text:
    No. 87-79.
    McElvey v. Department of Transportation, Federal Aviation Administration; and McClain v. Department of Transportation, Federal Aviation Administration.
   C. A. Fed. Cir. Certiorari denied.


source: Caselaw Access Project

license: Public Domain

text:
    No. 87-87.
    Williams v. United States; and Sahs v. United States.
    No. 87-5107.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-103.
    Boulez v. Commissioner of Internal Revenue.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-104.
    Barnson et al. v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-119.
    Bolden v. Alston, Superintendent, Lincoln Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-142.
    South African Airways v. Dole, Secretary of Transportation.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-173.
    Massachusetts Medical Society et al. v. Dukakis et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-179.
    Tony Scott Trucking, Inc. v. National Labor Relations Board.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-193.
    Johnson v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-208.
    Mirrer v. Inham, Warden.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-231.
    Stover v. Journal Publishing Co. et al.
   Sup. Ct. N. M. Certiorari denied.


text:
    No. 87-241.
    Stobaugh v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 87-244.
    Matchett v. Wold.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-252.
    Hamilton et al. v. Morris County, Texas, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-258.
    Benevento et al. v. Mobil Oil Corp.
   Ct. App. Cal., 6th App. Dist. Certiorari denied.


text:
    No. 87-263.
    Michigan v. Johnson.
   Ct. App. Mich. Certiorari denied.


text:
    No. 87-264.
    Solis et al. v. Bay Area Rapid Transit District.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 87-266.
    Martelli v. Martelli et al.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 87-269.
    Darby et al. v. Florida.
   Dist. Ct. App. Fla., 5th Dist. Certiorari denied.


text:
    No. 87-274.
    Bunton et al. v. Nabisco Brands, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-277.
    Florida v. Eber et al.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 87-278.
    Raynovich v. Gregg et al.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 87-279.
    Ballinger v. North Carolina Agricultural Extension Service et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-280.
    Plummer v. Lederle Laboratories, a Division of American Cyanamid Co.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-287.
    Reed v. Karper.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 87-293.
    Gaines et al. v. Williams.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-296.
    Jones, Superintendent, Missouri Training Center for Men v. Garrett.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-298.
    Simpson v. United States; and Anderson v. United States.
    No. 87-5366.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-300.
    Carey Canada, Inc. v. Hinely et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 87-304.
    Leighton v. Beatrice Cos., Inc., et al.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 87-308.
    Trustees of the Office of Hawaiian Affairs v. Yamasaki, Director, Department of Transportation of Hawaii, et al.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 87-311.
    Unimills B. V. et al. v. Statistix Shipping, N. V., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-337.
    Amaris v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-350.
    Ciancaglini v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-355.
    McMillan v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-356.
    Colley v. National Bank of Texas et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-358.
    Barshov et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-360.
    Jimenez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-384.
    Belizaire v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-387.
    Heyden v. Schoenfeld et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-401.
    Grimes v. Bowen, Secretary of Health and Human Services.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5103.
    Hernandez-Lopez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5161.
    Watson v. Butler, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5173.
    Wayno v. Bob Steele Chevrolet, Inc., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5194.
    Cully v. Cutlip et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5195.
    Cully v. Lutheran Medical Center.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5223.
    Chester v. St. Louis Housing Authority.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5234.
    Banks v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-5241.
    Fletcher v. Hood et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5246.
    Leffler v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5247.
    Masters et ux. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5267.
    Puzzanghera v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-5284.
    McDonald v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5288.
    Stewart v. Chrans.
   C. A. 7th Cir. Certiorari denied.

Reported below: 822 F. 2d 1090.


text:
    No. 87-5292.
    Roberts v. Sargent.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5294.
    Chisholm v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5296.
    Chamorro, aka Hernandez v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-5299.
    Boyer v. Oswego County Board of Cooperative Educational Services.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5300.
    Tilli v. Spaziani et al.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 87-5301.
    Stephens v. Missouri.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 87-5307.
    Johnson v. Dixon, Judge, District Court of Oklahoma County, Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 87-5310.
    Troche v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5312.
    Chambers v. Armstrong Blum Manufacturing Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5313.
    Zulu, aka Robinson v. Butler, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5314.
    Harris v. Virginia.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5318.
    Haddix v. City of Dayton, Ohio, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5322.
    Quinn v. New Jersey.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5325.
    Zeno v. Blackburn, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5328.
    Lindh v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5331.
    Figueroa v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5332.
    Bentley v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5333.
    Duncan v. Alabama.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5334.
    Smith v. Fairman, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5336.
    Wilson v. Foti, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5337.
    Bennett v. Government of The Virgin Islands.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5338.
    Chrappa v. Kemp, Superintendent, Adult Diagnostic and Treatment Center, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5340.
    Prophet v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5341.
    Munoz v. Wyoming.
   Dist. Ct. Freemont County, Wyo. Certiorari denied.


text:
    No. 87-5343.
    Doe v. Appeals Court of Massachusetts.
   App. Ct. Mass. Certiorari denied.


text:
    No. 87-5345.
    Behr v. Towne Associates et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5346.
    Brookter v. United States et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5347.
    Payne v. Bowen, Secretary of Health and Human Services.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5348.
    Pleban v. Jones, Superintendent, Great Meadow Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5349.
    Murray v. Plaut, Administrator, Maximum Security Facility, Lorton, Virginia.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-5352.
    Ali v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5370.
    Evans v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 87-5384.
    Green v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5392.
    Powell v. Daltuva et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5405.
    McEvoy v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5406.
    Hill v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5415.
    Vandesteeg et al. v. United States; and Valdez v. United States.
    No. 87-5422.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5416.
    Diana v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5421.
    Battle v. United States Parole Commission et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5426.
    Schastok v. Time Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5429.
    Fryberger v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5430.
    Apodaca v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5438.
    Tinder v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5455.
    Smith v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5457.
    Swiatek v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5459.
    Rovetuso v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5467.
    Falaq v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 87-5476.
    Dempewolf v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5483.
    Dame v. Muncy, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


author: Justice White,

text:
    No. 86-6884.
    Welch v. Smith, Superintendent, Attica Correctional Facility, et al. Miller v. Simmons et al.
    No. 86-7132.
   C. A. 2d Cir.; and

C. A. 4th Cir. Certiorari denied.

Justice White,

with whom Justice Blackmun joins,

dissenting.

The issue here is whether an order denying a civil rights plaintiff’s motion for appointment of counsel is immediately appeal-able under 28 U. S. C. § 1291, as interpreted by Cohen v. Beneficial Industrial Loan Co., 337 U. S. 541 (1949), and its progeny. In both of these cases petitioners brought their actions under 42 U. S. C. § 1983, and sought appointment of counsel under 28 U. S. C. § 1915(d). The District Courts denied those motions and petitioners appealed. In Welch v. Smith, although stating that if the question were before the court “as one of first impression, we would find it of considerable intricacy, in light of the weighty competing interests involved and the varying resolutions of our sister circuits,” 810 F. 2d 40, 41 (1987), a panel of the Second Circuit held that the denial was not immediately appealable under its earlier decision in Miller v. Pleasure, 425 F. 2d 1205, cert. denied, 400 U. S. 880 (1970), which itself had overruled an even earlier decision concluding the opposite, Miller v. Pleasure, 296 F. 2d 283 (1961), cert. denied, 370 U. S. 964 (1962). The position of the Second and Fourth Circuits, which is consistent with that of a number of the Circuits, conflicts with the position of two other Circuits. Jackson v. Dallas Police Dept., 811 F. 2d 260 (CA5 1986) (per curiam); Slaughter v. Maplewood, 731 F. 2d 587 (CA8 1984). The confusion in this area is further exemplified by the Ninth Circuit’s position that civil rights plaintiffs proceeding under Title VII of the Civil Rights Act of 1964 may immediately appeal a denial of their motion for appointment of counsel, while those proceeding under § 1983 may not. Compare Wilborn v. Escalderon, 789 F. 2d 1328 (1986), with Bradshaw v. Zoological Society of San Diego, 662 F. 2d 1301 (1981). I have previously dissented from denial of certiorari in a case raising this question in the context of suits filed under Title VII and § 1983, Henry v. Detroit Manpower Dept., 474 U. S. 1036 (1985). The continued split amongst the Circuits on this issue warrants our granting certiorari.


text:
    No. 86-6914.
    Moore v. Georgia.
   Ct. App. Ga. Certiorari denied.

Justice White,

dissenting.

In Scott v. Illinois, 440 U. S. 367 (1979), this Court held that an uncounseled misdemeanor conviction is constitutionally valid if the offender is not incarcerated. The following Term, however, in Baldasar v. Illinois, 446 U. S. 222 (1980) (per curiam), this Court held that such a conviction may not be used under an enhanced penalty statute to convert a subsequent misdemeanor conviction into a felony with a prison term.

