author: Mr. Chief Justice Burger, Mr. Justice Stevens, Mr. Justice White, Mr. Justice Marshall, Mr. Justice Blackmun,

text:
    No. A-453.
    Gilmore v. Utah.
   On October 7, 1976, Gary Mark Gilmore was convicted of murder and sentenced to death by>a judgment entered after a jury trial in a Utah court. On December 3, 1976 [ante, p. 989], this Court granted an application for a stay of execution of the judgment and sentence, pending the filing here by the State of Utah of a response to the application together with transcripts of various specified hearings in the Utah courts and Board of Pardons, and until “further action of the Court on the application for stay.”

The State of Utah has now filed its response and has substantially complied with the Court’s request for transcripts of the specified hearings. After carefully examining the materials submitted by the State of Utah, the Court is convinced that Gary Mark Gilmore made a knowing and intelligent waiver of any and all federal rights he might have asserted after the Utah trial court’s sentence was imposed, and, specifically, that the State’s determinations of his competence knowingly and intelligently to waive any and all such rights were firmly grounded.

Accordingly, the stay of execution granted on December 3, 1976, is hereby terminated.

Mr. Chief Justice Burger,

with whom Mr. Justice Powell joins,

concurring.

On December 2, 1976, Bessie Gilmore, claiming to act as “next friend” on behalf of her son, Gary Mark Gilmore, filed with this Court an application for a stay of execution of the death sentence then scheduled for December 6, 1976. Since only a limited record was then before the Court, we granted a temporary stay of execution on December 3, 1976, in order to secure a response from the State of Utah. That response was received on December 7, 1976. On December 8, 1976, a response was filed by Gary Mark Gilmore, by and through his attorneys of record, Ronald R. Stanger and Robert L. Moody, challenging the standing of Bessie Gilmore to initiate any proceedings in his behalf.

When the application for a stay was initially filed on December 2, a serious question was presented as to whether Bessie Gilmore had standing to seek the requested relief or any relief from this Court. Assuming the Court would otherwise have jurisdiction with respect to a “next friend” application, that jurisdiction would arise only if it were demonstrated that Gary Mark Gilmore is unable to seek relief in his own behalf. See Rosenberg v. United States, 346 U. S. 273, 291 (1953) (separate opinion of Jackson, J., joined by five Members of the Court). However, in view of Gary Mark Gilmore’s response on December 8, 1976, it is now clear that the “next friend” concept is wholly inapplicable to this case. Since Gary Mark Gilmore has now filed a response and appeared in his own behalf, through his retained attorneys, any basis for the standing of Bessie Gilmore to seek relief in his behalf is necessarily eliminated. The only possible exception to this conclusion would be if the record suggested, despite the representations of Gary Mark Gilmore’s attorneys, that he was incompetent to waive his right of appeal under state law and was at the present time incompetent to assert rights or to challenge Bessie Gilmore’s standing to assert rights in his behalf as “next friend.”

After examining with care the pertinent portions of the transcripts and reports of state proceedings, and the response of Gary Mark Gilmore filed on December 8, I am in complete agreement with the conclusion expressed in the Court’s order that Gary Mark Gilmore knowingly and intelligently, with full knowledge-of his right to seek an appeal in the Utah Supreme Court, has waived that right. I further agree that the State’s determinations of his competence to waive his rights knowingly and intelligently were firmly grounded.

When the record establishing a knowing and intelligent waiver of Gary Mark Gilmore’s right to seek appellate review is combined with the December 8 written response submitted to this Court, it is plain that the Court is without jurisdiction to entertain the “next friend” application filed by Bessie Gilmore. This Court has jurisdiction pursuant to Art. Ill of the Constitution only over “cases and controversies,” and we can issue stays only in aid of our jurisdiction. 28 U. S. C. §§ 1651, 2101 (f). There is no dispute, presently before us, between Gary Mark Gilmore and the State of Utah, and the application of Bessie Gilmore manifestly fails to meet the statutory requirements to invoke this Court’s power to review the action of the Supreme Court of Utah. No authority to the contrary has been brought to our attention, and nothing suggested in dissent bears on the threshold question of jurisdiction.

In his dissenting opinion, Mr. Justice White suggests that Gary Mark Gilmore is “unable” as a matter of law to waive the right to state appellate review. Whatever may be said as to the merits of this suggestion, the question simply is not before us. Gilmore, duly found to be competent by the Utah courts, has had available meaningful access to this Court and has declined expressly to assert any claim here other than his explicit repudiation of Bessie Gilmore’s effort to speak for him as next friend. It follows, therefore, that the Court is without jurisdiction to consider the question posed by the dissent.

Mr. Justice Stevens,

with whom Mr. Justice Rehnquist joins,

concurring.

In my judgment the record not only supports the conclusion that Gilmore was competent to waive his right to appeal, but also makes it clear that his access to the courts is entirely unimpeded and therefore a third party has no standing to litigate an Eighth Amendment claim — or indeed any other claim — on his behalf. Without a proper litigant before it, this Court is without power to stay the execution.

Mr. Justice White,

joined by Mr. Justice Brennan and Mr. Justice Marshall,

dissenting.

As Justice Wilkins said in dissent below, there are substantial questions under Furman v. Georgia, 408 U. S. 238 (1972), about the constitutionality of the Utah death penalty statute. Because of Gary Gilmore’s purported waiver of his right to challenge the statute, none of these questions was resolved in the Utah courts. I believe, however, that the consent of a convicted defendant in a criminal case does not privilege a State to impose a punishment otherwise forbidden by the Eighth Amendment. Until the state courts have resolved the obvious, serious doubts about the validity of the state statute, the imposition of the death penalty in this case should be stayed.

Given the inability of Gary Gilmore to waive resolution in the state courts of the serious questions concerning the constitutional legality of his death sentence, there is no jurisdictional barrier to addressing the question upon the application of the defendant’s mother. See Rosenberg v. United States, 346 U. S. 273, 291 (1953) (separate opinion of Jackson, J.). Without examining the constitutionality of the Utah death statute, on November 10, 1976, the Utah Supreme Court vacated its stay of Gilmore’s sentence and dismissed the appeal which his then attorneys had filed on his behalf.

Pending the filing of a timely petition for certiorari, I would continue the stay previously issued by this Court; and upon said filing it would appear that the judgment of the Supreme Court of Utah should be vacated and the case remanded to the state courts for reconsideration in the light of the death penalty decisions announced by this Court last Term. Cf. Collins v. Arkansas, ante, p. 808; Neal v. Arkansas, ante, p. 808.

Mr. Justice Marshall,

dissenting.

I fully agree with my Brother White that a criminal defendant has no power to agree to be executed under an unconstitutional statute. I believe that the Eighth Amendment not only protects the right of individuals not to be victims of cruel and unusual punishment, but that it also expresses a fundamental interest of society in ensuring that state authority is not used to administer barbaric punishments. Irrespective of this, however, I cannot agree with the view expressed by The Chief Justice that Gilmore has competently, knowingly, and intelligently decided to let himself be killed. Less than five months have passed since the commission of the crime; just over two months have elapsed since sentence was imposed. That is hardly sufficient time for mature consideration of the question, nor does Gilmore’s erratic behavior — from his suicide attempt to his state habeas petition — evidence such deliberation. No adversary hearing has been held to examine the experts, all employed by the State of Utah, who have pronounced Gilmore sane. The decision of the Utah Supreme Court, finding a valid waiver can be given little weight. In the transcripts that the court prepared for us, it omitted a portion of its proceedings as having “no pertinency” to the issue of Gilmore’s “having voluntarily and intelligently waived his right to appeal.” That “irrelevant” portion involved a discussion by Gilmore’s trial counsel of his opinion of Gilmore’s competence and the constitutionality of the Utah statute. It is appalling that any court could consider these questions irrelevant to that determination. It is equally shocking that the Utah court, in a matter of such importance, failed even to have a court reporter present to transcribe the proceeding, instead relying on recordings made by dictating machines which have produced a partly unintelligible record. These inexplicable actions by a court charged with life or death responsibility underscore the failure of the State to determine adequately the validity of Gilmore’s purported waiver and the propriety of imposing capital punishment.

Mr. Justice Blackmun,

dissenting.

I am of the view that the question of Bessie Gilmore’s standing and the constitutional issue are not insubstantial, and, indeed, in the context of this case, are of manifest importance. I therefore would have the pending application set for expeditious hearing and given plenary, not summary, consideration. See Mr. Justice Harlan’s haunting admonition, which I joined, in New York Times Co. v. United States, 403 U. S. 713, 752, 755 (1971) (Harlan, J., dissenting).

       This case may be unique in the annals of the Court. Not only does Gary Mark Gilmore request no relief himself, but on the contrary he has expressly and repeatedly stated since his conviction in the Utah courts that he -had received a fair trial and had been well treated by the Utah authorities. Nor does he claim to be innocent of the crime for which he was convicted. Indeed, his only complaint against Utah or its judicial process, including that raised in the state habeas corpus petition mentioned in n. 4, infra, has been with respect to the delay on the part of the State in carrying out the sentence.

       The Chief Justice, Mr. Justice Rehnquist, and Mr. Justice Stevens dissented from issuance of the stay.

