. v. Memphis Area Office, Department of Employment Security of Tennessee, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1161.
    Haas v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1162.
    Jordan et al. v. University of Tennessee et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1168.
    Wallace et al. v. Securities and Exchange Commission et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 78-1173.
    Davis et al. v. Commissioner of Internal Revenue.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-1185.
    Sledge et al. v. J. P. Stevens & Co., Inc., et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1205.
    Fulton v. Hecht et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1207.
    Frost et al. v. Executors of Estate of Morrison.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 78-1216.
    British Airways Board v. Boeing Co.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1224.
    Lukefahr v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 78-1236.
    Arnold et ux. v. Johnson et al.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 78-1241.
    PEPI, Inc., et al. v. Pitchford Scientific Instruments Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1250.
    Brazil v. Sambo’s Restaurants, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1251.
    Renard v. Nevada.
   Sup. Ct. Nev. Certio-rari denied.


text:
    No. 78-1252.
    Lupia v. Stella D’Oro Biscuit Co., Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-1256.
    Waller v. Mississippi State Highway Commission.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 78-1292.
    Bengel v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-1336.
    Buckley v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-1363.
    Miller v. United States; and Davis et al. v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 588 F. 2d 1030 (first case); 588 F. 2d 1041 (second case).


text:
    No. 78-1377.
    Blair v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-5812.
    Woodall et al. v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-5860.
    Briggs v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-5893.
    Jones v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-5942.
    Troy v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 78-5948.
    Woods v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 78-5974.
    McClendon v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-5983.
    Figueroa v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 78-5991.
    Krotec v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6040.
    Bradley v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6041.
    Stanford et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6051.
    Greer v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6054.
    Williams v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6061.
    No. 78-6062.
    Ware v. United States; and D’Andrea v. United States.
   C. A. 7th Cir. Certiorari denied. Reported below: 585 F. 2d 1351.


text:
    No. 78-6082.
    Thornton v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6105.
    Youngman v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6152.
    Lyon et ux. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-6155.
    Goodwyn v. Defenders Association of Philadelphia et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6160.
    Estep v. Colorado.
   Sup. Ct. Colo. Cer-tiorari denied.


text:
    No. 78-6170.
    Givens v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 78-6171.
    Valentine v. Blackburn, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6174.
    Burns v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6175.
    Mason v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 78-6180.
    Pennington v. Louisville Gas & Electric Co. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 78-6184.
    Ruth v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 78-6185.
    Burks v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 78-6188.
    Cudjo v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 78-6190.
    Delespine v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 78-6191.
    Coonan v. Indiana.
   Sup. Ct. Ind. Cer-tiorari denied.


text:
    No. 78-6192.
    Wood v. Jeffes, Correctional Superintendent, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 78-6193.
    Sedillo v. Romero, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 78-6195.
    Kessinger v. Hess, Warden.
   Ct. Crim. App. OMa. Certiorari denied.


text:
    No. 78-6198.
    Hudak v. Curators of the University of Missouri et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6199.
    Frederick v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 78-6200.
    Scott et al. v. Arizona.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 78-6201.
    Latender v. Israel, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 78-6210.
    O’Neill v. Brunn.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 78-6217.
    Stafford v. Weber et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 78-6262.
    Dairsaw v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 78-6298.
    No. 78-6303.
    McGee v. United States; and Johnson v. United States.
   C. A. 5th Cir.

Certiorari denied. Reported below: 588 F. 2d 961.


text:
    No. 78-6302.
    Goodman v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 78-6317.
    Corcione v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 78-6321.
    Brackenridge v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 78-1253.
    Beckers et al. v. International Snowmobile Industry Assn. et al.

      See also note, supra, p. 977.

   C. A. 8th Cir. Certiorari denied.

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


text:
    No. 78-5932.
    Retz v. Retz.
   Ct. App. Ohio, Montgomery County. Certiorari denied.

