text:
    No. 85-188.
    Kemp, Warden v. Blake.
   C. A. 11th Cir. Certiorari denied.

Justice White,

dissenting.

This case presents the question whether, in a habeas corpus proceeding presenting multiple claims for relief, an appellate court has jurisdiction to review an order of the district court without disposing of all of petitioner’s claims. In his habeas petition to the District Court, respondent presented 59 constitutional claims. The District Court found that three of these claims had merit and granted the writ, but expressly refused to rule on the remaining claims. Blake v. Zant, 513 F. Supp. 772 (SD Ga. 1981). On appeal, the Eleventh Circuit originally held that, because the District Court’s order did not finally determine all of the claims presented in the habeas petition, under Federal Rule of Civil Procedure 54(b), there was no final judgment, and therefore, the court was without jurisdiction to consider the appeal under 28 U. S. C. § 1291. Blake v. Zant, 737 F. 2d 925, 928 (1984). On sua sponte reconsideration, however, the court determined that a district court order granting a writ of habeas corpus is a final judgment within the meaning of § 1291, regardless of the district court’s refusal to consider the remainder of petitioner’s claims. 758 F. 2d 523, 524-525 (1985).

This later decision of the Eleventh Circuit conflicts with the practice of the Eighth Circuit. That court has held that, when a district court grants habeas relief to a petitioner on some but not all of the claims presented for consideration, the court of appeals does not have jurisdiction to review the trial court’s decision unless its order also finally disposes of the remainder of petitioner’s claims. Stewart v. Bishop, 403 F. 2d 674, 679-680 (1968). See also Gray v. Swenson, 430 F. 2d 9, 11 (CA8 1970) (Rule 54(b) applies to prohibit appeals when fewer than all habeas claims are finally determined by the district court’s order, but finding all claims to have been decided). Given this direct conflict among the Courts of Appeals, I would grant certiorari in this case.

       Rule 54(b) provides as follows:
      “(b) Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.”

       Section 1291 provides, in pertinent part, as follows:
      “The courts of appeals . . . shall have jurisdiction of appeals from all final decisions of the district courts of the United States . . . .”


source: Caselaw Access Project

license: Public Domain

text:
    No. 85-242.
    West Central Cooperative v. United States.
   C. A. 8th Cir. Certiorari denied.

Justice White, Justice Blackmun, and Justice O’Connor would grant certio-rari.


author: Justice Brennan and Justice Marshall,

text:
    No. 85-5561.
    East v. Texas.
   Ct. Crim. App. Tex. Certio-rari 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. 84-1924.
    No. 84-6589.
    No. 84-6947.
    No. 84-6975.
    No. 84-6984.
    No. 85-5006.
    No. 85-5080.
    No. 85-5083.
    No. 85-5089.
    No. 85-5148.
    No. 85-5161.
    No. 85-5188.
    No. 85-5206.
    City of Pompano Beach v. Capalbo, Brofford v. Morris, Superintendent, Southern Ohio Correctional Facility, Clark v. Byron Jackson Pump Co. et al., Alderman v. Georgia, Lightsey v. Oklahoma, Sommer v. County of Suffolk et al., Srubar et al. v. Department of the Treasury et al., Johnson v. New York State Court Officers Assn. et al., Bad Foot v. Bolt, Sheriff, et al., Bowden v. Idaho Department of Health and Welfare, Whittlesey v. Maryland, Idlebird v. Director, Office of Workers’ Compensation Programs, et al., Streich v. United States,
   ante, p. 824;

ante, p. 872;

ante, p. 840;

ante, p. 911;

ante, p. 841;

ante, p. 852;

ante, p. 855;

ante, p. 855;

ante, p. 855;

ante, p. 805;

ante, p. 858;

ante, p. 859; and

ante, p. 860. Petitions for rehearing denied.


text:
    November 22, 1985
    No. 85-180.
    American Airlines, Inc., et al. v. United States.
   C. A. 5th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    November 29, 1985
    No. 84-1832.
    Rock v. Zinn, Judge, Second Judicial District.
   Sup. Ct. N. M. Certiorari dismissed under this Court’s Rule 53.


text:
    December 2, 1985
    No. 85-506.
    Ascani, Individually and on Behalf of the Estate of Ascani, et al. v. Hughes et al.
   Appeal from Ct. App. La., 4th Cir., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 85-583.
    Fahey v. Beckley et al.
   Appeal from C. A. 7th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 85-551.
    American Federation of Government Employees, AFL-CIO, et al. v. Reagan, President of the United States, et al.
   Appeal from D. C. D. C. dismissed for want of jurisdiction.


