text:
    No. 86-460.
    McMahon et al. v. McDowell et al.
   C. A. 3d Cir. Certiorari denied.

Justice White,

dissenting.

In this case the Court of Appeals for the Third Circuit held that certain provisions of the Pennsylvania Wage Payment and Collection Law (WPCL), Pa. Stat. Ann., Title 43, §260.1 et seq. (Purdon 1964 and Supp. 1986), were pre-empted by § 514(a) of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 897, 29 U. S. C. § 1144(a). 794 F. 2d 100 (1986). The WPCL authorizes an employee to sue his or her employer for wages, fringe benefits, and pension plan contributions. The Court of Appeals reasoned that these provisions could not withstand the preemptive sweep of § 514(a), inasmuch as ERISA establishes a comprehensive mechanism for the recovery of delinquent pension plan contributions, and the petitioner-employees in this case were attempting to avoid this mechanism and “substitute instead a state regulation that circumvents the scheme carefully devised by Congress.” 794 F. 2d, at 107. This holding conflicts with the decision in Sasso v. Vachris, 66 N. Y. 2d 28, 484 N. E. 2d 1359 (1985). In that case, the Court of Appeals of the State of New York held that § 514(a) did not pre-empt N. Y. Bus. Corp. Law § 630 (McKinney 1986), which imposes personal liability upon the 10 largest shareholders of a closely held New York corporation for the payment of pension fund contributions owed its employees. Observing that ERISA also contained remedial provisions for the collection of delinquent contributions, the Sasso court stated that these remedies “merely supplement, rather than supersede, existing State remedies . . . .” 66 N. Y. 2d, at 36, 484 N. E. 2d, at 1364. I would grant the petition for certiorari to resolve this conflict.


source: Caselaw Access Project

license: Public Domain

text:
    No. 86-471.
    Cooper et al. v. Forsyth County Hospital Authority, Inc., et al.
   C. A. 4th Cir. Certiorari denied.

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


text:
    No. 86-496.
    Volkswagen of America, Inc. v. Protos.
   C. A. 3d Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 86-601.
    Mathes v. Commissioner of Internal Revenue.
   C. A. D. C. Cir. Certiorari denied.

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


author: Justice Brennan, Justice Marshall,

text:
    No. 86-5541.
    Maxwell v. Florida.
   Sup. Ct. Fla. Certio-rari denied.

Justice Brennan,

dissenting.

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

Justice Marshall,

dissenting.

Adhering to my view that the death penalty is under all circumstances cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, I would vacate the judgment of the Florida Supreme Court insofar as it left undisturbed the death sentence imposed in this case. Gregg v. Georgia, 428 U. S. 153, 231 (1976) (Marshall, J., dissenting). However, even if I believed that the death penalty could constitutionally be imposed under certain circumstances, I would nevertheless grant certiorari because petitioner’s Sixth Amendment right to effective assistance of counsel required that he be given access to his trial counsel’s work files for use in his state habeas corpus hearing in which he alleged that trial counsel’s representation was constitutionally deficient.

I

Petitioner was convicted of murder and sentenced to death after a jury trial. The Supreme Court of Florida affirmed his conviction and sentence on direct appeal. 443 So. 2d 967 (1983). Following the issuance of a death warrant, petitioner sought habeas corpus relief in state court. After a hearing, the habeas petition was denied; the Supreme Court of Florida again affirmed. Maxwell v. Wainwright, 490 So. 2d 927 (1986).

The petition stated a claim for ineffective assistance of trial counsel, challenging counsel’s failure to make certain motions and objections in the course of petitioner’s defense. The habeas petition also alleged that trial counsel, engaged in his first attempt to defend a client on capital charges, inadequately investigated petitioner’s background in preparation for the penalty phase of the trial. Id., at 932-933.

Prior to the hearing, petitioner’s trial counsel refused habeas counsel’s informal request to produce work files pertaining to petitioner’s defense. Time constraints did not permit habeas counsel to subpoena these materials before filing petitioner’s motion for habeas corpus relief. When the trial attorney testified at the hearing, he admitted denying access to the requested files and again refused production. He offered this justification for his refusal:

“It is my reason and belief that... if I’m going to divulge or reveal or to allow people to inspect my files it should be done by court order from either side and the reason for that belief is that I think and believe wholeheartedly that if an attorney who’s a trial attorney is preparing his case for trial that if its going to be subject to review a couple of years later it may put a chilling effect on an attorney making notes or work product or whatever have you.
“In other words, that attorney may not be as free to express himself within his own confines of his file and, consequently, until a court orders me to do so and that’s determined to be a lawful order, I have refused permission to turn it over to you.” App. to Brief in Opposition 19-20.

Habeas counsel then moved to compel production of the trial attorney’s entire file. The state court denied this motion “based upon [trial counsel’s] rationale.” Id., at 20.

Without the file, petitioner was unable to demonstrate the alleged deficiency of trial counsel’s representation, particularly with respect to his preparation for the penalty phase of petitioner’s trial. This was due in large part to the attorney’s apparent inability to recall important details of his representation. For example:

“Q. Did you obtain a release from Mr. Maxwell to try to take a look at any of [the State’s] records?
“A. I don’t have any recollection of that.
“Q. So you didn’t even obtain a release from Mr. Maxwell?
“A. I didn’t say that.
“Q. You said you don’t have any recollection?
“A. Exactly.
“Q. Would it be in the file if you had?
“A. You’re asking hypothetical questions and I don’t know. I make notations on actions that I take in a great majority of times. Sometimes I don’t make notations. So it’s hard for me to answer that.
“Q. Something like a release of medical information?
“A. That should be in the file.
“Q. Did you try to obtain or review any of Mr. Maxwell’s medical records?
“A. I have no recollection of that.” Id., at 27-28.
“Q. Other than the motions and memoranda you filed in the court file to the penalty phase, did you prepare any internal memorandum regarding the application of the aggravating and mitigating circumstances to this case?
“A. I had a lot of law or some law — the word ‘a lot’ is relative — into that case and whether I dictated memorandums or not, I don’t remember. If I have them, I have them. If I don’t, I don’t.
“Q. But again those would be in your file; wouldn’t it?
“A. Yes_” Id., at 36.
“Q. Do you recall finding out about any traumatic experiences Mr. Maxwell had?
“A. I may or may not have.
“Q. You may or may not?
“A. I’m sure I dealt in that area though.
“Q. Did you speak with any teachers Mr. Maxwell had?
“A. I have no recollection of doing that at all.
“Q. Ministers?
“A. Now, Joseph Maxwell [petitioner’s father] was very religious and I don’t remember whether I talked to a minister or priest or a clergyman in that area or not. I don’t specifically remember although it’s possible.
“You have to remember it’s three years I have not looked at that file and there’s just things I don’t remember because of the multitude of things that have happened since then.
“Q. I understand. If we had the file, would we be able to find out the answers to some of these questions?
“A. I’m afraid not. In some areas, yes, in some areas, no, because I don’t make extensive notes on what I don’t do. What I do is make notes on what I do do. And when you’re coming from a negative position, I will not necessarily have notes to protect myself. More or less, I don’t prepare a case to protect myself.
“So I may not have those kinds of notes. I would have notes as to what I did do.” Id., at 44-45.

On appeal to the Florida Supreme Court, petitioner argued that the denial of his requests for access to his trial attorney’s files had impaired his due process right to a full and fair evidentiary hearing on his claim of ineffective assistance of counsel. The court rejected this argument with no substantive discussion, holding simply that “the hearing on the motion comported with due process principles.” 490 So. 2d, at 932.

II

An essential element of our society s protection of citizens accused of crime is the right to effective assistance of counsel. Strickland v. Washington, 466 U. S. 668 (1984); Gideon v. Wainwright, 372 U. S. 335 (1963). “Counsel is provided to assist the defendant in presenting his defense, but in order to do so effectively the attorney must work closely with the defendant in formulating defense strategy. . . . Moreover, counsel is likely to have to make a number of crucial decisions throughout the proceedings on a range of subjects that may require consultation with the defendant. These decisions can best be made, and counsel’s duties most effectively discharged, if the attorney and the defendant have a relationship characterized by trust and confidence.” Morris v. Slappy, 461 U. S. 1, 21 (1983) (Brennan, J., concurring in result). Counsel’s duty to maintain this trust and confidence extends beyond the trial itself. Though he may not continue to represent the defendant following conviction and the disposition of post-trial motions, he must nevertheless cooperate with defendant’s attempts to challenge the conviction or sentence, especially if he possesses unique information about a claim the defendant seeks to raise. Use of this information may be the decisive factor in determining the defendant’s failure or success on direct or collateral review.

A defendant’s interest in the information in his trial counsel’s exclusive possession is of even greater significance when the defendant alleges ineffective assistance by trial counsel. Providing access to such information unquestionably advances the inquiry this Court identified in Strickland v. Washington, supra, at 689, as essential to determining whether counsel has rendered ineffective assistance: “A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” There is no more accurate or reliable evidence of trial counsel’s actual perspective and extent of preparation than the contents of his client’s case file. Access to these materials is critical where, as here, trial counsel’s testimony rests on little more than vague recollections. Indeed, with respect to petitioner’s allegation that his trial attorney did not adequately prepare for the sentencing proceeding, petitioner’s need for access to the work files is of paramount importance. Denying access to what may be the most relevant evidence of the adequacy of legal representation is, in this respect, “fundamentally incompatible with the Eighth Amendment’s heightened 'need for reliability in the determination that death is the appropriate punishment. . . .’” Caldwell v. Mississippi, 472 U. S. 320, 340 (1985) (quoting Woodson v. North Carolina, 428 U. S. 280, 305 (1976)).