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


text:
    No. 78-6166.
    Banks v. Glass, Sheriff.
   Sup. Ct. Ga. 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. 78-6196.
    Showker v. Georgia.
   Ct. App. Ga. Cer-tiorari denied.

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


text:
    No. 78-5871.
    No. 78-5883.
    No. 78-5962.
    Yamine v. Ford Motor Co., Ledesma v. Coleman, U. S. Circuit Judge, et al., Davis et al. v. Estelle, Corrections Director,
   ante, p. 923;

439 U. S. 1132; and

ante, p. 925. Petitions for rehearing denied. •


author: Mr. Justice Brennan,

text:
    April 13, 1979
    No. A-868.
    Evans v. Bennett, Correctional Commissioner, et al.
   Application for stay of execution, presented to Mr. Justice Rehnquist, and by him referred to the Court, denied. Mr. Justice Powell took no part in the consideration or decision of this application.

Mr. Justice Brennan,

concurring.

It should be noted that the applicant has filed a letter with the Clerk of the Court stating in part:

“1. On April 11, 1979, John Louis Evans, applicant’s son, signed and verified a petition for writ of habeas corpus and stay of execution for filing with the United States District Court for the Southern District of Alabama.
“2. Also, on April 11, 1979, that verified petition was mailed for filing to the clerk of that court.
“3. As of April 11, 1979, the Alabama Supreme Court had not yet set a new execution date for John Louis Evans.”

The above-stated facts may make it unnecessary for the Court to rule on her application for a stay at its conference on Friday, April 13. Should the District Court grant her son’s application for a stay of execution, the application for a stay before this Court would become moot. Applicant is aware that the temporary stay granted in this action expires at 5 p. m. on April 13, 1979. No harm will come to applicant by the expiration of the temporary stay since the Alabama Supreme Court has not yet set a new execution date for her son and, until such date is set, her son cannot be executed.

In view of the foregoing, it is apparent that there is now no need to grant the application.


author: Mr. Justice Rehnquist, Circuit Justice.

text:
    EVANS v. BENNETT, CORRECTIONAL COMMISSIONER, et al.
    No. A-868.
    Decided April 5, 1979
   Mr. Justice Rehnquist, Circuit Justice.

This application for stay has come to me by reason of the unavailability of Mr. Justice Powell. Applicant is the mother of John Louis Evans; her son was tried and convicted of robbery-murder and was sentenced to death pursuant to Alabama law by an Alabama trial court in April 1977. Evans did not contest his guilt at trial. Instead, he took the stand, confessed to the crime, and requested the jury to find him guilty so that he could receive the death penalty. His conviction and sentence were appealed (according to the application, against his will) under the Alabama automatic appeal statute, and the judgment and sentence were affirmed by the Alabama Court of Criminal Appeals and the Supreme Court of Alabama. Evans v. State, 361 So. 2d 664 (Ala. Crim. App. 1977); Evans v. State, 361 So. 2d 666 (Ala. 1978). With his approval, a petition for writ of certiorari seeking review of the sentence imposed upon him was filed in this Court in November 1978. On February 3, 1979, Evans’ counsel, at Evans’ insistence, filed a formal request for withdrawal of his petition for writ of certiorari, but both the petition for withdrawal and the petition for writ of certiorari were denied by this Court on February 21, 1979. Evans v. Alabama, ante, p. 930. Following that action by this Court, the Supreme Court of Alabama set an execution date of April 6, 1979.

According to the application for stay, John Louis Evans has refused to undertake any further appeals on his behalf and has repeatedly expressed his desire to die. On April 2, 1979— nearly six weeks after this Court had denied the petition for certiorari, and only four days before the execution date set by the Supreme Court of Alabama — applicant, the mother of the condemned killer, filed a petition for a writ of habeas corpus in the United States District Court in the Southern District of Alabama. That court heard oral argument on April 3, and following that argument dismissed the petition on the grounds that “the reason forwarded by petitioner for the inmate’s failure to verify the petition, i. e., incompetency is not supported by credible evidence, that Betty Evans is not entitled to next friend status by reason thereof, that accordingly, this Court has no jurisdiction over the action and the action must therefore be DISMISSED and the stay DENIED.”