text:
    No. 84-1815.
    Hoffman v. Eti-Quette Assaf Ltd. et al.
   C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Sedima, S. P. R. L. v. Imrex Co., 473 U. S. 479 (1985).


text:
    No. 85-5496.
    Tucker v. Kemp, Warden.
   C. A. 11th Cir. Motions of National Legal Aid and Defender Association et al. and Vivian O. Berger et al. for leave to file briefs as amici curiae granted. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Caldwell v. Mississippi, 472 U. S. 320 (1985).


text:
    No. 85-5503.
    Rogers v. Ohio.
   Sup. Ct. Ohio. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Caldwell v. Mississippi, 472 U. S. 320 (1985).


text:
    No. D-511.
    In re Disbarment of Stock.
    [For earlier order herein, see 473 U. S. 930.]
   Disbarment entered.


text:
    No. D-533.
    In re Disbarment of Evans.
   It is ordered that Levi W. Evans III, of Philadelphia, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 84-773.
    Bender et al. v. Williamsport Area School District et al.
   C. A. 3d Cir. [Certiorari granted, 469 U. S. 1206.] Motion of respondents for leave to file a supplemental brief after argument granted.


text:
    No. 84-871.
    No. 84-889.
    No. 84-1054.
    No. 84-1069.
    Louisiana Public Service Commission v. Federal Communications Commission et al. California et al. v. Federal Communications Commission et al. Public Utilities Commission of Ohio et al. v. Federal Communications Commission et al. Florida Public Service Commission v. Federal Communications Commission et al.
   C. A. 4th Cir. [Probable jurisdiction postponed, 472 U. S. 1025];

C. A. 4th Cir. [Certiorari granted, 472 U. S. 1025];

C. A. 4th Cir. [Certiorari granted, 472 U. S. 1025]; and

C. A. 4th Cir. [Certiorari granted, 472 U. S. 1026.] Motion of the Solicitor General for divided argument granted.

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


text:
    No. 84-902.
    Wardair Canada Inc. v. Florida Department of Revenue.
   Sup. Ct. Fla. [Probable jurisdiction noted, ante, p. 943.] Motion of appellant to dispense with printing the joint appendix granted.


text:
    No. 84-6646.
    Turner v. Sielaff, Director, Virginia Department of Corrections.
   C. A. 4th Cir. [Certiorari granted, 471 U. S. 1098.] Further consideration of motion of petitioner to strike ex parte affidavit is deferred to the hearing of the case on the merits.


text:
    No. 85-202.
    Offshore Logistics, Inc., et al. v. Tallentire et al.
   C. A. 5th Cir. [Certiorari granted, ante, p. 816.] Motion of Sonat Offshore Drilling, Inc., et al. for leave to ñle a brief as amici curiae granted.


text:
    No. 85-615.
    No. 85-639.
    California Department of Transportation v. Naegele Outdoor Advertising Company of California, Inc., et al.; and Desert Outdoor Advertising, Inc. v. Naegele Outdoor Advertising Company of California, Inc.
   Sup. Ct. Cal. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.


text:
    No. 85-5189.
    McLaughlin v. United States.
   C. A. 4th Cir. [Certiorari granted, ante, p. 944.] Motion for appointment of counsel granted, and it is ordered that Stephen J. Cribari, Esquire, of Baltimore, Md., be appointed to serve as counsel for petitioner in this case.


text:
    No. 85-5688.
    Jones v. American Postal Workers Union et al.
   C. A. D. C. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until December 23, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 85-5541.
    In re Betka.
   Petition for -writ of mandamus denied.


text:
    No. 85-521.
    Heckler, Secretary of Health and Human Services, et al. v. Public Agencies Opposed to Social Security Entrapment et al.
   Appeal from D. C. E. D. Cal. Probable jurisdiction noted.


text:
    No. 85-298.
    Connolly v. Burt.
   C. A. 10th Cir. Certiorari granted.


text:
    No. 85-499.
    Papasan, Superintendent of Education, et al. v. Allain, Governor of Mississippi, et al.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 85-554.
    United States v. Hughes Properties, Inc.
   C. A. Fed. Cir. Certiorari granted.


text:
    No. 85-588.
    University of Tennessee et al. v. Elliott.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 85-619.
    Merrell Dow Pharmaceuticals Inc. v. Thompson et al., as Next Friends and Guardians of Thompson, et al.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 85-599.
    United States v. American Bar Endowment et al.
   C. A. Fed. Cir. Certiorari granted.