       When Bessie Gilmore’s application for a stay first came before the Court, we did not have before us for consideration transcripts of the various hearings at which Gary Mark Gilmore was said to have waived his federal constitutional rights. As today’s order makes clear, each Justice has now had an opportunity to review the relevant transcripts and reports concerning mental competence and waiver.

       At a hearing on November 1, 1976, on a motion for a new trial, Gilmore’s attorneys informed the trial court that they had been told by Gilmore not to file an appeal and not to seek a stay of execution of sentence on his behalf. They also informed the trial court that they had advised Gilmore of his right .to appeal, that they believed there were substantial grounds for appeal, that the constitutionality of the Utah death penalty statute had not yet been reviewed by either the Utah Supreme Court or the United States Supreme Court, and that in their view there was a chance that the statute would eventually be held unconstitutional. The trial court itself advised Gilmore that he had a right to appeal, that the constitutional issue had not yet been resolved, and that both counsel for the State and Gilmore’s own counsel would attempt to expedite an appeal to avoid unnecessary delay. Gilmore stated that he did not “care to languish in prison for another day,” that the decision was his own, and that he had not made the decision as a result of the influence of drugs or alcohol or as a result of the way he was treated in prison. Dn November 4, the state trial court concluded that Gilmore fully understood his right to appeal and the consequences of a decision not to appeal.
      On November 10, the Utah Supreme Court held a hearing on the Utah Attorney General’s motion to vacate a stay of execution of sentence entered two days earlier by that court. Gilmore was present, and, in response to questions from several justices, stated that he thought he had received a fair trial and a proper sentence, that he opposed any appeal in the case, and that he wished to withdraw an appeal previously filed without his consent by appointed trial counsel.
      Finally, at a hearing before the trial court on December 1, Gilmore again informed the court that he opposed all appeals that had been filed.

       In the pretrial period, from August 6 to October 6, 1976, the trial court appointed psychiatrists to examine Gilmore on two occasions, to determine his competency to stand trial and his sanity at the time of the offense. Three of the five psychiatrists who examined Gilmore in that period found no evidence of mental illness or insanity. The record before us does not. include the findings of the other two psychiatrists, which were presented to the trial court when it concluded that Gilmore was sane for the purpose of standing trial.
      After trial, at the November 1 hearing, the state trial court ordered sua sponte that the Utah State Prison Psychiatrist, or other available psychiatric personnel of the prison, examine Gilmore to determine his ability to decide not to appeal. In the order, the court noted that Gilmore had instructed his attorneys not to appeal after they had informed him that there was substantial legal merit to such an appeal. On November 3 the Prison Psychiatrist submitted a report, based on a one-hour psychiatric interview and a review of Gilmore’s medical records, concluding that Gilmore’s decision to waive appeal was the “product of an organized thought process” and that Gilmore had not “become ‘insane’ or mentally ill.” On the same day, two prison psychologists submitted a second report, based on psychological tests and an individual interview, concluding that “[Gilmore] presently has the mental capacity and emotional stability to make the necessary decisions concerning his sentence and to understand the consequences.”
      Gilmore apparently attempted to take his own life on November 16. The Prison Psychiatrist subsequently reported to the Board of Pardons that Gilmore’s mental state on November 24 was “exactly as described” in the psychiatrist’s report to the court on November 3.

       On December 8, 1976, Gilmore, by counsel, advised this Court of the filing of a petition in a Utah state court seeking habeas corpus relief. Although that petition is not in the papers before us, it is understood thát the ground relied upon is not the deprivation of any constitutional right but that there is a 60-day limitation under Utah law upon the carrying out of the sentence of death, an issue which has not been presented to the Utah Supreme Court as of this date.

       Mr. Justice White’s dissent expresses the view that absent an affirmative decision by “the state courts” as to the validity of Utah’s capital punishment statute, “the imposition of the death penalty in this case should be stayed.” However, Gilmore has not challenged the validity of the statute under which he was convicted, and there is no other party before this Court with requisite standing to do so.

       Prior to Gilmore’s seeming waiver, the trial judge also appeared ready to certify an appeal in order that the State Supreme Court could pass on the issue of the validity of the death penalty^statute, an issue he had not himself addressed.

       Nor in the absence of a state-court decision sustaining the death penalty statute would a purported waiver of the Eighth Amendment necessarily be a defense to a wrongful-death action, see Uiah Code Ann. §78-11-7 (1953), based on an execution imposed under an unconstitutional statute.

       If Gilmore’s own lawyers refused to question his competence, the court could certainly ask other counsel acting as amicus curiae to present that side of the issue.

       As The Chief Justice notes, the opinion of the Prison Psychiatrist, the only doctor who has considered Gilmore’s competency since the waiver decision was publicly announced, was based on a review of Gilmore’s medical records and a one-hour interview.


source: Caselaw Access Project

license: Public Domain

text:
    No. 76-948.
    Leib et al. v. Twentieth Century Corp. et al.
   C. A. 3d Cir. Motion of petitioners to dispense with printing petition and appendix and to impound to preserve confidentiality denied.


text:
    No. 75-657.
    Local 3489, United Steelworkers of America, AFL-CIO, et al. v. Usery, Secretary of Labor.
   C. A. 7th Cir. [Certiorari granted, 424 U. S. 907.] Motion of petitioners for leave to file supplemental brief after argument granted.


text:
    No. 75-1707.
    Ohio Bureau of Employment Services et al. v. Hodory.
   Appeal from D. C. N. D. Ohio. [Probable jurisdiction noted, ante, p. 814.] Motions of Republic Steel Corp. and United States Steel Corp. for leave to file briefs as amici curiae granted.


text:
    No. 75-1775.
    Massachusetts v. Westcott.
   Sup. Ct. Jud. Mass.. [Certiorari granted, ante, p. 815] Motion of S. Stephen Rosenfeld, Esquire, to permit Howard Whitehead, Esquire, to argue pro hac vice on behalf of petitioner granted.


text:
    No. 76-167.
    United States v. Ramsey et al.
   C. A. D, C. Cir. [Certiorari granted, ante, p. 815.] Joint motion of respondents to strike petitioner’s brief on the merits denied.


text:
    No. 76-180.
    No. 76-183.
    No. 76-5193.
    No. 76-5200.
    Smith, Administrator, Human Resources Administration of New York City, et al. v. Organization of Foster Families for Equality and Reform et al.; Shapiro, Executive Director, New York State Board of Social Welfare, et al. v. Organization of Foster Families for Equality and Reform et al.; Rodriguez et al. v. Organization of Foster Families for Equality and Reform et al.; and Gandy et al. v. Organization of Foster Families for Equality and Reform et al.
   Appeals from D. C. S. D. N. Y. [Probable jurisdiction noted, ante, p. 883.] Motion of Puerto Rican Family Institute, Inc., et al. for leave to file a brief as amici curiae granted.


text:
    No. 76-316.
    Bates et al. v. State Bar of Arizona.
   Appeal from Sup. Ct. Ariz. [Probable jurisdiction noted, ante, p. 813.] Motion of the State of North Carolina et al. for leave to present oral argument as amici curiae denied.


text:
    No. 76-5358.
    Henry v. Florida,
   ante, p. 951. Counsel for respondent requested to file a response to petition for rehearing within 30 days.


text:
    No. 76-5697.
    Jackson v. United States.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 76-422.
    Dothard, Director, Department of Public Safety of Alabama, et al. v. Rawlinson et al.
   Appeal from D. C. M. D. Ala. [Probable jurisdiction noted, ante, p. 976.] Motion of Walter S. Turner, Esquire, to permit G. Daniel Evans, Esquire, to argue pro hac vice on behalf of appellants granted. Motion of Morris Dees, Esquire, to permit Pamela S. Horowitz to argue pro hac vice on behalf of appellees granted.


text:
    No. 76-99.
    Occidental Life Insurance Company of California v. Equal Employment Opportunity Commission.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 75-6971.
    Sladek v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-153.
    Kelner v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-228.
    Truck Drivers, Oil Drivers, Filling Station & Platform Workers Union, Local No. 705, Affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. National Labor Relations Board et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-289.
    Brasel v. Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 76-290.
    American Civil Liberties Union et al. v. Bozardt et al.
   C. A; 4th Cir. Certiorari denied.


text:
    No. 76-315.
    Wisconsin Valley Trust Co. et al., Co-executors v. Commissioner of Internal Revenue.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-361.
    D. I. Z. Livestock Co. et al. v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 76-365.
    Sloan et al. v. Securities and Exchange Commission et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-367.
    No. 76-369.
    No. 76-5354.
    Faulkner v. United States; Wells v. United States; and McClanahan v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-435.
    F. W. Woolworth Co. v. National Labor Relations Board.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-438.
    Lipkowitz et al., Executors v. Commissioner of Internal Revenue.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-442.
    United States Fidelity & Guaranty Co. v. Equal Employment Opportunity Commission.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-452.
    Key et al. v. Keady, U. S. District Judge, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-153.
    New Hampshire v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 76-455.
    Gillis v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-456.
    O'Looney v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-464.
    Shreiber et al. v. United Industrial Corp.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 76-482.
    Ramirez v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 76-544.
    Neff Trailer Sales, Inc. v. Strickler, Administratrix.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-562.
    Roberts v. American Bank of Muskogee et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-618.
    Martin et al. v. Continental Grain Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-668.
    Molever et al. v. Levenson et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-704.
    Young v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5184.
    Baylor v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 76-5192.
    Phillips v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5199.
    Foster v. United States.
   C. A. 6th Cir. Certiorari denied.,


text:
    No. 76-5213.
    Thornton v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 76-5227.
    Evers v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5238.
    No. 76-5239.
    Banks v. United States; and LaPointe v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5257.
    Mayfield v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5304.
    Sellars v. California et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 76-5348.
    Spates v. Vollero et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5361.
    Hammond v. Bailar, Postmaster General.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5364.
    Tesack v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5383.
    Childress v. United States.
   C, A. 4th Cir. Certiorari denied.