Here, petitioner was convicted and sentenced to a prison term under Ga. Code Ann. §40-6-391(C) (Supp. 1987) which imposes a mandatory minimum sentence on a person convicted of driving under the influence of alcohol, where such person has at least two prior convictions for the same offense. Petitioner argued that Baldasar prohibited her conviction under § 40-6-391(C), because this conviction relied upon her two prior, uncounseled convictions for driving under the influence. The Court of Appeals of Georgia rejected this contention, and determined that Baldasar was inapplicable here because §40-6-391(C) merely imposes a minimum prison term based on petitioner’s prior convictions, and does not “increas[e] the maximum confinement authorized [or] eonver[t] a misdemeanor offense into a felony.” 181 Ga. App. 548, 549, 352 S. E. 2d 821, 822 (1987) (emphasis added).

Possibly because this Court was sharply divided in Baldasar, with no opinion for reversal gaining more than three votes, courts attempting to apply that decision have come to different conclusions concerning its meaning. See Schindler v. Clerk of Circuit Court, 715 F. 2d 341, 344 (CA7 1983) (“In light of . . . the failure of the Baldasar majority to agree upon a rationale for its result, the scope of the decision remains unclear”), cert denied, 465 U. S. 1068 (1984). Some courts have applied Baldasar as the Georgia court did here, and have allowed the use of prior, uncounseled convictions in cases quite similar to this one. E. g., Commonwealth v. Thomas, 510 Pa. 106, 112-114, 507 A. 2d 57, 60-61 (1986); State v. Orr, 375 N. W. 2d 171, 175-176 (N. D. 1985). Others, however, have read Baldasar more broadly, and have disallowed the use of prior, uncounseled convictions in prosecutions akin to petitioner’s. E. g., State v. Oehm, 9 Kan. App. 2d 399, 401-403, 680 P. 2d 309, 311-312 (1984); State v. Dowd, 478 A. 2d 671, 677-678 (Me. 1984).

Because the confusion over Baldasar’s holding has led to uneven application of that case and conflicting decisions in the courts below, I would grant certiorari here to answer the outstanding questions concerning Baldasar’s scope and proper application.


author: Justice Brennan and Justice Marshall,

text:
    No. 86-7162.
    Joubert v. Nebraska. Hall v. Dugger, Secretary, Florida Department of Corrections, et al. Horton v. Georgia. Gardner v. Texas. Duren v. Alabama.
    No. 87-5048.
    No. 87-5082.
    No. 87-5083.
    No. 87-5360.
   Sup. Ct. Neb.;

C. A. 11th Cir.;

Sup. Ct. Ga.;

Ct. Crim. App. Tex.; and

Sup. Ct. Ala. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-32.
    Morey et ux. v. Barrington Press, Inc.
   C. A. 7th Cir. Certiorari denied.

Justice White,

with whom Justice Brennan joins,

dissenting.

In White v. New Hampshire Dept. of Employment Security, 455 U. S. 445, 451 (1982), we held that a claim “for attorney’s fees under 42 U. S. C. § 1988 raises legal issues collateral to the main cause of action,” and that such a request was not a motion to alter or amend a judgment under Federal Rule of Civil Procedure 59(e). In the years that have followed, we have not determined if White’s holding applies only to fee requests under a separate statutory provision like §1988, or if it also renders “collateral” those fee requests made in cases where the fee award arises as an integral part of the underlying dispute between the parties.

Consequently, several questions concerning the finality (and, as a result, the appealability) of judgments encompassing fee awards in cases of the latter type have been the subject of confusion in the Courts of Appeals. This case raises such a question. Here, respondent prevailed in its action seeking judgment on four promissory notes executed by petitioners. The District Court awarded respondent principal and interest “plus reasonable attorney’s fees incurred” by respondent. App to Pet. for Cert. D-7. The District Court did not fix an amount for the attorney’s fees at that time. The Court of Appeals affirmed the judgment below; it mentioned, but did not specifically review, the District Court’s award of attorney’s fees. 752 F. 2d 307, 308 (CA7 1985). On respondent’s subsequent petition for fees, however, the District Court entertained petitioners’ Illinois law challenge to the fee award, and determined that Illinois law prohibited a fee award in this case. 635 F. Supp. 1257 (ND Ill. 1986). The Court of Appeals reversed this decision, finding that “reservation of the determination of the amount of attorney’s fees does not deprive the initial [district court] judgment of finality,” and therefore the District Court could not reconsider respondent’s entitlement to fees in its second decision. 816 F. 2d 341, 342 (CA7 1987).

The Courts of Appeals are sharply divided over the question presented here: whether an award of attorney’s fees, when it arises out of a claimant’s underlying cause of action, is final before that award is quantified. See Beckwith Machinery Co. v. Travelers Indem nity Co., 815 F. 2d 286, 288-289 (CA3 1987) (canvassing the Courts of Appeals decisions). Four Circuits have held that an attorney’s fee award, when that award is not won in a collateral proceeding (such as a § 1988 action), is not final until the amount of the award is quantified. Beckwith Machinery Co., supra, at 290; F. H. Krear & Co. v. Nineteen Named Trustees, 776 F. 2d 1563, 1564 (CA2 1985); Todd Shipyards Corp. v. Auto Transportation, S. A., 763 F. 2d 745, 751 (CA5 1985); Fort v. Roadway Express, Inc., 746 F. 2d 744, 747 (CA11 1984). Two other Courts of Appeals have taken the approach applied by the Seventh Circuit here, according finality to all attorney’s fees awards prior to their quantification. Budinich v. Becton Dickinson & Co., 807 F. 2d 155, 157-158 (CA10 1986); Morgan v. Union Metal Mfg., 757 F. 2d 792, 794-796 (CA6 1985). At least one other Court of Appeals has recognized the split, but has declined to take a position. Crossman v. Maccoccio, 792 F. 2d 1, 3 (CA1 1986) (per curiam).

Because the Courts of Appeals have divided in their attempt to apply the principles of our decision in White, I would grant certiorari in this case to resolve the conflict and answer the question presented here.


text:
    No. 87-129.
    St. Louis Southwestern Railway Co. v. Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station Employees.
   C. A. 5th Cir. Certiorari denied.

Justice White,

with whom Justice Brennan joins,

dissenting.

This case presents the question whether under the Railway Labor Act an arbitrator exceeds the scope of his or her jurisdiction by awarding, without explicit authorization in the collective-bargaining agreement, pure penalty pay. See 45 U. S. C. § 153, First (q). “Pure penalty pay” is a monetary penalty assessed for breach of the collective-bargaining agreement when there is no showing of compensatory loss from the breach. In the present case, the arbitrator found that petitioner violated the collective-bargaining agreement by contracting out work to nonunion members. The arbitrator also found that the named union employees failed to prove damages to support a compensatory award and that no provision of the agreement explicitly authorized the award of penalty pay but that penalty pay was supported by past practices in the railroad industry and of these parties. The District Court affirmed this award of pure penalty pay and the Fifth Circuit affirmed that decision in an unpublished memorandum. Judgt. order reported at 820 F. 2d 1222 (1987). This case conflicts with Norfolk & Western R. Co. v. Brotherhood of Railway, Airline & Steamship Clerks, 657 F. 2d 596 (CA4 1981), which held that pure penalty pay cannot be awarded, absent explicit contractual authorization. I would grant certiorari to resolve the conflict in the Courts of Appeals over this important question of federal law, particularly since these rulings could easily result in the same collective-bargaining contract, or identical ones, being interpreted in different ways in different circuits.


text:
    No. 87-256.
    Christensen et al. v. Kiewit-Murdock Investment Corp. et al.
   C. A. 2d Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 87-261.
    Pacific Gas & Electric Co. v. Tellez.
   C. A. 9th Cir. Motion of California Employment Law Council et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 87-284.
    Texas v. Broadway.
   Ct. Crim. App. Tex. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-5409.
    Martin v. Pennsylvania State Real Estate Commission et al.
   C. A. 3d Cir. Certiorari denied.

