author: Chief Justice Burger,

text:
    No. 85-337.
    Kemp, Warden v. Potts.
   C. A. 11th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.

Chief Justice Burger,

with whom Justice Rehnquist joins,

dissenting from the denial of certiorari.

Eleven years ago, while in Cobb County, Georgia, Potts and a female companion persuaded Robert Snyder to give them a ride in a pickup truck. After Snyder agreed, Potts shot him through the left ear and nose with a pistol. Snyder acted as if he were unconscious while Potts dragged him out of the truck. Potts robbed Snyder and then, unable to start the truck, walked to a nearby home. There he told Michael Priest that an accident had occurred. Priest drove Potts back to the truck. Upon their arrival, Priest saw Snyder lying in a ditch and attempted to help him. But Potts ordered Priest to drive him and his companion to the next county, Forsyth County. Once there, he forced Priest out of the car at gunpoint. Priest said, “Oh my God, don’t kill me”; Potts retorted that there was no such thing as God, and that he would determine whether Priest would live or die. Potts then put a gun to Priest’s head and killed him.

Potts was convicted in the Superior Court of Cobb County of kidnaping Priest with bodily injury, armed robbery of Priest, and armed robbery and aggravated assault of Snyder. Potts was sentenced to death for the kidnaping and for the armed robbery. He was subsequently tried in the Superior Court of Forsyth County for the murder of Priest and received another death sentence. Potts’ convictions and sentences were affirmed by the Georgia Supreme Court, although the court vacated Potts’ death sentence for armed robbery. Potts v. State, 241 Ga. 67, 69, 243 S. E. 2d 510, 514 (1978). He then sought and was denied state habeas relief.

Potts next sought a writ of habeas corpus in the United States District Court for the Northern District of Georgia. The District Court ordered a new guilt/innocence trial with respect to the Cobb County kidnaping conviction and a new sentencing trial with respect to the Forsyth County murder conviction. 575 F. Supp. 374 (1983). The Court of Appeals for the Eleventh Circuit affirmed. 734 F. 2d 526 (1984).

Potts’ federal habeas petition contained several issues that had never been presented to the Georgia state courts; for the first time in his petition, he argued that he was denied effective assistance of counsel. This issue had not been raised on direct appeal or on state habeas. Indeed, in the District Court Potts moved to amend his federal habeas petition to include this new claim. The State contended that Potts had not exhausted his state remedies, citing this Court’s opinion in Rose v. Lundy, 455 U. S. 509 (1982). The District Court nonetheless granted the motion to amend, stating that it was “hard pressed to see how [the State] would be prejudiced by the granting of the . . . motion.” Of course, this was a wholly insufficient basis for ignoring the requirement of exhaustion of state remedies made explicit in Lundy. There we explained that the exhaustion requirement is designed not only to avoid prejudice to state prosecutors but also “to protect the state courts’ role in the enforcement of federal law and prevent disruption of state judicial proceedings.” Id., at 518.

In his federal habeas petition, Potts also argued that the trial court erred in not instructing the jury that “bodily injury” was an element of the crime of capital kidnaping. From an examination of the record lodged with this Court, it seems clear that this issue was not presented to the Georgia Supreme Court either on direct appeal from the conviction or in the state habeas petition. Thus, Potts had not exhausted his state remedies when he sought federal habeas relief on this basis. Nonetheless, both the District Court and the Court of Appeals granted relief on this claim without giving the Georgia state courts any opportunity to review it.

Apart from the unnecessary “disruption of state-court proceedings” created by this failure to require Potts to exhaust state remedies, the record that resulted is unusual in several respects. For example, the Court of Appeals embarked on an extended discussion of the meaning of the Georgia capital kidnaping statute without the benefit and guidance of a prior Georgia court construction of the statute in light of Potts’ objection. 734 F. 2d, at 529-530. Obviously our decision, and the decision of the court below, would have been aided by such a construction.

The Court of Appeals also acknowledged after parsing the Cobb County jury verdict that “there is . . . some degree of uncertainty as to what the Cobb County jury intended to find with regard to the kidnapping charge.” Id., at 530. The court nevertheless confidently declared that the jury had never found “bodily injury” because of defective instructions. The federal question presented on a challenge such as this is “‘whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process,’ . . . not merely whether ‘the instruction is undesirable, erroneous, or even “universally condemned.’”” Henderson v. Kibbe, 431 U. S. 145, 154, and 157 (1977) (emphasis added) (quoting Cupp v. Naughten, 414 U. S. 141, 147 (1973)). Of course the Georgia state courts, familiar as they are with the nuances of trial procedure in that State, are in a far better position to decide such a question in the first instance than is the Court of Appeals.

By allowing Potts to raise these issues for the first time in his federal habeas petition, the Court of Appeals also effectively circumvented sound state procedural rules that may have been applicable. Although the trial transcript is not part of the record lodged with this Court, it seems apparent that Potts never contested that the kidnaping here did in fact end with bodily injury. After all, Mr. Priest was found shortly after Potts had kidnaped him — not merely injured, but dead with a bullet through his head — and the whole record here is filled with evidence of mayhem. Accordingly, if the trial court’s instructions were in any way defective on need for a jury finding of “bodily injury,” it seems extremely unlikely that Potts objected. Indeed, he may have even invited the error or made a tactical decision not to object for the purpose of diverting the jury’s attention from the obvious injury that resulted. In such circumstances, the state court might well and properly have concluded that Potts was procedurally barred from raising this claim, had he been required to proceed there first. Such a conclusion could have precluded federal-court review of this issue entirely since generally “if a defendant has an objection, there is an obligation to call the matter to the court’s attention so the trial judge will have an opportunity to remedy the situation.” Estelle v. Williams, 425 U. S. 501, 508, n. 3 (1976). This possibility was foreclosed by the Court of Appeals’ hasty consideration of Potts’ claim. The correct course, clearly mandated by our prior opinions, was to give the Georgia state courts “first crack” at Potts’ constitutional objections.

“The exhaustion doctrine seeks to afford the state courts a meaningful opportunity to consider allegations of legal error without interference from the federal judiciary.” Vasquez v. Hillery, 474 U. S. 254, 257 (1986). Because the District Court and the Court of Appeals entertained a petition contrary to established law, I would vacate and remand with instructions to dismiss the petition to “‘allo[w] the State an initial opportunity to pass upon and correct alleged violations of [Potts’] federal rights.’” Lundy, supra, at 518 (quoting Duckworth v. Serrano, 454 U. S. 1, 3 (1981)). We have followed essentially this procedure in other cases when we discovered that a petitioner has obtained relief on an unexhausted claim. See, e. g., Bergman v. Burton, 456 U. S. 953 (1982) (after discovering exhaustion problem, vacating and remanding for reconsideration in light of Lundy). Accordingly, I dissent from the Court’s denial of certiorari.


source: Caselaw Access Project

license: Public Domain

text:
    No. 85-684.
    Kramer v. Public Employment Relations Commission.
   Sup. Ct. N. J. Certiorari denied.

Justice Blackmun would grant the petition for writ of certiorari, vacate the judgment, and remand the case for further consideration in light of Teachers v. Hudson, ante, p. 292.


text:
    No. 85-748.
    No. 85-790.
    No. 85-5360.
    No. 85-5619.
    No. 85-5885.
    Keller v. United States, Cuddy v. Carmen, Administrator, General Services Administration, Darwin v. United States, Campbell v. Department of Transportation, Federal Aviation Administration, Tucker v. United States,
   474 U. S. 1082;

474 U. S. 1034;

474 U. S. 1110;

474 U. S. 1084; and

474 U. S. 1085. Petitions for rehearing denied.


text:
    No. 85-5352.
    No. 85-5413.
    Sanders v. Junior College District of Metropolitan Kansas City, Missouri, Petrillo v. New Jersey,
   474 U. S. 922; and

474 U. S. 922. Motions for leave to file petitions for rehearing denied.


author:
Justice Brennan,
      Justice Marshall,

text:
    March 11, 1986
    No. A-691.
    Bass v. McCotter, Director, Texas Department of Corrections.
   Application for stay of execution of sentence of death scheduled for Wednesday, March 12, 1986, presented to Justice White, and by him referred to the Court, 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 the application for a stay and a petition for certiorari, and vacate the death sentence in this case. However, even if I did not hold this view, I would grant this application.

The Court of Appeals rejected applicant’s conflict-of-interest claim with regard to attorney Sanders based on the trial court’s finding that Sanders had not acted as applicant’s trial counsel. 784 F. 2d 658 (1986). However, because the determination whether Sanders acted as applicant’s counsel presents a mixed question of fact and law, we are not obliged, as the Court of Appeals apparently believed, simply to defer to the trial court’s finding. Cf. Cuyler v. Sullivan, 446 U. S. 335, 342 (1980) (state court’s holding that lawyers had not engaged in multiple representation is mixed question of fact and law).