The courts below erred, in violation of petitioner’s Sixth Amendment rights, in accepting trial counsel’s reasons for withholding petitioner’s files. The right to effective assistance fully encompasses the client’s right to obtain from trial counsel the work files generated during and pertinent to that client’s defense. It further entitles the client to utilize materials contained in these files in any proceeding at which the adequacy of trial counsel’s representation may be challenged.

I would grant the petition for certiorari.

       Habeas counsel agreed to represent petitioner on October 30, 1984. The State of Florida had scheduled petitioner’s execution for November 7, 1984.

       To the extent the Florida courts accepted trial counsel’s suggested work-product doctrine, their rulings vastly misconstrue this doctrine’s underlying purpose; the privilege to withhold an attorney’s work product belongs to the client, and in this case petitioner seeks access to files retained by his own attorney. Cf. Spivey v. Zant, 683 F. 2d 881, 886 (CA6 1982) (interpreting Federal Rule of Civil Procedure 26(b)(3)). The attorney’s asserted need to ensure that he is “free to express himself” within the confines of a written file is likewise without merit. He seems to claim that if his recorded thoughts are not protected from discovery, he will be less likely to inform himself and consider along with his client the various defensive strategies that might be available. In other words, he argues that he will be less likely to provide effective assistance of counsel, and yet this is precisely the issue petitioner wishes to investigate. I cannot accept that a lawyer should oppose the disclosure of recorded thoughts that do not evidence ineffective assistance; nor can I accept that petitioner’s Sixth Amendment rights do not prevail over his lawyer’s asserted privacy interests where that lawyer’s recorded thoughts may reflect that ineffective assistance has in fact been rendered.

       Though States are not constitutionally required to establish avenues for seeking postconviction relief from an erroneous conviction, “when a State opts to act in a field where its action has significant discretionary elements, it must nonetheless act in accord with the dictates of the Constitution — and, in particular, in accord with the Due Process Clause.” Evitts v. Lucey, 469 U. S. 387, 401 (1986).


text:
    No. 86-5354.
    Geurin v. United States,
   ante, p. 888. Petition for rehearing denied.


text:
    No. 85-2043.
    No. 85-2135.
    No. 85-2160.
    No. 85-6572.
    No. 85-6883.
    No. 85-6916.
    No. 85-6957.
    No. 85-6960.
    Hoffart v. Texas, Hardin v. Gilbert & Colvin (two cases), Town of Norwood v. Uncompahgre Valley Water Users Assn. et al., Boudreaux v. Blackburn, Warden, Buckmore v. United States et al., Williams v. Nello L. Teer Co. et al., Flowers v. Coughlin, Commissioner, New York State Department of Corrections, et al., Maxham v. Department of the Navy, Hollins v. Henkel, Traunig v. Veterans Administration, Comsia v. Burkhart et ux., In re Nelson, Simmons v. Department of the Navy, Skinner v. United States, Lee v. Hardage et al., Collier v. Newsome, Superintendent, Georgia State Prison, et al., Picciandra v. United States, Polyak v. Hulen et al. (two cases), Wilkins v. Kane et al., Johl v. Johl et al., In re Meadows, Davis v. Children’s Hospital of Northern California et al., Ishihara v. United States,
   ante, p. 824;

ante, p. 828;

ante, p. 829;

ante, p. 830;

ante, p. 833;

ante, p. 833;

ante, p. 835;

ante, p. 835;

No. 85-7025.

No. 85-7035.

No. 85-7064.

No. 85-7098.

No. 85-7109.

No. 85-7172.

No. 85-7181.

No. 85-7222.

No. 85-7224.

No. 86-35.

No. 86-5052.

No. 86-5056.

No. 86-5217.

No. 86-5225.

No. 86-5258.

ante, p. 837;

ante, 837;

ante, p. 839;

ante, p. 810;

ante, P 841;

ante, p. 844;

ante, p. 845;

ante, p. 846;

ante, p. 847;

ante, p. 803;

ante, p. 858;

ante, p. 858;

ante, p. 810;

ante, p. 866; and

ante, p. 867. Petitions for rehearing denied.

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


text:
    November 19, 1986
    No. A-386.
    Wainwright, Secretary, Florida Department of Corrections v. Bundy.
   Application of the Attorney-General of Florida for an order to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eleventh Circuit, presented to Justice Powell, and by him referred to the Court, denied.


text:
    November 26, 1986
    No. 86-5571.
    Melendez-Carrion et al. v. United States.
   C. A. 2d Cir. Certiorari dismissed under this Court's Rule 53.


text:
    No. 86-5607.
    Berrios-Berrios v. United States.
   C. A. 2d Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    November 28, 1986
    No. 86-451.
    Sohio Alaska Petroleum Co. v. Cibro Petroleum Products, Inc.
   Temp. Emerg. Ct. App. Certiorari dismissed under this Court’s Rule 53.


text:
    December 1, 1986
    No. 86-94.
    Pipkin v. Colorado.
   Appeal from Dist. Ct. Colo., Arapahoe County, dismissed for want of substantial federal question.


text:
    No. 86-5618.
    Franklin v. Tennessee.
   Appeal from Sup. Ct. Tenn. dismissed for want of substantial federal question.


text:
    No. 86-571.
    Mendonca v. Oregon.
   Appeal from Ct. App. Ore. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 86-586.
    Hudson v. Edgett et al.
   Appeal from C. A. 2d 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. 86-5587.
    Prenzler v. Jones et al.
   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. 86-5609.
    Stevenson v. Elua.
   Appeal from Sup. Ct. Haw. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 86-5633.
    Seitu v. City of Jackson, Mississippi, et al.
   Appeal from C. A. 5th 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. 86-612.
    Prudential Federal Savings & Loan Assn. et al. v. Flanigan.
   Appeal from Sup. Ct. Mont, dismissed for want of properly presented federal question.


text:
    No. 86-5642.
    Petersen v. Atlantic Gulp & Pacific Co. et al.
   Appeal from D. C. S. D. Tex. dismissed for want of jurisdiction.


text:
    No. 85-1773.
    Oberly, Attorney General of Delaware, et al. v. Baltimore & Ohio Railroad Co. et al.
   Appeal from C. A. 3d Cir. Judgment vacated and case remanded for further consideration in light of the position presently asserted by the Solicitor General in his brief as amicus curiae filed November 10, 1986. The Chief Justice would note probable jurisdiction and set case for oral argument.


text:
    No. D-563.
    In re Disbarment of James.
    [For earlier order herein, see 478 U. S. 1034.]
   Disbarment entered.


text:
    No. D-565.
    In re Disbarment of McCloskey.
    [For earlier order herein, see 478 U. S. 1037.]
   Disbarment entered.


text:
    No. 85-792.
    No. 85-793.
    Interstate Commerce Commission v. Brotherhood of Locomotive Engineers et al.; and Missouri-Kansas-Texas Railroad Co. v. Brotherhood of Locomotive Engineers et al.
   C. A. D. C. Cir. [Certiorari granted, 475 U. S. 1081.] Counsel for the parties are invited to file supplemental briefs, not to exceed 10 pages in length (15 pages if filed on behalf of both petitioners or both respondents), limited to the following question: “In view of 28 U. S. C. § 2344, 49 U. S. C. § 10327(i), and the passage of more than 60 days between (1) respondents’ appeals from the Interstate Commerce Commission’s October 25, 1983, order, declining to reconsider its May 18, 1983, order regarding respondent Brotherhood of Locomotive Engineers’ motion for clarification, and (2) service of the Commission’s May 18, 1983, clarification order, did the appeals properly bring before the reviewing court the May 18, 1983, order?” Briefs may be submitted no later than December 22, 1986.


text:
    No. 85-2067.
    United States v. Mendoza-Lopez et al.
   C. A. 8th Cir. [Certiorari granted, ante, p. 811.] Motion for appointment of counsel granted, and it is ordered that Kathy Goudy, of Lincoln, Neb., be appointed to serve as counsel for respondents in this case.


text:
    No. 85-6461.
    Martin v. Ohio.
   Sup. Ct. Ohio. [Certiorari granted, 475 U. S. 1119.] Motion of respondent to strike reply brief denied.


text:
    No. 86-6.
    Ricketts, Director, Arizona Department of Corrections, et al. v. Adamson.
   C. A. 9th Cir. [Certiorari granted, ante, p. 812.] Motion of respondent to disqualify petitioner’s counsel denied.


text:
    No. 86-5082.
    Wrenn v. Ohio Department of Mental Health et al.,
   ante, p. 809. Motion of petitioner to reconsider the order denying leave to proceed in forma pauperis denied.

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


author: Justice Brennan and Justice Marshall,

text:
    No. 86-5596.
    Wrenn v. Missouri.
   C. A. 8th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until December 22, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Brennan and Justice Marshall,

dissenting.

For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.


text:
    No. 86-5740.
    Orpinuk v. United States Department of Health and Human Services.
   C. A. Fed. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until December 22, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Brennan, Justice Marshall, and Justice Stevens,

dissenting.