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


text:
    October 14, 1987
    No. A-288.
    Dugger, Secretary, Florida Department of Corrections, et al. v. Daugherty.
   Application of the Attorney General of Florida for an order to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eleventh Circuit, presented to Justice O’Connor, and by her referred to the Court, denied.


text:
    October 19, 1987
    No. 87-307.
    Kondor v. Pennsylvania.
   Appeal from Super. Ct. Pa. dismissed for want of substantial federal question.


text:
    No. 87-314.
    Quality Markets, Inc. v. Pennsylvania.
   Appeal from Sup. Ct. Pa. dismissed for want of substantial federal question.


text:
    No. 87-345.
    In re Asam.
   Appeal from C. A. 11th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari and the petition for writ of mandamus denied.


text:
    No. 87-390.
    In re Asam.
   Appeal from C. A. 11th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari and the petition for writ of mandamus denied.


text:
    No. 87-398.
    Russ Building Partnership v. City and County of San Francisco et al.
   Appeal from Ct. App. Cal., 1st App. Dist., dismissed for want of jurisdiction.


text:
    No. 87-5378.
    Andregg v. Pacific Telephone & Telegraph Co. et al.
   Appeal from Ct. App. Cal., 3d App. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-5439.
    Dehnhoff v. Vinyard et al.
   Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-146.
    Smith Barney, Harris Upham & Co., Inc., et al. v. Adrian et ux.
   C. A. 11th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Shearson/American Express Inc. v. McMahon, 482 U. S. 220 (1987).


text:
    No. 87-169.
    Scully et al. v. Fromer.
   C. A. 2d Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of O’Lone v. Estate of Shabazz, 482 U. S. 342 (1987), and Turner v. Safley, 482 U. S. 78 (1987).


text:
    No. A-265.
    Lorenzini et ux. v. New Jersey et al.
   Super. Ct. N. J., App. Div. Application for stay, addressed to Justice O’Connor and referred to the Court, denied.


text:
    No. A-270 (87-544).
    Coombe, Superintendent, Eastern Correctional Facility v. Escalera.
   C. A. 2d Cir. Application of Robert Escalera for bail, presented to Justice Marshall, and by him referred to the Court, denied.


text:
    No. A-284.
    Rosenthal v. State Bar of California.
   Sup. Ct. Cal. Application for stay and other relief, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. D-651.
    In re Disbarment of Rigolosi,
   483 U. S. 1051. Motion to defer filing a response to the rule to show cause denied.


text:
    No. 105, Orig.
    Kansas v. Colorado.
   It is ordered that Arthur L. Littleworth, Esq., of Riverside, Cal., be appointed Special Master in place of the Honorable Wade H. McCree, Jr., deceased.

The Special Master shall have authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit such reports as he may deem appropriate.

The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. [For earlier order herein, see, e. g., 478 U. S. 1018.]


text:
    No. 86-181.
    Dixon v. Westinghouse Electric Corp.
   C. A. 4th Cir. Motion of the Solicitor General for leave to file a supplemental brief as amicus curiae granted.


text:
    No. 86-728.
    Honig, California Superintendent of Public Instruction v. Doe et al.
   C. A. 9th Cir. [Certiorari granted, 479 U. S. 1084.] Motion of the Solicitor General to permit Glen D. Nager, Esq., to present oral argument pro hac vice granted.


text:
    No. 86-1512.
    Pierce, Secretary of Housing and Urban Development v. Underwood et al.
   C. A. 9th Cir. [Certiorari granted, 481 U. S. 1047.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 86-1602.
    United Savings Association of Texas v. Timbers of Inwood Forest Associates, Ltd.
   C. A. 5th Cir. [Certiorari granted, 481 U. S. 1068.] Motion of Global Marine, Inc., for leave to participate in oral argument as amicus curiae, for divided argument, and for additional time for oral argument denied.


text:
    No. 86-1650.
    Trans World Airlines, Inc. v. Independent Federation of Flight Attendants.
   C. A. 8th Cir. [Certiorari granted, 482 U. S. 913.] Motion of American Federation of Labor and Congress of Industrial Organizations et al. for leave to file a brief as amici curiae granted.


text:
    No. 87-376.
    Los Angeles Memorial Coliseum Commission v. National Basketball Assn. et al.
   C. A. 9th Cir. Motion of the parties to defer consideration of the petition for writ of certiorari granted.


text:
    No. 87-5374.
    In re Ross.
   Petition for writ of mandamus denied.


text:
    No. 87-5381.
    In re Clark.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 87-5391.
    In re Fahntrapp.
   Petition for writ of prohibition denied.


text:
    No. 87-82.
    Federal Deposit Insurance Corporation v. Mallen et al.
   Appeal from D. C. N. D. Iowa. Probable jurisdiction noted.


text:
    No. 87-328.
    Riley, District Attorney of the Tenth Prosecutorial District of North Carolina, et al. v. National Federation of the Blind of North Carolina, Inc., et al.
   Appeal from C. A. 4th Cir. Probable jurisdiction noted.


text:
    No. 87-352.
    Sun Oil Co. v. Wortman et al.
   Sup. Ct. Kan. Certiorari granted.


text:
    No. 87-5096.
    West v. Atkins.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 87-5277.
    Amadeo v. Kemp, Warden.
   C. A. 11th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 86-1935.
    Mason v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 86-2018.
    Turchi v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-2030.
    Andrzjewski et al. v. Horner, Director, Office of Personnel Management.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-6987.
    Campos et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-7001.
    Tobias v. Fairman, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-7045.
    Brown v. J. I. Case Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-7046.
    Jordan v. Manzie et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-7085.
    Robertson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-7115.
    Lewis v. Kerby, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-7141.
    Legare v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 87-19.
    Watts v. Office of Personnel Management.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-70.
    Williams v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-147.
    Madrid-Palacios v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-215.
    Cintolo v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-217.
    Cook et al. v. Pan American World Airways, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-226.
    Beauford v. Sisters of Mercy, Province of Detroit, Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-270.
    Dutton, Warden v. Johnson.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-272.
    Endicott Enterprises, Inc. v. United Brotherhood of Carpenters & Joiners of America, AFL-CIO, Local 2247, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-309.
    Ritter v. Mount St. Mary’s College.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-319.
    Abrahams et al. v. Shulman, Derivatively on Behalf of Central Jersey Industries, Inc., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-320.
    Patterson v. Aiken et al.; and Patterson v. Flint et al.
   Ct. App. Ga. Certiorari denied.


text:
    No. 87-325.
    Winslowet-Alps v. Edmonstone.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-327.
    Wheeler v. Arave.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-331.
    Deaver v. Cable News Network, Inc., et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-334.
    Adrian et ux. v. Smith Barney, Harris Upham & Co., Inc., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-338.
    Evich et al. v. Morris, Personal Representative of the Estate of Connelly, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-344.
    Dresser Industries, Inc. v. Hughes Tool Co.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-349.
    Northrop Corp. v. Triad International Marketing, S. A., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-353.
    Arnold v. South Carolina Public Service Authority.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 87-362.
    Hyslip v. Sloan, Mayor of Village of Alfred, et al.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 87-406.
    Gracey v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-422.
    Judson v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-426.
    Stefanopoulos v. United States et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-440.
    Huger v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-449.
    Alvis v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-463.
    Mehra et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5122.
    White v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5199.
    Spencer v. Pennsylvania Unemployment Compensation Board of Review.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 87-5212.
    Abraham v. White, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5356.
    Boyer v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 87-5357.
    Young v. Rabideau et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5361.
    Gray v. PEPCO et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-5371.
    Martin v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.

Reported below: 150 111. App. 3d 1160, 514 N. E. 2d 1241.


text:
    No. 87-5373.
    Hunter v. Evans et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5375.
    Battle v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5376.
    Perez v. Sullivan, Superintendent, Sing Sing Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5377.
    Mahdavi v. Thelen, Marrin, Johnson & Bridges et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5379.
    Kochel v. Kochel.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5380.
    Rhone v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 87-5383.
    Kurtz v. Kurtz.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 87-5385.
    Mustard v. Texas.
   Ct. App. Tex., 5th Dist. Certiorari denied.


text:
    No. 87-5387.
    Wall v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 87-5390.
    Roberts v. Peterson, Superintendent, Oregon State Correctional Institute.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5393.
    Williams v. Lensing et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5394.
    Owens v. Fulcomer.
   C. A. 3d Cir, Certiorari denied.


text:
    No. 87-5396.
    Felton v. Dixon et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5398.
    Adams v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5399.
    Simmons v. Rutherford, Crockett & DeMarco et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5400.
    Ford v. Bunnell, Superintendent, California Correctional Institution.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 87-5442.
    Austin v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 87-5450.
    Freeman v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5452.
    Solek v. New Jersey Department of Public Advocate et al.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 87-5488.
    Collins v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5495.
    Hok Ho Kwan v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5496.
    Richardson v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-5498.
    Zumbado v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-1796.
    Sequoia Books, Inc. v. Illinois.
   App. Ct. 111., 2d Dist. Certiorari denied.

Justice Brennan and Justice Marshall would grant the petition for writ of certiorari and reverse the judgment.


text:
    No. 86-1987.
    Sequoia Books, Inc. v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.

Justice Brennan and Justice Marshall would grant the petition for writ of certiorari and reverse the judgment of conviction.


text:
    No. 87-134.
    United States v. Shonde.
   C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.

Justice Blackmun would grant certiorari.


text:
    No. 87-305.
    Cone v. Florida Bar et al.
   C. A. 11th Cir.