A timely notice of appeal was filed and the District Court issued a certificate of probable cause. On April 4, the applicant moved for a stay of execution in the Court of Appeals for the Fifth Circuit. That court likewise denied the application for a stay, reciting in its order:

“A majority of the Court concludes that a factual issue justifying standing in a next friend has not been made.
“Judge Hill would grant the stay in order to ascertain whether or not a mental deficiency short of incompetency would authorize proceedings by a next friend.”

If I were casting my vote on this application for a stay as a Member of the full Court, I would vote to deny the stay. Evans has been found guilty of an atrocious crime, sentenced to be put to death in accordance with Alabama law, and has had his conviction and sentence reviewed both by the Alabama Court of Criminal Appeals and by the Supreme Court of Alabama. His petition for certiorari to review the judgments of those courts affirming his conviction and sentence was denied by this Court. A Federal District Court has denied a stay and dismissed the petition for habeas corpus filed by Evans’ mother on his behalf, and a panel of the Court of Appeals for the Fifth Circuit also has denied a stay. There must come a time, even when so irreversible a penalty as that of death has been imposed upon a particular defendant, when the legal issues in the case have been sufficiently litigated and relitigated that the law must be allowed to run its course. If the holdings of our Court in Proffitt v. Florida, 428 U. S. 242 (1976), Jurek v. Texas, 428 U. S. 262 (1976), and Woodson v. North Carolina, 428 U. S. 280 (1976), are to be anything but dead letters, capital punishment when imposed pursuant to the standards laid down in those cases is constitutional; and when the standards expounded in those cases and in subsequent decisions of this Court bearing on those procedures have been complied with, the State is entitled to carry out the death sentence. Indeed, just as the rule of law entitles a criminal defendant to be surrounded with all the protections which do surround him under our system prior to conviction and during trial and appellate review, the other side of that coin is that when the State has taken all the steps required by that rule of law, its will, as represented by the legislature which authorized the imposition of the death sentence, and the state courts which imposed it and upheld it, should be carried out.

There is not the slightest doubt in my mind that the United States District Court made every effort to resolve doubts as to legal issues in favor of granting a stay, but was nonetheless unable to find legal authority for granting the stay. My conclusion in this regard is supported by the following language from the opinion of that court:

“Having concluded that next friend applications are permissible in habeas corpus cases, it remains for the Court to determine whether this is such a case that a next friend petition ought to be allowed. Both Funaro [United States ex rel. Funaro v. Watchorn, 164 F. 152 (CA2 1908)] and Preiser [United States ex rel. Sero v. Preiser, 506 F. 2d 1115 (CA2 1974)] limited the use of such applications to incidents of infancy, incompetency, or lack of time, and the Court is unpersuaded that any other grounds are permissible. In the instant case the inmate is over the age of majority and adequate time exists for him to verify his own petition, so the petitioner must fail unless the inmate is incompetent.
“The only evidence presented to the Court in support of John Evans’ incompetency is a sworn affidavit of a staff psychiatrist at the Mobile Mental Health Center. The psychiatrist, who has not personally interviewed or otherwise examined John Evans, concludes from conversations with other individuals that John Evans is 'not able to deal rationally with his situation and .. . probably need[s] someone else to make legal decisions affecting his life for him.’ The affidavit further reveals that the doctor tried to arrange an interview between John Evans, himself, and a psychologist, but Evans refused to be evaluated. The evidence in rebuttal to the allegation of incompetency is quite strong. John Evans was evaluated prior to his murder trial and was determined fit to stand trial, and there is no indication of any intervening physical or mental disability arising between the time of trial and the filing of the petition in the instant case. Clearly one who is competent to stand trial is competent to make decisions as to the course of his future. At no time prior to the filing of this petition, as far as the Court can ascertain, has John Evans’ competency been questioned. The fact that Evans has elected not to pursue post-conviction remedies that would serve to forestall the impending execution is not controlling, since it may well be, as the media has advertised, that John Evans has confronted his option of life imprisonment or death by execution and has elected to place his debts on a new existence in some world beyond this. The Court finds no evidence of irrationality in this; indeed, in view of the allegations in the case of Jacobs v. Locke, the death row conditions of confinement case presently pending in this Court, it may well be that John Evans has made the more rational choice. . In any event, this Court is not persuaded that John Evans is incompetent merely from a professional opinion rendered on hearsay information.