For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.


text:
    No. 86-5592.
    No. 86-5612.
    No. 86-5675.
    In re Filipas; In re Hjelter; and In re James.
   Petitions for writs of mandamus denied.


text:
    No. 86-692.
    In re Real.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 86-566.
    Perry et al. v. Thomas.
   Appeal from Ct. App. Cal., 2d App. Dist. Probable jurisdiction noted.


text:
    No. 86-231.
    No. 86-253.
    Pension Benefit Guaranty Corporation v. Yahn & McDonnell, Inc., et al.; and United Retail & Wholesale Employees Teamsters Union Local No. 115 Pension Plan et al. v. Yahn & McDonnell, Inc., et al.
   Appeals from C. A. 3d Cir. Probable jurisdiction noted, cases consolidated, and a total of one hour allotted for oral argument.

Justice White took no part in the consideration or decision of these cases.


text:
    No. 86-260.
    South Dakota v. Dole, Secretary of Transportation.
   C. A. 8th Cir. Certiorari granted.


text:
    No. 86-319.
    Van Drasek v. Lehman, Secretary of the Navy, et al.
   C. A. Fed. Cir. Certiorari granted.


text:
    No. 86-381.
    California v. Superior Court of California, San Bernardino County (Smolin et al., Real Parties in Interest).
   Sup. Ct. Cal. Certiorari granted.


text:
    No. 85-1626.
    No. 85-2010.
    Goodman et al. v. Lukens Steel Co. et al.; and United Steelworkers of America, AFL-CIO-CLC, et al. v. Goodman et al.
   C. A. 3d Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument.


text:
    No. 85-2064.
    Greer, Warden v. Miller.
   C. A. 7th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 86-322.
    No. 86-328.
    Crawford Fitting Co. et al. v. J. T. Gibbons, Inc.; and Champion International Corp. v. International Woodworkers of America, AFL-CIO, CLC, et al.
   C. A. 5th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: No. 86-322, 790 F. 2d 1193; No. 86-328, 790 F. 2d 1174.


text:
    No. 86-497.
    No. 86-531.
    Agency Holding Corp. et al. v. Malley-Duff & Associates, Inc.; and Crown Life Insurance Co. et al. v. Malley-Duff & Associates, Inc., et al.
   C. A. 3d Cir. Certiorari granted in No. 86-497. Certiorari granted in No. 86-531 limited to Questions I and II presented by the petition. Cases consolidated and a total of one hour allotted for oral argument. Reported below: 792 F. 2d 341.


text:
    No. 85-1976.
    Dykes et al. v. Dykes et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-2002.
    J. Young & Co., Inc. v. M/V Bob Livingston et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-2123.
    Huckaby v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 85-2155.
    Anderson v. United States Postal Service.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 85-6973.
    Dixon v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-6978.
    Murphy v. Allsbrook, Superintendent, Odom Correctional Complex, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-7129.
    West v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 85-7171.
    Vogel v. Nicks et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-58.
    Fred S. James & Co. of Texas, Inc. v. Equilease Corp. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-142.
    City of Montgomery et al. v. Benjamin et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-151.
    New York v. Mattison.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 86-241.
    Fields et al. v. Rockdale County, Georgia, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-254.
    No. 86-444.
    Bethlehem Steel Corp. v. Pemberton; and Pemberton v. Bethlehem Steel Corp.
   Ct. Sp. App. Md. Certiorari denied. Reported below: 66 Md. App. 133, 502 A. 2d 1101.


text:
    No. 86-271.
    Holloway v. Walker, Judge, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-275.
    No. 86-533.
    Board of Education of the City of New York et al. v. Stein; and Stein v. Board of Education of the City of New York et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 792 F. 2d 13.


text:
    No. 86-285.
    Doyle v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-294.
    Perdue et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-330.
    Le Beau v. Department of Transportation, Federal Aviation Administration.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-334.
    Ensign Electric Division of Harvey Hubbell Inc. et al. v. National Labor Relations Board.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-345.
    Three Way Corp. et al. v. Interstate Commerce Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 86-347.
    Grassi et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-365.
    Stanko et al. v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-370.
    Brennan v. Department of Health and Human Services.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-377.
    Carvajal v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-384.
    Svetanoff v. McMillian.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-397.
    Church of St. Paul and St. Andrew v. Barwick et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 86-411.
    Otlowski, Mayor of Perth Amboy, et al. v. Kean, Governor of New Jersey, et al.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 86-420.
    Lang v. United States et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-501.
    Garries v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 86-521.
    DiSalvo v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-530.
    Kellermyer et al. v. Blue Flame Gas Corp. et al.
   Temp. Emerg. Ct. App. Certiorari denied.


text:
    No. 86-539.
    Torrence v. Oxford Municipal School District et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-544.
    Kennedy v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-545.
    Duncan et al. v. Village of Middlefield, Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 86-549.
    Thompson, dba Liberty Supermarket No. 29 v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-552.
    Hubbard Broadcasting, Inc. v. Metropolitan Sports Facilities Commission et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-555.
    International Fruit Products Co., Inc., et al. v. Bryant et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-557.
    Scott v. Greenberg, Executrix of the Estate of Barnett, et al.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 86-560.
    Odum v. United States Patent and Trademark Office.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-573.
    Tun et ux. v. Kauikeolani Children’s Hospital et al.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 86-574.
    City of Scottsdale v. Corrigan.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 86-576.
    Shoemaker et al. v. Handel, Executive Director of the New Jersey Racing Commission, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-577.
    California Pacific Research, Inc. v. United States Postal Service.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-579.
    Feuerer v. Adamar of New Jersey, Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-580.
    Tucker et al. v. Whitaker Travel, Ltd., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-583.
    Austin et al. v. Lexington Insurance Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-585.
    Allen et al. v. California.
   App. Dept., Super. Ct. Cal., Orange County. Certiorari denied.


text:
    No. 86-588.
    Aetna Casualty & Surety Co. v. Smith Plumbing, Inc., dba White Mountain Supply Co.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 86-590.
    Universal City Studios, Inc. v. Nintendo Co., Ltd., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-593.
    Nowell, Through his Mother and Next Friend, Nowell, et al. v. Universal Electrical Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-598.
    Rand et al. v. Anaconda-Ericsson, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-599.
    Spiegel v. Continental Illinois National Bank et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-600.
    Environmental Control Board of the City of New York et al. v. Sterling et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-633.
    Potisophon et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-650.
    Robinson v. Kentucky.
   Cir. Ct. Ky., Campbell County. Certiorari denied.


text:
    No. 86-653.
    Renna v. City Council of the City of Saratoga, California, et al.
   Ct. App. Cal., 6th App. Dist. Certiorari denied.


text:
    No. 86-655.
    Gould v. Mutual Life Insurance Company of New York.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-677.
    Sears, Roebuck & Co. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-698.
    Imani, on Behalf of Hayes v. Bowen, Secretary of Health and Human Services.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-705.
    Wilson v. Turnage, Director, Selective Service System.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-706.
    Agate et al. v. General Motors Corp.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-708.
    Burwell v. National Transportation Safety Board et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 86-721.
    Prager v. Hodel, Secretary of the Interior, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-722.
    Howard v. Marsh, Secretary of the Army.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-5001.
    Couch v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5013.
    Garces et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5033.
    Borning v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 86-5121.
    Holbrook v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 86-5134.
    Mosier v. Murphy, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-5143.
    Roberts v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-5184.
    Scroggins v. Idaho.
   Sup. Ct. Idaho. Certiorari denied.


text:
    No. 86-5235.
    Johnson v. White, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5242.
    Velleff v. Nevada.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 86-5257.
    Crawford v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 86-5273.
    Vaughn v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 86-5274.
    Bagley v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5276.
    Kelton v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-5287.
    Fry v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 86-5289.
    Plummer et ux. v. Pennsylvania Department of Public Assistance et al.
   C. A. 3d Cir. Certiorari before judgment denied.


text:
    No. 86-5296.
    Owens v. Maguire.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5320.
    Miller v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 86-5337.
    Adkins v. Greer, Warden, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-5341.
    Carter v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 86-5364.
    Sanchez v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-5365.
    Heyman v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-5368.
    Miller v. Neubert, Superintendent, Leesburg State Prison, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5389.
    Young et al. v. Bowen, Secretary of Health and Human Services.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5393.
    Prenzler v. Social Security Administration.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5394.
    Merkel et al. v. Scovill, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5395.
    Scalf v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-5431.
    Martin v. Sears, Roebuck & Co.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-5445.
    Kraiselburd v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5455.
    Kenney v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5470.
    Lachman v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5495.
    Jones v. Reidey et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 86-5527.
    Hawthorne v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 86-5539.
    Ekblad v. Shabaz et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-5582.
    Weber v. Stram.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 86-5586.
    Schlicher v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 86-5588.
    Phillips v. Morris, Superintendent, Southern Ohio Correctional Facility.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5589.
    Taylor v. Bowen, Secretary of Health and Human Services.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5594.
    Wright v. Firestone Tire & Rubber Co.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5595.
    Pope v. Joliet Federal Savings & Loan Assn. et al.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 86-5597.
    Becker v. Suffolk County Legal Aid Division.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-5604.
    Rivera v. Franzen, Director, Illinois Department of Corrections, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-5605.
    Becker v. Arcadian Gardens.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-5606.
    Becker v. Henry Modells & Co., Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-5608.
    Dalton v. Delaware.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 86-5613.
    Erwin et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5619.
    Adelman v. Graves.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5622.
    Wojtczak v. Fulcomer, Superintendent, State Correctional Institution at Huntingdon, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5623.
    Pinte v. Rafferty, Superintendent, Rahway State Prison, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5625.
    Pearson v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5626.
    Carter v. St. Louis-San Francisco Railway Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5634.
    Smith v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 86-5635.
    O’Briain v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 86-5636.
    Mitchell v. Various Agencies of the Federal and State Governments.
   Sup. Ct. N. M. Certiorari denied.