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


text:
    No. 84-6717.
    Holsey v. Maryland.
   Ct. App. Md. Certio-rari denied.


text:
    No. 84-6760.
    Edwards v. Harris, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 84-6841.
    Spiess v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 84-6892.
    Williams, aka Anthony, et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-47.
    Whitt, Executor of the Estate of Whitt v. Commissioner of Internal Revenue.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 85-109.
    Dean v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 85-175.
    Garwood v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 85-178.
    De Le Puente v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-179.
    California Energy Resources Conservation and Development Commission v. Bonneville Power Administration.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-199.
    Dellinger, Inc., et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-220.
    Burlington Northern Railroad Co. v. Cherner, Judge of the Tenth Judicial Circuit of Alabama.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 85-241.
    No. 85-420.
    McSurely et al. v. McClellan et al.; and Brick v. McSurely et al.
   C. A. D. C. Cir. Certiorari denied. Reported below: 243 U. S. App. D. C. 270, 753 F. 2d 88.


text:
    No. 85-260.
    Manhattan Industries, Inc. v. Goldstein.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-333.
    Modine Manufacturing Co. v. United States Environmental Protection Agency.
   C. A. 3d Cir. Certio-rari denied.


text:
    No. 85-350.
    Farley v. Roberts.
   Ct. App. Tex., 6th Sup. Jud. Dist. Certiorari denied.


text:
    No. 85-362.
    California State Lands Commission v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-398.
    Jones et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-457.
    Westbrook v. Arkansas.
   Sup. Ct. Ark. Cer-tiorari denied.


text:
    No. 85-490.
    Joseph et al. v. New Orleans Electrical Pension and Retirement Plan et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 85-503.
    Sparrow v. Hajimaholis et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 85-527.
    Faith Center, Inc. v. Federal Communications Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 85-571.
    Simplot et al. v. Strobl.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 85-572.
    Ringsby Truck Lines, Inc., et al. v. Trucking Employers, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-579.
    Warren v. Local 1759, American Federation of Government Employees.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-585.
    District 2, United Mine Workers of America, et al. v. Helen Mining Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-589.
    Hall et al. v. Simcox et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-590.
    Mazzella v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-594.
    On-Deck, Inc. v. Rostad et al.
   Sup. Ct. Minn. Certiorari denied.


text:
    No. 85-600.
    Sloan et al. v. Hicks, Trustee in Bankruptcy of Becknell & Crace Coal Co., Inc., Bankrupt.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-606.
    Doran v. Travelers Indemnity Co.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-610.
    Piarowski v. Illinois Community College District 515, Prairie State College, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-611.
    McQuay et al. v. City of Junction City, Kansas, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-612.
    Program Engineering, Inc. v. California Jockey Club.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-617.
    Kullberg v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-618.
    Miller et al. v. Hogg Brothers Partnership et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-624.
    Carbalan v. Vaughn et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-627.
    Frye v. United Steelworkers of America et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-628.
    Bippus et al. v. Local 100 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-629.
    Cunningham v. Housing Authority of the City of Opelousas, dba Opelousas Housing Authority.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-630.
    Grimmer et al. v. Harden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-644.
    Nazarian v. Nazarian.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 85-647.
    Mann v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 85-648.
    Fuller v. United States et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-649.
    International Longshoremen’s Assn., AFL-CIO, Local 1414, et al. v. Ward.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 85-650.
    McCorstin v. United States Steel Corp.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-661.
    Russell et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-662.
    Texas v. United States Department of Energy et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-687.
    Kelly v. Whiting, Judge, Court of Common Pleas of Cuyahoga County, et al.
   Sup. Ct. Ohio. Certio-rari denied.


text:
    No. 85-689.
    Muth v. Showers.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 85-696.
    Helfricht v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 85-699.
    DeSantis v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-707.
    City of Philadelphia v. Borough of Glassboro et al.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 85-710.
    Randell et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-719.
    Borntrager v. Stevas, Former Clerk of Supreme Court of United States, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-722.
    Kaprelian v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-726.
    Barlow et al. v. Brewery Workers Local Union No. 1010 et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-5064.
    Sturm v. California.
   Sup. Ct. Cal. Certio-rari denied.


text:
    No. 85-5065.
    Matecki v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-5084.
    Rosser-El v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 85-5106.
    Frederick v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5121.
    Freeland v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5182.
    Lamp v. Farrier.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5209.
    Klein v. United States.
   Ct. Mil. App. Cer-tiorari denied.


text:
    No. 85-5222.
    Malloy v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-5325.
    Remigio, aka Cuervo v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-5343.
    Gordon v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 85-5349.
    Praylow v. Martin, Assistant Regional Administrator, Midlands Correctional Region, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-5384.
    Gaertner v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5468.
    Rodman v. McMackin, Superintendent, Hocking Correctional Facility.
   C. A. D. C. Cir. Certio-rari denied.