Motion of Ohio State Bar Association for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 87-326.
    G. D. Searle & Co. v. Simon et al.
   C. A. 8th Cir. Motions of Defense Research Institute and Trial Lawyers Association, Chamber of Commerce of the United States, Pharmaceutical Manufacturers Association, American Corporate Counsel Association, and American Insurance Association for leave to file briefs as amici curiae granted. Certiorari denied.

Justice Blackmun and Justice O’Connor would grant certiorari.


text:
    No. 87-357.
    Arkansas v. Pickens.
   Sup. Ct. Ark. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-359.
    City of New York et al. v. Eastway Construction Corp. et al.
   C. A. 2d Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 87-5327.
    Robbins v. North Carolina. Watkins v. Alabama. Coleman v. Bass, Warden.
    No. 87-5364.
    No. 87-5448.
   Sup. Ct. N. C.;

Sup. Ct. Ala.; and

Sup. Ct. Va. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    October 30, 1987
    No. A-334 (87-5699).
    Jones v. Butler, Warden.
   Sup. Ct. La. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.


text:
    November 2, 1987
    No. 87-230.
    Bowen, Secretary of Health and Human Services v. Jordan et al.
   Appeal from D. C. W. D. Okla. dismissed for want of jurisdiction.


text:
    No. 87-411.
    Casillas et al. v. Texas.
   Appeal from Ct. Crim. App. Tex. dismissed for want of substantial federal question.


text:
    No. 87-439.
    Encalade et al. v. Louisiana.
   Appeal from Ct. App. La., 4th Cir., dismissed for want of substantial federal question.


text:
    No. 87-414.
    Polyak v. Boston et al.
   Appeal from C. A. 6th 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. 87-5523.
    DeNardo v. Alaska.
   Appeal from Sup. Ct. Alaska dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-5231.
    Malone v. United States.
   C. A. 5th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to the first question presented, judgment vacated, and case remanded for further consideration in light of the position presently asserted by the Solicitor General in his brief filed October 5, 1987. The Chief Justice dissents.


text:
    No.---.
    Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission.
   Motion for leave to dispense with printing portions of the appendix to the petition for writ of certiorari denied.

Justice Blackmun, Justice Stevens, and Justice O’Connor would grant the motion. Justice Scalia took no part in the consideration or decision of this motion.


text:
    No.---.
    Greene v. Friend of the Court, Polk County, Iowa, et al.
   Motion to direct the Clerk to file a petition for writ of certiorari which does not comply with the Rules of this Court denied.


text:
    No.---.
    Miller v. California.
   Motion to direct the Clerk to file the petition for writ of certiorari denied.


text:
    No. A-272 (87-535).
    DeBock v. Florida.
   Sup. Ct. Fla. Application to continue stay of proceedings, addressed to The Chief Justice and referred to the Court, denied.


text:
    No. A-289.
    Gilbert et al. v. Superior Court of California, Tulare County, et al.
   Application for stay, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. D-642.
    In re Disbarment of Palomo.
   Disbarment entered. [For earlier order herein, see 482 U. S. 911.]


text:
    No. D-648.
    In re Disbarment of Monoker.
   Disbarment entered. [For earlier order herein, see 488 U. S. 1040.]


text:
    No. D-649.
    In re Disbarment of Filsoof.
   Fred F. Filsoof, of Atlanta, Ga., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on July 29, 1987 [488 U. S. 1040], is hereby discharged.


text:
    No. D-659.
    In re Disbarment of Shirley.
   It is ordered that George P. Shirley, of Pebble Beach, 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. 9, Orig.
    United States v. Louisiana et al.
   Motion of Alaska for leave to participate in oral argument as amicus curiae and for divided argument denied.

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

[For earlier order herein, see, e. g., ante, p. 892.]


text:
    No. 94, Orig.
    South Carolina v. Baker, Secretary of the Treasury.
   It is ordered that the Honorable Matthew J. Jasen, retired, of Buffalo, N. Y., be appointed Special Master in place of the Honorable Samuel J. Roberts, deceased.

The Special Master shall have authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit such reports as he may deem appropriate.

The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. [For earlier order herein, see, e. g., ante, p. 892.]


text:
    No. 104, Orig.
    New Jersey v. Nevada et al.
   It is ordered that Ralph I. Lancaster, Jr., Esq., of Portland, Me., be appointed Special Master in place of the Honorable Wade H. McCree, Jr., deceased.

The Special Master shall have authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit such reports as he may deem appropriate.

The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. [For earlier order herein, see, e. g., 474 U. S. 1045.]


text:
    No. 86-1357.
    United States Department of Justice et al. v. Julian et al.
   C. A. 9th Cir. [Certiorari granted, 482 U. S. 926.] Motion of respondent Margaret J. Wallace for leave to proceed further herein in forma pauperis granted.


text:
    No. 86-1552.
    Department of the Navy v. Egan.
   C. A. Fed. Cir. [Certiorari granted, 481 U. S. 1068.] Motion of Ralph B. Bogdanowicz for leave to participate in oral argument as amicus curiae, for divided argument, and for additional time for oral argument denied.


text:
    No. 86-1715.
    Federal Labor Relations Authority v. Aberdeen Proving Ground, Department of the Army.
   C. A. 4th Cir. [Certiorari granted, ante, p. 813.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 86-1753.
    Doe v. United States.
   C. A. 5th Cir. [Certiorari granted, ante, p. 813.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 86-1781.
    Schweiker et al. v. Chilicky et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 814.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 86-6124.
    Bennett v. Arkansas.
   Sup. Ct. Ark. [Certiorari granted, ante, p. 895.] Motion for appointment of counsel granted, and it is ordered that Thomas M. Carpenter, Esq., of Little Rock, Ark., be appointed to serve as counsel for petitioner in this case.


text:
    No. 87-4.
    Wheat v. United States.
   C. A. 9th Cir. [Certiorari granted, ante, p. 814.] Motion of petitioner to dispense with printing the joint appendix denied.


text:
    No. 87-251.
    Bowen, Secretary of Health and Human Services v. Russell.
   C. A. 3d Cir. Motion of respondent for leave to proceed in forma pauperis granted.


text:
    No. 87-382.
    State Tax Commission of the State of New York et al. v. Herzog Brothers Trucking, Inc., aka Herzog Brothers, Inc., et al.
   Ct. App. N. Y. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 87-5411.
    In re Shibuya.
   Motion of petitioner for leave to proceed informa pauperis denied. Petitioner is allowed until November 23, 1987, 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 mandamus without reaching the merits of the motion to proceed in forma pauperis.


text:
    No. 87-5425.
    Roberts v. Roberts.
   App. Ct. Ill., 3d Dist. Motion of petitioner for leave to proceed informa pauperis denied. Petitioner is allowed until November 23, 1987, 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. 87-5436.
    Jones v. Farm Credit Administration.
   C. A. 8th Cir. Motion of petitioner for leave to proceed informa pauperis denied. Petitioner is allowed until November 23, 1987, 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. 87-5571.
    In re Brown.
   Petition for writ of habeas corpus denied.


text:
    No. 87-405.
    In re Yee; and In re Orchard.
    No. 87-5555.
   Petitions for writs of mandamus denied.


text:
    No. 87-267.
    D. H. Holmes Co., Ltd. v. McNamara, Secretary of Revenue and Taxation of Louisiana.
   Appeal from Ct. App. La., 4th Cir. Probable jurisdiction noted.


text:
    No. 87-367.
    Bendix Autolite Corp. v. Midwesco Enterprises, Inc., et al.
   Appeal from C. A. 6th Cir. Probable jurisdiction noted.


text:
    No. 87-399.
    Supreme Court of Virginia et al. v. Friedman.
   Appeal from C. A. 4th Cir. Probable jurisdiction noted.


text:
    No. 87-5461.
    Henson v. East Lincoln Township et al.
   C. A. 7th Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted.


text:
    No. 86-2053.
    Pertuit et ux. v. American Bank.
   Ct. App. La., 5th Cir. Certiorari denied.


text:
    No. 86-6954.
    Marsh v. City of Marysville.
   Ct. App. Ohio, Union County. Certiorari denied.


text:
    No. 86-7011.
    Collins v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 86-7025.
    Earnest v. New Mexico.
   Sup. Ct. N. M. Certiorari denied.


text:
    No. 86-7060.
    Pickens v. Butler, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-7071.
    Kehoe v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-7078.
    Ames v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 87-69.
    Sacilor, Acieries et Laminoirs de Lorraine et al. v. United States et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-92.
    ANR Gasification Properties Co. v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-98.
    Brown et ux. v. Commissioner of Internal Revenue.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-116.
    Ochoa v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-144.
    Board of Education of the Polaris Joint Vocational School District et al. v. Tye.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-145.
    Bishop v. Nebraska.
   Sup. Ct. Neb. Certiorari denied.