text:
    No. 86-5637.
    Koenig v. Solem, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-5638.
    McCoy v. Clerk of Court of Darlington County et al.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 86-5640.
    Taylor v. Borg, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5641.
    Williams v. Union Carbide Corp.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5645.
    Gilces v. Jones.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-5646.
    Coleman v. Delaware et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5647.
    Bercaw v. Mandak, Judge.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5650.
    Slater v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5651.
    Hopper v. Indiana.
   Ct. App. Ind. Certiorari denied.


text:
    No. 86-5660.
    Davis v. Robbs et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5661.
    Kenney v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5662.
    Garcia v. Ohio.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 86-5663.
    Murillo v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5665.
    Myrick v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 86-5668.
    Malave v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-5669.
    Toddy-Garcia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5671.
    Ford v. Burroughs Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5676.
    McKnight v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5687.
    Lynch v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5689.
    Collatos v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-5690.
    Brownscombe v. Veterans Administration.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-5692.
    Mallory v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5700.
    Johnson v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 86-5704.
    Goodacre v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5705.
    Garris v. Lindsay, Administrator, Maximum Security Facility at Lorton, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 86-5709.
    Kinnell v. United States District Court Judges et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-5728.
    Cebas-Bruno et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5737.
    Campbell v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5742.
    Washington v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5761.
    Bratton-Bey v. Comptroller of the Treasury.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 86-5768.
    Osgood v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1821.
    Utah et al. v. Ute Indian Tribe.
   C. A. 10th Cir. Motion of Santa Fe Mining, Inc., for leave to file a brief as amicus curiae granted. Motion of the Solicitor General for leave to' file supplemental memorandum as amicus curiae granted. Certiorari denied.


text:
    No. 86-72.
    R. L. Payne Co., Inc. v. Malquist et al.
   Sup. Ct. Mont. Motion of respondent Dale H. Malquist for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 86-173.
    Harris v. Attorney General of Virginia et al.
   C. A. 4th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 86-602.
    Pearson Trucking & Rigging, Inc. v. Hicks, dba Hicks Engineering Co.
   Sup. Ct. Nev. Certiorari denied. Justice White would grant certiorari.


text:
    No. 86-218.
    Walker et al. v. Rowe et al.
   C. A. 7th Cir. Motion of Sam Bivins et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 86-250.
    Bowen, Warden, et al. v. Peoples.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 86-553.
    Connecticut v. Whelan.
   Sup. Ct. Conn. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 86-584.
    California v. Tyberg.
   Ct. App. Cal., 4th App. Dist. Motion of respondent for leave to proceed in forma paupe-ris granted. Certiorari denied.


text:
    No. 86-277.
    No. 86-5453.
    No. 86-5617.
    No. 86-5631.
    No. 86-5639.
    No. 86-5644.
    No. 86-5683.
    No. 86-5686.
    Walker v. Illinois. Tichnell v. Maryland. Spaziano v. Wainwright, Secretary, Florida Department of Corrections. Newsted v. Oklahoma. Magwood v. Alabama. Mak v. Washington. Walker v. Oklahoma. Rogers v. Georgia.
   Sup. Ct. Ill.;

Ct. App. Md.;

Sup. Ct. Fla.;

Ct. Crim. App. Okla.;

Ct. Crim. App. Ala.;

Sup. Ct. Wash.;

Ct. Crim. App. Okla.; and

Sup. Ct. Ga. Certiorari denied. Reported below: No. 86-277, 109 Ill. 2d 484, 488 N. E. 2d 529; No. 86-5453, 306 Md. 428, 509 A. 2d 1179; No. 86-5617, 489 So. 2d 720; No. 86-5631, 720 P. 2d 734; No. 86-5639, 494 So. 2d 124; No. 86-5644, 105 Wash. 2d 692, 718 P. 2d 407; No. 86-5683, 723 P. 2d 273; No. 86-5686, 256 Ga. 140, 344 S. E. 2d 644.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 86-336.
    Linnas v. Immigration and Naturalization Service.
   C. A. 2d Cir. Certiorari denied.

Justice Brennan, Justice Blackmun, and Justice O’Connor would grant certiorari.


author: Justice White,

text:
    No. 86-490.
    Commissioner of Internal Revenue v. Illinois Cereal Mills, Inc.
   C. A. 7th Cir. Certiorari denied.

Justice White,

with whom Justice Blackmun joins,

dissenting.

This case presents the question whether any portion of the cost of a factory’s electrical system qualifies for the investment tax credit under § 38 of the Internal Revenue Code, 26 U. S. C. § 38, and if so, what portion. The Code defines “section 38 property” to include “tangible personal property” and “other tangible property,” such as industrial machinery, but to exclude “a building and its structural components.” 26 U. S. C. §§ 48(a)(1)(A), (B). In this case, the Court of Appeals for the Seventh Circuit held that the cost of installation of a factory’s electrical distribution system must be allocated between “section 38 property” and “non-section 38 property” according to a ratio by which electrical usage is divided between the operation of machinery, on the one hand, and ordinary building maintenance, like lighting and climate control, on the other. 789 F. 2d 1234 (1986). As applied to the facts before it, this interpretation resulted in qualification for the investment tax credit of 95% of the cost of the factory’s electrical system. The Court of Appeals adopted this theory of allocation from the Tax Court's decision in Scott Paper Co. v. Commissioner, 74 T. C. 137, 182-187 (1980). The Fourth Circuit in A. C. Monk & Co. v. United States, 686 F. 2d 1058, 1065-1066 (1982), rejected the allocation method adopted by the Tax Court in Scott Paper and held that an electrical system can qualify for the credit only if it is so “inextricably linked to the present, specific machinery” that it cannot “be reasonably adapted in the present building to more general uses.” If a manufacturer converting the building to another use would be able, with reasonable alterations, to use the existing system, the system is a structural component; if the existing system essentially would have to be scrapped, it qualifies for the investment tax credit. The issue involves many other taxpayers, and I would grant certiorari to.resolve this conflict.


text:
    No. 86-547.
    Browning v. Clerk, United States House of Representatives, et al.
   C. A. D. C. Cir. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari. Justice Scalia took no part in the consideration or decision of this petition.


text:
    No. 86-5598.
    Brown v. Just et al.
   C. A. D. C. Cir. Cer-tiorari denied.

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


author: Justice Marshall,

text:
    No. 86-5610.
    Thomas v. Kemp, Warden.
   C. A. 11th Cir. Certiorari denied.

Justice Marshall,

with whom Justice Brennan joins,

dissenting.

The United States Court of Appeals for the Eleventh Circuit held below that petitioner’s Sixth Amendment right to the assistance of counsel was not violated when he was refused counsel at his preliminary hearing on a capital murder charge, because the denial of counsel at the preliminary hearing was harmless error.

I

Petitioner Donald Wayne Thomas was convicted of murder and sentenced to death after jury trial. The State of Georgia charged petitioner, who was then 19 years old, with the murder of a 9-year-old boy. At the preliminary hearing 10 days after petitioner’s arrest, petitioner requested an opportunity to retain private counsel, indicating that he did not wish to be represented by the public defender. The court denied petitioner’s request, excused the public defender, and held the preliminary hearing in the absence of any defense counsel. The State’s main witness, a 15-year-old mentally retarded girl, then testified without cross-examination that petitioner had told her he had committed the murder, and had shown her the body. This testimony differed in various material respects from the later testimony given by this witness at trial.

On direct appeal from petitioner’s subsequent conviction, the Georgia Supreme Court affirmed the conviction and sentence. Thomas v. State, 245 Ga. 688, 266 S. E. 2d 499 (1980). This Court granted certiorari, vacated the sentence of death, and remanded for reconsideration in light of Godfrey v. Georgia, 446 U. S. 420 (1980). Thomas v. Georgia, 449 U. S. 988 (1980). On remand, the Georgia Supreme Court reinstated the death sentence, without benefit of further briefing or oral argument. Thomas v. State, 247 Ga. 288, 275 S. E. 2d 318, cert. denied, 452 U. S. 973 (1981). Having exhausted in state postconviction proceedings claims of ineffective assistance of counsel and prosecutorial misconduct at the sentencing phase of the trial, petitioner’s counsel brought a federal habeas corpus action raising those issues.

During the pendency of the federal petition, counsel, who had not represented petitioner at trial, first discovered the preliminary hearing transcript in the files of the public defender’s office, and realized that petitioner had been denied counsel at his preliminary hearing. Counsel notified the District Court that Thomas would move to amend his federal habeas petition as soon as the new claim could be presented to the state courts for exhaustion. Relief on this claim was denied in new state proceedings, and petitioner’s counsel moved to amend the federal petition. The District Court vacated petitioner’s death sentence on the ground that petitioner had not received effective assistance of counsel at the sentencing phase of his trial, but denied the motion to amend the petition as untimely. As an alternative ground of decision, the District Court also held that even if the claim were timely presented, the denial of counsel at the preliminary hearing had been harmless error.