text:
    No. 76-5388.
    Jones v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5396.
    Mahone v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5397.
    Standing Soldier v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5406.
    Love v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5411.
    Gonzalez-Hernandez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5413.
    Walton v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5440.
    No. 76-5553.
    Johnson v. United States; and Gunn v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5441.
    Robison v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5444.
    Demars v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5500.
    Rodriguez v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 76-5508.
    Ray v. Rose, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5576.
    Pearcy v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 76-5584.
    Clark v. Leach et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5586.
    No. 76-5588.
    Flannery v. Pennsylvania; and Bonaduce v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 76-5595.
    Casteel v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 76-5601.
    Fisher v. Pennsylvania.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 76-5604.
    Johnson v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 76-5605.
    Sterling v. Wyrick, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5665.
    Blewitt v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5677.
    Jones v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5689.
    Brown v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5694.
    Ohrynowicz v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5711.
    Yanez-Osorio v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5712.
    Smith v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 75-5718.
    LaBare v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-283.
    Bute et al. v. Quinn et al.
   C. A. 7th Cir. Certiorari denied.

Mr. Justice Blackmun would grant certiorari.


text:
    No. 76-331.
    No. 76-332.
    No. 76-336.
    North Carolina Utilities Commission et al. v. Federal Communications Commission et al.; American Telephone & Telegraph Co. et al. v. Federal Communications Commission et al.; and National Association of Regulatory Utility Commissioners v. Federal Communications Commission et al.
   C. A. 4th Cir. Certiorari denied.

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


author: Mr. Justice Brennan,

text:
    No. 76-339.
    Cousins v. Maryland.
   Ct. App. Md. Certiorari denied.

Mr. Justice Brennan,

with whom Mr. Justice Marshall joins,

dissenting.

Petitioner was charged in an information and an indictment with alleged crimes arising from an incident that occurred at a department store in Montgomery County, Md. The information charged assault upon two store detectives who had attempted to apprehend him after following him from the store into an adjacent shopping mall area. The subsequent indictment charged an assault upon only one of the detectives. On the basis of the information, petitioner was tried first at a bench trial in state court for the assault upon the officer not named in the indictment. He was acquitted. Thereafter, petitioner made a motion to dismiss the indictment on grounds of collateral estoppel and double jeopardy. The trial court denied the motion, and the Court of Appeals of Maryland affirmed. 277 Md. 383, 354 A. 2d 825 (1976).

I would grant the petition for certiorari and reverse the judgment of the Court of Appeals affirming the denial of the motion to dismiss the indictment. I adhere to the view that the Double Jeopardy Clause of the Fifth Amendment, applied to the States through the Fourteenth Amendment, requires the prosecution in one proceeding, except in extremely limited circumstances not present here, of “all the charges against a defendant that grow out of a single criminal act, occurrence, episode, or transaction.” Ashe v. Swenson, 397 U. S. 436, 453-454 (1970) (Brennan, J., concurring). See Dempsey v. United States, 423 U. S. 1079 (1976) (Brennan, J., dissenting); Susi v. Flowers, 423 U. S. 1006 (1975) (Brennan, J., dissenting); Vardas v. Texas, 423 U. S. 904 (1975) (Brennan, J., dissenting); Stewart v. Iowa, 423 U. S. 902 (1975) (Brennan, J., dissenting); Waugh v. Gray, 422 U. S. 1027 (1975) (Brennan, J., dissenting); Wells v. Missouri, 419 U. S. 1075 (1974) (Brennan, J., dissenting); Moton v. Swenson, 417 U. S. 957 (1974) (Brennan, J., dissenting); Tijerina v. New Mexico, 417 U. S. 956 (1974) (Brennan, J., dissenting); Ciuzio v. United States, 416 U. S. 995 (1974) (Brennan, J., dissenting); Harris v. Washington, 404 U. S. 55, 57 (1971) (concurring statement); Waller v. Florida, 397 U. S. 387, 395 (1970) (Brennan, J., concurring). See also People v. White, 390 Mich. 245, 212 N. W. 2d 222 (1973); State v. Brown, 262 Ore. 442, 497 P. 2d 1191 (1972); Commonwealth v. Campana, 452 Pa. 233, 304 A. 2d 432, vacated and remanded, 414 U. S. 808 (1973), adhered to on remand, 455 Pa. 622, 314 A. 2d 854 (1974); State v. Gregory, 66 N. J. 510, 333 A. 2d 257 (1975).


text:
    No. 76-549.
    Skil Corp. v. Millers Falls Co. et al.
   C. A. 6th Cir. Certiorari denied.

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


text:
    No. 76-559.
    Division 241, Amalgamated Transit Union (AFL-CIO) v. Suscy et al.
   C. A. 7th Cir. Certiorari denied.

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


text:
    No. 76-551.
    Americans United et al. v. Rogers et al.
   Sup. Ct. Mo. Certiorari denied.

Mr. Justice Brennan would grant certiorari.


text:
    No. 76-552.
    Whitlow v. Hodges, Director, Division of Driver Licensing, Department of Public Safety of Kentucky.
   C. A. 6th Cir. Certiorari denied.

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


text:
    No. 76-5544.
    Birt v. Georgia.
   Sup. Ct. Ga. Certiorari denied. See Gregg v. Georgia, 428 U. S. 153, 227 (1976) (Brennan, J., dissenting); id., at 231 (Marshall, J., dissenting).

Mr. Justice Brennan and Mr. Justice Marshall would grant certiorari and vacate judgment insofar as it leaves undisturbed the sentence of death.


text:
    No. 75-1681.
    Miller v. Stag Oil Producers, Inc.,
   ante, p. 825. Petition for rehearing denied.


text:
    December 17, 1976
    No. A-488.
    Kearns-Tribune Corp., dba Salt Lake Tribune v. Utah Board of Corrections et al.
   C. A. 10th Cir. Application, for stay of judgment entered December 7, 1976, presented to Mr. Justice White, and by him referred to the Court, denied.

Mr. Justice Brennan and Mr. Justice Marshall would grant stay.


text:
    No. A-453.
    Gilmore v. Utah,
   ante, p. 1012. Petition for rehearing denied.


text:
    December 21, 1976
    No. 76-263.
    Hopi Tribe v. United States et al.
   Ct. Cl. Certiorari dismissed under this Court’s Rule 60.


text:
    No. 76-714.
    Old Elk v. District Court of the Thirteenth Judicial District of Montana et al.
   Appeal from Sup. Ct. Mont, dismissed under this Court’s Rule 60.


text:
    December 28, 1976
    No. 76-685.
    M & T Chemicals, Inc. v. International Business Machines Corp. et al.
   C. A. 2d dr. Certiorari dismissed under this Court’s Rule 60.


text:
    January 10, 1977
    No. 75-1532.
    Hechinger et al. v. Martin, Chairman, District of Columbia Board of Elections and Ethics, et al.
   Affirmed on appeal from D. C. D. C.

The Chief Justice, Mr. Justice Blackmun, and Mr. Justice Powell would note probable jurisdiction and set case for oral argument.


text:
    No. 75-1817.
    Lefkowitz, Attorney General of New York v. C. D. R. Enterprises, Ltd., et al.
   Affirmed on appeal from D. C. E. D. N. Y.