text:
    No. 85-5475.
    Hughes v. Rhode Island.
   Sup. Ct. R. I. Certiorari denied.


text:
    No. 85-5509.
    Corbett v. Mintzes, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-5524.
    McCormick v. Cain, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-5525.
    Veale et al. v. Veale et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 85-5527.
    Davis v. Fulcomer, Superintendent, State Correctional Institution at Huntingdon.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-5530.
    Carey v. Minnesota.
   C. A. 8th Cir. Certio-rari denied.


text:
    No. 85-5536.
    Gans v. Mundy et al.
   C. A. 3d Cir. Certio-rari denied.


text:
    No. 85-5539.
    Buchanan v. Rees, Superintendent, Kentucky State Reformatory.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-5540.
    Abdul-Rahim v. Hardcastle, Sheriff.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5544.
    No. 85-5545.
    Welch v. Ohio; and Patterson v. Ohio.
   Sup. Ct. Ohio. Certio-rari denied. Reported below: 18 Ohio St. 3d 88, 480 N. E. 2d 384.


text:
    No. 85-5547.
    Spellman v. Integon General Insurance Corp.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-5550.
    Adams v. Brierton et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5560.
    Gannon v. Arizona.
   Sup. Ct. Ariz. Certio-rari denied.


text:
    No. 85-5562.
    Almon v. Sharp et al.
   Sup. Ct. Ala. Certio-rari denied.


text:
    No. 85-5566.
    Lovelace v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5568.
    McLaurin v. Syracuse University et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-5570.
    Williams v. Maggio, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-5573.
    Turner v. North Carolina Department of Human Resources, Division of Services for the Blind, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-5576.
    Whigham v. New York Telephone.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-5583.
    Burton v. Sargent, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5584.
    Burton v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5585.
    Jones v. Greer, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5590.
    Morris v. McCotter, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-5592.
    Ridley v. Goldman et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5593.
    Isadore v. Kincheloe, Superintendent, Washington State Reformatory.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-5601.
    Burnley v. Superintendent of the Capron Correctional Unit.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 85-5602.
    Snowden v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-5603.
    Phelps v. Duckworth, Warden, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5605.
    A. E. R., a Child v. Florida.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 85-5611.
    Wood v. Pennsylvania.
   Super. Ct. Pa. Cer-tiorari denied.


text:
    No. 85-5612.
    Shaw v. Hunt et al.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 85-5613.
    Prince v. McCotter, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-5614.
    Midwife et al. v. Director, State Department of Social Services.
   Ct. App. Cal., 4th App. Dist. Cer-tiorari denied.


text:
    No. 85-5616.
    Cushing-Gale v. Smith, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-5618.
    Evatt v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-5629.
    Burden v. Bolger, Postmaster General of the United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5630.
    Gholston v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-5638.
    Bush v. United States.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 85-5641.
    Bertoniere v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5645.
    Pettit v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5646.
    Swicegood v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5647.
    Wilson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-5652.
    Verdon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-5654.
    Sterley v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5655.
    Patterson v. Buena Vista Distribution Co. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5669.
    Moffitt v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 85-5672.
    Hart v. Risley, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-5674.
    Vido v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 85-5677.
    Eissa v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 85-5692.
    Muriel v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-5734.
    Simon v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5740.
    Adams v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 85-5743.
    Williams v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5745.
    Hinke v. Workers’ Compensation Appeals Board et al.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 85-331.
    Israel, Warden v. Walberg.
   C. A. 7th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 85-395.
    Lockhart, Director, Arkansas Department of Correction v. Collins.
   C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 85-500.
    Carroll et al. v. Alberts et al.
   Sup. Jud. Ct. Mass. Motion of General Council on Finance and Administration of the United Methodist Church et al. for leave to file a brief as amici curiae granted. Certiorari denied.

Justice Brennan and Justice White would grant certiorari.


text:
    No. 85-609.
    Wansong v. Wansong.
   Sup. Jud. Ct. Mass. Certiorari denied.