Both parties appealed from the District Court’s order. The Court of Appeals affirmed. 796 F. 2d 1822 (1986). On the denial-of-counsel claim, the Court of Appeals adopted the District Court’s alternative ground, holding that “[t]he prosecution has carried its burden of persuading this Court that, even if constitutional error was established, the error was harmless.” Id., at 1326. Finding that “Thomas’ [trial] counsel had access to the transcript of the preliminary hearing,” “knew the nature of the State’s case,” and “sought and received early psychiatric examinations and evaluations on Thomas,” the Court of Appeals concluded that “Thomas was not prejudiced by his counsel’s absence at the preliminary hearing.” Id., at 1327.

II

It has been settled for more than half a century that a defendant facing capital charges is entitled to the assistance of counsel. Powell v. Alabama, 287 U. S. 45 (1932). The right to counsel, it was then recognized, is not merely a right to trial counsel, but a right to the assistance of counsel in preparing a defense throughout the period from arraignment to trial; defendants are “as much entitled to such aid during that period as at the trial itself.” Id., at 57. Our recognition of the right to counsel has substantially increased in the period since Powell was decided. See, e. g., Argersinger v. Hamlin, 407 U. S. 25 (1972); Gideon v. Wainwright, 372 U. S. 335 (1963); Johnson v. Zerbst, 304 U. S. 458 (1938). It is astonishing to me that the Court of Appeals so readily determined, despite our repeated holdings to the contrary, that it is not per se constitutional error to deny the assistance of counsel to a defendant whose life the State intends to take.

In support of its conclusion that the denial of counsel in the preliminary hearing of a capital prosecution can be harmless error, the Court of Appeals relied upon Coleman v. Alabama, 399 U. S. 1 (1970), in which this Court remanded for consideration of harmless error under Chapman v. California, 386 U. S. 18 (1967), the denial of counsel at a preliminary hearing. This reliance is fundamentally misplaced, for Coleman was not a capital case. As Chief Justice Burger stated for the Court in Holloway v. Arkan sas, 435 U. S. 475, 489 (1978), “when a defendant is deprived of the presence and assistance of his attorney, either throughout the prosecution or during a critical stage in, at least, the prosecution of a capital offense, reversal is automatic.”

Our recent cases make clear that, contrary to the Court of Appeals’ conclusion below, denial of counsel at any critical stage of a criminal prosecution is per se constitutional error. “Actual or constructive denial of the assistance of counsel altogether is legally presumed to result in prejudice.” Strickland v. Washington, 466 U. S. 668, 692 (1984). “The presumption that counsel’s assistance is essential requires us to conclude that a trial is unfair if the accused is denied counsel at a critical stage of his trial.” United States v. Cronic, 466 U. S. 648, 659 (1984) (footnote omitted). Petitioner’s capital trial was unfair for precisely this reason. The Court of Appeals’ casual conclusion that “[c]ounsel could not have revealed defects in the State’s case so great that the magistrate would have refused to bind the petitioner over to the State’s custody,” 796 F. 2d, at 1327, is nothing more than speculation of a kind which the Constitution will not countenance. ' Mere recitation of the words “harmless error” is not a constitutionally sufficient basis on which to permit the State to deny the assistance of any lawyer at all to a defendant against whom the State is seeking the death penalty.

I dissent from the denial of the petition for certiorari.

      It is not open to question that the preliminary hearing held below was a “critical stage” in petitioner’s prosecution. See Coleman v. Alabama, 399 U. S. 1, 9-10 (1970).


text:
    No. 85-7189.
    No. 86-236.
    No. 86-278.
    No. 86-5316.
    No. 86-5319.
    No. 86-5327.
    No. 86-5346.
    Wiley v. Mississippi, Mareno v. Roberts, Commissioner of Labor of the State of New York, Jensen v. United States, Vesay v. United States, Gibson v. Kivett et al., Gilreath v. Kemp, Warden, Miesbauer v. Kansas,
   ante, p. 906;

ante, p. 878;

ante, p. 924;

ante, p. 887;

ante, p. 887;

ante, p. 890; and

ante, p. 888. Petitions for rehearing denied.


text:
    No. 86-5384.
    No. 86-5427.
    No. 86-5550.
    Bonin v. T. L. James & Co., Inc., et al., Mak v. United States, In re Dixon,
   ante, p. 888;

ante, p. 889; and

ante, p. 913. Petitions for rehearing denied.


text:
    No. 85-1535.
    No. 85-1854.
    No. 85-1856.
    No. 85-1960.
    No. 85-1975.
    No. 85-1991.
    No. 85-2018.
    No. 85-2059.
    No. 85-2112.
    No. 85-2132.
    No. 85-2165.
    No. 85-6844.
    No. 85-6890.
    No. 85-6897.
    No. 85-6937.
    No. 85-6941.
    No. 85-7007.
    No. 85-7017.
    No. 85-7042.
    No. 85-7065.
    No. 85-7070.
    No. 85-7135.
    Verez et al. v. Virginia, Banks v. Finley-Seligman & Latz, Inc., Jayco Systems, Inc. v. Savin Business Machines Corp., Durden v. Office of Personnel Management, Polyak v. Hulen et al., In re Polyak, Kungle v. St. John’s College et al., Winslow v. Board of Morgan County Commissioners, Lodi Truck Service, Inc. v. Division of Labor Standards Enforcement, Department of Industrial Relations of California, Kehoe v. Hofmann, Damascus v. Pacific Bell Co. et al., Pulley v. Scott et al., Buell v. Ohio, Clark v. Marshall, Superintendent, Southern Ohio Correctional Facility, May v. International Business Associates, Inc., et al., Basalyga v. Pennsylvania, Finnan v. Finnan et al., Cook v. Georgia, Eitel v. Baldwin, Jackson v. District of Columbia Department of Employment Services, Byrne v. Louisiana, Collier v. Newsome, Superintendent, Georgia State Prison, Ward v. Louisiana, Grandison v. Maryland, Goodrich v. Bank of America et al., Walker v. Board of Education of the City of New York, In re Wendt, Buckley v. Pennsylvania, Devine v. United States, Shoecraft v. Catholic Social Services Bureau, Inc., et al., Florence et ux. v. Commissioner of Internal Revenue, Polyak v. Buford Evans & Sons, Bell v. New York et al., Smith v. Department of the Air Force, Valway et ux. v. Kearns et al., Wright v. Yackley, Petric v. Maryland, Jenson v. McDougald, May v. Equal Employment Opportunity Commission et al., Harvard v. Florida, Fewell v. Fewell, Free v. Illinois, Duvallon v. Florida,
   ante, p. 813;

ante, p. 816;

ante, p. 816;

ante, p. 820;

ante, p. 821;

ante, p. 810;

ante, p. 822;

ante, p. 825;

ante, p. 801;

ante, p. 828;

ante, p. 830;

ante, p. 803;

ante, p. 871;

ante, p. 833;

ante, p. 834;

ante, p. 834;

ante, p. 836;

ante, p. 871;

ante, p. 838;

ante, p. 839;

ante, p. 871;

ante, p. 842;

No. 85-7141.

No. 85-7165.

No. 85-7192.

No. 85-7199.

No. 85-7215.

No. 86-14.

No. 86-15.

No. 86-56.

No. 86-128.

No. 86-182.

No. 86-235.

No. 86-242.

No. 86-5041.

No. 86-5083.

No. 86-5086.

No. 86-5097.

No. 86-5156.

No. 86-5157.

No. 86-5160.

No. 86-5206.

No. 86-5233.

ante, p. 871;

ante, p. 873;

ante, p. 845;

ante, p. 845;

ante, p. 810;

ante, p. 802;

ante, p. 848;

ante, p. 805;

ante, p. 851;

ante, p. 804;

ante, p. 854;

ante, p. 854;

ante, p. 857;

ante, p. 859;

ante, p. 860;

ante, p. 860;

ante, p. 863;

ante, p. 863;

ante, p. 863;

ante, p. 871; and

ante, p. 866. Petitions for rehearing denied.

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


text:
    December 3, 1986
    No. A-426.
    Evans v. McCotter, Director, Texas Department of Corrections.
   Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied.

Justice Blackmun and Justice Stevens would grant the application.