Sanders represented applicant when he contested extradition from Kentucky to Texas. Upon extradition, the trial court appointed Victor Blaine, a Texas attorney, to represent applicant. However, Sanders continued to play an active role in the case. First, Sanders appeared as amicus curiae in support of applicant’s motion for a continuance to allow applicant to obtain substitute counsel. Sanders had apparently obtained an agreement from an outside organization to provide applicant with substitute counsel if a continuance could be secured. Second, when applicant balked at testifying at trial without first consulting Sanders, Sanders urged applicant to follow Blaine’s advice and to take the stand in his defense. Third, Sanders and Blaine had frequent and direct communication in writing and by telephone, although the trial court characterized the bulk of these as “non-controversial.” Fourth, after applicant complained to Sanders about his inability to communicate with Blaine, Sanders gave applicant advice on how to document his complaints with a view towards seeking Blaine’s removal or a continuance to obtain new counsel. Fifth, Sanders appeared as amicus curiae and filed a motion for reconsideration of applicant’s appeal of his conviction. Sixth, Sanders did represent applicant when he filed his petition for certiorari to this Court. Based on these facts, applicant raises a serious question as to whether Sanders was in fact his attorney for purposes of the Sixth Amendment right to effective assistance of counsel. While Sanders did not formally conduct applicant’s trial, applicant relied on Sanders’ advice in making critical decisions throughout the proceedings. If Sanders was acting as applicant’s attorney, Sanders’ alleged conflict of interest may have deprived applicant of the effective assistance of counsel under Cuyler, supra. I would therefore grant the application for a stay in order to provide applicant with time to prepare and file a petition for a writ of certiorari raising this issue.

Justice Marshall,

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, 231 (1976), I 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:
    March 13, 1986
    No. 85-1361.
    United Gas Pipe Line Co. v. City of New Orleans et al.
   Sup. Ct. La. Certiorari dismissed under this Court’s Rule 53.


text:
    March 18, 1986
    No. A-710 (85-6545).
    James v. Wainwright, Secretary, Florida Department of Corrections, et al.
   Sup. Ct. Fla.

Application for stay of execution of sentence of death scheduled for Wednesday, March 19, 1986, presented to Justice Powell, and by him referred to the Court, is granted until April 7, 1986, or until the disposition by this Court of the petition for writ of certiorari, whichever is earlier, unless otherwise extended by the Court.

The Chief Justice, Justice White, Justice Rehnquist, and Justice O’Connor would deny the application for stay.


author: Justice Powell, Justice Brennan, Justice Marshall, Justice Stevens,

text:
    No. A-711 (85-6547).
    Harich v. Wainwright, Secretary, Florida Department of Corrections, et al.
   Sup. Ct. Fla.

Application for stay of execution of sentence of death scheduled for Wednesday, March 19, 1986, presented to Justice Powell, and by him referred to the Court, denied.

Justice Powell,

concurring.

The other capital case in which execution was scheduled for tomorrow is James v. Wainwright, ante this page. I voted to grant a stay of execution in that case. Both James and this case profess to present claims similar to that pending before the Court in Lockhart v. McCree, No. 84-1865.

This case, however, presents an issue different from James and one without merit. In James, the Lockhart issue was at least arguably presented when persons on the venire who expressed reservations as to capital punishment were removed by peremptory challenges. In this case, applicant “conced[ed] in this petition [before the Supreme Court of Florida] that at his trial ‘no veniremen were excluded’ during voir dire, either for cause or through peremptory challenge.” Harich v. Wainwright, 484 So. 2d 1237 (1986). Similarly, before this Court applicant makes no allegation that persons on the venire were excluded during voir dire because of any objections to capital punishment.

Accordingly, my vote is to deny the application for a stay of execution.

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 the application for stay and the petition for writ of certiorari, and vacate the death sentence in this case.

Justice Marshall,

with whom Justice Brennan joins,

dissenting.

Four Justices of this Court have voted to defer consideration of the petition for certiorari accompanying this application for a stay pending our decision in Lockhart v. McCree, No. 84-1865. Applicant has raised a claim that would be directly affected by the decision in McCree. Although no prospective juror in this case was actually stricken because of expressed scruples against the death penalty, applicant alleges that the jurors’ exposure to voir dire on their willingness to inflict the death penalty rendered them more likely to convict him. This is identical to a claim at issue in McCree. It is also identical to claims raised in James v. Wainwright, ante, p. 1074, and Adams v. Wainwright, ante, p. 1062, both of which were stayed by this Court, the former only hours ago. James, like applicant, relied solely on the jurors’ exposure to death qualification; he nowhere claimed that the exclusion of jurors via peremptory strikes brought his case within the scope of McCree. See Pet. for Cert, in No. 85-6545, pp. 6-13. Although this Court has deferred consideration of numerous other petitions for certiorari pending our decision in McCree, and has issued stays of execution where necessary to permit this deferral, the Court inexplicably refuses to treat the case before us as we have treated these others.

More alarming is the Court’s disregard of its own procedures in this case. Because at least three Justices have voted to defer consideration of the petition pending McCree, the Court has not, nor under its own procedures can it, dispose of the petition for certiorari. Thus, applicant is in the unusual and manifestly unfair position of facing execution before this Court has considered his petition. This Court has shown a bizarre willingness to ignore standard procedures as it pleases in order to bring about speedy executions. I can only lament this Court’s own special contribution to the arbitrariness and freakishness that continues to characterize the implementation of the death penalty.

Justice Stevens,

with whom Justice Blackmun joins,

dissenting.

Because the Court has not yet acted on the petition for a writ of certiorari, I would stay applicant’s execution until that petition is decided.


author: Justice Brennan, Justice Marshall,

text:
    March 20, 1986
    No. A-721 (85-6557).
    Jones v. Smith, Commissioner, Alabama Department of Corrections, et al.
   C. A. 11th Cir. Application for stay of execution of sentence of death scheduled for Friday, March 21, 1986, presented to Justice Powell, and by him referred to the Court, denied.

Justice Blackmun and Justice Stevens would grant the application for stay.

Justice Brennan,

with whom Justice Marshall joins,

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 the application for stay and the petition for writ of certiorari, and vacate the death sentence in this case.

Justice Marshall,

with whom Justice Brennan joins,

dissenting.

Petitioner is scheduled to be executed at 12:01 tomorrow morning. In his application for a stay and petition for writ of habeas corpus, he claims that the death-qualification of his jury and the consequent exclusion for cause of one prospective juror from the panel because of her opposition to the death penalty deprived him of his right to an impartial jury and his right to a jury selected from a representative cross section of the community in violation of the Sixth and Fourteenth Amendments. A case raising an identical claim is now pending before this Court. Lockhart v. McCree, No. 84-1865.

The District Court denied the petition and denied a certificate of probable cause. It found that petitioner had abused the writ, that petitioner’s claims were proeedurally barred, and, in any event, that these claims were meritless. The Court of Appeals for the Eleventh Circuit denied petitioner’s application for a certificate of probable cause and a stay of execution, finding his claims to lack merit. 772 F. 2d 668 (1985).

Three times in the past six months a stay of execution has been granted in virtually identical circumstances. See Bowden v. Kemp, 474 U. S. 891 (1985); Moore v. Blackburn, No. A-261 (85-5555), Oct. 4, 1985; Celestine v. Blackburn, 473 U. S. 938 (1985). In light of the disposition of those applications, I can see no justification whatever for the Court’s action today. As I noted only two days ago: “I can only lament this Court’s own special contribution to the arbitrariness and freakishness that continues to characterize the implementation of the death penalty.” Harich v. Wainwright, ante, at 1076.


text:
    March 24, 1986
    No. 85-1256.
    Comstock v. Harris County, Texas.
   Appeal from Ct. App. Tex., 14th Sup. Jud. 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. 85-5400.
    Anderson v. District Court of Jefferson County et al.
   Appeal from Sup. Ct. Colo, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 85-6307.
    Eigenman v. California.
   Appeal from App. Dept., Super. Ct. Cal., County of Tulare, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 85-1271.
    Covenant Community Church v. Lowe, Knox County Clerk.
   Appeal from Sup. Ct. Term, dismissed for want of substantial federal question.


text:
    No. 85-1275.
    York v. Office of Disciplinary Counsel of the Supreme Court of Ohio.
   Appeal from Sup. Ct. Ohio dismissed for want of substantial federal question.


text:
    No. 85-1296.
    Rosenbaum v. Rosenbaum.
   Appeal from App. Ct. Ill., 1st Dist., dismissed for want of substantial federal question.


text:
    No. 85-1311.
    Green et al. v. West Virginia Department of Human Services.
   Appeal from Cir. Ct. W. Va., Jefferson County, dismissed for want of substantial federal question.


text:
    No. 85-6217.
    Rederth v. South Dakota.
   Appeal from Sup. Ct. S. D. dismissed for want of substantial federal question.


text:
    No. 85-23.
    Maryland v. Lodowski.
   Ct. App. Md. Certio-rari granted, judgment vacated, and case remanded for further consideration in light of Moran v. Burbine, ante, p. 412.


text:
    No. 85-1074.
    Florida v. Haliburton.
   Sup. Ct. Fla. Motion of respondent for leave to proceed in forma pawperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Moran v. Burbine, ante, p. 412.


text:
    No.-.
    Fitzgerald v. City of Philadelphia.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. A-599 (85-1455).
    Prado v. United States.
   C. A. 5th Cir. Application for stay, addressed to Justice Stevens and referred to the Court, denied.


text:
    No. A-668 (85-1468).
    Woods v. Superior Court of California, County of Alameda (Jones, Real Party in Interest).
   Ct. App. Cal., 1st App. Dist. Application for stay, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-709.
    Miller et al. v. Higgs et al.
   Application to continue the stay of mandate of the Supreme Court of Colorado, presented to Justice White, and by him referred to the Court, denied.


text:
    No. D-123.
    In re Disbarment of Chvosta.
    [For earlier order herein, see 434 U. S. 979.]
   Disbarment entered.


text:
    No. D-404.
    In re Disbarment of Mirrer.
    [For earlier order herein, see 465 U. S. 1063.]
   Disbarment entered.