text:
    No. 87-153.
    Mr. W. Fireworks, Inc. v. Brock, Secretary of Labor.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-176.
    White et al. v. Elrod, Sheriff of Cook County, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-180.
    Schinmann et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-186.
    Molded Acoustical Products, Inc. v. National Labor Relations Board et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-204.
    Explosives Corporation of America et al. v. Garlam Enterprises Corp. et al.; and Garlam Enterprises Corp. v. Explosives Corporation of America et al.
    No. 87-332.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-212.
    Amateyus Ltd., dba Volk & Huxley, et al. v. National Labor Relations Board.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-225.
    Wilcox v. Ford, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-245.
    Bowen, Secretary of Health and Human Services v. Jordan et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-247.
    Armstrong v. Corn Belt Bank; and Corn Belt Bank v. Armstrong.
    No. 87-432.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-249.
    Handy v. National Security Agency et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-262.
    Stanton v. United States District Court for the District of Columbia.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-282.
    South Bend Community School Corp. et al. v. Britton et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-286.
    U. S. Telecom, Inc., fka U. S. Telephone, Inc., et al. v. Speakers of Sport, Inc.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-365.
    Brian Clewer, Inc. v. Pan American World Airways, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-369.
    O’Donnell v. Local 165, International Brotherhood of Electrical Workers, AFL-CIO.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-378.
    Newton B. Schwartz, P. C., et al. v. Dean.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-379.
    Kruzelock v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 87-383.
    Fort Wayne Mortgage Co. v. Wood.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-385.
    Paul, aka Perez v. Watchtower Bible & Tract Society of New York, Inc.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-386.
    Lister v. North American Rockwell, Autonetics.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-392.
    Corrigan, Guardian of Corrigan v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-393.
    Central States, Southeast & Southwest Areas Pension Fund et al. v. Central Transport, Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-396.
    Illinois State Board of Education et al. v. Board of Education of City of Peoria, School District No. 150.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 87-402.
    International Association of Machinists & Aerospace Workers, AFL-CIO, et al. v. Alaska Airlines, Inc.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-408.
    Striplin v. Kansas.
   Ct. App. Kan. Certiorari denied.


text:
    No. 87-409.
    Budinsky, tdba Colpat Mine v. Pennsylvania Department of Environmental Resources et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-410.
    Mexicana Airlines v. Wolgel et ux.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-418.
    McArdle v. E. R. Squibb & Sons, Inc.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-419.
    1111 19th Street Associates v. District of Columbia.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-420.
    Blumenthal v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 87-423.
    Garratt et al. v. INVST Financial Group, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-424.
    Gainey v. Gilman Paper Co., Inc., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-427.
    Earhart v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 87-428.
    Edgerton v. Office of Personnel Management.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-429.
    Adolf, Judge, Circuit Court of City of St. Louis v. Wichita Falls General Hospital.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 87-430.
    Rojicek v. Cooley et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-433.
    Vence et al. v. Bolivar County Community Action Program, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-434.
    Connecticut v. Mitchell et al.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 87-435.
    Haight v. California.
   App. Dept., Super. Ct. Cal., County of Santa Cruz. Certiorari denied.


text:
    No. 87-444.
    Smegal et al. v. Gateway Foods of Minneapolis, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-457.
    Dunster et al. v. Metropolitan Dade County et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-467.
    Pennsylvania v. Nelson.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 87-471.
    Heilgeist v. Supreme Court of Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 87-473.
    Genina Marine Services, Inc. v. Mobil Oil Exploration & Production Southeast, Inc.
   Ct. App. La., 1st Cir. Certiorari denied.


text:
    No. 87-475.
    Rodnite et ux. v. Graham, Governor of Florida, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-479.
    Energy Cooperative, Inc., by Steinberg, Trustee v. Phillips Petroleum Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-493.
    Sato v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-500.
    Stephens v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-501.
    Lennon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-503.
    Ganoe et al. v. Lummis, Temporary Administrator of the Estate of Hughes, et al.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 87-511.
    Vaccaro v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-528.
    LaChance v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-534.
    Moates v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-536.
    Jerry v. UAW, Local 735, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5031.
    Prows v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5046.
    Medina v. California.
   Ct. App. Cal., 5th Certiorari denied.


text:
    No. 87-5057.
    Varona-Algos v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5064.
    Trujillo v. Sullivan, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5095.
    Shepard v. Lane, Director, Illinois Department of Corrections, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5134.
    Williams v. Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 87-5156.
    Carmona v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5182.
    Joseph v. Butler, Warden.
   Sup. Ct. La. Certiorari denied.


text:
    No. 87-5206.
    Kunkel v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 87-5283.
    Jarman v. United States Department of Commerce et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5329.
    Cabrera v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 87-5330.
    Coles v. Bowen, Secretary of Health and Human Services.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-5403.
    Lewis v. Sheriff’s Department for the City of St. Louis et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5404.
    Gordon v. Young, Mayor.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5410.
    Robinson v. Rose, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5412.
    Moore v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 87-5417.
    Lee v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 87-5420.
    Childs v. Hehman, Clerk, United States Court of Appeals for the Sixth Circuit, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5423.
    Hulsey v. Sargent, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5424.
    Pacchetti v. Missouri.
   Ct. App. Mo., Southern Dist. Certiorari denied.


text:
    No. 87-5437.
    Wooden v. Martin.
   Ct. App. Tenn. Certiorari denied.


text:
    No. 87-5441.
    Luttrell et al. v. Martinez, Governor of Florida, et al.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 87-5443.
    Emanuel v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5444.
    Boatwright v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5446.
    Henriksen v. Henriksen.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 87-5447.
    Wright v. Virginia State Bar.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 87-5456.
    Pedraza v. Heard et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5460.
    Carter v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-5462.
    Burse v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 87-5463.
    Brown v. Parker, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5464.
    Brown v. Newsome, Superintendent, Georgia State Prison, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5465.
    Hart v. Hedrick.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5466.
    LeGrand v. Scully, Superintendent, Green Haven Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5471.
    Green v. Meachum et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5473.
    El-Mumit v. Fogg, Judge, Twenty-First Judicial District Court of Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 87-5475.
    Smith v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 87-5478.
    Strouse v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5481.
    Fant v. Enright et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 87-5485.
    Christow v. Crapella et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5490.
    Bey v. Philadelphia Passport Agency et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5494.
    Holleman v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5499.
    Mangone v. Fulcomer, Superintendent, State Correctional Institution at Huntingdon.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5511.
    Davis v. Clerk of the Circuit Court of Nottoway County.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5513.
    Green v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5514.
    Munoz v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5515.
    Gatzonis v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5519.
    Hasan v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5520.
    Lepiscopo v. Sullivan, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5527.
    Rademaker v. Teachers College, Columbia University.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5531.
    Heath et al. v. Warner Communications et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5540.
    Cavada v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5542.
    Van Straten v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 87-5552.
    Parker v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5558.
    Zatko v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 87-5580.
    Taylor v. Sowders, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5583.
    Robinson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5585.
    Rollins et ux. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5592.
    Gove v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-5593.
    Jackson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5595.
    Falcon v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5603.
    Laroque v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5605.
    Bausman v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5606.
    Diaz v. Scully, Superintendent, Green Haven Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5609.
    Wilson v. Monumental Life Insurance Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5619.
    Bussey v. Levy, Ferguson & Grady et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5641.
    Holliman v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 86-6960.
    Clozza v. Bair, Warden. Peterson v. Bass, Warden. Whitehead v. Illinois. Peoples v. Alabama. Liles v. Oklahoma. Guinan v. Missouri. Payne v. Virginia. Rose v. Dugger, Secretary, Florida Department of Corrections. Gilmore v. Missouri. Mallett v. Missouri. Selvage v. Lynaugh, Director, Texas Department of Corrections. Bell v. Lynaugh, Director, Texas Department of Corrections.
    No. 87-5256.
    No. 87-5257.
    No. 87-5414.
    No. 87-5427.
    No. 87-5433.
    No. 87-5445.
    No. 87-5451.
    No. 87-5469.
    No. 87-5493.
    No. 87-5627.
    No. 87-5638.
   Sup. Ct. Va.;

Sup. Ct. Va.;

Sup. Ct. Ill.;

Sup. Ct. Ala.;

Ct. Crim. App. Okla.;

Sup. Ct. Mo.;

Sup. Ct. Va.;

Sup. Ct. Fla.;

Ct. App. Mo., Eastern Dist.;

Sup. Ct. Mo.;

C. A. 5th Cir.; and

C. A. 5th Cir. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-148.
    Lindsey v. United States.
   C. A. 6th Cir. Certiorari denied.

Justice White, with whom Justice Brennan joins,

dissenting.