Justice Brennan would grant certiorari.


text:
    No. 85-5606.
    Davis v. Indiana.
   Sup. Ct. Ind. 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. 84-1534.
    No. 84-1559.
    No. 84-1666.
    No. 84-1759.
    No. 84-1845.
    No. 84-1847.
    No. 84-1869.
    No. 84-1926.
    No. 84-1940.
    No. 84-1976.
    No. 84-2036.
    No. 84-6768.
    No. 84-6771.
    Lutjeharms, Commissioner of Education of Nebraska, et al. v. Rose, as Next Friend of Rose, United Van Lines, Inc. v. Hunter et al., Cummings v. United States et al., T. G. & Y. Stores, Inc. v. Lusby et al., Sorensen v. Fitzgerald, Trustee, Landes v. Department of Justice, Marcone v. Penthouse International, Ltd., Reid et al. v. Gholson et al., Dow v. United Van Lines et al., In re Walton, El Shahawy v. Sarasota County Public Hospital Board, Zlomke v. Flying Tiger Line, Inc., et al., Roach v. Martin, Warden, et al.,
   ante, p. 817;

ante, p. 863;

ante, p. 817;

ante, p. 818;

ante, p. 918;

ante, p. 821;

ante, p. 864;

ante, p. 824;

ante, p. 825;

ante, p. 814;

ante, p. 829;

ante, p. 833; and

ante, p. 865. Petitions for rehearing denied.


text:
    No. 84-6818.
    No. 84-6823.
    No. 84-6832.
    No. 84-6851.
    No. 84-6861.
    No. 84-6864.
    No. 84-6865.
    No. 84-6866.
    No. 84-6922.
    No. 84-6957.
    No. 84-6958.
    No. 84-6970.
    No. 84-6990.
    No. 84-7002.
    No. 85-66.
    No. 85-218.
    No. 85-258.
    No. 85-5010.
    No. 85-5050.
    No. 85-5067.
    No. 85-5174.
    No. 85-5218.
    No. 85-5308.
    No. 85-5346.
    Coombs v. McGarry et al., Walker v. Georgia, Rucker v. City of St. Louis et al., Betka v. City of West Linn et al., Mathis v. Kemp, Warden, Busby v. Louisiana, Rucker v. City of St. Louis et al., Breeze v. United States, Cawley v. Board of Regents of the University of Michigan et al., Augustyniak v. Koch, Mayor of the City of New York, et al., Robinson v. Cooke, Warden, et al., Damon v. South Carolina, Carrion v. New York City Health and Hospitals Corp. et al., Del Vecchio v. Illinois, Florida v. Arango, Luxury Blankets, Inc., et al. v. United States, Miller v. International Telephone & Telegraph Corp., Mihal et al. v. Sargis et al., Van Horn v. Heckler, Secretary of Health and Human Services, Bovee v. United States, Phelps v. Sovran Bank, Betka v. Smith et al., Thomas v. McCotter, Director, Texas Department of Corrections, et al., In re Krahn,
   ante, p. 835;

ante, p. 865;

ante, p. 804;

ante, p. 836;

ante, p. 865;

ante, p. 873;

ante, p. 805;

ante, p. 875;

ante, p. 839;

ante, p. 840;

ante, p. 840;

ante, p. 865;

ante, p. 842;

ante, p. 883;

ante, p. 806;

ante, p. 849;

ante, p. 851;

ante, p. 803;

ante, p. 854;

ante, p. 854;

ante, p. 858;

ante, p. 860;

ante, p. 935; and

ante, p. 899. Petitions for rehearing denied.


text:
    December 6, 1985
    No. A-440.
    Guzmon v. Texas.
   Application for stay of execution of sentence of death scheduled for Monday, December 9, 1985, presented to Justice White, and by him referred to the Court, is granted pending the filing of a petition for writ of cer-tiorari on or before January 6, 1986. In the event the petition for writ of certiorari is filed by said date, this order is to continue pending the disposition 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 cer-tiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.


text:
    December 9, 1985
    No. 85-5685.
    Hamilton v. California.
   Appeal from Sup. Ct. Cal. dismissed for want of substantial federal question.


text:
    No. 84-1736.
    Hijar, Superintendent, Federal Prison Camp at Boron, California v. Burrus.
   C. A. 9th Cir. [Cer-tiorari granted, ante, p. 816.] Judgment vacated and case remanded to the United States District Court for the Northern District of California with instructions to vacate the injunction and to dismiss the cause as moot.


text:
    No. A-353.
    Ernest v. United States Attorney for the Southern District of Alabama et al.
   Application for an injunction or writ of habeas corpus, addressed to Justice Rehnquist and referred to the Court, denied. Motion to recuse Justice Powell denied.


text:
    No. D-523.
    In re Disbarment of Gantt.
   Richard Allison Gantt, of Greenville, S. C., 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 October 15, 1985 [ante, p. 896], is hereby discharged.