text:
    No. D-541.
    In re Disbarment of Boulding.
    [For earlier order herein, see 474 U. S. 1044.]
   Disbarment entered.


text:
    No. D-548.
    In re Disbarment of Marble.
   It is ordered that John Harrison Marble, of Cincinnati, 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-549.
    In re Disbarment of Duke.
   It is ordered that Charles Louis Duke, of Houston, Tex., 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. 105,
    Orig.
    Kansas v. Colorado.
   Motion for leave to file bill of complaint granted. Defendant is allowed 60 days within which to file an answer.


text:
    No. 84-6075.
    Tison v. Arizona (two cases).
   Sup. Ct. Ariz. [Certiorari granted, ante, p. 1010.] Motions for appointment of counsel granted, and it is ordered that Alan M. Dershowitz, Esquire, of Cambridge, Mass., be appointed to serve as counsel for petitioners in these cases.


text:
    No. 85-246.
    United States v. Dion.
   C. A. 8th Cir. [Cer-tiorari granted, 474 U. S. 900.] Motion of the Solicitor General to permit Jeffrey P. Minear, Esquire, to present oral argument pro hac vice granted.


text:
    No. 85-499.
    Papasan, Superintendent of Education, et al. v. Allain, Governor of Mississippi, et al.
   C. A. 5th Cir. [Certiorari granted, 474 U. S. 1004.] Motion of the Attorney General of Mississippi to strike brief of respondents Dick Molpus, Secretary of State of Mississippi, et al., denied.


text:
    No. 85-519.
    Randall et al. v. Loftsgaarden et al.
   C. A. 8th Cir. [Certiorari granted, 474 U. S. 978.] Motion of petitioners for divided argument denied.


text:
    No. 85-954.
    No. 85-955.
    Japan Whaling Assn. et al. v. American Cetacean Society et al.; and Baldrige, Secretary of Commerce, et al. v. American Cetacean Society et al.
   C. A. D. C. Cir. [Certiorari granted, 474 U. S. 1053.] Motion of the Solicitor General for divided argument granted.


text:
    No. 85-6314.
    In re Bondurant.
   Petition for writ of habeas corpus denied.


text:
    No. 85-6263.
    No. 85-6279.
    No. 85-6287.
    In re Galbreath; In re Colbert; and In re Boudette.
   Petitions for writs of mandamus denied.


text:
    No. 85-6320.
    In re MacGuire.
   Petition for writ of prohibition denied.


text:
    No. 84-2022.
    324 Liquor Corp., dba Yorkshire Wine & Spirits v. McLaughlin et al.
   Appeal from Ct. App. N. Y. Probable jurisdiction noted.


text:
    No. 85-608.
    Illinois v. Krull et al.
   Sup. Ct. Ill. Certio-rari granted.


text:
    No. 85-1088.
    Burlington Northern Railroad Co. v. Woods et al.
   C. A. 11th Cir. Certiorari granted.


text:
    No. 85-1092.
    Keystone Bituminous Coal Assn. et al. v. Duncan, Secretary, Pennsylvania Department of Environmental Resources, et al.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 85-1226.
    Commissioner of Internal Revenue v. Groetzinger.
   C. A. 7th Cir. Certiorari granted.


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, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 245 U. S. App. D. C. 311, 761 F. 2d 714.


text:
    No. 85-889.
    Colorado v. Bertine.
   Sup. Ct. Colo. Motion of respondent for leave to proceed in forma pauperis and certio-rari granted.


text:
    No. 85-1233.
    International Paper Co. v. Ouellette et al.
   C. A. 2d Cir. Certiorari granted. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 85-24.
    Maryland v. ElFadl.
   Ct. Sp. App. Md. Cer-tiorari denied.


text:
    No. 85-552.
    Sakamoto et al. v. Duty Free Shoppers, Ltd., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-705.
    Molt v. United States.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 85-874.
    Hackney, Inc., et al. v. Brock, Secretary of Labor.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-902.
    Interfirst Bank Dallas, N. A. v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-913.
    Resha et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-1007.
    DiCaro v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1051.
    Roe v. United States.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 85-1063.
    Lizza Industries, Inc. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-1079.
    American Pouch Food Co., Inc. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1082.
    Holbrock v. Young, Judge, Warren County Common Pleas Court.
   Ct. App. Ohio, Warren County. Cer-tiorari denied.


text:
    No. 85-1084.
    City of Independence, Ohio, et al. v. Tyler, Director of Environmental Protection of Ohio, et al.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 85-1095.
    Aamodt et ux. v. United States Nuclear Regulatory Commission et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-1096.
    Van Sant v. United States Postal Service et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-1117.
    Ashwood Manor Civic Assn. et al. v. Dole, Secretary of Transportation, et al. (two cases).
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-1166.
    Southwest Mortgage Service Corp. v. Pezzulli.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1169.
    No. 85-1331.
    Terre Du Lac, Inc., et al. v. Terre Du Lac Assn., Inc.; and Terre Du Lac Assn., Inc. v. Terre Du Lac, Inc., et al.
   C. A. 8th Cir. Certiorari denied. Reported below: 772 F. 2d 467.


text:
    No. 85-1171.
    Bristow v. Daily Press, Inc.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-1181.
    Ennis v. New Jersey Bell Telephone Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-1184.
    Brooklyn Union Gas Co. v. New York State Board of Equalization and Assessment et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 85-1188.
    Rose v. Supreme Court of Colorado.
   Sup. Ct. Colo. Certiorari denied.


text:
    No. 85-1189.
    Long-Airdox Co., Division of the Marmon Group, Inc. v. Kessler et al.
   Cir. Ct. W. Va., Fayette County. Certiorari denied.


text:
    No. 85-1198.
    Grom v. United States.
   Ct. Mil. App. Cer-tiorari denied.


text:
    No. 85-1227.
    Briehler v. Sylvia’s, Inc., et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 85-1228.
    Benton v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 85-1230.
    Daniel B. et al. v. Wisconsin Department of Public Instruction et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1238.
    Holmes v. District of Columbia Department of Consumer and Regulatory Affairs.
   Ct. App. D. C. Certiorari denied.


text:
    No. 85-1240.
    Daniel A. Torres, M. D., P. C., et al. v. Eastlick, Trustee of North American Coin & Currency, Ltd.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1243.
    Novicky v. Syntex Ophthalmics, Inc., et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 85-1245.
    GAF Corp. v. Werner.
   Ct. App. N. Y. Cer-tiorari denied.


text:
    No. 85-1247.
    Chmelicky v. Muchewicz.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 85-1248.
    Malone v. Kentucky.
   Sup. Ct. Ky. Certio-rari denied.


text:
    No. 85-1249.
    McCollum v. Reid.
   Ct. App. N. Y. Certio-rari denied.


text:
    No. 85-1255.
    Goslin v. McDermott, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1260.
    Lowe v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 85-1263.
    New York State Department of Transportation v. Sierra Club et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-1264.
    Lavant v. St. Joseph’s Hospital et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 85-1270.
    Kienast v. California et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1272.
    Myer v. Pacific Federal Savings & Loan Assn.
   App. Dept., Super. Ct. Cal., County of Orange. Certio-rari denied.


text:
    No. 85-1273.
    Eagle v. American Telephone & Telegraph Co.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1274.
    Ernest v. United States Attorney for the Eastern District of Virginia et al.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 85-1276.
    Ramos v. Yip et al.
   C. A. 9th Cir. Certio-rari denied.


text:
    No. 85-1286.
    Messing v. Simon.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 85-1290.
    Glickstein v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 85-1293.
    Educational Services, Inc., dba International Montessori Society, et al. v. Maryland State Board for Higher Education et al.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 85-1294.
    Leber et al. v. Smith et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-1297.
    Manego v. Orleans Board of Trade et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 85-1298.
    Payne et al. v. Wood.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 85-1299.
    Laurent et al. v. Watts.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1302.
    Spiegel v. Continental Illinois National Bank et al.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 85-1303.
    Kowalski v. Kowalski et al.
   Sup. Ct. Minn. Certiorari denied.


text:
    No. 85-1306.
    Gonzalez v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 85-1308.
    Gerace et al. v. New Jersey Casino Control Commission et al.
   Super. Ct. N. J., App. Div. Certio-rari denied.


text:
    No. 85-1310.
    DuPont v. Southern National Bank of Houston et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1312.
    United Food & Commercial Workers International Union Local 1357 v. National Labor Relations Board.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-1313.
    Jersey Coast Egg Producers, Inc. v. Local 863, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-1350.
    Edgemon v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-1366.
    Huckaby v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1367.
    Frank E. Bush, Inc. v. United States Postal Service.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-1375.
    Bawcum v. Marsh, Secretary of the Army.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1390.
    Armstrong et al. v. Thomas et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-1398.
    Alemany v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 85-1416.
    Aruba Bonaire Curacao Trust Co. Ltd., Trustee of the Supriano Trust, et al. v. Commissioner of Internal Revenue.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 85-5213.
    Lodowski v. Maryland.
   Ct. App. Md. Cer-tiorari denied.


text:
    No. 85-5214.
    ElFadl v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 85-5938.
    Gonzales v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 85-6051.
    Cole v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 85-6073.
    Wentz v. Department of Justice.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-6082.
    Ellis v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6091.
    Wiley v. Scully, Superintendent, Green Haven Correctional Facility, et al.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 85-6092.
    Rogers v. Supreme Court of Virginia et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-6095.
    Clipp v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 85-6100.
    Kalyon v. New York.
   Sup. Ct. N. Y., Kings County. Certiorari denied.