Justice Brennan and Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 158, 227, 281 (1976), we would grant the application for stay in order to give the applicant time to file a petition for writ of certiorari and would grant the petition and vacate the death sentence in this case.


text:
    December 8, 1986
    No. 85-2147.
    Doe et al. v. Louisiana Department of Health and Human Resources et al.
   Appeal from Ct. App. La., 4th Cir., dismissed for want of substantial federal question.


text:
    No. 86-610.
    Breaux, Attorney for Boswell v. Allied Bank of Texas.
   Appeal from Ct. App. Tex., 14th 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. 86-618.
    Hilst v. Grimes, Insurance Commissioner of Oklahoma.
   Appeal from Ct. 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. 85-1735.
    Thomas, Administrator, Environmental Protection Agency, et al. v. Outboard Marine Corp.
   C. A. 7th Cir. [Certiorari granted, ante, p. 811.] Judgment vacated and case remanded for further consideration in light of the amendment of § 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U. S. C. § 9604(e), by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499, §'104(m).


text:
    No.-.
    Scott v. The News Herald et al.
   Motion to direct the Clerk to file the petition for writ of certiorari out of time denied.


text:
    No. A-420 (86-589).
    Krupps et al. v. Texas.
   Ct. Crim. App. Tex. Application for stay of enforcement of order of confinement, presented to Justice White, and by him referred to the Court, is granted pending final disposition of the petition for writ of certiorari by this Court.


text:
    No. D-561.
    In re Disbarment of Stanton.
    [For earlier order herein, see 478 U. S. 1018.]
   Disbarment entered.


text:
    No. D-571.
    In re Disbarment of Williams.
    [For earlier order herein, see 478 U. S. 1088.]
   Disbarment entered.


text:
    No. D-591.
    In re Disbarment of Burns.
   It is ordered that Richard Gordon Burns, of Corte Madera, Cal., 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-592.
    In re Disbarment of Giometti.
   It is ordered that Eugene M. Giometti, of Glendale, Cal., 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-593.
    In re Disbarment of Christner.
   It is ordered that Kenneth Dale Christner, of Pedro, 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-594.
    In re Disbarment of Cerame.
   It is ordered that John R. Cerame, of Baltimore, Md., 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. 85-673.
    Hartigan, Attorney General of the State of Illinois, et al. v. Zbaraz et al.
   C. A. 7th Cir. [Probable jurisdiction postponed, ante, p. 881.] Motion of Legal Defense Fund for Unborn Children for leave to file a brief as amicus cu riae denied. Motion of Alan Ernest to allow counsel to represent children unborn and born alive denied.


text:
    No. 85-1513.
    Edwards, Governor of Louisiana, et al. v. Aguillard et al.
   C. A. 5th Cir. [Probable jurisdiction noted, 476 U. S. 1103.] Motion of appellants for leave to file reply brief out of time granted.


text:
    No. 85-1835.
    California v. Rooney.
   Ct. App. Cal., 2d App. Dist. [Certiorari granted, ante, p. 881.] Motion of Americans for Effective Law Enforcement, Inc., et al. for leave to file a brief as amici curiae granted.


text:
    No. 85-2156.
    Shaare Tefila Congregation et al. v. Cobb et al.
   C. A. 4th Cir. [Certiorari granted, ante, p. 812.] Motions of American-Arab Anti-Discrimination Committee and Anti-Defamation League of B’nai B’rith et al. for leave to file briefs as amici curiae granted.


text:
    No. 86-246.
    Sumner, Director, Nevada Department of Prisons, et al. v. Shuman.
   C. A. 9th Cir. [Certiorari granted, ante, p. 948.] Motion for appointment of counsel granted, and it is ordered that N. Patrick Flanagan III, Esquire, of Reno, Nev., be appointed to serve as counsel for respondent in this case.


text:
    No. 86-475.
    Frazier v. Heebe, Chief Judge, United States District Court for the Eastern District of Louisiana, et al.
   C. A. 5th Cir. [Certiorari granted, ante, p. 960.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 86-637.
    Communications Workers of America et al. v. Beck et al.
   C. A. 4th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 86-5838.
    In re Clough.
   Petition for writ of habeas corpus denied.


text:
    No. 86-620.
    In re Albert et al.
   Petition for writ of mandamus denied.


text:
    No. 86-509.
    Bowen, Secretary of Health and Human Services v. Gilliard et al.; and Kirk, Secretary, North Carolina Department of Human Resources, et al. v. Gilliard et al.
    No. 86-564.
   Appeals from D. C. W. D. N. C. Motion of appellees for leave to proceed in forma pauperis granted. Probable jurisdiction noted, cases consolidated, and a total of one hour allotted for oral argument.

Certiorari Granted


text:
    No. 86-234.
    No. 86-286.
    McNally v. United States; and Gray v. United States.
   C. A. 6th Cir. Certiorari granted in No. 86-234 limited to Question 4 presented by the petition and to Question 1 in No. 86-286 as incorporated by reference in No. 86-234. Certiorari granted in No. 86-286 limited to Questions 1 and 3 presented by the petition. Cases consolidated and a total of one hour allotted for oral argument.


text:
    No. 86-393.
    United States et al. v. Stanley et al.
   C. A. 11th Cir. Certiorari granted.


text:
    No. 86-495.
    No. 86-624.
    No. 86-625.
    K mart Corp. v. Cartier, Inc., et al.; 47th Street Photo, Inc. v. Coalition to Preserve the Integrity of American Trademarks et al.; and United States et al. v. Coalition to Preserve the Integrity of American Trademarks et al.
   C. A. D. C. Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 252 U. S. App. D. C. 342, 790 F. 2d 903.


text:
    No. 86-572.
    Kentucky v. Stincer.
   Sup. Ct. Ky. Motion of respondent for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 86-5324.
    Griffin v. Wisconsin.
   Sup. Ct. Wis. Motion of petitioner for leave to proceed informa pauperis and certiorari granted.


text:
    No. 85-1524.
    Hubbard Broadcasting, Inc. v. Southern Satellite Systems, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-7055.
    Carrion v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 86-295.
    Smith v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 86-361.
    Anderson et al. v. United States Department of Transportation, Federal Aviation Administration; Brandis et al. v. United States Department of Transportation, Federal Aviation Administration; Burgard v. United States Department of Transportation, Federal Aviation Administration; Conroy v. United States Department of Transportation, Federal Aviation Administration; DeLutri v. United States Department of Transportation, Federal Aviation Administration; Ellis et al. v. United States Department of Transportation, Federal Aviation Administration; Lydon v. United States Department of Transportation, Federal Aviation Administration; Murphy v. United States Department of Transportation, Federal Aviation Administration; Piorkowski v. United States Department of Transportation, Federal Aviation Administration; Romashko v. United States Department of Transportation, Federal Aviation Administration; and Toepfer v. United States Department of Transportation, Federal Aviation Administration.
   C. A. Fed. Cir. Certiorari denied. Reported below: 795 F. 2d 1014 (1st case); 795 F. 2d 1012 (2d case); 795 F. 2d 1012 (3d case); 795 F. 2d 1012 (4th case); 795 F. 2d 1011 (5th case); 795 F. 2d 1012 (6th case); 795 F. 2d 1012 (7th case); 795 F. 2d 1014 (8th case); 795 F. 2d 1012 (9th case); 795 F. 2d 1014 (10th case); 795 F. 2d 1011 (11th case).


text:
    No. 86-375.
    White Mountain Apache Tribe v. Hodel, Secretary of the Interior, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-405.
    Kashani v. Nelson, Commissioner of the Immigration and Naturalization Service.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-407.
    Dodson v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 86-416.
    Harwood et al. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-417.
    Gardner et al. v. Evans, Governor of Idaho, et al.
   Sup. Ct. Idaho. Certiorari denied.


text:
    No. 86-450.
    United Brotherhood of Carpenters & Joiners of America, Local Union 201, AFL-CIO v. National Labor Relations Board.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-481.
    No. 86-666.
    Central States, Southeast and Southwest Areas Pension Fund et al. v. Whitworth Bros. Storage Co.; and Whitworth Bros. Storage Co. v. Central States, Southeast and Southwest Areas Pension Fund et al.
   C. A. 6th Cir. Certiorari denied. Reported below: 794 F. 2d 221.


text:
    No. 86-499.
    Terrell et al. v. Alexander et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-518.
    Evergreen Towers, Inc. v. City of East Orange et al.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 86-536.
    Graham et al. v. Indiana.
   Ct. App. Ind. Certiorari denied.


text:
    No. 86-550.
    Beckham v. Sun News et al.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 86-604.
    Townley, Warden, et al. v. Clark.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-607.
    Diamond Shamrock Corp. v. Hamilton et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-609.
    Chauffeurs, Teamsters & Helpers Local Union No. 238 v. CRST, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-614.
    Welch v. Carson Productions Group, Ltd.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-615.
    Brown v. Brown.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 86-619.
    Allen v. Chilton Co., Division of A. B. C., Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-623.
    Schaafsma v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 86-626.
    Trent et al. v. Codman & Shurtleff, Inc., et al.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 86-630.
    Cummings, a Minor, by her Guardian ad Litem, Techmeier, et al. v. Briggs & Stratton Retirement Plan et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-635.
    Hogue v. Clinton, Governor of Arkansas, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-638.
    Clark Oil & Refining Corp. v. Go-Tane Service Stations, Inc.
   Temp. Emerg. Ct. App. Certiorari denied.


text:
    No. 86-639.
    Daigle v. Gulf States Utility Co. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-645.
    Holden v. Owens-Illinois, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-657.
    Malachowski et ux. v. City of Keene et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-662.
    Native Village of Nenana v. Alaska Department of Health and Social Services.
   Sup. Ct. Alaska. Certiorari denied.


text:
    No. 86-665.
    Stone, Individually and as Special Administratrix of the Estate of Stone, et al. v. Paradise Holdings, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-687.
    Mertz v. Marsh, Secretary of the Army.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-699.
    Allen v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 86-789.
    King v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-748.
    Chunie, aka Herrera, et al. v. Ringrose et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-752.
    Dlugosz v. Office of Personnel Management.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-755.
    Stefan v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5090.
    Adams v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5201.
    Granger v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5370.
    Vester v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5387.
    LaFramboise v. Alaska.
   Ct. App. Alaska. Certiorari denied.