text:
    No. D-534.
    In re Disbarment of Pesner.
   It is ordered that David I. Pesner, of Spring Valley, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-535.
    In re Disbarment of Romano.
   It is ordered that Salvatore L. Romano, Jr., of Providence, R. I., 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. 29,
    Orig.
    Texas et al. v. Colorado.
    [For earlier order herein, see, e. g., 391 U. S. 901.]
   Stipulated motion for dismissal granted and cause dismissed with prejudice. Justice Marshall took no part in the consideration or decision of this case.


text:
    No. 84-1273.
    Regents of the University of Michigan v. Ewing.
   C. A. 6th Cir. [Certiorari granted, 470 U. S. 1083.] Motion of respondent for leave to file a supplemental brief after argument granted.


text:
    No. 84-1560.
    Press-Enterprise Co. v. Superior Court of California for the County of Riverside.
   Sup. Ct. Cal. [Certiorari granted, ante, p. 899.] Motion of respondent to supplement the record and leave to file supplemental appendix granted.


text:
    No. 84-1737.
    United States v. American College of Physicians.
   C. A. Fed. Cir. [Certiorari granted, 473 U. S. 904.] Motion of respondent to dismiss writ of certiorari as improvidently granted is denied.


text:
    No. 85-21.
    Square D Co. et al. v. Niagara Frontier Tariff Bureau, Inc., et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 815.] Motions of C. D. Ambrosia Trucking Co., Inc., et al. and Western Fuels Association, Inc., for leave to file briefs as amici curiae granted. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 85-88.
    Paulussen v. Herion.
   Super. Ct. Pa. [Probable jurisdiction noted, ante, p. 899.] Motion of Children’s Defense Fund et al. for leave to file a brief as amici curiae granted.


text:
    No. 85-202.
    Offshore Logistics, Inc., et al. v. Tallentire et al.
   C. A. 5th Cir. [Certiorari granted, ante, p. 816.] Motion of Kenneth G. Engerrand for leave to file a brief as amicus curiae granted.


text:
    No. 85-406.
    No. 85-455.
    Ariyoshi, Governor of Hawaii, et al. v. Robinson et al. Polo Fashions, Inc. v. Stock Buyers International, Inc., et al.
   C. A. 9th Cir.; and

C. A. 6th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 85-755.
    Reed v. Campbell, Individually and as Administratrix of the Estate of Ricker.
   Appeal from Ct. App. Tex., 8th Sup. Jud. Dist. Probable jurisdiction noted.


text:
    No. 85-568.
    Nantahala Power & Light Co. et al. v. Thornburg, Attorney General of North Carolina, et al.
   Appeal from Sup. Ct. N. C. Motions of Edison Electric Institute and United Steelworkers of America, AFL-CIO, Local Union 309, for leave to file briefs as amici curiae granted. Probable jurisdiction noted.


text:
    No. 85-664.
    Young, Commissioner of Food and Drug Administration v. Community Nutrition Institute et al.
   C. A. D. C. Cir. Certiorari granted.


text:
    No. 85-530.
    O’Connor et al. v. Ortega.
   C. A. 9th Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 85-621.
    No. 85-642.
    Commodity Futures Trading Commission v. Schor et al.; and ContiCommodity Services, Inc. v. Schor et al.
   C. A. D. C. Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 248 U. S. App. D. C. 155, 770 F. 2d 211.


text:
    No. 85-632.
    Atkins, Commissioner, Massachusetts Department of Public Welfare v. Rivera et al.
   Sup. Jud. Ct. Mass. Motion of respondent Madeline McKenna for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 85-5238.
    Crane v. Kentucky.
   Sup. Ct. Ky. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 85-5542.
    Ford v. Wainwright, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Motions of National Association of Criminal Defense Lawyers and Office of the Capital Collateral Representative for the State of Florida et al. for leave to file briefs as amici curiae granted. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 84-1906.
    Alabama v. Callahan.
   Sup. Ct. Ala. Cer-tiorari denied.


text:
    No. 84-6287.
    Carr v. Hutto, Director of the Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 84-6884.
    Zabel v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 84-6910.
    Etheridge v. Mitchell, Superintendent, Virginia State Penitentiary.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 84-6938.
    Paul v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 84-7003.
    Lacayo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-228.
    Lassiter-Geers v. Reichenbach.
   Ct. App. Md. Certiorari denied.


text:
    No. 85-251.
    Morrison v. Federal Deposit Insurance Corporation.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-252.
    Central & Southern Motor Freight Tariff Assn. et al. v. United States et al.
   C. A. D. C. Cir. Cer-tiorari denied.