text:
    No. 85-6219.
    Johnson v. Texas.
   Ct. Crim. App. Tex. Cer-tiorari denied.


text:
    No. 85-6223.
    Bongiovi v. LeFevre, Superintendent, Clinton Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-6224.
    Drinkwine v. Federated Publications, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6250.
    Diamontiney v. California.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 85-6257.
    Delgado v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6260.
    Lynch v. Johnson et al.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 85-6266.
    Green v. Superior Court of California, Alameda County.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 85-6281.
    Rosberg v. Commodity Credit Corp. et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6282.
    Rosberg v. Goeres.
   C. A. 8th Cir. Certio-rari denied.


text:
    No. 85-6284.
    Nelson v. Veterans Administration.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 85-6285.
    Wilbanks v. Georgia.
   Ct. App. Ga. Certio-rari denied.


text:
    No. 85-6286.
    Wallace v. Iowa.
   Dist. Ct. Iowa, Scott County. Certiorari denied.


text:
    No. 85-6288.
    Filipas v. Lemons et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-6289.
    Armstrong v. Fairman, Warden, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-6290.
    Washington v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 85-6291.
    Koenig v. Board of Charities and Corrections et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6293.
    McDonald v. Tennessee.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 85-6296.
    Clutchette v. Rushen, Director, California Department of Corrections.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6297.
    Kuntzelman v. Black, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6301.
    Coates v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 85-6302.
    Beaudett v. City of Hampton, Virginia, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-6303.
    Lamar v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 85-6305.
    Hamm v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 85-6306.
    Jackson v. Russell, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6310.
    Gregory v. Solem, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6311.
    Houghton v. Coder et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6312.
    Fulford v. Blackburn, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-6313.
    Adams v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 85-6316.
    Rosberg v. Commercial State Bank et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6317.
    Rodriguez v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 85-6319.
    Stevenson v. Newsome, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6323.
    Osipova v. Wolin et al.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 85-6326.
    Hoskins v. Garland, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-6332.
    Aguilar v. Onion et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 85-6334.
    Klein v. CIBA Geigy et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6377.
    Williams v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-6411.
    Telepo v. Campean et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-587.
    Texas v. Dunn.
   Ct. Crim. App. Tex. Certio-rari denied.

Justice White, Justice Marshall, Justice Blackmun, and Justice Rehnquist would grant the petition for writ of certiorari, vacate the judgment, and remand the case for further consideration in light of Moran v. Burbine, ante, p. 412.


author: Justice White,

text:
    No. 85-969.
    Gray et al. v. Office of Personnel Management.
   C. A. D. C. Cir. Certiorari denied.

Justice White,

dissenting.

In this case the United States Court of Appeals for the District of Columbia Circuit held that the comprehensive remedial scheme established by Congress in the Civil Service Reform Act of 1978 (CSRA) indicates a congressional intent to preclude judicial review under the Administrative Procedure Act of claims that could have been reviewed administratively under the CSRA. 248 U. S. App. D. C. 364, 771 F. 2d 1504 (1985). While eight other Courts of Appeals have reached a similar conclusion, the United States Court of Appeals for the First Circuit has held to the contrary. Dugan v. Ramsay, 727 F. 2d 192 (1984). I would grant certiorari to resolve this conflict.

       Pub. L. 95-454, 92 Stat. 1111 (codified as amended in scattered sections of 5 U. S. C.).

       5 U. S. C. §701 et seq.


text:
    No. 85-1018.
    Southland News Co., Inc. v. County of Winnebago et al.
   C. A. 7th Cir. Certiorari denied.

Justice Brennan and Justice Marshall would grant certiorari.


text:
    No. 85-1201.
    Ford Motor Co. v. Walsh et al.
   C. A. D. C. Cir. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari denied.


text:
    No. 85-1282.
    Irving Ear, Nose, Throat & Allergy Clinic et al. v. Group Hospital Service, Inc., et al.
   C. A. 5th Cir. Motion of respondents for award of damages pursuant to Rule 49.2 denied. Certiorari denied.


author: Justice Brennan and Justice Marshall,

text:
    No. 85-5375.
    No. 85-6145.
    No. 85-6229.
    No. 85-6259.
    No. 85-6268.
    No. 85-6270.
    No. 85-6275.
    Blanks v. Georgia. Guzmon v. Texas. Collins v. Georgia. Curry v. Georgia. Roman v. Florida. Laney v. Tennessee. Jones v. Illinois.
   Sup. Ct. Ga.;

Ct. Crim. App. Tex.;

Super. Ct. Ga., Houston County;

Sup. Ct. Ga.;

Sup. Ct. Fla.;

Ct. Crim. App. Tenn.; and

Sup. Ct. Ill. Certiorari denied. Reported below: No. 85-5375, 254 Ga. 420, 330 S. E. 2d 575; No. 85-6145, 697 S. W. 2d 404; No. 85-6259, 255 Ga. 215, 336 S. E. 2d 762; No. 85-6268, 475 So. 2d 1228; No. 85-6275, 109 Ill. 2d 19, 485 N. E. 2d 363.

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. 84-801.
    Midlantic National Bank v. New Jersey Department of Environmental Protection,
   474 U. S. 494. Petition for rehearing denied.


text:
    No. 84-805.
    No. 85-529.
    No. 85-604.
    No. 85-826.
    No. 85-896.
    No. 85-945.
    No. 85-952.
    No. 85-5786.
    No. 85-5866.
    No. 85-5875.
    No. 85-5878.
    No. 85-5896.
    No. 85-5959.
    No. 85-5963.
    O’Neill, Trustee in Bankruptcy of Quanta Resources Corp., Debtor v. City of New York et al.; and O’Neill, Trustee in Bankruptcy of Quanta Resources Corp., Debtor v. New Jersey Department of Environmental Protection, Hou Hawaiians v. Hawaii et al., Scarnati v. United States, Golin v. Brookhaven National Laboratory, Johnson v. Linden Shore District, Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. South Dakota et al., Grason Electric Co. et al. v. Sacramento Municipal Utility District, Davis v. First State Bank, In re Griffin, In re May, In re May, Rubin v. Board of Governors of State Colleges and Universities (Western Illinois University), Wham v. United States et al., Calver v. Owners of Ridgecrest Mobile Home Park et al.,
   474 U. S. 494;

474 U. S. 1055;

474 U. S. 1056;

474 U. S. 1059;

474 U. S. 1102;

474 U. S. 1102;

474 U. S. 1103;

474 U. S. 1098;

474 U. S. 1100;

474 U. S. 1100;

474 U. S. 1100;

474 U. S. 1104;

474 U. S. 1105; and

474 U. S. 1105. Petitions for rehearing denied.


text:
    No. 84-1070.
    Witters v. Washington Department of Services for the Blind,
   474 U. S. 481. Petition for rehearing or modification of opinion denied.


text:
    No. 84-1076.
    Transcontinental Gas Pipe Line Corp. v. State Oil and Gas Board of Mississippi et al.,
   474 U. S. 409. Motion of Louisiana for leave to file a brief as amicus curiae in support of petitions for rehearing denied. Petitions of State Oil and Gas Board of Mississippi, Coastal Exploration, Inc., and Getty Oil Co. for rehearing denied.


text:
    No. 85-137.
    Lavado v. United States,
   474 U. S. 1054. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied.


text:
    March 25, 1986
    No. A-653 (85-6448).
    Adams v. Wainwright, Secretary, Florida Department of Corrections, et al.
   The order heretofore entered March 6, 1986 [ante, p. 1062], staying execution of the sentence of death is continued to and including Monday, March 31, 1986.


text:
    March 28, 1986
    No. 85-1195.
    Lonavat v. Harvey et al.
   C. A. 2d Cir.

Certiorari dismissed under this Court’s Rule 53.


text:
    March 31, 1986
    No. 85-1261.
    Meyers et al. v. Seneca County Board of Commissioners.
   Appeal from Sup. Ct. Ohio dismissed for want of substantial federal question.


text:
    No. A-581 (85-1459).
    Powell v. Powell.
   Ct. App. Tex., 10th Sup. Jud. Dist. Application for recall and stay, addressed to The Chief Justice and referred to the Court, denied.


text:
    No. A-703.
    Fedora v. National Labor Relations Board.
   C. A. 9th Cir. Application for stay pending appeal, addressed to Justice Powell and referred to the Court, denied.


text:
    No. D-536.
    In re Disbarment of Lovett.
    [For earlier order herein, see 474 U. S. 1079.]
   Disbarment entered.


text:
    No. D-538.
    In re Disbarment of Vetter.
    [For earlier order herein, see 474 U. S. 1044.]
   Disbarment entered.


text:
    No. D-539.
    In re Disbarment of Mueller.
    [For earlier order herein, see 474 U. S. 1044.]
   Disbarment entered.


text:
    No. D-540.
    In re Disbarment of Chosid.
    [For earlier order herein, see 474 U. S. 1044.]
   Disbarment entered.


text:
    No. D-550.
    In re Disbarment of Michaels.
   It is ordered that Robert Scott Michaels, of Beverly Hills, 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-551.
    In re Disbarment of Nichols.
   It is ordered that Zane Gray Nichols, of Annapolis, 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. 103,
    Orig.
    South Dakota v. Nebraska et al.
    [For earlier order herein, see 474 U. S. 941.]
   Motion of North Dakota for leave to intervene as plaintiff granted. Motion for leave to file bill of complaint denied without prejudice.


text:
    No. 84-1379.
    Diamond et al. v. Charles et al.
   C. A. 7th Cir. [Probable jurisdiction noted, 471 U. S. 1115.] Motion of appellants for leave to file a supplemental brief after argument granted.


text:
    No. 84-1777.
    International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, et al. v. Brock, Secretary of Labor.
   C. A. D. C. Cir. [Certiorari granted, 474 U. S. 900.] Motion of Chamber of Commerce of the United States et al. for leave to file a brief as amici curiae out of time granted.


text:
    No. 85-473.
    Cargill, Inc., et al. v. Monfort of Colorado, Inc.
   C. A. 10th Cir. [Certiorari granted, 474 U. S. 1049.] Motion of the parties to permit filing one volume of joint appendix under seal granted.