The issue here is whether a defendant’s rights under the Due Process and Confrontation Clauses are violated when the Government forces a witness to take the stand solely to invoke his privilege against self-incrimination in front of the jury even though the Government already knew that the witness would refuse to testify. In this case, petitioner was convicted of mail fraud. At the trial, the Government called as a witness an unindicted co-conspirator who was alleged to have engaged in the same kind of conduct for which petitioner was indicted. The witness’ attorney informed the prosecutor and the court that his client would invoke the privilege if he were called to testify, and the witness did invoke the privilege when he was called outside the presence of the jury. When the jury returned, the prosecution called the witness and he was permitted to testify after the trial court overruled petitioner’s objection. Once again, after stating his name and place of residence, the witness invoked the Fifth Amendment privilege and refused to testify in response to five different questions. On appeal, a panel of the Sixth Circuit noted that this practice is “ ‘so imbued with the “potential for unfair prejudice” that a trial judge should closely scrutinize any such request.’” United States v. Lewis, Nos. 86-5377 and 86-5379 (Apr. 17, 1987), App. to Pet. for Cert. 9a (quoting United States v. Vandetti, 623 F. 2d 1144, 1147 (CA6 1980)). Nonetheless, it held that the trial court did not commit reversible error when it permitted the witness to testify and gave a cautionary instruction to the jury not to consider the witness’ actions as bearing on the guilt or innocence of any of the defendants. Ibid. The position of the Sixth Circuit, which is consistent with that of a number of the Circuits, conflicts with the position of at least two other Circuits. United States v. King, 461 F. 2d 53, 57, and n. 4 (CA8 1972) (calling a witness in these circumstances, where no useful purpose would be served, was error notwithstanding that a curative instruction was given); United States v. Roselli, 432 F. 2d 879 (CA9 1970) (disapproving the calling of a witness before the jury after he has indicated that he will decline to testify, though the error did not prejudice the defendant where it was a momentary episode in a 6-month trial), cert. denied, 401 U. S. 924 (1971). See also United States v. Ritz, 548 F. 2d 510 (CA5 1977). The split among the Circuits on this issue warrants our granting certiorari.


text:
    No. 87-216.
    City of Fontana et al. v. Smith, Administratrix of the Estate of Smith, et al.
   C. A. 9th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 87-370.
    Faulkner et al. v. Meriwether.
   C. A. 7th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 87-485.
    Massachusetts v. Repoza.
   Sup. Jud. Ct. Mass. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-5172.
    Matthews v. Pierce, Secretary of Housing and Urban Development.
   C. A. 3d Cir. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


author: Justice Marshall,

text:
    No. 87-5222.
    Williams v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.

Justice Marshall,

with whom Justice Brennan 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, 231-241 (1976) (Marshall, J., dissenting), I would grant the petition for writ of certiorari. Even if I did not hold this view, I would grant the petition in order to resolve the question whether the State may, consistent with the Eighth and Fourteenth Amendments, introduce evidence of unadjudicated criminal conduct at the punishment phase of a capital trial. This claim presents a serious constitutional issue that has provoked a number of conflicting court decisions nationwide. The petition also presents a second question worthy of our review, namely, whether a State violates the Equal Protection Clause when it permits the sentencer to consider evidence of unadjudicated offenses in capital cases but not in non-capital cases.

I

Petitioner James Williams was sentenced to death under a Texas capital punishment statute that requires the jury to determine beyond a reasonable doubt that the defendant, if permitted to live, would commit criminal acts of violence that would constitute a continuing threat to society. See Tex. Crim. Proc. Code. Ann., Art. 37.071(b)(2) (Vernon Supp. 1986-1987). To prove this circumstance, the State relied in large part on eyewitness testimony that petitioner had participated in a restaurant robbery 10 days before the murder. Petitioner never had been charged with, much less convicted of, this crime. The court did not caution the jury that it had to find petitioner had committed the crime by any particular standard of proof before considering the evidence in its calculation of future dangerousness. Indeed, the jury was encouraged not to do so by the State’s attorney, who stated:

“You don’t have to go back there and find him guilty of [the robbery]. You don’t have to write a verdict for that. This is here to let you see what he did ten days prior.” Pet. for Cert. 4.

In his federal petition for a writ of habeas corpus, petitioner argued that Texas’ sentencing scheme violates the Eighth and Fourteenth Amendments because it permits the introduction of evidence of unadjudicated criminal conduct at the sentencing hearing of a capital trial. Williams also contended, in the alternative, that Texas’ sentencing scheme violates the Equal Protection Clause of the Fourteenth Amendment because the State permits the introduction of unadjudicated offenses in capital-sentencing trials while forbidding the use of such evidence in noncapital-sentencing proceedings, see Jones v. State, 479 S. W. 2d 307 (Tex. Crim. App. 1972). The Court of Appeals for the Fifth Circuit rejected both claims. 814 F. 2d 205 (1987).

II

Whether a State may introduce evidence of unadjudicated offenses in the sentencing phase of a capital trial is a vexing question with respect to which the state courts are in considerable need of guidance. The courts that have considered the question have provided inconsistent responses. A number have held that a State may not introduce evidence of unadjudicated crimes to prove a statutory aggravating factor at the sentencing phase of a capital trial. See State v. Bobo, 727 S. W. 2d 945, 952-953 (Tenn.), cert. denied, ante, p. 872; State v. Bartholomew, 101 Wash. 2d 631, 640-642, 683 P. 2d 1079, 1085-1086 (1984) (en banc); State v. McCormick, 272 Ind. 272, 277-278, 397 N. E. 2d 276, 280 (1979); Cook v. State, 369 So. 2d 1251, 1257 (Ala. 1978). Other state courts have held that although evidence of unadjudicated crimes is inadmissible to prove that the criminal act took place, such evidence is admissible to show “defendant’s characteristics,” State v. Skipper, 285 S. C. 42, 48-49, 328 S. E. 2d 58, 62 (1985), rev’d on other grounds, 476 U. S. 1 (1986), or “‘other matter[s] which the court deems relevant to sentence.’” Crump v. State, 102 Nev. 158, 161, 716 P. 2d 1387, 1388-1389 (quoting Nev. Rev. Stat. § 175.552 (1985)), cert. denied 479 U. S. 870 (1986). At least one state court has indicated that unadjudicated-crimes evidence may be admitted, but only if the court instructs the jury that it must find beyond a reasonable doubt that the defendant committed the crime before it can use the evidence in its sentencing determinations. See People v. Easley, 187 Cal. Rptr. 745, 758-761, 654 P. 2d 1272, 1286-1288 (1982), vacated on other grounds, 34 Cal. 3d 858, 671 P. 2d 813 (1983). Still others, including Texas, have found that that the admission of such evidence is not of constitutional significance and have required merely that the evidence be relevant. See Milton v. State, 599 S. W. 2d 824, 827 (Tex. Crim. App. 1980) (en banc), cert. denied, 451 U. S. 1031 (1981); Fair v. State, 245 Ga. 868, 870-871, 268 S. E. 2d 316, 319-320, cert. denied, 449 U. S. 986 (1980).

As Texas’ prohibition against the use of unadjudicated offenses in noncapital cases suggests, the use of such evidence at sentencing is at tension with the fundamental principle that a person not be punished for a crime that the State has not shown he committed. In the context of capital sentencing, this tension becomes irreconcilable. This Court has repeatedly stressed that because the death penalty is qualitatively different from any other criminal punishment, “there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case.” Woodson v. North Carolina, 428 U. S. 280, 305 (1976) (opinion of Stewart, Powell, and Stevens, JJ.). In my view, imposition of the death penalty in reliance on mere allegations of criminal behavior fails to comport with the constitutional requirement of reliability. A conviction signals that the underlying criminal behavior has been proved beyond a reasonable doubt to the satisfaction of an unbiased jury in conformance -with constitutional safeguards. The testimony on which the State relied in this case, by contrast, carries with it no similar indicia of reliability.

It could be argued that the reliability problem can be mitigated by instructing the jury to consider evidence of unadjudicated offenses only if it finds beyond a reasonable doubt that the defendant committed the crime. This approach concedes that the Constitution requires a jury to determine that the alleged criminal conduct actually occurred. Once this concession is made, however, the intractability of such an approach becomes apparent. For if a defendant has a right to have a jury find that he committed a crime before it uses evidence of that crime to sentence him to die, he has a right that the jury that makes the determination be impartial. A jury that already has concluded unanimously that the defendant is a first-degree murderer cannot plausibly be expected to evaluate charges of other criminal conduct without bias and prejudice. Several state courts have concluded for this reason that introduction of evidence of unadjudicated offenses violates a defendant’s due process right to an impartial jury. See State v. Bobo, supra, at 952-953; State v. Bartholomew, supra, at 640-642, 683 P. 2d, at 1085-1086; State v. McCormick, supra; Cook v. State, supra, at 1257.