text:
    No. 85-282.
    Maturo et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-335.
    Di Napoli v. Northeast Regional Parole Commission et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-379.
    Ohio New & Rebuilt Parts, Inc., et al. v. National Labor Relations Board.
   C. A. 6th Cir. Certio-rari denied.


text:
    No. 85-413.
    Blackwood v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-458.
    Schiavone et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-466.
    No. 85-667.
    Soft Drink Workers, Local 812, et al. v. Monarch Long Beach Corp.; and Monarch Long Beach Corp. v. Soft Drink Workers, Local 812, et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 762 F. 2d 228.


text:
    No. 85-538.
    Medford Assembly of God v. City of Medford, Oregon.
   Ct. App. Ore. Certiorari denied.


text:
    No. 85-622.
    Pietroniro et al. v. Borough of Oceanport et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-623.
    No. 85-646.
    Dallas County, Texas, et al. v. Crane; and Wade v. Crane.
   C. A. 5th Cir. Certiorari denied. Reported below: 759 F. 2d 412 and 766 F. 2d 193.


text:
    No. 85-626.
    Accident Fund et al. v. Baerwaldt, Commissioner of Insurance of the State of Michigan, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-631.
    Caprito et al. v. Mayhew, aka Caprito, et al.
   Sup. Ct. La. Certiorari denied.


text:
    No. 85-640.
    Hughes et al. v. Houston Northwest Medical Center, Inc., et al.
   Ct. App. Tex., 1st Sup. Jud. Dist. Certiorari denied.


text:
    No. 85-641.
    Hatch et al. v. Reliance Insurance Co.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-655.
    Templeman v. Chris Craft Corp.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 85-657.
    Roehler v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 85-665.
    Pleasant View Elementary School PTA v. Group I Defendants et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-669.
    Ad Hoc Committee for Akwesasne Rights v. Reynolds Metals Co. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-680.
    Komoto v. Washington.
   Ct. App. Wash. Cer-tiorari denied.


text:
    No. 85-682.
    Bair, Director, Department of Revenue of Iowa v. Trailer Train Co. et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-694.
    Dowty v. Pioneer Rural Electric Cooperative, Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-698.
    El Cid, Ltd. v. New Jersey Zinc Co. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-709.
    Campbell v. Alabama.
   Sup. Ct. Ala. Certio-rari denied.


text:
    No. 85-738.
    Chambers v. Kentucky.
   Cir. Ct. Ky., Campbell County. Certiorari denied.


text:
    No. 85-739.
    Allen v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-741.
    Davis et al. v. Bethlehem Steel Corp. et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-765.
    Black v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 85-770.
    District Council 33, American Federation of State, County & Municipal Employees, AFL-CIO, et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-784.
    Pautz v. Wisconsin Department of Industry, Labor and Human Relations.
   C. A. 7th Cir. Certio-rari denied.


text:
    No. 85-804.
    Lika v. United States.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 85-5020.
    No. 85-5101.
    No. 85-5235.
    No. 85-5236.
    Daly v. United States; Hulsey et al. v. United States; Klir v. United States; and Ross v. United States.
   C. A. 5th Cir. Cer-tiorari denied. Reported below: 756 F. 2d 1076.


text:
    No. 85-5155.
    McKinney v. Ellis et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5287.
    Haislip v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 85-5306.
    Silas v. Winans, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-5313.
    Burnside v. White, Superintendent, Algoa Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5332.
    Hopkinson v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-5333.
    Taylor v. Louisiana.
   Ct. App. La., 3d Cir. Certiorari denied.


text:
    No. 85-5538.
    Acosta v. Kraco, Inc., et al.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 85-5643.
    Chatman v. Alabama.
   Sup. Ct. Ala. Certio-rari denied.


text:
    No. 85-5620.
    Froneberger v. Armstrong et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-5627.
    Henderson v. Blackburn, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-5636.
    Davis v. Gupton, Superintendent, Piedmont Correctional Center, et al.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 85-5637.
    Bezotte v. Madison County Commissioners et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5567.
    Bullock v. Director, Department of Corrections.
   Ct. App. Va. Certiorari denied.


text:
    No. 85-5671.
    Kimble v. Duckworth, Superintendent, Indiana State Prison, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5675.
    Disbrow v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5689.
    Grant v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-5690.
    Jankowski v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-5696.
    Parra v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 85-5697.
    Springston v. Pacific Intermountain Express Co. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-5706.
    Cola v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 85-5709.
    Foreman v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-5710.
    Darling v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5713.
    Lewis v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-5716.
    Sawyer v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5722.
    Collins v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-5728.
    Crooker v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 85-5732.
    Patterson v. Georgia Theatre Co. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 85-5751.
    Gati v. United States.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 85-5759.
    Lapsley v. Legal Services of Maumee Valley.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5781.
    Caswell v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


author: Chief Justice Burger,

text:
    No. 85-111.
    Michigan v. Little.
   Ct. App. Mich. Certio-rari denied.