The application for stay cites a number of decisions relating to mental competency, none of which seem to me to bear directly on the issue in this case. The application states (p. 7):

“The criticism of the trial judge that the affidavit is based on hearsay is due solely to the fact that John Louis Evans refused to see the psychiatrist. Clearly Evans should not be allowed to control his mother’s standing to raise issues on his behalf.”

To my mind, this argument stands the question on its head: It is not Betty Evans, the applicant, who has been sentenced to death, but her son, and the fact that her son refuses to see a psychiatrist and has expressed a preference for electrocution rather than serving the remainder of his life in a penitentiary cannot confer standing upon her as “next friend” which she would not have under recognized legal principles.

Nonetheless, since this matter is not before the full Court, but simply before me as a Circuit Justice, I must act as surrogate for the full Court. The most closely analogous case to come before us in this posture is that of Gilmore v. Utah, 429 U. S. 1012 (1976). There, a majority of the Court denied an application for a stay of execution over the dissents of Mr. Justice White, joined by Mr. Justice Brennan and Mr. Justice Marshall, id., ^at 1017, and of Mr. Justice Marshall, id., at 1019, and Mr. Justice Blackmun, id., at 1020. As I understand the dissent of Mr. Justice White, its linchpin was the absence of any consideration or decision as to the constitutionality of the Utah statute providing for the imposition of the death penalty by the Utah courts. Mr. Justice Marshall’s dissent, as I read it, was based upon what he regarded as the inadequacy of the procedures provided by the State to determine the competency of the waiver by Gilmore of his right to appeal from the sentence imposed by the Utah trial court. Mr. Justice Blackmun’s dissent expressed the.view that the question of the standing of Gilmore’s mother to raise constitutional claims on behalf of her son was not insubstantial, and should receive a plenary hearing from this Court.

Were this a case involving an issue other than the death penalty, I think I would be justified in concluding that because the Alabama Court of Criminal Appeals and the Alabama Supreme Court have fully reviewed Evans’ conviction and sentence, the same considerations which led four Members of this Court to disagree with our denial of a stay of execution in Gilmore’s case would not necessarily lead all of them to do so here. But because of the obviously irreversible nature of the death penalty, and because of my obligation as Circuit Justice to act as surrogate for the Court, I do not feel justified in denying the stay on that assumption.

I have therefore decided to grant a stay of the execution ordered by the Supreme Court of Alabama to be carried out at 12:01 a. m. on April 6, 1979, pending further consideration by me, or by the full Court at its Conference scheduled for Friday, April 13, in the event that I should refer the application to that Conference, of the following submissions:

(a) a response by respondent Larry Bennett, Commissioner of the Alabama Correctional System, to this application for stay;

(b) a detailed explanation by counsel for applicant as to why, in a matter of this importance, she waited from February 21, 1979, the date upon which this Court denied John Louis Evans’ petition for certiorari seeking to review the judgment of the Supreme Court of Alabama, until April 2, 1979, to file a petition for a writ of habeas corpus in the United States District Court for the Southern District of Alabama. There may be very good reasons for the delay, but there is also undoubtedly what Mr. Justice Holmes referred to in another context as a “hydraulic pressure” which is brought to bear upon any judge or group of judges and inclines them to grant last-minute stays in matters of this sort just because no mortal can be totally satisfied that within the extremely short period of time allowed by such a late filing he has fully grasped the contentions of the parties and correctly resolved them. To use the technique of a last-minute filing as a sort of insurance to get at least a temporary stay when an adequate application might have been presented earlier, is, in my opinion, a tactic unworthy of our profession. Such an explanation is not a condition of the granting of this or any further stay, but the absence of it will be taken into consideration by me.