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


text:
    No. 74-1522.
    Colón, Governor of Puerto Rico, et al. v. Ortiz et al.
   Appeal from D. C. Puerto Rico. Judgment vacated and case remanded for consideration of whether cause is moot.


text:
    No. 76-602.
    Gurs v. Gurs.
   Appeal from Ct. App. Cal., 1st 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. 76-614.
    Firth v. Thompson et al., Justices of Supreme Court of Nevada.
   Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-642.
    Chasteen v. Oklahoma.
   Appeal from Ct. Crim. App. Okla. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-696.
    Powell Manufacturing Co., Inc. v. Harrington Manufacturing Co., Inc.
   Appeal from Sup. Ct. N. C. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-673.
    Cazares et al. v. Indiana et al.
   Appeal from C. A. 7th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-5414.
    Powell v. California.
   Appeal from Sup. Ct. Cal. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-5484.
    In re Adoption of R. I.
   Appeal from Sup. Ct. Pa. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-5620.
    Eslinger v. Bates, Director, Department of Public Welfare of Ohio.
   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. 76-5767.
    Smeekens v. Michigan State Bar Grievance Board.
   Appeal from Sup. Ct. Mich, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for certiorari, certiorari denied.


text:
    No. 76-627.
    Cable-Vision, Inc., et al. v. Freeman et al.
   Appeal from Sup. Ct. Fla. dismissed for want of substantial federal question.


text:
    No. 76-660.
    Humane Society of the United States, New Jersey Branch, Inc., et al. v. New Jersey Fish and Game Council et al.
   Appeal from Sup. Ct. N. J. dismissed for want of substantial federal question.


text:
    No. 76-5617.
    Chapdelaine v. Tennessee State Board of Examiners for Land Surveyors et al.
   Appeal from Sup. Ct. Tenn. dismissed for want of substantial federal question.


text:
    No. 74-1601.
    American Telephone & Telegraph Co., Long Lines Department v. Communications Workers of America, AFL-CIO, et al.
   C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of General Electric Co. v. Gilbert, ante, p. 125.


text:
    No. 75-70.
    No. 75-71.
    Social Service Employees Union, Local 371, et al. v. Women in City Government United et al.; and United Federation of Teachers et al. v. Women in City Government United et al.
   C. A. 2d Cir. Certiorari granted and cases remanded for further consideration in light of General Electric Co. v. Gilbert, ante, p. 125.


text:
    No. 75-568.
    Lake Oswego School District No. 7 et al. v. Hutchison.
   C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of General Electric Co. v. Gilbert, ante, p. 125.


text:
    No. 75-1419.
    McDonald, aka MacDonald v. United States.
   C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded to consider merits of petitioner’s appeal.

The Chief Justice, Mr. Justice White, and Mr. Justice Rehnquist dissent.


text:
    No. 75-1887.
    Jones et al. v. Carroll et al.
   C. A. 4th Cir. Motion of respondents for leave to proceed in forma ;pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Meachum v. Fano, 427 U. S. 215 (1976), and Montanye v. Haymes, 427 U. S. 236 (1976).


text:
    No. 75-1459.
    Singer v. United States Civil Service Commission et al.
   C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for reconsideration in light of the position now asserted by the Solicitor General in his memorandum filed on behalf of the United States Civil Service Commission.

The Chief Justice, Mr. Justice White, and Mr. Justice Rehnquist dissent.


text:
    No. 75-1884.
    Croucher et al. v. United States.
   C. A. 5th Cir. Certiorari granted. On representation of the Solicitor General set forth in his memorandum for the United States, filed December 2, 1976, judgment vacated and case remanded for reconsideration in light of position presently asserted by the Government. In all other respects certiorari denied.


text:
    No. 75-7005.
    Watkins v. United States.
   C. A. 5th Cir. Motion for leave to proceed in forma pauperis and certiorari granted. On representation of the Solicitor General set forth in his supplemental memorandum for the United States, filed November 24, 1976, judgment vacated and case remanded for reconsideration in light of position presently asserted by the Government.


text:
    No. 76-5146.
    Rudolph v. Wisconsin.
   Sup. Ct. Wis. Motion for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Doyle v. Ohio, 426 U. S. 610 (1976).


text:
    No. A-436.
    Gaylord v. United States.
   C. A. 7th Cir. Application for bail, presented to Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    No. A-456 (76-930).
    Evans, Governor of Washington, et al. v. Atlantic Richfield Co. et al.
   Appeal from D. C. W. D. Wash. Application for stay of order of permanent injunction entered by the United States District Court for the Western District of Washington granted pending final disposition of appeal in this Court.


text:
    No. A-458.
    Ward v. United States.
   C. A. 5th Cir. Application for bail, presented to Mr. Justice Marshall, and by him referred to the Court, denied.


text:
    No. D-62.
    In re Disbarment of Persky.
   Robert S. Persky, of New York, N. Y., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause heretofore issued on November 1, 1976 [ante, p. 913], is hereby discharged.


text:
    No. D-94.
    In re Disbarment of Esber.
   It is ordered that Edward M. Esber, of Cleveland, Ohio, 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-95.
    In re Disbarment of Ohralik.
   It is ordered that Albert Ohralik, of Cleveland, Ohio, 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. 75-1261.
    No. 75-1355.
    Knebel, Secretary of Agriculture v. Hein et al.; and Burns, Commissioner, Department of Social Services of Iowa, et al. v. Hein et al.
   Appeals from D. C. S. D. Iowa. [Probable jurisdiction noted, 426 U. S. 904.] Motion of appellee Hein for leave to file supplemental memorandum after argument granted.


text:
    No. 75-562.
    Rosebud Sioux Tribe v. Kneip, Governor of South Dakota, et al.
   C. A. 8th Cir. [Certiorari granted, 425 U. S. 989.] Motion of the Solicitor General to permit H. Bartow Farr, Esquire, to present oral argument pro hac vice granted.


text:
    No. 75-909.
    No. 75-960.
    No. 75-1050.
    No. 75-1055.
    Environmental Protection Agency v. Brown, Governor of California, et al.; and Environmental Protection Agency v. Arizona et al. Environmental Protection Agency v. Maryland et al. Virginia ex rel. Air Pollution Control Board v. Train, Administrator, Environmental Protection Agency; and Train, Administrator, Environmental Protection Agency v. District of Columbia et al.
   C. A. 9th Cir.;

C. A. 4th Cir.;

C. A. D. C. Cir. [Certiorari granted, 426 U. S. 904.] Motion of Pacific Legal Foundation for leave to participate in oral argument as amicus curiae denied.


text:
    No. 76-316.
    Bates et al. v. State Bar of Arizona.
   Appeal from Sup. Ct. Ariz. [Probable jurisdiction noted, ante, p. 813.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae granted and 20 minutes allotted for that purpose. Both appellants and appellee granted 10 additional minutes for oral argument. Motion of Magar E. Magar for leave to file a brief pro se as amicus curiae denied.


text:
    No. 76-5382.
    Darden v. Florida.
   Sup. Ct. Fla. Certiorari granted November 1, 1976 [ante, p. 917], limited to Question 1 presented by the petition, dealing with whether the prosecution’s summation to jury in the circumstances of this case deprived petitioner of due process of law.


text:
    No. 76-5598.
    Sayles v. McGuire, U. S. District Judge.
   Motion for leave to file petition for writ of mandamus denied.


text:
    No. 76-352.
    Chapelle v. Greater Baton Rouge Airport District et al.
   Appeal from Ct. App. La., 1st Cir. Probable jurisdiction noted.


text:
    No. 76-115.
    Ward v. Illinois.
   Appeal from Sup. Ct. Ill. Probable jurisdiction noted.


text:
    No. 76-496.
    Wolman et al. v. Essex et al.
   Appeal from D. C. S. D. Ohio. Probable jurisdiction noted.


text:
    No. 76-255.
    Hazelwood School District et al. v. United States.
   C. A. 8th Cir. Certiorari granted.


text:
    No. 76-577.
    Zacchini v. Scripps-Howard Broadcasting Co.
   Sup. Ct. Ohio. Certiorari granted.


text:
    No. 76-674.
    Third National Bank in Nashville v. Impac Limited, Inc., et al.
   Sup. Ct. Tenn. Certiorari granted.


text:
    No. 76-451.
    Alabama Power Co. v. Davis.
   C. A. 5th Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 76-5187.
    Lee v. United States.
   C. A. 7th Cir. Motion for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 75-1049.
    Hutchison v. Lake Oswego School District No. 7 et al.
   C. A. 9th Cir. Certiorari denie'd.


text:
    No. 75-1674.
    Kings County et al. v. Santa Rosa Band of Indians et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 75-7003.
    Scherer v. Pogue, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-158.
    No. 76-159.
    No. 76-334.
    Valentine et al. v. United States; Diaco v. United States; and Dansker et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-174.
    Mead Johnson & Co. v. Goodman, Executor.
   C. A. 3d Cir. Certiorari denied.

566.


text:
    No. 76-177.
    Lupo v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-245.
    No. 76-252.
    No. 76-5125.
    No. 76-5242.
    Hurley v. United States; DiMuro et al. v. United States; Doherty v. United States; and Lung et al. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 76-259.
    Gillion v. Illinois.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 76-264.
    Swisher v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 76-276.
    Hillstrom et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-279.
    Marzano v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-288.
    Heyman, Trustee v. Department of Revenue of Illinois.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-323.
    Wingate et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-326.
    Hinshaw v. Superior Court of California, County of Orange.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 76-327.
    Weinstein v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-343.
    Jones v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-349.
    Garmany v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-353.
    Jones v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-399.
    Crumpler v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-406.
    Napoli v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-410.
    Union Nacional de Trabajadores et al. v. National Labor Relations Board.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 76-412.
    Potito et ux. v. Commissioner of Internal Revenue.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-462.
    Pellicci v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 76-481.
    Duke City Lumber Co. et al. v. Knebel, Secretary of Agriculture, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-497.
    Taxe v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-502.
    Bennett v. Rumsfeld, Secretary of Defense.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-506.
    A et al. v. District Court of the Second Judicial District et al.
   Sup. Ct. Colo. Certiorari denied.


text:
    No. 76-513.
    International Rectifier Corp. et al. v. Pfizer, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-517.
    Kelly v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-519.
    Iadarola et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-535.
    Jones et ux. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-546.
    Sharp v. Federal Deposit Insurance Corp.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-556.
    Brinke Transportation Corp. et al. v. United States et al.
   C. A. D. C. Certiorari denied.