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


text:
    No. 85-521.
    Bowen, Secretary of Health and Human Services, et al. v. Public Agencies Opposed to Social Security Entrapment et al.
   D. C. E. D. Cal. [Probable jurisdiction noted sub nom. Heckler v. Public Agencies Opposed to Social Security Entrapment, 474 U. S. 1004.] Motion of appel-lees Public Agencies Opposed to Social Security Entrapment et al. for leave to file an out-of-time motion for divided argument denied.


text:
    No. 85-599.
    United States v. American Bar Endowment et al.
   C. A. Fed. Cir. [Certiorari granted, 474 U. S. 1004.] Motion of California Farm Bureau Federation for leave to file a brief as amicus curiae granted.

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


text:
    No. 85-1377.
    No. 85-1378.
    No. 85-1379.
    Bowsher, Comptroller General of the United States v. Synar, Member of Congress, et al.; United States Senate v. Synar, Member of Congress, et al.; and O’Neill, Speaker of the United States House of Representatives, et al. v. Synar, Member of Congress, et al.
   D. C. D. C. [Probable jurisdiction noted, ante, p. 1009.] Motion of National Treasury Employees Union for leave to add an individual party plaintiff granted.


text:
    No. 85-6368.
    In re Kierstead.
   Petition for writ of common-law certiorari denied.


text:
    No. 85-6371.
    In re Karriem et al.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 85-1200.
    California Coastal Commission et al. v. Granite Rock Co.
   Appeal from C. A. 9th Cir. Further consideration of question of jurisdiction postponed to hearing of case on the merits.


text:
    No. 85-1265.
    Michigan v. Shabaz.
   Sup. Ct. Mich. Motion of respondent for leave to proceed in forma pauperis and certio-rari granted.


text:
    No. 85-862.
    Hustler Magazine, Inc. v. Douglass.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-970.
    Thompson v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 85-1141.
    Board of Trustees of Internal Improvement Trust Fund of Florida v. Sand Key Associates, Ltd.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 85-1142.
    Manufacturers Hanover Trust Co., as Executor of the Estate of Wallace v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-1158.
    Crawford et al. v. United Steelworkers, AFL-CIO, et al.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 85-1187.
    DiSalvo v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1322.
    Lightman et al. v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 85-1323.
    King v. University of Minnesota et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-1325.
    Green v. Owens-Illinois Co. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-1326.
    Anding v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 85-1327.
    Hardaway Constructors, Inc. v. Browning.
   Ct. App. Ga. Certiorari denied.


text:
    No. 85-1332.
    Cavalieri v. Pennsylvania.
   Super. Ct. Pa.

Certiorari denied.


text:
    No. 85-1338.
    Wyand et al. v. Maryland.
   Ct. App. Md. Certiorari denied.


text:
    No. 85-1340.
    Marcum v. Wainwright, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1342.
    No. 85-1356.
    Chicago Park District et al. v. Alexander et al.; and Alexander et al. v. Chicago Park District et al.
   C. A. 7th Cir. Certiorari denied. Reported below: 773 F. 2d 850.


text:
    No. 85-1348.
    Hamm v. DeKalb County, Georgia, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1355.
    Fleming et al. v. Allstate Insurance Co.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 85-1365.
    California v. Serna.
   Sup. Ct. Cal. Certio-rari denied.


text:
    No. 85-1436.
    Acosta et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1455.
    Prado v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1456.
    Gadd v. News-Press Publishing Co. et al.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 85-5699.
    Wilson v. Schillinger et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-5821.
    Wade v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 85-5917.
    Edwards v. Wainwright, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6005.
    Fair v. Connecticut.
   Sup. Ct. Conn. Cer-tiorari denied.


text:
    No. 85-6122.
    Kidda v. Director, Office of Workers’ Compensation Programs, United States Department of Labor.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-6128.
    McCoy v. Bowen, Secretary of Health and Human Services.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6280.
    Abdullah v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6321.
    Henton v. Job Services.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6322.
    Murray v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6327.
    Widemon v. R. J. Reynolds Tobacco Co. et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-6338.
    Kumar v. Board of Trustees of the University of Massachusetts.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 85-6340.
    Matusavage v. Merit Systems Protection Board.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 85-6341.
    Shehee v. Kemp, Superintendent, Georgia Diagnostic and Classification Center, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6344.
    MacGuire v. Board of Governors for the Florida Bar et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6345.
    Tucker v. Anderson et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6351.
    Galvan v. Minnesota.
   Sup. Ct. Minn. Cer-tiorari denied.


text:
    No. 85-6354.
    Bond v. New York.
   Ct. App. N. Y. Certio-rari denied.


text:
    No. 85-6359.
    Denby v. Connecticut.
   Sup. Ct. Conn. Cer-tiorari denied.


text:
    No. 85-6367.
    Choat v. Rome Industries, Inc., et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 85-6380.
    Ortiz v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 85-6384.
    Merriweather v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6387.
    Clark et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-6414.
    Hopkins v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 85-6415.
    Schell v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-6429.
    Rorie v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6438.
    Scarborough v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6454.
    Massuh v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-6457.
    Callanan et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-6460.
    Purcell et ux. v. Board of Immigration Appeals.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6468.
    Cox et al. v. Duckworth, Warden, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 84-6778.
    No. 85-5053.
    No. 85-5553.
    No. 85-5651.
    No. 85-5833.
    No. 85-6168.
    No. 85-6228.
    No. 85-6342.
    No. 85-6382.
    Davis v. Oklahoma. Dougan v. Florida. Kenley v. Missouri. Lowery v. Indiana. Nave v. Missouri. Billiot v. Mississippi. Hooper v. Florida. Wilcher v. Mississippi. Woomer v. Aiken, Warden.
   Ct. Crim. App. Okla.;

Sup. Ct. Fla.;

Sup. Ct. Mo.;

Sup. Ct. Ind.;

Sup. Ct. Mo.;

Sup. Ct. Miss.;

Sup. Ct. Fla.;

Sup. Ct. Miss.; and

Sup. Ct. S. C. Certiorari denied. Reported below: No. 85-5053, 470 So. 2d 697; No. 85-5553, 693 S. W. 2d 79; No. 85-5651, 478 N. E. 2d 1214; No. 85-5833, 694 S. W. 2d 729; No. 85-6168, 478 So. 2d 1043; No. 85-6228, 476 So. 2d 1253; No. 85-6342, 479 So. 2d 710.

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. 85-1.
    Ohio v. Adkins.
   Ct. App. Ohio, Highland County. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 85-393.
    Ohio v. Counts.
   Ct. App. Ohio, Pickaway County. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 85-1305.
    Bunnell, Superintendent, California Correctional Institution v. Armant.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 85-1346.
    Companhia de Navegacao Lloyd Brasileiro v. Allied Chemical International Corp.
   C. A. 2d Cir. Motion of Inter-American Freight Conference, Sections A and D, for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 85-6264.
    Straight v. Wainwright, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.

Justice Blackmun dissents.

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.


author: Justice Stevens Justice Marshall,

text:
    No. 85-6324.
    Watkins v. Virginia.
   Sup. Ct. Va. Certio-rari denied.

Justice Stevens

Opinion of respecting the denial of the petition for certiorari.

As Justice Marshall explains in his dissenting opinion, the violation of petitioner’s Fifth Amendment right to counsel requires that the sentence of death for the shooting of Betty Jean Barker be set aside. However, in view of the fact that, as petitioner has presented the issue, this error would not appear to have affected the validity of the conviction or the death sentence for the murder of Carl Douglas Buchanan, I agree with the Court’s decision to deny certiorari and allow the error to be corrected in collateral proceedings.

Justice Marshall,

with whom Justice Brennan joins,

dissenting.

In the landmark case of Miranda v. Arizona, 384 U. S. 436 (1966), this Court held that before police institute custodial interrogation of an individual, they must inform him of his right to consult with counsel. Miranda further required that the police respect the individual’s decision to exercise that right. We stated, in clear and mandatory language:

“If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent.” Id., at 474.

We reaffirmed that rule in Fare v. Michael C., 442 U. S. 707, 719 (1979) (“[T]he Court fashioned in Miranda the rigid rule that an accused’s request for an attorney is per se an invocation of his Fifth Amendment rights, requiring that all interrogation cease”); see also Rhode Island v. Innis, 446 U. S. 291, 298 (1980); Michigan v. Mosley, 423 U. S. 96, 104, n. 10 (1975); id., at 109-111 (White, J., concurring in result). We refined the rule in Edwards v. Arizona, 451 U. S. 477, 485 (1981), explaining that the right to counsel, once asserted, cannot be waived “unless the accused himself initiates further communication, exchanges, or conversations with the police.” We emphasized: “[I]t is inconsistent with Miranda and its progeny for the authorities, at their instance, to reinterrogate an accused in custody if he has clearly asserted his right to counsel.” Ibid.