The parties are required to file the foregoing submissions by 12 noon, e. s. t., on Tuesday, April 10, 1979. Unless otherwise ordered by me or by the Court, this stay shall expire at 5 p. m., e. s. t., on Friday, April 13, 1979.

The application for a stay is granted on the terms and conditions set forth in this opinion, and an order will issue accordingly.

        "1 Evans’ attorney stated during the hearing that he had observed no change in Evans’ mental condition in the past two years, but of course, this counsel is without any training in psychiatry.”


text:
    HANER v. UNITED STATES
    No. A-864 (78-6468).
    Decided April 6, 1979
   Mr. Justice Rehnquist, Circuit Justice.

Applicant requests that I stay, pending consideration of his petition for writ of certiorari, the order of the United States Court of Appeals for the Ninth Circuit committing him for civil contempt. This petition arises out of a grand jury investigation currently being conducted in the District of Oregon. According to the petition, the grand jury is investigating an allegedly fraudulent funding scheme involving Allstates Funding, Inc., of which applicant is president. Pursuant to a subpoena duces tecum, applicant appeared before the grand jury and refused to answer questions regarding corporate records maintained by Allstates Funding on the ground that he might incriminate himself. The United States District Court for the District of Oregon ruled that applicant could not invoke his Fifth Amendment privilege against self-incrimination with regard to the nature of records that were maintained by Allstates Funding. A unanimous Court of Appeals panel affirmed, noting that “[t]he privilege against compulsory self-incrimination protects against real dangers, not remote and speculative possibilities.”

Applicant claims that if he testifies regarding the existence of corporate records he confronts a Hobson’s choice which will inevitably result in self-incrimination.

“[I]f the Government learns from the testimony of Petitioner in response to question number seven, and its various subparts, that no corporate records were ever maintained in the first instance, the Petitioner will have provided the government with very strong circumstantial evidence of criminal intent and wrongdoing in his connection with the corporation. By the same token, if the Petitioner testifies that certain records that have not been produced under subpena were in fact maintained, the Petitioner will have provided the government with equally strong circumstantial evidence of criminal intent and consciousness of criminal wrongdoing by their likely destruction or surrepticious [sic] transfer to third parties.” Pet. for Cert. 8-9.

Applicant places his principal reliance on Curcio v. United States, 354 U. S. 118 (1957). In Curdo this Court held that the contempt sanction cannot be used to compel a custodian of records to disclose the whereabouts of books and records which he has failed to produce if he claims that disclosure of their location will incriminate him. The Curdo Court recognized that the privilege does not extend to all oral testimony about the records. Certainly the custodian can be compelled to “identify documents already produced,” id., at 125, for the touchstone for evaluating the appropriateness of the privilege must be the “incriminating tendency of the disclosure.” Wilson v. United States, 221 U. S. 361, 379 (1911). The Ninth Circuit relied on Zicarelli v. New Jersey Investigation Comm’n, 406 U. S. 472, 478 (1972), for the proposition that the self-incrimination privilege “protects against real dangers, not remote and speculative possibilities.” A court contemplating a contempt citation must look to circumstances and context and gauge whether there is a real possibility that a responsive answer will incriminate the witness.

Given the very general nature of the inquiry in this case— a description of the type of records kept by the corporation— I think that the courts below properly struck the balance and that it is accordingly unlikely that four Members of this Court will vote to grant certiorari. The application for stay of the order of commitment is denied.

      The petition does not relate the precise wording of the question and to that extent is deficient under this Court’s Rule 23.