text:
    No. 76-557.
    Khoury v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-560.
    Spitzer Akron, Inc. v. National Labor Relations Board.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-563.
    Canadian Parkhill Pipe Stringing, Ltd., et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-564.
    Markham v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-566.
    Iaconetti v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-569.
    No. 76-570.
    New York Shipping Assn., Inc. v. National Labor Relations Board et al.; and International Longshoremen's Assn., AFL-CIO v. National Labor Relations Board et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-581.
    Russ et al. v. Ratliff et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-596.
    Transamerican Press, Inc., dba Overdrive v. Appleyard.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-598.
    Sparkman v. Carter et al.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 76-608.
    Reliance Insurance Co. v. DeBoer Construction, Inc., et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-609.
    Stebbins v. Weaver et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-610.
    Ryan et al. v. Aurora City Board of Education et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-622.
    Johnson Bronze Co. v. Ostapowicz.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-628.
    Texas Petroleum Co. v. Compania Pelineon De Navegacion, S. A.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-630.
    Nortek, Inc. v. Alexander Grant & Co. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-633.
    Aaacon Auto Transport, Inc. v. State Farm Mutual Automobile Insurance Co.
   C. A. 2d Cir. Certiorari denied.,


text:
    No. 76-638.
    Financial Federal Savings & Loan Assn. v. Burleigh House, Inc.
   Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 76-643.
    Sanchez v. Denver & Rio Grande Western Railroad Co.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-647.
    Perkins et al. v. Highway Patrol Division, Alabama Department of Public Safety.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-651.
    Fowlkes et ux. v. Intratex Gas Co. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-656.
    Bradford et al. v. Plains Cotton Cooperative Assn.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-663.
    Chrysler Motors Corp. et al. v. Greenfield et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-664.
    McDonough et al. v. Morgan et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 76-666.
    Dayon v. Appellate Division, Supreme Court of New York, First Judicial Department, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-669.
    Meshriy et ux. v. Sun Oil Co.
   Ct. App. Mich. Certiorari denied.


text:
    No. 76-679.
    Wyatt v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 76-702.
    Ralston Purina Co. v. Nabisco, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-731.
    Kahoun v. United States.
   C. A. 7th Cin Certiorari denied.


text:
    No. 76-735.
    Garza-Garcia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-738.
    Louisiana & Arkansas Railway Co. v. Martin et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-743.
    Chew v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5040.
    Cozzetti v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5084.
    Spotts v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5092.
    Seijo v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5164.
    Bastida v. Maggio, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5216.
    Penzabene v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5233.
    Austin v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5272.
    Burts et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5289.
    Harry v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5308.
    Kahley, aka Guido v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 76-5311.
    Wilkins v. Maryland.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5316.
    Cohen v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5333.
    Keplinger v. Superintendent, Maryland Correctional Institution.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5340.
    Eucker v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5352.
    Anderson v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida, et al.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 76-5356.
    LeTourneur v. Immigration and Naturalization Service.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5368.
    Alvarez v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.,


text:
    No. 76-5377.
    La Chappelle v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5386.
    Isom v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 76-5387.
    Cohen v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 76-5398.
    Bowerski v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5405.
    Davis v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 76-5407.
    Riggins v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5420.
    Williams v. Iowa.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 76-5424.
    Mullane v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5427.
    Burbank v. Warden, Illinois State Penitentiary.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5428.
    Snipes v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5435.
    McRae v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5437.
    Bryson v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5438.
    Kurowski v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5445.
    Navarro-Varelas, aka Martin v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5446.
    Agrusa v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5447.
    Frazier v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5451.
    Chapman v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 76-5452.
    Moore v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 76-5453.
    Reyes-Padron v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5461.
    Budhu v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5462.
    Wright v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5467.
    Simpson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5469.
    Strahla v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5470.
    Floyd v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5473.
    Guerra v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5477.
    Thompson v. Mathews, Secretary of Health, Education, and Welfare.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5478.
    Harris v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5480.
    Miller v. Hampton, Chairman, U. S. Civil Service Commission, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5481.
    LaCount v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 76-5483.
    Hendricks v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5489.
    Rathburn v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5491.
    Hughes v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5493.
    Johnson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5495.
    Martinez v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5497.
    Brennan v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5498.
    Haymes v. Smith, Correctional Superintendent.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 76-5499.
    Moreno v. Immigration and Naturalization Service.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5502.
    Dimas v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5505.
    In re Hartzell.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5510.
    Rhodes v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5516.
    Brown v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5531.
    Kelley v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5549.
    Skinner v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5555.
    Gonzalez v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5564.
    Farmer v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5567.
    Timmons v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5592.
    Correa-Negron v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5597.
    Bennett v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5608.
    McDonnell v. Parratt, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5609.
    Corley v. Cardwell, Prison Superintendent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5610.
    Freeman v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 76-5621.
    Byrd v. Hopper, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5624.
    Cooper et al. v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 76-5625.
    Tyner v. Ohio.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 76-5634.
    Hinton v. Michigan et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5639.
    Mahone v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5650.
    Henry v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 76-5652.
    Carnes et al. v. Kentucky et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5653.
    Zenglein v. Lewis et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 76-5655.
    Buckingham v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 76-5661.
    Zatko v. Los Angeles Times et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5666.
    Zatko v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 76-5669.
    Napier v. Gertrude et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5670.
    Colvin v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 76-5676.
    Barnett v. Massachusetts.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 76-5680.
    Wright v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 76-5685.
    Borodine v. Massachusetts.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 76-5686.
    Shockley v. Hopper, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5692.
    Dickey v. Pacific Finance Loans et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5693.
    Morita v. Southern California Permanente Medical Group.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5698.
    Lawrence v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 76-5703.
    Jones v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 76-5706.
    Staggers v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5707.
    Williams v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5723.
    Drake v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5728.
    Pinckney v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5737.
    Powell v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5738.
    Martin v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5742.
    Coil v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5746.
    Ratcliffe v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5747.
    Hermosillo-Nanez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5749.
    Jones v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5750.
    Grummel v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5758.
    Leak v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5768.
    Cozzetti v. Albright et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5781.
    Harstrom v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5782.
    Sims et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5783.
    Darby v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5784.
    Johnson v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5794.
    Thomas v. United States.
   C. A. 8th Cir. Certiorari denied..


text:
    No. 76-5795.
    Flowers v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5802.
    Brabham v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5808.
    Del Guzzi v. United States.
   C. A. 9th Cir. Certiorari denied.,


text:
    No. 76-5814.
    Arnold v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5827.
    Ginyard v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5828.
    Smith v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5829.
    Bobnes v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5831.
    Massaro v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 75-1899.
    McManus, Chief Judge, U. S. District Court, et al. v. United States.
   C. A. 8th Cir. Certiorari denied.

Mr. Justice Brennan would grant certiorari.


text:
    No. 76-10.
    Cutting et al. v. United States.
   C. A. 9th Cir. Certiorari denied.

Mr. Justice Brennan,

with whom Mr. Justice Stewart and Mr. Justice Marshall join,

dissenting.

Petitioners were convicted of mailing obscene materials in violation of 18 U. S. C. § 1461. I adhere to the view that this statute is " 'clearly overbroad and unconstitutional on its face.’ ” See, e. g., Millican v. United States, 418 U. S. 947, 948 (1974) (Brennan, J., dissenting), quoting United States v. Orito, 413 U. S. 139, 148 (1978) (Brennan, J., dissenting). I therefore would grant certiorari and reverse.


text:
    No. 76-389.
    Local 1830 et al., General Longshore Workers, International Longshoremen's Assn., AFL-CIO v. Bailey.
   C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari denied.


text:
    No. 76-599.
    Fishman et al. v. Schaffer, Secretary of State of Connecticut, et al.
   C. A. 2d Cir. Certiorari denied.

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


text:
    No. 76-605.
    Fridrich et al. v. Bradford et al.
   C. A. 6th Cir. .Certiorari denied.

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


text:
    No. 76-684.
    Estelle, Corrections Director v. Bruce.
   C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 76-708.
    Fireman’s Fund Insurance Co. v. Videfreeze Corp. et al.
   C. A. 3d Cir. Motion to strike portion of petition for certiorari and other relief denied. Certiorari denied.


text:
    No. 76-723.
    Ross v. Morales.
   C. A. 10th Cir. Certiorari denied.

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


text:
    No. 76-5283.
    Thompson v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.

Mr. Justice Brennan,

with whom Mr. Justice Marshall joins,

dissenting.

Petitioner was charged by information in an Oklahoma state court with murder. After a jury trial, he was convicted of manslaughter in the first degree. Thereafter, petitioner was charged in separate informations with two additional offenses arising out of the same episode: burglary in the first degree and carrying firearms. He pleaded guilty to these offenses and was sentenced to additional concurrent terms of 10 years’ imprisonment for each offense. Petitioner then made an application for post-conviction relief in the State District Court attacking the latter two convictions on grounds of collateral estoppel and double jeopardy. The District Court denied the application, and the Oklahoma Court of Criminal Appeals affirmed.