In this case, the Court acquiesces in a blatant denial of that Fifth Amendment right by the police and the courts of the State of Virginia. Unwilling to ignore that violation, I dissent from the denial of certiorari.

I

Petitioner Johnny Watkins, Jr. was charged with the murder of Betty Jean Barker. The State announced its intention to introduce at the penalty phase of that trial a statement made by Watkins in connection with an unrelated murder. During the pretrial suppression hearing, the following facts emerged.

Watkins was arrested in the evening of November 22, 1983, as a suspect in the murder of Carl Douglas Buchanan. He was questioned about 11 p.m. and signed a waiver-of-rights form, but then told the interrogating officer that he wanted to see a lawyer. Interrogation ceased temporarily.

About two hours later, Watkins was informed that he was being charged with the murder of Buchanan. He asked why he was being charged, and was given a second waiver-of-rights form to execute. The police then told Watkins that his brother Darnell had implicated him in the murder, played for him a portion of Darnell’s recorded statement, and took him to see Darnell. Watkins refused to talk to police about the shooting.

The police did not supply Watkins with a lawyer. They instead transferred him to the county jail, held him there until November 28, and then reinterrogated him. Testimony was conflicting as to what happened at the November 28 meeting. The parties agreed that a police officer went to the jail to interrogate Watkins, and had him sign a waiver-of-rights form. Watkins testified that he again asked for a lawyer but that the officer ignored his request, and that the officer “nagg[ed]” him until he admitted to the shooting of Buchanan. The officer testified that Watkins never stated on November 28 that he wanted to stop the questioning or consult with a lawyer, and that he gave his statement without apparent hesitation. The Barker trial court apparently credited the officer’s testimony. There was no dispute, however, that Watkins had requested a lawyer five days earlier, had not received one, had not himself reinitiated questioning, and had been questioned again nonetheless.

Watkins’ statement implicating himself in the Buchanan killing, along with extensive other evidence of that crime, was admitted over objection in the penalty phase of Watkins’ trial for the shooting of Barker. The jury sentenced Watkins to death. Some months later, Watkins was convicted of the murder of Buchanan, and was given a second death sentence.

The facts of this case constitute a plain violation of petitioner’s Fifth Amendment right to counsel. Our law sets out a bright-line rule that all questioning must cease after an accused requests counsel, so that repeated police questioning does not “wear down the accused and persuade him to incriminate himself notwithstanding his earlier request for counsel’s assistance.” Smith v. Illinois, 469 U. S. 91, 98 (1984) (per curiam). The accused may not be found to have waived that right, once he asserts it, unless he himself reinitiates questioning. Ibid.

In this case, Watkins made an undisputed and unequivocal request for counsel on November 22, and refused to talk to the authorities in counsel’s absence. The response of the police was to hold Watkins without a lawyer for five days and then to interrogate him again. Even if the trial court credited the police officer with respect to the events of November 28, that interrogation was impermissible under Miranda and its progeny, and any statement so elicited should not have been admitted in the penalty phase of a capital proceeding. See Estelle v. Smith, 451 U. S. 454, 462-463 (1981); see also Del Vecchio v. Illinois, 474 U. S. 883 (1985) (Marshall, J., dissenting from denial of certiorari).

II

Respondent State of Virginia contends that petitioner did not adequately present his Fifth Amendment claim to the Supreme Court of Virginia. It focuses on the fact that Watkins did not include the magic words “Edwards v. Arizona” in his brief to that court. This contention has no merit. Edwards merely set out an elaboration of the basic rule of Miranda, and Watkins cited expressly to Miranda below. He argued to the trial court that the statement had been taken in violation of his Fifth Amendment right to counsel. He argued to the appellate court that his statement had been taken in violation of his Fifth Amendment rights and was involuntary, focusing on his claim that police had ignored an express request for counsel on November 28. While Watkins did not present his argument below as proficiently as he now does in his petition for certiorari, he unmistakably raised below and reasserts here a claim that the November 28 statement was taken in violation of his Fifth Amendment right to counsel. The denial of his November 22 request for counsel is part and parcel of that claim. See Eddings v. Oklahoma, 455 U. S. 104, 113-114, n. 9 (1982).

Ill

The Court today allows Watkins’ death sentence to stand notwithstanding the illegality of the evidence introduced before the jury in its sentencing deliberations. The denial of his petition adds to a long line of cases in which the Court has declined to review capital sentences marred by the sort' of violation described here. E. g., Henderson v. Florida, 473 U. S. 916 (1985) (Marshall, J., dissenting from denial of certiorari); James v. Arizona, 469 U. S. 990 (1984) (Brennan, J., dissenting from denial of certiorari); Johnson v. Virginia, 454 U. S. 920 (1981) (Marshall, J., dissenting from denial of certiorari). I dissent.


text:
    No. 85-6448 (A-653).
    Adams v. Wainwright, Secretary, Florida Department of Corrections, et al.
   Sup. Ct. Fla. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied. Stay of execution heretofore granted {ante, pp. 1062 and 1092] is vacated. 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 the application for stay and the petition for writ of certiorari and would vacate the death sentence in this case.


text:
    No. 85-6470 (A-663).
    Adams v. Florida.
   Sup. Ct. Fla.

Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied. 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 the application for stay and the petition for writ of certiorari and would vacate the death sentence in this case.


text:
    No. 85-6476 (A-664).
    Adams v. Wainwright, Secretary, Florida Department of Corrections.
   Sup. Ct. Fla. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied. 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 the application for stay and the petition for writ of certiorari and would vacate the death sentence in this case.


text:
    No. 84-744.
    No. 85-1179.
    No. 85-5865.
    No. 85-5893.
    No. 85-5931.
    No. 85-6078.
    United States v. Lane et al., Sonderegger v. E. F. Hutton & Co., Inc., et al., Howard v. United States, Nickens v. Mississippi, Dyson v. Texas, Muza v. United States,
   474 U. S. 438;

ante, p. 1048;

ante, p. 1022;

474 U. S. 1104;

ante, p. 1002; and

ante, p. 1028. Petitions for rehearing denied.


text:
    April 7, 1986
    No. 85-1418.
    Nationwide Mutual Insurance Co. v. Superior Court of California, County of San Bernardino (Mitchell et al., Real Parties in Interest).
   Appeal from Ct. App. Cal., 4th App. Dist., dismissed for want of jurisdiction.


text:
    No. 85-1452.
    Lauve v. Secretary of State of Michigan; Lauve v. Attorney General of Michigan; and Lauve v. Secretary of State of Michigan.
   Appeals from Sup. Ct. Mich, dismissed for want of jurisdiction. Treating the papers whereon the appeals were taken as a petition for writ of certiorari, certio-rari denied. Reported below: 422 Mich. 964 (first case); 424 Mich. 855 (second case); 425 Mich. 874 (third case).


text:
    No. 85-6451.
    Wesley v. Texas.
   Appeal from 66th Jud. Dist. Ct. Tex., Hill County, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 84-6677.
    Holloway v. Texas.
   Ct. Crim. App. Tex.

Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Michigan v. Jackson, ante, p. 625, and Moran v. Burbine, ante, p. 412.


text:
    No. 85-249.
    City of Little Rock v. Williams.
   C. A. 8th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pembaur v. Cincinnati, ante, p. 469.


text:
    No. 85-487.
    Ford Motor Co. et al. v. Tunis Brothers Co., Inc., et al.
   C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Matsushita Electric Industrial Co. v. Zenith Radio Corp., ante, p. 574.


text:
    No. 85-6318.
    MacLean v. City of Bellingham.
   Ct. App. Wash. Motion of petitioner for leave to proceed informa paupe-ris and certiorari granted. Judgment vacated and case remanded for further consideration in light of Pembaur v. Cincinnati, ante, p. 469.


text:
    No. 85-6557.
    Jones v. Smith, Commissioner, Alabama Department of Corrections, et al.
   C. A. 11th Cir. Petition for writ of certiorari dismissed as moot.


text:
    No.-.
    Cook v. Chiu-An Wang et al.
   Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.


text:
    No. A-710 (85-6545).
    James v. Wainwright, Secretary, Florida Department of Corrections, et al.
   Sup. Ct. Fla. The stay order granted March 18, 1986 [ante, p. 1074], is continued pending final disposition of the petition for writ of certiorari.


text:
    No. A-694.
    Bankers’ Life & Casualty Co. v. Crenshaw.
   Sup. Ct. Miss. Application for stay pending appeal, addressed to The Chief Justice and referred to the Court, denied.

Justice Blackmun and Justice Stevens would grant this application.


text:
    No. A-756.
    Johnson v. Texas.
   Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, is granted pending the filing of a petition for writ of certiorari on or before May 7, 1986. If the petition is filed on or before May 7, 1986, this order is to continue in effect pending this Court’s final disposition of the petition for writ of certiorari.


text:
    No. D-533.
    In re Disbarment of Evans.
    [For earlier order herein, see 474 U. S. 1002.]
   Disbarment entered.


text:
    No. D-543.
    In re Disbarment of Deglow.
    [For earlier order herein, see 474 U. S. 1079.]
   Disbarment entered.


text:
    No. D-544.
    In re Disbarment of Tilley.
    [For earlier order herein, see ante, p. 1003.]
   Disbarment entered.


text:
    No. D-552.
    In re Disbarment of Plaza.
   It is ordered that Richard J. Plaza, of Jersey City, N. J., 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. 84-1379.
    Diamond et al. v. Charles et al.
   C. A. 7th Cir. [Probable jurisdiction noted, 471 U. S. 1115.] Motion of appellees for leave to file a supplemental brief after argument granted.


text:
    No. 85-250.
    Lyng, Secretary of Agriculture v. Castillo et al.
   D. C. S. D. Tex. [Probable jurisdiction noted sub nom. Block v. Castillo, 474 U. S. 994.] Motion of the Solicitor General to permit Jeffrey P. Minear, Esquire, to present oral argument pro hac vice granted.


text:
    No. 85-437.
    Arcara, District Attorney of Erie County v. Cloud Books, Inc., dba Village Book & News Store, et al.
   Ct. App. N. Y. [Certiorari granted, 474 U. S. 978.] Motion of City of Santa Ana for leave to participate in oral argument as amicus curiae, for divided argument, and for additional time for oral argument denied.


text:
    No. 85-473.
    Cargill, Inc., et al. v. Monfort of Colorado, Inc.
   C. A. 10th Cir. [Certiorari granted, 474 U. S. 1049.] Motion of The Business Roundtable for leave to file a brief as amicus curiae granted.