text:
    No. 86-5432.
    Williams v. Rogers, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5456.
    Ely v. More Than 20 FBI Agents et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-5518.
    Owens-El v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5532.
    Capobianchi v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5572.
    Najohn v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5652.
    Sun v. Bush et al.
   Ct. App. Ga. Certiorari denied.


text:
    No. 86-5653.
    McBee v. Harrison, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5664.
    Casas v. California.
   Ct. App. Cal., 6th App. Dist. Certiorari denied.


text:
    No. 86-5667.
    Joyner v. Phelps, Secretary, Louisiana Department of Corrections, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5674.
    Johns v. Estelle, Superintendent, California Men’s Colony, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5677.
    Maffei v. Bowen, Secretary of Health and Human Services.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5682.
    Hall v. Wainwright, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5684.
    Drumheller v. Samberg, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5691.
    Castle v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 86-5693.
    McNeil v. Cuyler, Superintendent, State Correctional Institution and Correctional Diagnostic and Classification Center at Graterford, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5694.
    Richard v. Massachusetts.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 86-5696.
    Pannacci v. Thorp Consumer Discount Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5706.
    Bentley v. Bentley.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 86-5710.
    Ashley v. Armstrong, Controller of the Colorado Department of Labor, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-5713.
    Shabazz v. Barnauskas et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5714.
    Wise et ux. v. Kaiser, Trustee.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-5715.
    Tyner v. Newsome, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5716.
    Payton v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 86-5717.
    May v. Bureau of Motor Vehicles.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 86-5719.
    Matthews v. McClung et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5727.
    Ware v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5734.
    Heyward v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 86-5756.
    Williams v. L. C. P. Chemicals, Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5764.
    Norwood v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-5766.
    Higdon v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5772.
    No. 86-5773.
    Neely v. United States; and Richie v. United States.
   C. A. 6th Cir. Certiorari denied. Reported below: 803 F. 2d 722.


text:
    No. 86-5776.
    Einarson v. Flamm.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-5778.
    Harrelson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5793.
    Carter et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-5802.
    March v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5810.
    Malady v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-5811.
    Walker v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5824.
    Barnes v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-390.
    Multimedia, Inc. v. Hawkins, by and Through his Guardian ad Litem, Hawkins.
   Sup. Ct. S. C. Motions of North Carolina Press Association et al. and Conus Communications for leave to file briefs as amici curiae granted. Certiorari denied.

Justice Brennan would grant certiorari.


text:
    No. 86-396.
    Illinois v. Anderson.
   Sup. Ct. Ill. Motion of respondent for leave to proceed informa pauperis granted. Cer-tiorari denied.


text:
    No. 86-641.
    Thompson v. Casas.
   Sup. Ct. Cal. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 86-5024.
    Diamen v. Martin et al.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 86-5314.
    Milton v. Florida.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.

Justice Brennan would grant certio-rari and set the case for oral argument. Justice Marshall and Justice Blackmun would grant certiorari, vacate the judgment of the District Court of Appeal of Florida, First District, and remand the case for further consideration in light of Smalis v. Pennsylvania, 476 U. S. 140 (1986).


text:
    No. 85-2168.
    No. 86-113.
    Fleming v. Moore, American Baptist Churches in the U. S. A. et al. v. Reagan, President of the United States, et al., Creasey v. Muncy, Warden, et al.,
   ante, p. 890;

ante, p. 914; and

No. 86-5472.

ante, p. 936. Petition for rehearing denied.


text:
    No. 86-5003.
    Gambrell v. Ackerman, Judge,
   ante, p. 855. Petition for rehearing denied.

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


text:
    December 12, 1986
    No. A-436.
    Andrade v. McCotter, Director, Texas Department of Corrections.
   Application for stay of execution of sentence of death and for certificate of probable cause, presented to Justice White, and by him referred to the Court, denied.

Justice Brennan and Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay in order to give the applicant time to file a petition for writ of certiorari and would grant the petition and vacate the death sentence in this case.


text:
    December 15, 1986
    No. 86-764.
    Merchants National Bank of Fort Smith v. United States.
   C. A. 8th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    No. 86-731.
    Mingo et al. v. James et al.
   Affirmed on appeal from D. C. S. D. Miss.


text:
    No. 86-654.
    Perez et al. v. Puerto Rico.
   Appeal from Sup. Ct. P. R. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of cer-tiorari, certiorari denied.


text:
    No. 86-5725.
    Abdullah v. Rainwater et al.
   Appeal from C. A. 11th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of cer-tiorari, certiorari denied.


text:
    No. 86-5758.
    Perkins v. Hartigan, Attorney General of Illinois, 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. 86-670.
    Kantorski v. L. F. C. Leasing & Financial Corp.
   Appeal from App. Ct. Mass, dismissed for want of jurisdiction.


text:
    No. 86-695.
    Hansen et al. v. United States.
   Appeal from D. C. W. D. Wis. dismissed for want of jurisdiction.


text:
    No. 86-86.
    No. 86-284.
    Shultz, Secretary of State v. Cooper et al.; and Cooper et al. v. Shultz, Secretary of State.
   C. A. D. C. Cir. Certiorari granted, judgment vacated, and cases remanded for further consideration in light of Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U. S. 546 (1986), and Library of Congress v. Shaw, 478 U. S. 310 (1986).

Justice Scalia took no part in the consideration or decision of these cases.


text:
    No. D-564.
    In re Disbarment of Holzer.
   Reginald Jack Holzer, of Chicago, Ill., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on September 11, 1986 [478 U. S. 1037], is hereby discharged.


text:
    No. D-569.
    In re Disbarment of Christakis.
   Lee J. Christakis, of Gary, Ind., 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 September 11, 1986 [478 U. S. 1038], is hereby discharged.


text:
    No. D-573.
    In re Disbarment of Shields.
    [For earlier order herein, see 478 U. S. 1038.]
   Disbarment entered.


text:
    No. 85-1358.
    Lukhard, Commissioner, Virginia Department of Social Services v. Reed et al.
   C. A. 4th Cir. [Certiorari granted, 477 U. S. 903.] Motion of the Solicitor General to permit Glen D. Nager, Esquire, to present oral argument ;pro hac vice granted.


text:
    No. 85-1963.
    No. 85-2006.
    Tyler Pipe Industries, Inc. v. Washington State Department of Revenue; and National Can Corp. et al. v. Washington State Department of Revenue.
   Sup. Ct. Wash. [Probable jurisdiction noted, ante, p. 810.] Motion of appellants for divided argument granted.

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


text:
    No. 85-5348.
    Buchanan v. Kentucky.
   Sup. Ct. Ky. [Cer-tiorari granted, 476 U. S. 1140.] Motion for appointment of counsel granted, and it is ordered that Kevin Michael McNally, Esquire, of Frankfort, Ky., be appointed to serve as counsel for petitioner in this case. Motion of petitioner for divided argument denied.


text:
    No. 86-6.
    Ricketts, Director, Arizona Department of Corrections, et al. v. Adamson.
   C. A. 9th Cir. [Certiorari granted, ante, p. 812.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 86-44.
    Shearson/American Express Inc. et al. v. McMahon et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 812.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 86-87.
    United States v. Salerno et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 929.] Motion of American Bar Association for leave to file a brief as amicus curiae out of time granted.


text:
    No. 86-133.
    Nollan et ux. v. California Coastal Commission.
   Ct. App. Cal., 2d App. Dist. [Probable jurisdiction noted, ante, p. 913.] Motion of appellee to dismiss appeal denied.


text:
    No. 86-421.
    Board of Directors of Rotary International et al. v. Rotary Club of Duarte et al.
   Ct. App. Cal., 2d App. Dist. [Probable jurisdiction postponed, ante, p. 929.] Motion of California for leave to intervene granted.

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


text:
    No. 86-882.
    Hodgson et al. v. Minnesota et al.
   C. A. 8th Cir. Motion of petitioners to expedite consideration of petition for writ of certiorari before judgment denied.


text:
    No. 86-900.
    LaBranche v. United States Olympic Committee.
   C. A. 9th Cir. Motion of petitioner to expedite consideration of petition for writ of certiorari before judgment and to consolidate with No. 86-270, San Francisco Arts & Athletics, Inc., et al. v. United States Olympic Committee et al. [certiorari granted, ante, p. 913], denied.


text:
    No. 86-5479.
    Wrenn v. Ohio Department of Mental Health,
   ante, p. 928. Motion of petitioner for reconsideration of order of Court denying leave to proceed in forma pauperis denied.


text:
    No. 86-5655.
    No. 86-5739.
    No. 86-5808.
    In re Mann; In re Carpenter; and In re Burgess.
   Petitions for writs of mandamus denied.


text:
    No. 86-422.
    Carpenter et al. v. United States.
   C. A. 2d Cir. Motion of Securities Industry Association, Inc., for leave to file a brief as amicus curiae granted. Certiorari granted.


text:
    No. 86-656.
    Reagan, President of the United States, et al. v. Abourezk et al.
   C. A. D. C. Cir. Certiorari granted.