I would grant the petition for certiorari and reverse the judgment of the Court of Criminal Appeals affirming the burglary and firearm convictions. I adhere to the view that the Double Jeopardy Clause of the Fifth Amendment, applied to the States through the Fourteenth Amendment, requires the prosecution in one proceeding, except in extremely limited circumstances not present here, of “all the charges against a defendant that grow out of a single criminal act, occurrence, episode, or transaction.” Ashe v. Swenson, 397 U. S. 436, 453-454 (1970) (Brennan, J., concurring). See Cousins v. Maryland, ante, p. 1027 (Brennan, J., dissenting) ; Dempsey v. United States, 423 U. S. 1079 (1976) (Brennan, J., dissenting) ; Susi v. Flowers, 423 U. S. 1006 (1975) (Brennan, J., dissenting); Vardas v. Texas, 423 U. S. 904 (1975) (Brennan, J., dissenting); Stewart v. Iowa, 423 U. S. 902 (1975) (Brennan, J., dissenting); Waugh v. Gray, 422 U. S. 1027 (1975) (Brennan, J., dissenting); Wells v. Missouri, 419 U. S. 1075 (1974) (Brennan, J., dissenting); Moton v. Swenson, 417 U. S. 957 (1974) (Brennan, J., dissenting); Tijerina v. New Mexico, 417 U. S. 956 (1974) (Brennan, J., dissenting); Ciuzio v. United States, 416 U. S. 995 (1974) (Brennan, J., dissenting); Harris v. Washington, 404 U. S. 55, 57 (1971) (concurring statement); Waller v. Florida, 397 U. S. 387, 395 (1970) (Brennan, J., concurring). See also People v. White, 390 Mich. 245, 212 N. W. 2d 222 (1973); State v. Brown, 262 Ore. 442, 497 P. 2d 1191 (1972); Commonwealth v. Campana, 452 Pa. 233, 304 A. 2d 432, vacated and remanded, 414 U. S. 808 (1973), adhered to on remand, 455 Pa. 622, 314 A. 2d 854 (1974); State v. Gregory, 66 N. J. 510, 333 A. 2d 257 (1975).


text:
    No. 76-5731.
    Berryhill v. Georgia.
   Sup. Ct. Ga. Certiorari denied. See Gregg v. Georgia, 428 U. S. 153, 227 (1976) (Brennan, J., dissenting); id., at 231 (Marshall, J., dissenting).

Mr. Justice Brennan and Mr. Justice Marshall would grant certiorari and vacate judgment insofar as it leaves undisturbed the sentence of death.


text:
    No. 76-5300.
    Colbert v. United States.
   C. A. 6th Cir. Certiorari denied.

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


text:
    No. 76-5825.
    Hines v. United States.
   C. A. 7th Cir. Motion of petitioner to consolidate for consideration with No. 76-5233, Austin v. United States, supra, p. 1043, granted. Certiorari denied.


text:
    No. 643, O. T. 1970.
    Alexander v. United States,
   400 U. S. 941. Motion for leave to file petition for rehearing denied.


text:
    No. 75-6782.
    No. 76-77.
    No. 76-94.
    No. 76-278.
    No. 76-5211.
    No. 76-5284.
    No. 76-5307.
    No. 76-5318.
    No. 76-5373.
    Douglas v. Florida, Harris v. United States, Henry, aka Obadele v. United States, Jolley v. United States, Capito v. United States, Spencer v. Georgia, Mathis v. Secretary of Defense, Dioquino v. Workmen's Compensation Appeal Board of California et al., Smith, aka Machetti v. Georgia,
   ante, p. 871;

ante, p. 939;

ante, p. 959;

ante, p. 964;

ante, p. 961;

ante, p. 932;

ante, p. 983;

ante, p. 927; and

ante, p. 932. Petitions for rehearing denied.


text:
    January 12, 1977
    No. A-560.
    Gilmore v. Utah.
   Sup. Ct. Utah. Application for stay of execution by Latter-Day Saint Freedom Foundation as amicus curiae, presented to Mr. Justice White, and by him referred to the Court, denied.


text:
    January 17, 1977
    No. 76-75.
    Guste, Attorney General of Louisiana, et al. v. Weeks et al.
   Appeal from D. C. E. D. La. Motion of appellees for leave to proceed in forma pauperis granted. Judgment affirmed.


text:
    No. 76-466.
    Edwards et al. v. Price et al.
   Appeal from Sup. Ct. Colo, dismissed for want of substantial federal question.


text:
    No. 76-732.
    Connolly Development, Inc., et al. v. Superior Court of California, Merced County, et al.
   Appeal from Sup. Ct. Cal. dismissed for want of substantial federal question.


text:
    No. 76-5735.
    Santana v. Ross, Industrial Commissioner of New York.
   Appeal from Ct. App. N. Y. dismissed for want of substantial federal question.


text:
    No. 76-721.
    Vitello v. New York.
   Appeal from Ct. App. N. Y. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-836.
    Thompson v. Virginia.
   Appeal from Sup. Ct. Va. dismissed for want of substantial federal question.


text:
    No. 76-740.
    Ditson, Trustee v. City of Boston.
   Appeal from Ct. App, Mass, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-752.
    United States Parole Commission v. Shepard.
   Appeal from C. A. 2d Cir. Motion of appellee for leave to proceed in forma pauperis granted. Judgment vacated and case remanded for further consideration in light of Moody v. Daggett, ante, p, 78, and to consider whether case is moot.


text:
    No.-.
    Buddy Systems, Inc. v. Exer-Genie, Inc., et al.
   C. A. 9th Cir. Motion of petitioner for leave to proceed in forma pauperis and to dispense with printing petition denied.


author: Mr. Justice Marshall:

text:
    No. A-569.
    Jurek v. Estelle, Corrections Director, et al.
   Ct. Crim. App. Tex. Application for stay of execution of sentence of death, presented to Mr. Justice Powell, and by him referred to the Court, granted pending filing of a petition for writ of certiorari on or before the close of business, February 16, 1977. In the event a petition for writ of certiorari is so filed, this order is to remain in effect pending this Court’s action on the petition. Should the petition for writ of certiorari be denied, this order is to terminate automatically. In the event the petition for writ of certiorari is granted, this order is to remain in effect pending issuance of mandate of this Court. The State of Texas is to file its response to petition for writ of certiorari on or before the close of business March 3, 1977.

Mr. Justice Marshall:

While I agree that a stay should issue, I cannot comprehend — and emphatically dissent from — the Court’s decision to compel petitioner to prepare his petition for certiorari (and the State to prepare its response) on an expedited basis. When human life is at stake, such haste is as unseemly as it is inappropriate.


text:
    No. A-576.
    Ritter, Chief Judge, U. S. District Court v. Utah.
   C. A. 10th Cir. Application for stay of execution denied.

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


text:
    No. 75-562.
    Rosebud Sioux Tribe v. Kneip, Governor of South Dakota, et al.
   C. A. 8th Cir. [Certiorari granted, 425 U. S. 989.] Motion of the State of North Dakota et al. for leave to file an untimely brief as amici curiae denied.


text:
    No. 75-871.
    Manson, Correction Commissioner v. Brathwaite.
   C. A. 2d Cir. [Certiorari granted, 425 U. S. 957.] Motion for appointment of counsel nunc pro tunc granted, and it is ordered that David S. Golub, Esquire, of Stamford, Conn., is appointed to serve as counsel for respondent in this case.


text:
    No. 75-1578.
    Wainwright, Secretary, Department of Offender Rehabilitation of Florida v. Sykes.
   C. A. 5th Cir. [Certiorari granted, ante, p. 883.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae granted and 15 minutes allotted for that purpose. Counsel for respondent also allotted an additional 15 minutes for oral argument.


text:
    No. 75-1707.
    Ohio Bureau of Employment Services et al. v. Hodory.
   Appeal from D. C. N. D. Ohio. [Probable jurisdiction noted, ante, p. 814.] Motion of American Federation of Labor & Congress of Industrial Organizations for leave to file a brief as amicus curiae granted.


text:
    No. 76-15.
    Continental T. V., Inc., et al. v. GTE Sylvania, Inc.
   C. A. 9th Cir. [Certiorari granted, ante, p. 893.] Motion of Motor Vehicle Manufacturers Assn. for leave to file a brief as amicus curiae denied. Motions of International Franchise Assn. and Associated Equipment Distributors for leave to file briefs as amici curiae granted.


text:
    No. 76-37.
    Vorchheimer v. School District of Philadelphia et al.
   C. A. 3d Cir. [Certiorari granted, ante, p. 893.] Motion of American Jewish Committee et al. for leave to file a brief as amici curiae denied.


text:
    No. 76-316.
    Bates et al. v. State Bar of Arizona.
   Appeal from Sup. Ct. Ariz. [Probable jurisdiction noted, ante, p. 813.] Motion of the State Bar of California for leave to participate in oral argument as amicus curiae denied. Motion of Richard B. Spohn, Director of Department of Consumer Affairs for the State of California, for leave to file a brief as amicus curiae denied.


text:
    No. 76-333.
    United Air Lines, Inc. v. Evans.
   C. A. 7th Cir. [Certiorari granted, ante, p. 917.] Motion of Isaiah S. Dorfman, Esquire, to permit Alan M. Levin, Esquire, to argue pro hac vice on behalf of respondent granted. Motions of Equal Employment Advisory Council et al. and Delta Air Lines, Inc., et al. for leave to file briefs as amici curiae granted. Motion of American Federation of Labor & Congress of Industrial Organizations for leave to file a brief as amicus curiae denied.