In Williams v. New York, 337 U. S. 241 (1949), this Court let stand the imposition of the death penalty by a judge who had received evidence of unadjudicated offenses, reasoning that death is no different from any other punishment. See id., at 251-252. In Gardner v. Florida, 430 U. S. 349, 357-358 (1977) (opinion of Stevens, J.), however, it was recognized that the view expressed in Williams no longer prevails, and that the death penalty is qualitatively different from other punishments. Since then, we have invalidated a number of procedural rules that called into question the reliability of the sentencing determination. See Beck v. Ala bama, 447 U. S. 625, 638 (1980) (citing cases). In my view, the Court’s jurisprudence in this area raises serious doubts as to whether a State may ever, consistent with the Eighth and Fourteenth Amendments, introduce evidence of unadjudicated crimes at the sentencing phase of a capital trial. In any event, it appears beyond dispute that the issue is both significant and recurring, and one on which the lower courts are in disarray. I would grant the petition for certiorari to resolve this pressing question.

► — I H-H I — I

The State’s use of evidence of unadjudicated offenses is particularly disturbing because Texas generally forbids the use of such evidence in sentencing determinations for wowcapital crimes, reasoning that the evidence poses too great a danger of undue prejudice and confusion. See Jones v. State, 479 S. W. 2d 307 (Tex. Crim. App. 1972). Williams argues that Texas’ practice of not adhering to this practice during capital sentencing violates the Equal Protection Clause. The Court of Appeals rejected this claim, reasoning that “[g]iven the finality of a death sentence, Texas has a strong interest in ensuring that all relevant evidence concerning the capital defendant is placed before the jury so that it can consider the evidence when answering the special issues.” 814 F. 2d, at 208. I can think of no constitutionally legitimate reason why evidence of unadjudicated offenses should be admissible in capital cases but not in other cases. The decision of the Court of Appeals sanctions a reduction of procedural protection for the very reason that the defendant’s life is at stake. This conclusion cuts sharply against the grain of this Court’s capital jurisprudence. Recognizing the greater finality and severity of the death penalty, we have repeatedly scrutinized and enhanced the procedural protections afforded a defendant in a capital-sentencing proceeding. See Eddings v. Oklahoma, 455 U. S. 104, 117-118 (1982) (O’Connor, J., concurring) (“Because sentences of death are ‘qualitatively different’ from prison sentences, this Court has gone to extraordinary measures to ensure that the prisoner sentenced to be executed is afforded process that will guarantee, as much as is humanly possible, that the sentence was not imposed out of whim, passion, prejudice, or mistake”) (citation omitted); Ake v. Oklahoma, 470 U. S. 68, 87 (1985) (Burger, C. J., concurring in judgment) (“In capital- cases the finality of the sentence imposed warrants protections that may or may not be required in other cases”). Texas’ sentencing system adopts precisely the converse reasoning; it singles out capital defendants for less procedural protection. This diminution of safeguards for capital defendants only is both perverse and at odds with the decisions of this Court. I therefore would grant the petition for certiorari in order to consider Williams’ equal protection claim should this Court reject his more sweeping attack on Texas’ sentencing procedures.


text:
    No. 87-5208.
    Williams v. Federico et al.,
   ante, p. 803. Petition for rehearing denied.


text:
    November 9, 1987
    No. 87-100.
    Lynch et al. v. City of Chicago et al.
   Appeal from App. Ct. Ill., 1st Dist., dismissed for want of substantial federal question.


text:
    No. 87-441.
    Birdsall et al. v. Shepherd et al.
   Appeal from Sup. Ct. Va. dismissed for want of substantial federal question.


text:
    No. 87-456.
    Sim v. Comiskey et al.
   Appeal from Sup. Ct. Neb. dismissed for want of substantial federal question.


text:
    No. 87-446.
    Keller v. Oklahoma.
   Appeal from Ct. Crim. App. Okla. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. D-645.
    In re Disbarment of Freudenberg.
   Disbarment entered. [For earlier order herein, see 483 U. S. 1017.]


text:
    No. D-653.
    In re Disbarment of Vaughn.
   Disbarment entered. [For earlier order herein, see 483 U. S. 1052.]


text:
    No. D-660.
    In re Disbarment of Schuler.
   It is ordered that William F. Schuler, of San Francisco, 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-661.
    In re Disbarment of Sullivan.
   It is ordered that Arthur J. Sullivan, of Wilmington, Del., 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-662.
    In re Disbarment of Vavrik.
   It is ordered that Robert J. Vavrik, of McHenry, 111., 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. 86-935.
    Regents of the University of California v. Public Employment Relations Board et al.
   Ct. App. Cal., 1st App. Dist. [Probable jurisdiction noted, 483 U. S. 1004.] Motion of National Education Association et al. for leave to file a brief as amici curiae granted.


text:
    No. 86-1013.
    Lyng, Secretary of Agriculture, et al. v. Northwest Indian Cemetery Protective Assn. et al.
   C. A. 9th Cir. [Certiorari granted, 481 U. S. 1036.] Motion of respondents for leave to file out-of-time motion for divided argument denied.


text:
    No. 86-1992.
    Immigration and Naturalization Service v. Pangilinan et al.; and Immigration and Naturalization Service v. Manzano.
    No. 86-2019.
   C. A. 9th Cir. [Certiorari granted, ante, p. 814.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 87-205.
    Alaska Miners Assn. v. Trustees for Alaska et al. Alaska v. Trustees for Alaska et al. Trustees for Alaska et al. v. Alaska et al. Easter Seal Society for Crippled Children & Adults of Louisiana, Inc. v. Playboy Enterprises, Inc., et al.
    No. 87-206.
    No. 87-371.
    No. 87-482.
   Sup. Ct. Alaska;

Sup. Ct. Alaska;

Sup. Ct. Alaska; and

C. A. 5th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 87-453.
    Amerada Hess Corp. et al. v. Director, Division of Taxation, New Jersey Department of the Treasury; and Texaco Inc. et al. v. Director, Division of Taxation, New Jersey Department of the Treasury.
    No. 87-464.
   Appeals from Sup. Ct. N. J. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

Justice O’Connor took no part in the consideration or decision of this order.


text:
    No. 87-5502.
    In re Gilbert.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 87-253.
    Bowen, Secretary of Health and Human Services v. Kendrick et al.; Bowen, Secretary of Health and Human Services v. Kendrick et al.; and Kendrick et al. v. Bowen, Secretary of Health and Human Services, et al.
    No. 87-431.
    No. 87-462.
   Appeals from D. C. D. C. Probable jurisdiction noted, cases consolidated, and a total of one hour allotted for oral argument.


text:
    No. 87-336.
    Van Cauwenberghe v. Biard.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 87-526.
    Felder v. Casey et al.
   Sup. Ct. Wis. Certiorari granted.


text:
    No. 86-6902.
    Funkhouser v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 86-7048.
    Johnson v. Swyka et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-7106.
    Moon v. Kemp, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-7121.
    Burton v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-7131.
    Walen v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 87-62.
    Schmidt et ux. v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 87-140.
    Chamberlain et al. v. United States et al.
   Temp. Emerg. Ct. App. Certiorari denied.


text:
    No. 87-234.
    Roberts et al. v. Secretary of Labor et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-239.
    Moye v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-240.
    Mize v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-281.
    Goldstein v. Crawford et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-292.
    Del Rivo v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-368.
    Bank of New England, N. A. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-389.
    Norris v. Wirtz, Trustee, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-412.
    Vilardo et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-450.
    Burtenshaw v. Ferry.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 87-459.
    National Iranian Oil Co. v. Ashland Oil, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-461.
    J & J Log & Lumber Co. v. Globe Machine Manufacturing Co.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-465.
    Intown Investors, Inc. v. Avis Rent-A-Car System, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-466.
    Sadler v. Alumismiths, Inc., et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-474.
    Collia et al. v. McJunkin Corp.
   Sup. Ct. App. W. Va. Certiorari denied.


text:
    No. 87-480.
    Heard, Sheriff v. Curry.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-481.
    Lyons v. Jackson, Judge, Common Pleas Court, Lake County, Ohio.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-483.
    Atwood v. Sipple et al.
   Ct. App. Ga. Certiorari denied.


text:
    No. 87-487.
    Wyoming Community Development Authority et al. v. Durning et ux.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-504.
    Richendollar v. Diamond M Drilling Co., Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-506.
    New Jersey v. DeLuca.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 87-566.
    German v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-567.
    Worthington v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-597.
    Robinson v. Secretary of Transportation et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-598.
    Marrapese v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-5092.
    Watts et al. v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5106.
    Wilson v. New York.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 87-5126.
    McQueen v. Garrison, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5169.
    Smith v. United States.
   C- A. 11th Cir. Certiorari denied.


text:
    No. 87-5304.
    Pennell v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5344.
    Gaus v. Bluffton Banner Newspaper et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-5432.
    Weichert v. United States Court of Appeals for the Second Circuit.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5474.
    Tuitt v. Fair, Commissioner, Massachusetts Department of Correction.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-5477.
    Ana Leon T. v. Federal Reserve Bank of Chicago et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5479.
    Vearrier v. Polk County Humane Society et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5480.
    Seaborn v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5484.
    Kemper v. Estelle, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-5486.
    Clark v. Wood, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5492.
    Cross v. McMackin, Superintendent, Marion Correctional Institution.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5497.
    Pierce v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-5501.
    Moody v. Ferguson.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5503.
    Gilbert v. Willingboro Board of Education et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5506.
    Horton v. Trammell et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-5507.
    Black v. Texas et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-5508.
    Almodovar v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 87-5509.
    Wright v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-5518.
    Johnson v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 87-5521.
    Lepiscopo v. KGGM Television et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-5522.
    Mayberry v. Petsock.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-5529.
    Smith v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-5553.
    Russell v. North Carolina.
   Ct. App. N. C. Certiorari denied.


text:
    No. 87-5554.
    Shadian v. North Orange County Municipal Court et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-375.
    Monge, Sheriff of Sarasota County, Florida, et al. v. Straub.
   C. A. 11th Cir. Certiorari denied.