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


text:
    No. 85-1946.
    Marsh v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 85-2028.
    No. 85-7100.
    Gill v. United States; and Bruno v. United States.
   C. A. 8d Cir. Certiorari denied. Reported below: 791 F. 2d 922.


text:
    No. 85-2062.
    Acker et al. v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 85-7046.
    Smith v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-7080.
    Baker v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-7107.
    Pagan v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 85-7150.
    Benny v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-7184.
    Giles v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-7206.
    Dixon v. United States; Maldonado v. United States; and Green v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-75.
    Ciambrone v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-100.
    No. 86-111.
    Smith v. United States; and Stoneman v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 789 F. 2d 196.


text:
    No. 86-121.
    Pully v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-238.
    Thoroughbred Racing Associations of North America, Inc., et al. v. Capra et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-409.
    Metropolitan Transportation Authority et al. v. Interstate Commerce Commission et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-453.
    Carson et al. v. Block, Secretary of Agriculture, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-491.
    Giancola et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-529.
    Trinidad Corp. v. District No. 1, Pacific Coast District, Marine Engineers’ Beneficial Assn., AFL-CIO.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 86-642.
    No. 86-669.
    United Transportation Union v. Taylor et al.; and Missouri Pacific Railroad Co. et al. v. Taylor et al.
   C. A. 5th Cir. Certiorari denied. Reported below: 794 F. 2d 1082.


text:
    No. 86-643.
    Kayzakian v. Krajewski et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-664.
    James-Massengale et al. v. Martori Bros. Distributors et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-667.
    Polyak v. Buford Evans & Sons.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-673.
    Revlon, Inc. v. Carson Products Co.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-681.
    Lawson v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 86-682.
    Perkins v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 86-683.
    Zemonick et al. v. Consolidation Coal Co. et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-732.
    Briehler v. Town of Jamestown et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-756.
    Birk et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-760.
    Hescorp v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-5039.
    McConico v. White, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5131.
    Campbell v. Miller et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-5135.
    Mounts v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5158.
    Hutchins v. Brogan.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-5275.
    Dawson v. McCotter, Director, Texas Department of Corrections.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 86-5409.
    Kattouah v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5418.
    McCaleb v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5443.
    Boniface v. Wainwright, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5540.
    Fatt v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5602.
    Kahn v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5616.
    Condom v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5666.
    Harrison v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 86-5679.
    Plunkett v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 86-5697.
    Dean v. Rafferty, Superintendent, New Jersey State Prison, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5708.
    Jones v. Davis, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5711.
    Bryant v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 86-5712.
    Brown v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 86-5720.
    Bosque v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 86-5726.
    Stephens v. Lack.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5730.
    Ruffin v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5731.
    Long et al. v. Moran, Director, Rhode Island Department of Corrections.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-5732.
    Palmer v. Berry, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5733.
    Holland v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5747.
    Simpson, aka Woods v. Massachusetts.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-5749.
    Woodfin v. Bowen.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5751.
    Begay et al. v. Smialek, State Medical Investigator.
   Sup. Ct. N. M. Certiorari denied.


text:
    No. 86-5755.
    Sykes v. Van de Water et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5767.
    Hardin v. Redman, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5779.
    Gholston v. Lambert et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5789.
    Wiman v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-5790.
    Stankowski v. McDowell, Sheriff, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-5792.
    Banks et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5807.
    Crockett v. McCotter, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5812.
    Williams v. United States Postal Service et al.
   C. A. 11th Cir. Certiorari before judgment denied.


text:
    No. 86-5814.
    Stoner v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5817.
    Stout v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-483.
    Pierce v. United States.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 86-697.
    St. Louis Home Insulators et al. v. Burroughs Corp.
   C. A. 8th Cir. Certiorari denied.

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


text:
    No. 86-5373.
    Spierings v. Alaska.
   Sup. Ct. Alaska. Certiorari denied.

Justice White,

dissenting.

In this case, the Supreme Court of the State of Alaska affirmed the petitioner’s conviction, rejecting his argument that the trial judge improperly instructed the jury on a lesser included offense. Dresnek v. State, 718 P. 2d 156 (1986). Over the petitioner’s objection, the trial judge gave a “transition instruction”; the jurors-were instructed that they could not render a verdict on a lesser included offense until they unanimously acquitted the petitioner on the greater offense. The Alaska Supreme Court held that the instruction was proper. This decision conflicts with the approach followed in the Courts of Appeals for the Second and Ninth Circuits. In United States v. Tsanas, 572 F. 2d 340 (CA2), cert. denied, 435 U. S. 995 (1978), the court held that if a defendant seasonably objects to this type of instruction, the trial judge should instruct the jury with an alternative formulation: jurors may consider the lesser included offense if they cannot reach agreement on the greater offense. 572 F. 2d, at 346. The Court of Appeals for the Ninth Circuit, in United States v. Jackson, 726 F. 2d 1466 (1984), followed the Tsanas approach. There, the court reasoned that “although either formulation may be employed if the defendant expresses no choice, it is error to reject the form timely requested by defendant.” 726 F. 2d, at 1469. I would grant the petition of certiorari to resolve this conflict.


text:
    No. 86-5707.
    Garcia v. Florida.
   Sup. Ct. Fla. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 86-5515.
    Kinnell v. Maschner, Director, Kansas State Penitentiary, et al.,
   ante, p. 952. Petition for rehearing denied.


text:
    No. 85-2126.
    No. 86-101.
    No. 86-194.
    No. 86-5177.
    Malachowski et ux. v. City of Keene et al., Harris et al. v. Court of Appeals of Missouri, Western District, et al., Malachowski et ux., on Behalf of the Juvenile, Amy M. v. New Hampshire, Wells v. City of Houston, Texas, et al.,
   ante, p. 828;

ante, p. 851;

ante, p. 854; and

ante, p. 864. Petitions for rehearing denied.

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


text:
    December 17, 1986
    No. A-464.
    Andrade v. McCotter, Director, Texas Department of Corrections.
   Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied.

Justice Brennan and Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay in order to give the applicant time to file a petition for writ of certiorari, and would grant the petition and vacate the death sentence in this case.


text:
    December 23, 1986
    No. 86-567.
    Curry et al. v. Baker et al.
   C. A. 11th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    No. 86-569.
    Graddick, Attorney General of Alabama v. Henderson et al.
   Appeal from D. C. M. D. Ala. dismissed under this Court’s Rule 53.


text:
    December 30, 1986
    No. 86-613.
    Griffin Hospital v. Commission on Hospitals and Health Care.
   Appeal from Sup. Ct. Conn, dismissed under this Court’s Rule 53.


text:
    No. 85-1094.
    Hopfmann et al. v. Connolly et al.
   Appeal from C. A. 1st 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. 86-719.
    Edwards, Administratrix for the Estate of Edwards v. Edwards.
   Appeal from Sup. Ct. Tenn. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 86-5782.
    Harris v. Menendez.
   Appeal from C. A. 11th 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. 86-359.
    Castro Gonzalez v. Puerto Rico et al.
   Appeal from Super. Ct. Puerto Rico dismissed for want of substantial federal question.


text:
    No. 86-581.
    New York State Restaurant Assn., Inc., et al. v. City of New York et al.
   Appeal from App. Div., Sup. Ct. N. Y., 1st Jud. Dept., dismissed for want of substantial federal question.


text:
    No. 86-799.
    Fisher v. Copley Press, Inc., et al.
   Appeal from Ct. App. Cal., 4th App. Dist., dismissed for want of substantial federal question.


text:
    No. 86-5670.
    Lowery v. Nelson et al.
   Appeal from Ct. App. Wash, dismissed for want of substantial federal question.


text:
    No. 86-686.
    Hydropool & Cogeneration Services, Inc. v. California Public Utilities Commission et al.
   Appeal from Sup. Ct. Cal. dismissed for want of jurisdiction.

Justice Black-mun took no part in the consideration or decision of this case.


text:
    No. 86-712.
    Butcher et ux. v. Department of the Treasury, Revenue Division, for the State of Michigan, et al.
   Appeal from Sup. Ct. Mich, dismissed for want of properly presented federal question.


text:
    No. 86-759.
    Reardon v. Reardon et al.
   Appeal from D. C. N. J. dismissed for want of jurisdiction.


text:
    No. 86-434.
    Eu, Secretary of State of California, et al. v. San Francisco County Democratic Central Committee et al.
   Appeal from C. A. 9th Cir. Judgment vacated and case remanded for further consideration in light of Tashjian v. Republican Party of Connecticut, ante, p. 208.

Justice Stevens would affirm the judgment. The Chief Justice took no part in the consideration or decision of this case.


text:
    No. 86-597.
    Union Gas Co. v. Pennsylvania.
   C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499.


text:
    No.-.
    Rupp et al. v. United Food & Commercial Workers Union, Local 1439.
   Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.


text:
    No. A-411 (86-6012).
    Leavitt v. United States.
   C. A. 11th Cir. Application for stay, addressed to Justice Stevens and referred to the Court, denied.


text:
    No. D-591.
    In re Disbarment of Burns.
   Richard Gordon Burns, of Corte Madera, Cal., 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 December 8, 1986 [ante, p. 1003], is hereby discharged. The Chief Justice and Justice O’Connor took no part in the consideration or decision of this order.


text:
    No. D-595.
    In re Disbarment of Hartman.
   It is ordered that Ronald L. Hartman of Encino, Cal., 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-596.
    In re Disbarment of Kramer.
   It is ordered that Stuart R. Kramer, of Brooklyn, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-597.
    In re Disbarment of Fabré.
   It is ordered that Edwin George Fabré, of Detroit, Mich., 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-598.
    In re Disbarment of Gorin.
   It is ordered that Martin Manuel Gorin, of Kansas City, Mo., 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-599.
    In re Disbarment of Henry.
   It is ordered that James Vance Henry, of Fresno, Cal., 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.