text:
    No. 76-615.
    Sloan v. Mulligan, U. S. Circuit Judge.
   Motion for leave to file petition for writ of mandamus denied.


text:
    No. 76-5844.
    Johnson v. Malley, Warden.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 76-933.
    No. 76-934.
    No. 76-935.
    Finch, Governor of Mississippi, et al. v. Connor et al.; United States v. Finch, Governor of Mississippi, et al.; and Connor et al. v. Finch, Governor of Mississippi, et al.
   Appeals from D. C. S. D. Miss. Probable jurisdiction noted. Cases consolidated with No. 76-777 [Connor v. Finch, probable jurisdiction noted, ante, p. 1010] and a total of one and one-half hours allotted for oral argument. Parties shall file and exchange briefs on the merits on or before the close of business Monday, February 7, 1977. Responsive briefs, if any, shall be filed and exchanged on or before the close of business Monday, February 21, 1977. Oral argument set for Monday, February 28, 1977.


text:
    No. 76-539.
    Dayton Board of Education et al. v. Brinkman et al.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 76-446.
    Enomoto, Corrections Director, et al. v. Navarette.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 76-607.
    No. 76-659.
    No. 76-700.
    No. 76-722.
    Miree et al. v. DeKalb County, Georgia, et al.; Phillips v. DeKalb County, Georgia, et al.; Fireman’s Fund Insurance Co. v. DeKalb County, Georgia, et al.; and Fields v. DeKalb County, Georgia, et al.
   C. A. 5th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument.


text:
    No. 76-5344.
    Moore v. Illinois.
   C. A. 7th Cir. Motion for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 76-5416.
    Jones v. Hildebrant et al.
   Sup. Ct. Colo'. Motion for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 76-308.
    Johnson et al. v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-490.
    Lehigh & New England Railway Co. v. Interstate Commerce Commission et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-498.
    Kappelmann et ux. v. Delta Air Lines, Inc., et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-518.
    Cooper v. New York.
   Sup. Ct. N. Y., New York County. Certiorari denied.


text:
    No. 76-533.
    Edwards v. Tennessee.
   Sup. Ct. Term. Certiorari denied.


text:
    No. 76-580.
    Breckinridge et al. v. Rumsfeld, Secretary of Defense, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-593.
    Rojas v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-600.
    Dreske v. Holt, Sheriff.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-604.
    United Contractors, Inc., et al. v. National Labor Relations Board.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-644.
    No. 76-652.
    Buckley v. Littell; and Littell v. Buckley.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-690.
    Pierre J. LeLandais & Co., Inc., et al. v. MDS-Atron, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-703.
    Ochs et al. v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 76-716.
    Fisher v. First National Bank of Chicago.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-717.
    Hunt et al. v. Pan American Energy, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-733.
    Kalin v. Youngblood et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 76-736.
    La Mirada Trucking, Inc., et al. v. Teamsters Local Union 166 et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-771.
    Hurt v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-834.
    Peroff v. Hylton, U. S. Marshal, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5313.
    White v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5324.
    Clark v. Wyrick, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5349.
    Crowder v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-5350.
    No. 76-5402.
    Thomas v. United States; and Mills v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5375.
    Ecker v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-5380.
    Ricketts v. Texas et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5395.
    No. 76-5460.
    Ayendes v. United States; and Noles v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5408.
    Manville v. Michigan.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 76-5425.
    Boyer v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 76-5443.
    Diaz v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 76-5458.
    Rodriguez v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 76-5459.
    Lopez-Escalante v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5492.
    Thomas v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5494.
    No. 76-5512.
    Petersen v. United States; and Temple et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5506.
    Urquhart v. Wainwright, Secretary, Department of Offender Rehabilitation of Florida.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5511.
    Northern v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 76-5513.
    R. S. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5524.
    Clark v. Fike, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5532.
    Campbell v. Superintendent, Virginia State Penitentiary.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5575.
    Stephenson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5583.
    Ezzell v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5619.
    Crane v. Hinshaw et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5641.
    Scott v. Mathews, Secretary of Health, Education, and Welfare.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5690.
    McDonald v. Tennessee et al.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 76-5695.
    Weir v. Wyrick, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5704.
    Cochrell v. Wyrick, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5716.
    Wilson v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 76-5719.
    Trantow v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 76-5724.
    Powell v. Alabama.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5741.
    Omernick v. Crooks et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5744.
    Hogan v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5745.
    Tanner v. Vincent, Correctional Superintendent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5751.
    Morith v. Barr et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 76-5753.
    Hill v. Minnesota.
   Sup. Ct. Minn. Certiorari denied.


text:
    No. 76-5754.
    Scott, aka Whatley v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 76-5755.
    Smith v. Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 76-5760.
    Fields v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 76-5762.
    Bailey v. Delaware Correctional Center.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5765.
    Miller v. Miller.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5772.
    Baker v. United States et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5777.
    Jones v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 76-5798.
    Tucker v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5823.
    Bates v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-5852.
    Scott v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5877.
    Smith v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5882.
    Murphy v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5913.
    Sanders v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-601.
    Evans et al. v. Hills, Secretary of Housing and Urban Development, et al.
   C. A. 2d Cir. Certiorari denied.

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


text:
    No. 76-646.
    Bradford School Bus Transit, Inc., et al. v. Chicago Transit Authority et al.
   C. A. 7th Cir. Certiorari denied.

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


text:
    No. 76-655.
    Creel et al. v. Freeman et al.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice White would grant certiorari.


text:
    No. 75-929.
    No. 76-179.
    Estelle, Corrections Director v. Gamble, Markert v. United States,
   ante, p. 97; and

ante, p. 999. Petions for rehearing denied.


text:
    No. 76-206.
    No. 76-381.
    No. 76-5530.
    Conley v. Sawyer, Conley v. Hampton, Chairman, U. S. Civil Service Commission, et al., Stephens v. Georgia,
   ante, p. 999;

ante, p. 1000; and

ante, p. 986. Petitions for rehearing denied.


text:
    January 24, 1977
    No. 76-649.
    Amerada Hess Corp. et al v. Fahy, Judge, U. S. Court of Appeals, et al.
   C. A. D. C. Cir. Motion for leave to file petition for writ of certiorari and other relief dismissed under this Court’s Rule 60.


text:
    January 25, 1977
    No. 76-764.
    Bowen, Governor of Indiana, et al. v. Gary-Northwest Indiana Women’s Services, Inc., et al.
   Affirmed on appeal from D. C. N. D. Ind.


text:
    No. 76-459.
    No. 76-478.
    Communications Workers of America v. Western Electric Co., Inc., et al.; and Colorado Department of Labor and Employment et al. v. Western Electric Co., Inc., et al.
   Appeals from Sup. Ct. Colo, dismissed for want of substantial federal question.

Mr. Justice Brennan and Mr. Justice Stewart would note probable jurisdiction and set cases for oral argument.


text:
    No. 76-852.
    Oatman v. State Tax Commission.
   Appeal from App. Div., Sup. Ct. N. Y., 3d Jud. Dept., dismissed for want of jurisdiction.


text:
    No. 76-5456.
    Flanigan v. Public Employees’ Retirement Assn.
   Appeal from Sup. Ct. Colo, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 76-5835.
    Dawn v. Wenzler et al.
   Appeal from D. C. C. D. Cal. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 75-1002.
    Joseph Skilken & Co. et al. v. City of Toledo et al.
   C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Village of Arlington Heights v. Metropolitan Housing Development Corp., ante, p. 252, and Hills v. Gautreaux, 425 U. S. 284 (1976).


text:
    No. 76-212.
    No. 76-458.
    No. 76-468.
    No. 76-515.
    No. 76-520.
    No. 76-522.
    Metropolitan School District of Perry Township, Marion County, Indiana v. Buckley et al.; School Town of Speedway, Marion County, Indiana, et al. v. Buckley et al.; and Metropolitan School District of Lawrence Township, Marion County, Indiana, et al. v. Buckley et al. Bowen, Governor of Indiana, et al. v. United States et al.; Board of School Commissioners of Indianapolis et al. v. Buckley et al.; and Housing Authority of Indianapolis v. Buckley et al.
   Appeals from C. A. 7th Cir.; and

C. A. 7th Cir. Certiorari granted in Nos. 76-515, 76-520, and 76-522. Judgment vacated and cases remanded for further consideration in light of Village of Arlington Heights v. Metropolitan Housing Development Corp., ante, p. 252; and Washington v. Davis, 426 U. S. 229 (1976).