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


text:
    No. 85-920.
    Alaska Airlines, Inc., et al. v. Brock, Secretary of Labor, et al.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 1044.] Motion of petitioners to dispense with printing the joint appendix granted.


text:
    No. 85-1377.
    No. 85-1378.
    No. 85-1379.
    Bowsher, Comptroller General of the United States v. Synar, Member of Congress, et al.; United States Senate v. Synar, Member of Congress, et al.; and O’Neill, Speaker of the United States House of Representatives, et al. v. Synar, Member of Congress, et al.
   D. C. D. C. [Probable jurisdiction noted, ante, p. 1009.] Motion of the parties for divided argument granted.


text:
    No. 85-6374.
    In re Koenig.
   Petition for writ of mandamus denied.


text:
    No. 85-1027.
    Arizona v. Hicks.
   Ct. App. Ariz. Motion of respondent for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 84-6580.
    Marant v. Colorado.
   Ct. App. Colo. Certio-rari denied.


text:
    No. 84-6825.
    Pfeil, as Personal Representative of the Estate of Pfeil v. Rogers, Former District Attorney of Rusk County, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-82.
    Building & Construction Trades Council of Philadelphia and Vicinity et al. v. Altemose Construction Co. et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-301.
    Amey, Inc., et al. v. Gulf Abstract & Title, Inc., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-885.
    Zeleznik, Administrator of the Estate of Zeleznik, et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-890.
    Hubby v. Historic Savannah Foundation et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1042.
    Marine Transport Lines, Inc. v. International Organization of Masters, Mates & Pilots.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1058.
    Lisiecki v. Federal Home Loan Bank Board et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 85-1100.
    Doe v. United States.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 85-1146.
    Kwallek v. Alaska.
   Ct. App. Alaska. Cer-tiorari denied.


text:
    No. 85-1155.
    Papago Tribal Utility Authority v. Federal Energy Regulatory Commission.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 85-1196.
    City of Charlottesville, Virginia v. Federal Energy Regulatory Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 85-1315.
    Kosher et ux. v. Stamatis et ux.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 85-1320.
    Central Hardware Co. v. Central States, Southeast & Southwest Areas Pension Fund et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-1334.
    Roe v. United States.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 85-1351.
    Casaceli, Individually and as Duly Authorized Representative of the Estate of Bodd, et al. v.
      Cheramie Bo Truc #11, Inc., et al.
   C. A. 5th Cir. Certio-rari denied.


text:
    No. 85-1363.
    O’Mahony v. Chicago Transit Authority.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1364.
    Clady et al. v. County of Los Angeles.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1368.
    Galardi et al. v. Tokai Bank of California et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1369.
    Zoldessy v. Founders Title Co.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1371.
    Department of Finance of the City of New York v. Forbes, Inc.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 85-1374.
    Loeb, Individually and as Executrix of the Estate of Loeb, et al. v. Bergeron.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 85-1376.
    Glasgow, Inc. v. Noetzel et ux.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 85-1383.
    Kaonohi Ohana, Ltd. v. Sutherland et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1397.
    Vasquez v. New York.
   Ct. App. N. Y. Cer-tiorari denied.


text:
    No. 85-1417.
    Tyler-Barcomb et al. v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 85-1472.
    Ballard v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1487.
    Matchett v. Chicago Council of Lawyers et al.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 85-1495.
    No. 85-1502.
    Pecic v. United States; and Murphy v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 778 F. 2d 963.


text:
    No. 85-1507.
    Gallo v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-1508.
    Weinstein v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5729.
    Howell v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 85-5858.
    Cooper v. South Carolina.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 85-5920.
    Pool v. Armontrout, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6035.
    Fox v. City of Des Moines.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 85-6083.
    Luck v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6127.
    Roy v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-6198.
    Caletta v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-6294.
    Poree v. Chrans, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-6343.
    Turner v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-6355.
    Krzyzak v. United States Postal Service.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-6362.
    Wilkins v. Lyles, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-6363.
    Lindsey v. Pennsylvania.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-6375.
    Knies v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 85-6379.
    Jones v. McCotter, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-6397.
    Smith v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6398.
    Vargas v. Coughlin, Commissioner, New York State Department of Corrections.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 85-6410.
    Mitchell v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6413.
    Peterson v. Bowen, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-6428.
    Hopper v. Bowen, Secretary of Health and Human Services.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-6441.
    Noll v. Wilkerson et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-6462.
    Wood v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-6464.
    Good v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-6480.
    Joost v. O’Brien, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-6506.
    Lucas v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 85-690.
    McCotter, Director, Texas Department of Corrections v. Felder.
   C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 85-882.
    Lovshin v. Department of the Navy.
   C. A. Fed. Cir. Certiorari denied.

Justice White, Justice Marshall, and Justice Blackmun would grant certiorari.


text:
    No. 85-1352.
    Florida Fruit & Vegetable Assn. et al. v. Brock, Secretary of Labor, et al.
   C. A. 11th Cir. Motion of Ramirez, Ruiz, and Carrizalez for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 85-6376.
    No. 85-6439.
    Andrade v. Texas. Wise v. Virginia.
   Ct. Crim. App. Tex.; and

Sup. Ct. Va. Certiorari denied. Reported below: No. 85-6376, 700 S. W. 2d 585; No. 85-6439, 230 Va. 322, 337 S. E. 2d 715.

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. 85-659.
    No. 85-5277.
    No. 85-5415.
    No. 85-5967.
    No. 85-6040.
    No. 85-6099.
    Hopfmann v. United States Federal Election Commission et al., O’Driscoll v. United States, Roberts v. Rutgers State University of New Jersey et al., Dryden v. Safeco Insurance Company of America, Richards et ux. v. Swinebroad & Denton Auctioneers et al., Rodman v. Tate, Superintendent, Chillicothe Correctional Institute, et al.,
   474 U. S. 1038;

ante, p. 1020;

474 U. S. 952;

ante, p. 1049;

ante, p. 1026; and

ante, p. 1028. Petitions for rehearing denied.


text:
    No. 85-429.
    Exxon Corp. v. United States et al.,
   474 U. S. 1105. Motion for leave to file petition for rehearing denied.

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


text:
    No. 85-5835.
    In re Patrascu,
   474 U. S. 1100. Motion for leave to file petition for rehearing denied.


text:
    April 11, 1986
    No. 85-6679 (A-762).
    Thomas v. Wainwright, Secretary, Florida Department of Corrections.
   Sup. Ct. Fla. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied. 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 the application for stay and the petition for writ of certiorari and would vacate the death sentence in this case.


text:
    April 15, 1986
    No. 85-6714 (A-777).
    Thomas v. Wainwright, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Application for certificate of probable cause, presented to Justice Powell, and by him referred to the Court, denied. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied. 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 the application for certificate of probable cause, the application for stay, and the petition for -writ of certiorari and would vacate the death sentence in this case.


text:
    April 21, 1986
    No. 85-1093.
    Ryniawec v. Tsapis, Judge, Circuit Court of Brooke County, West Virginia, et al.
   Appeal from Sup. Ct. App. W. Va. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 85-6403.
    Dyson v. Texas A & M University.
   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. 85-1343.
    Humphrey et al., dba Humphrey & Haas v. Committee on Professional Ethics and Conduct of the Iowa State Bar Assn.
   Appeal from Sup. Ct. Iowa dismissed for want of substantial federal question.