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


text:
    No. 87-447.
    Castille, District Attorney of Philadelphia County v. Harris et al.
   C. A. 3d Cir. Motion of respondents Martin Harris et al. for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-5077.
    Brooks v. Louisiana.
   Sup. Ct. La. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-5170.
    McCulloch v. United States; and Jones v. United States.
    No. 87-5266.
   C. A. 11th Cir. Certiorari denied.

Justice White,

with whom Justice Brennan joins,

dissenting.

In March 1981, petitioners were tried for their participation in an interstate network that duplicated and distributed unauthorized reproductions of copyrighted sound recordings — so-called “pirated” tape recordings. At the conclusion of their trial, petitioners were convicted of numerous counts of interstate transportation of pirated tapes (18 U. S. C. § 2314), conspiracy to violate the copyright laws, and wire fraud. Also, using these substantive convictions as “predicate acts,” the Government successfully prosecuted petitioners for conducting (and conspiring to conduct) a racketeering enterprise in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). 18 U. S. C. §§ 1962(c) and (d).

Subsequently, in Dowling v. United States, 473 U. S. 207 (1985), this Court held that criminal penalties could not be imposed for interstate transportation of pirated tapes under § 2314. As a result, petitioners initiated this action, pursuant to 28 U. S. C. §2255 to have their convictions set aside. The District Court vacated the convictions under §2314, but refused to alter petitioners’ convictions for wire fraud or the RICO violations. Cooper v. United States, 639 F. Supp. 176 (MD Fla. 1986). The Court of Appeals affirmed in a judgment order, 822 F. 2d 63 (CA11 1987), relying on the District Court’s opinion. App. to Pet. for Cert. in No. 87-5170, p. A-2.

These petitions present the question whether a RICO conviction may stand when some — but not all — of a defendant’s convictions for the predicate acts which are the basis of his RICO conviction are vacated. Here, the District Court vacated 6 of petitioner McCulloch’s 11 predicate-act convictions, and 6 of petitioner Jones’ 14 convictions. Cooper, supra, at 187. The jury’s verdict on the RICO counts did not indicate which of these various predicate acts formed the basis on which it found “a pattern of racketeering activity.” 18 U. S. C. § 1962(c). The District Court allowed the RICO convictions to stand.

The courts below followed a prior decision of the Fifth Circuit, United States v. Peacock, 654 F. 2d 339 (1981), cert. denied, 464 U. S. 965 (1983). There, the Fifth Circuit vacated several convictions for predicate acts committed by three RICO defendants, but concluded that where “each of the appellants [was properly] convicted by the jury of at least two racketeering acts which were related to the . . . enterprise,” their RICO convictions remained valid. 654 F. 2d, at 348. The Fifth Circuit recognized that this holding was in conflict with an opposing conclusion reached in United States v. Brown, 583 F. 2d 659 (1978), cert. denied, 440 U. S. 909 (1979), where the Third Circuit reversed two defendants’ RICO convictions when two of their four convictions for predicate acts were found to be invalid. 583 F. 2d, at 669. The Seventh and the Ninth Circuits have recognized this conflict, but have declined to adopt either position to date. See United States v. Anderson, 809 F. 2d 1281, 1284-1285 (CA7 1987); United States v. Lopez, 803 F. 2d 969, 976 (CA9 1986), cert. denied, 481 U. S. 1030 (1987).

Because of the disagreement and uncertainty among the Courts of Appeals over the proper application of this important federal criminal statute, I would grant certiorari to resolve the conflict.


text:
    No. 87-5298.
    Finestone v. United States.
   C. A. 11th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 87-5505.
    Devier v. Kemp, Warden.
   Sup. Ct. Ga. Certiorari denied.

Justice Marshall,

with whom Justice Brennan 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, 231-241 (1976) (Marshall, J., dissenting), I would grant the petition for writ of certiorari. Yet even if I did not hold this view, I would grant the petition to resolve the question whether, or under what circumstances, evidence of crimes for which the defendant has not been tried or convicted may be introduced at the sentencing phase of a capital trial. As I recently argued in Williams v. Lynaugh, ante, p. 935 (Marshall, J., dissenting from denial of certiorari), the admission of evidence of unadjudicated crimes at the sentencing phase impinges on the unique constitutional concern for reliability in capital trials. The question whether the State may introduce such evidence without violating the Eighth and Fourteenth Amendments has also prompted a number of conflicting decisions nationwide. Compare State v. Bobo, 727 S. W. 2d 945, 952-953 (Tenn.) (unadjudicated-crimes evidence not admissible), cert. denied, ante, p. 872, and State v. Bartholomew, 101 Wash. 2d 631, 640-642, 683 P. 2d 1079, 1085-1086 (1984) (en banc) (same), with Milton v. State, 599 S. W. 2d 824, 827 (Tex. Crim. App. 1980) (en banc) (unadjudicated-crimes evidence admissible). This case again demonstrates that the Court should resolve this important question.

Petitioner Darrell Gene Devier was convicted of rape and murder and sentenced to death. At the sentencing phase of his trial, the State, over defense counsel’s objection, introduced the testimony of Linda Elrod. Ms. Elrod, a minor, testified that she had been raped by petitioner some six months before the crime for which he was on trial. Petitioner had never been tried for the alleged rape of Ms. Elrod. Moreover, the trial court did not instruct the jury that it had to find, by any particular standard of proof, that petitioner had raped Ms. Elrod before it could consider the evidence in determining his sentence. In short, the jury was presented with unproved but highly prejudicial allegations of criminal conduct, and was given no guidance on how to consider these allegations in determining whether death was an appropriate punishment. As in Williams, I maintain serious doubts whether the introduction of such evidence can be reconciled with the heightened need for reliability in death sentencing proceedings. I would therefore grant the petition for certiorari.


text:
    No. 86-6846.
    Cleveland v. Warden, Maryland House of Corrections, Rochon v. Acadia Parish Sheriff Department et al., Williams v. Joiner,
    No. 86-6863.
    No. 87-5232.
   ante, p. 833;

ante, p. 834; and

ante, p. 865. Petitions for rehearing denied.


text:
    November 10, 1987
    No. A-374.
    Dugger, Secretary, Florida Department of Corrections v. Demps.
   Application of the Attorney General of Florida for an order to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eleventh Circuit, presented to Justice O’Connor, and by her referred to the Court, denied.


text:
    November 13, 1987
    No. 87-542.
    Parkview Associates v. City of New York et al.
   Appeal from App. Div., Sup. Ct. N. Y., 1st Jud. Dept., dismissed under this Court’s Rule 53.


text:
    November 16, 1987
    No. 87-10.
    Boclair et al. v. Illinois.
   Appeal from Sup. Ct. 111. dismissed for want of substantial federal question.


text:
    No. 87-531.
    Asam v. Lee County District School Board et al.
   Appeal from C. A. 11th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-5539.
    Adams v. Florida.
   Appeal from Dist. Ct. App. Fla., 1st 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. 87-608.
    Pederson v. Shulman.
   Appeal from C. A. 9th Cir. dismissed for want of jurisdiction.


text:
    No. 87-5547.
    Fischer v. Michigan.
   Appeal from Sup. Ct. Mich, dismissed for want of jurisdiction.


text:
    No. A-337.
    Williams v. Minnesota Lawyers Professional Responsibility Board.
   Application for temporary restraining order, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-345 (87-454).
    Dominican Republic et al. v. Meadows, Deceased, et al.
   C. A. 9th Cir. Application for stay, addressed to Justice Stevens and referred to the Court, denied.


text:
    No. D-651.
    In re Disbarment of Rigolosi.
   Disbarment entered. [For earlier order herein, see 483 U. S. 1051.]