Mr. Justice Brennan, Mr. Justice Marshall, and Mr. Justice Stevens dissent.


text:
    No. A-545.
    Estate of Whitlock et al. v. Commissioner of Internal Revenue et al.
   Application for stay of execution and enforcement of judgment of the United States Court of Appeals for the Tenth Circuit, presented to Mr. Justice Brennan, and by him referred to the Court, denied.


text:
    No. D-66.
    In re Disbarment of Seffern.
   Disbarment entered. [For earlier order, see ante, p. 914.]


text:
    No. D-76.
    In re Disbarment of Thompson.
   Disbarment entered. [For earlier order, see ante, p. 937.]


text:
    No. D-80.
    In re Disbarment of Kates.
   Disbarment entered. [For earlier order, see ante, p. 953.]


text:
    No. D-97.
    In re Disbarment of Deutsch.
   It is ordered that Robert I. Deutsch, of Boston, Mass., 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. 75-1126.
    No. 75-1385.
    Trans World Airlines, Inc. v. Hardison et al.; and International Association of Machinists & Aerospace Workers, AFL-CIO, et al. v. Hardison et al.
   C. A. 8th Cir. [Certiorari granted, ante, p. 958.] Motions of Equal Employment Advisory Council and Chrysler Corp. for leave to file briefs as amici curiae granted.


text:
    No. 75-1870.
    No. 75-1872.
    E. I. du Pont de Nemours & Co. et al. v. Collins et al.; and Securities and Exchange Commission v. Collins et al.
   C. A. 8th Cir. [Certiorari granted, ante, p. 815.] Motion of petitioners for additional time for oral argument granted and 15 additional minutes allotted for that purpose. Respondents also allotted an additional 15 minutes for oral argument.


text:
    No. 76-15.
    Continental T. V., Inc., et al. v. GTE Sylvania, Inc.
   C. A. 9th Cir. [Certiorari granted, ante, p. 893.] Motion of Motor Vehicle Manufacturers Assn. to reconsider order denying leave to file brief as amicus curiae granted, and it is now ordered that motion for leave to file be granted and brief filed.


text:
    No. 76-180.
    No. 76-183.
    No. 76-5193.
    No. 76-5200.
    Smith, Administrator, New York City Human Resources Administration, et al. v. Organization of Foster Families for Equality & Reform et al.; Shapiro, Executive Director, New York State Board of Social Welfare, et al. v. Organization of Foster Families for Equality & Reform et al.; Rodriguez et al. v. Organization of Foster Families for Equality & Reform et al.; and Gandy et al. v. Organization of Foster Families for Equality & Reform et al.
   Appeals from D. C. S. D. N. Y. [Probable jurisdiction noted, ante, p. 883.] Motion of A Group of Concerned Persons for Children for leave to file a brief as amicus curiae granted.


text:
    No. 76-333.
    United Air Lines, Inc. v. Evans.
   C. A. 7th Cir. [Certiorari granted, ante, p. 917.] Motion of NAACP Legal Defense & Educational Fund, Inc., for leave to file a brief as amicus curiae granted.


text:
    No. 76-682.
    Santa Clara Pueblo et al. v. Martinez et al.
   C. A. 10th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 76-749.
    Pfizer, Inc., et al. v. Government of India et al.
   C. A. 8th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

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


text:
    No. 76-5763.
    Mayfield v. United States.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 76-742.
    Great National Life Insurance Co. et al. v. Pine Gate Associates, Ltd.
   Motion for leave to file petition for writ of prohibition and other relief denied.


text:
    No. 76-939.
    American Telephone & Telegraph Co. et al. v. United States.
   Motion for leave to file petition for writ of certiorari and/or petition for writ of certiorari before judgment denied.


text:
    No. 75-536.
    Nashville Gas Co. v. Satty.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 75-1069.
    Richmond Unified School District et al. v. Berg.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 76-398.
    Citizens & Southern National Bank v. Bougas.
   Ct. App. Ga. Certiorari granted.


text:
    No. 76-761.
    Ballew v. Georgia.
   Ct. App. Ga. Certiorari granted.


text:
    No. 75-1914.
    Monell et al. v. Department of Social Services of the City of New York et al.
   C. A., 2d Cir. Certiorari granted limited to Question 2 presented by the petition.


text:
    No. 76-835.
    United States v. New York Telephone Co.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 76-5325.
    Browder v. Director, Department of Corrections of Illinois.
   C. A. 7th Cir. Motion for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 76-483.
    Ayo-Gonzalez et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-494.
    International Union of Operating Engineers, Local 542 et al. v. National Labor Relations Board.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-495.
    KAKE-TV & Radio, Inc. v. United States et al.
   C. A, 10th Cir. Certiorari denied.


text:
    No. 76-534.
    International Association of Machinists & Aerospace Workers, AFL-CIO, et al. v. Oxco Brush Division of Vistron Corp.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-542.
    Thomason v. Sanchez et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-553.
    Wald Transfer & Storage Co. et al. v. National Labor Relations Board.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-565.
    Bailey v. Delaware.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 76-572.
    Buzzard v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-568.
    White & Case et al. v. Securities and Exchange Commission.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-575.
    Kutas v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-583.
    Wright v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-584.
    Sinclair v. Hanover Insurance Co. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-586.
    Coplen v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-589.
    Birchfield v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-623.
    Bankers Life & Casualty Co. v. Hoffmann, Secretary of the Army, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-626.
    Heftel Broadcasting Honolulu, Inc. v. Wong, Director of Taxation.
   Sup. Ct. Hawaii. Certiorari denied.


text:
    No. 76-632.
    Lord, Bissell & Brook et al. v. Securities and Exchange Commission.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-637.
    Russell Corp. v. United States.
   Ct. Cl. Certiorari denied.


text:
    No. 76-661.
    No. 76-5471.
    Woolen et al. v. United States; and Woolen v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-670.
    Second Avenue Limited Dividend Housing Assn. et al. v. Hills, Secretary, Housing and Urban Development, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-693.
    Berger et al. v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-698.
    Lyons v. Fagan et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 76-710.
    Board of Education of Jefferson County et al. v. Newburg Area Council, Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-851.
    Albert et al. v. First National Bank & Trust Company of Marquette, Executor.
   Ct. App. Mich. Certiorari denied.


text:
    No. 76-737.
    Campbell v. Staple Cotton Cooperative Assn.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 76-751.
    Koehler Management Corp. et al. v. Nickels et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-756.
    Hanson v. Shell Oil Co.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-812.
    Harris v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-822.
    Taylor v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-842.
    Bloom v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-866.
    Ong v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 76-896.
    Jones v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5454.
    Hall v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5463.
    Szymanski v. Michigan.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 76-5474.
    Johnson v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5476.
    Clyne v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5485.
    Sellers v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5496.
    De Kaplany v. Enomoto, Corrections Director.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5501.
    Moreno-Ortiz v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5518.
    Boswell v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5521.
    No. 76-5543.
    Rose v. United States; and Berry v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5533.
    Byram v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5534.
    Bagley v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5536.
    Hutton v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5539.
    Lepera v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5542.
    Kelley v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5550.
    Tyler v. Ryan et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5556.
    Sellars v. Estelle, Corrections Director.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5559.
    Cagle v. McCune, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 76-5560.
    McKinney v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5562.
    Proffitt v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5578.
    Fulcher v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 76-5611.
    Irby v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 76-5629.
    Bolanos-Caamano v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5649.
    Murphy v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 76-5679.
    White v. Election Laws of the State of Colorado.
   Sup. Ct. Colo. Certiorari denied.


text:
    No. 76-5702.
    Byrum v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 76-5708.
    Roberts v. Director, Department of Corrections of Rhode Island.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 76-5790.
    Boothe v. Missouri.
   Ct. App. Mo., Kansas City Dist. Certiorari denied.


text:
    No. 76-5791.
    Ogrod v. Pennsylvania.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5799.
    Lasley v. Minnesota.
   Sup. Ct. Minn. Certiorari denied.


text:
    No. 76-5805.
    Collins v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 76-5806.
    Zatko v. California.
   Sup. Ct, Cal. Certiorari denied.


text:
    No. 76-5813.
    Wheeldon v. Reynolds.
   Sup. Ct. Colo, Certiorari denied.


text:
    No. 76-5816.
    Crane v. Ram Enterprises, Inc.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5817.
    Crane v. City of San Diego et al.
   C. A. 9th Cir. Certiorari denied-.


text:
    No. 76-5818.
    Crane v. County of Riverside et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5819.
    Banks v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 76-5822.
    Smock v. Kessler, Judge, et al.
   Ct. App. Ohio, Montgomery County. Certiorari denied.


text:
    No. 76-5849.
    Bynum v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5861.
    No. 76-5863.
    Moss v. United States; and Downey v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-5904.
    Mastrangelo v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 76-5907.
    Greene v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 76-5908.
    Altstatt v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 76-5912.
    Smith v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 76-5955.
    Frazier v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 76-592.
    Kansas Refined Helium Co., a Division of Angle Industries, Inc. v. National Labor Relations Board et al.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 76-658.
    Norfolk, Baltimore & Carolina Lines, Inc., et al. v. Director, Office of Workers' Compensation Programs, U. S. Department of Labor, et al.
   C. A. 4th Cir. Motion of Nellie Smith Rouse, widow of respondent Lee Rouse, for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 76-691.
    Thompson v. Gaffney et al.
   C. A. 6th Cir. Certiorari denied.

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


text:
    No. 76-725.
    Armstrong et al. v. Aiken.
   Sup. Ct. Alaska. It appearing there is no final judgment within the meaning of 28 U. S. C. § 1257, certiorari denied.


text:
    No. 76-753.
    Borri v. Siverson.
   Sup. Ct. Fla. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.