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


text:
    No. 85-1392.
    Pullum v. Cincinnati, Inc., et al.
   Appeal from Sup. Ct. Fla. dismissed for want of substantial federal question.


text:
    No. 85-1407.
    Consolidated Edison Company of New York, Inc., et al. v. Public Service Commission of the State of New York.
   Appeal from Ct. App. N. Y. dismissed for want of substantial federal question.


text:
    No. 85-6499.
    Staradumsky v. Rhode Island.
   Appeal from Dist. Ct. R. I. dismissed for want of substantial federal question.


text:
    No. 85-299.
    Royal Center, Inc. v. Local Joint Executive Board of Las Vegas, Culinary Workers Union, Local 226, et al.
   C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of AT&T Technologies, Inc. v. Communications Workers, ante, p. 643.


text:
    No. 85-875.
    Rhode Island v. Manocchio.
   Sup. Ct. R. I. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Delaware v. Van Arsdall, ante, p. 673.


text:
    No. 85-1026.
    Texas v. Jackson.
   Ct. Crim. App. Tex. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Texas v. McCullough, ante, p. 134. Reported below: - S. W. 2d -.


text:
    No. 85-1434.
    Tierney et al. v. City of Toledo et al.
   C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Teachers v. Hudson, ante, p. 292.


text:
    No. - - -.
    No. - - -.
    Cribb et al. v. Pelham et al.; and Cox v. LeMaire, Fauntz & Katznelson.
   Motions to direct the Clerk to file petitions for writs of certiorari out of time denied.


text:
    No. D-554.
    In re Disbarment of Wood.
   It is ordered that Jack R. Wood, of Shelbyville, Ind., 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-555.
    In re Disbarment of Kerpan.
   It is ordered that William John Kerpan, of Marysville, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 74,
    Orig.
    Georgia v. South Carolina.
    [For earlier order herein, see, e. g., 434 U. S. 1057.]
   First Report of the Special Master received and ordered filed.


text:
    No. 85-236.
    Eichenlaub v. Yurky et al.
   C. A. 3d Cir. [Certiorari granted, 474 U. S. 1049.] Motion of respondents Zimmerman and Wicker for divided argument granted. Request for additional time for oral argument denied.


text:
    No. 85-473.
    Cargill, Inc., et al. v. Monfort of Colorado, Inc.
   C. A. 10th Cir. [Certiorari granted, 474 U. S. 1049.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

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


text:
    No. 85-488.
    Ohio Civil Rights Commission et al. v. Dayton Christian Schools, Inc., et al.
   C. A. 6th Cir. [Probable jurisdiction postponed, 474 U. S. 978.] Motion of appellees for leave to file a supplemental brief after argument granted.


text:
    No. 85-660.
    Colorado v. Connelly.
   Sup. Ct. Colo. [Certiorari granted, 474 U. S. 1050.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 85-701.
    Federal Election Commission v. Massachusetts Citizens for Life, Inc.
   C. A. 1st Cir. [Probable jurisdiction noted, 474 U. S. 1049.] Motions of Chamber of Commerce of the United States, Joseph M. Scheidler et al., and Catholic League for Religious and Civil Rights for leave to file briefs as amici curiae granted.


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, ante, p. 1081.] Motion of petitioners to dispense with printing the joint appendix granted.


text:
    No. 85-937.
    West Virginia v. United States.
   C. A. 4th Cir. [Certiorari granted, ante, p. 1009.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 85-1206.
    Rose v. Rose et al.
   Appeal from Ct. App. Tenn. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 85-1217.
    City of Springfield, Massachusetts v. Kibbe, Administratrix of the Estate of Thurston.
   C. A. 1st Cir. [Certiorari granted, ante, p. 1064.] Motion of respondent for leave to proceed further herein informa pauperis granted.


text:
    No. 85-1377.
    No. 85-1378.
    No. 85-1379.
    Bowsher, Comptroller General of the United States v. Synar, Member of Congress, et al.; United States Senate v. Synar, Member of Congress, et al.; and O’Neill, Speaker of the United States House of Representatives, et al. v. Synar, Member of Congress, et al.
   D. C. D. C. [Probable jurisdiction noted, ante, p. 1009.] Motions of Edward Blankstein and American Jewish Congress for leave to file briefs as amici curiae out of time granted.


text:
    No. 85-6214.
    Lindahl v. Office of Personnel Management.
   C. A. Fed. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until May 12, 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, Justice Blackmun, 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. 85-6418.
    Issa v. Merit Systems Protection Board.
   C. A. Fed. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until May 12, 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. 85-6335.
    No. 85-6395.
    No. 85-6400.
    No. 85-6407.
    In re Weems; In re Smith; In re Peters; and In re Carson.
   Petitions for writs of mandamus denied.


text:
    No. 85-1180.
    Meese, Attorney General of the United States, et al. v. Keene.
   Appeal from D. C. E. D. Cal. Probable jurisdiction noted.


text:
    No. 85-993.
    Hobbie v. Unemployment Appeals Commission of Florida et al.
   Appeal from Dist. Ct. App. Fla., 5th Dist. Further consideration of question of jurisdiction postponed to hearing of case on the merits.


text:
    No. 85-129.
    Wimberly v. Labor and Industrial Relations Commission of Missouri et al.
   Sup. Ct. Mo. Certiorari granted.


text:
    No. 85-1449.
    Town of Newton et al. v. Rumery.
   C. A. 1st Cir. Certiorari granted.


author: Justice Stevens,

text:
    No. 85-1277.
    School Board of Nassau County, Florida, et al. v. Arline.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted limited to Question 1 presented by the petition. In addition, the parties are requested to brief and argue the following question: “Whether one who is afflicted with the contagious, infectious disease of tuberculosis is precluded from being ‘otherwise qualified’ for the job of elementary-school teacher, within the meaning of § 504 of the Rehabilitation Act of 1973, 29 U. S. C. § 794?”

Justice Stevens,

dissenting.

The Court of Appeals remanded this case for further proceedings, and concluded its opinion as follows:

“In this case, the district court made no findings resolving the numerous factual disputes as to whether the risks entailed in retaining Arline in her elementary school position precluded her from having the necessary physical qualifications for the job, whether the same would be true if she were transferred to a position teaching less susceptible individuals, or whether the costs involved in accommodating her would place undue burdens on the school system. Rather, it simply concluded that the school board was exempt from any duty whatever to weigh the actual costs and risks involved in accommodating Arline because of an overriding ‘duty to the public it serves.’ Section 504 by its existence establishes that such a duty cannot be used to shield an entity from liability for making decisions which ‘arbitrarily deprive genuinely qualified handicapped persons of the opportunity to participate in a covered program.’ Southeastern Community College [v. Davis, 442 U. S. 397, 412 (1979)]. We therefore remand this case for further findings as to whether the risks of infection precluded Mrs. Arline from being ‘otherwise qualified’ for her job and if so whether it was possible to make some reasonable accommodation for her in that teaching position, in another position teaching less susceptible individuals, or in some other kind of position in the school system.” 772 F. 2d 759, 765 (CA11 1985) (footnotes omitted).

In my opinion, it is inappropriate for this Court to direct the parties to present argument on the “otherwise qualified” issue before the District Court has an opportunity to make the findings ordered by the Court of Appeals. It is especially inappropriate because petitioner did not seek review on that issue. Accordingly, I respectfully dissent.


text:
    No. 85-6461.
    Martin v. Ohio.
   Sup. Ct. Ohio. Motion of Ohio Public Defender Commission for leave to file a brief as amicus curiae granted. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to Question IV presented by the petition.


text:
    No. 85-834.
    Nixon, Administrator of the Estate of Nixon v. Bowen, Secretary of Health and Human Services.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-886.
    Bruno v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 85-917.
    Hollins et al. v. Powell et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-1010.
    Paschall et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-1065.
    Bartimo v. Horsemen’s Benevolent & Protective Assn. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1176.
    Cohen v. Commissioner of Internal Revenue.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-1191.
    Painters Local Union No. 164 of the Brotherhood of Painters, Decorators & Paperhangers of America et al. v. Epley, Individually and dba Epley Coatings et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1194.
    Jackson v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1197.
    Claiborne, United States District Judge v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1209.
    Kahlenberg v. Immigration and Naturalization Service.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1224.
    Kerkman v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-1266.
    Zimmerman et al. v. Handley, Administrator, Agricultural Marketing Service, Department of Agriculture, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-1278.
    Herrera-Vinegas v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1287.
    Board of Regents of the University of Oklahoma v. Equal Employment Opportunity Commission.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-1324.
    Washington State Nurses Assn. v. Washington State Hospital Commission et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1336.
    Walsh, Chief of Police of Orlando, Florida v. Central Florida Nuclear Freeze Campaign et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1393.
    Bell et al. v. Crawford County, Arkansas, et al.
   Sup. Ct. Ark. Certiorari denied.


text:
    No. 85-1395.
    National Steel Corp. v. Public Service Commission of West Virginia.
   Sup. Ct. App. W. Va. Certiorari denied.


text:
    No. 85-1396.
    Royster v. Board of Trustees of Anderson County School District No. 5 et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-1402.
    City of Corona et al. v. Superior Court of California for Riverside County (Ebel et al., Real Parties in Interest).
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 85-1408.
    Local 710, International Brotherhood of Teamsters v. McGinnis et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1419.
    Naegele Outdoor Advertising Company of Louisville, a Division of Naegele, Inc. v. Moulton et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-1420.
    Dixon v. City of Winston-Salem, North Carolina, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-1421.
    Terrain Enterprises, Inc. v. Western Casualty & Surety Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-1422.
    Sherman Treaters Ltd. v. Ahlbrandt.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 85-1424.
    Barge Ocean States v. Amoco Oil Co. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1426.
    Coakley & Williams, Inc. v. Shatterproof Glass Corp.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-1427.
    Peeples v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-1428.
    Native Village of Stevens v. Smith, Commissioner of Health and Human Services of Alaska, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1432.
    Davis v. City of Roswell, Georgia, et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 85-1438.
    Charlotte Memorial Hospital and Medical Center et al. v. Oliphant et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-1440.
    Spriggins et ux. v. First National Bank of Lea County et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-1444.
    Allen Group, Inc., et al. v. Fricke et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 85-1447.
    Cabriolet Porsche + Audi, Inc. v. American Honda Motor Co., Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-1450.
    Horton v. Miller Chemical Co., Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1451.
    Howard, dba Lafayette Components v. Continental Casualty Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1457.
    Caterpillar Tractor Co. v. Wheeler et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 85-1458.
    Peterson v. Kennedy et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1460.
    Vessichio v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 85-1462.
    Wallace v. Herron et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-1467.
    Hoffman v. Davidoff Extension, S. A.
   C. A. 11th Cir. Certiorari denied.