Chief Justice Burger,

with whom Justice Blackmun and Justice Rehnquist join,

dissenting.

In this case, an informant told police that he had made a purchase of narcotics from one James Johnson at Johnson’s home. Based on this information, police secured search warrants for Johnson and for his home. Before executing the warrants, one of the police officers purchased heroin from Johnson in Johnson’s backyard. Shortly thereafter, police went to the house, announced their authority, presence, and purpose, and entered. They arrested Johnson and seized packets of heroin he had tried to throw away. Officer Allen then noticed respondent in an adjacent room. Allen made a “patdown” prophylactic search for weapons. He testified that he felt what seemed “to be a coin envelope or narcotics paraphernalia” in respondent’s pocket. Allen removed the envelope and discovered heroin inside. The trial court granted respondent’s motion to suppress the evidence, and the Michigan Court of Appeals affirmed, relying on Ybarra v. Illinois, 444 U. S. 85 (1979).

Ybarra in no sense controls this case. In Ybarra, police obtained a warrant authorizing the search of a public bar and of the bartender. Police entered the bar and immediately searched nearly a dozen patrons, including Ybarra, for weapons. The initial search of Ybarra revealed no weapons. Police returned several minutes later, searched Ybarra again, and found a small packet of heroin. The Court’s holding in Ybarra that the second search violated Ybarra’s Fourth Amendment rights was based on the presence of Ybarra in a public place under circumstances which, in the view of the Court, did not legitimately focus suspicion on Ybarra. Id., at 91.

Here, however, respondent Little was not a member of the public present in a public place. He and Johnson were the only two people present in a dwelling that a Magistrate had determined was probably a center of illicit drug activity. Upon entering Johnson’s home, the police discovered packets of heroin which Johnson had attempted to dispose of, indicating that illicit drug activity had occurred as recently as moments before their entry. Evidence of such activity could have been placed on the person of someone in the premises as easily as it could have been hidden in a dresser drawer. Under the circumstances, the police reasonably concluded that the nexus between respondent Little and the illicit drug activity was sufficiently close to give them probable cause to conduct a cursory search of respondent’s person as part of their search of Johnson’s home pursuant to a valid search warrant.

The Michigan Court of Appeals concluded that the search became unreasonable as soon as Officer Allen discovered that respondent was unarmed; Allen’s determination coincided, however, with his discovery of what he reasonably suspected was narcotics paraphernalia. At that point, Officer Allen could confirm or dispel that suspicion by removing the object, only marginally increasing the intrusiveness of the search. Under these circumstances, the justification for the search outweighed the invasion that the search entailed. The Michigan Court of Appeals misconstrued Ybarra, and its decision represents an unwarranted expansion of our holding in that case. This is the kind of result that undermines public confidence in the administration of justice. I would grant certiorari to give plenary consideration to this case.


text:
    No. 85-314.
    James, Warden v. Tyler.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 85-5283.
    Aspero, aka Roseberry v. Shearson American Express, Inc.
   C. A. 6th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 85-5551.
    No. 85-5608.
    No. 85-5648.
    Hopkinson v. Wyoming. Smith v. North Carolina. Moore v. Indiana.
   Sup. Ct. Wyo.;

Super. Ct. N. C., Halifax County; and

Sup. Ct. Ind. Certiorari denied. Reported below: No. 85-5551, 704 P. 2d 1323; No. 85-5648, 479 N. E. 2d 1264.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 85-5557.
    Grace et al. v. Burger, Chief Justice of the United States, et al.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 84-2016.
    No. 84-6780.
    No. 85-83.
    Greyhound Lines, Inc. v. Wilhite et al., Smith v. Francis, Warden, Zerman v. Melton et al.; Zerman v. Prudential-Bache Securities et al.; and Zerman v. Jacobs et al.,
   ante, p. 910;

ante, p. 925; and

ante, p. 845. Petitions for rehearing denied.


text:
    No. 85-123.
    No. 85-152.
    No. 85-159.
    No. 85-204.
    No. 85-284.
    No. 85-607.
    No. 85-5164.
    No. 85-5171.
    No. 85-5195.
    No. 85-5338.
    No. 85-5456.
    Muka v. Carter, Chief Disciplinary Counsel, Thompson et al. v. First National Bank & Trust Co., Remmenga et ux. v. California Coastal Commission, Chicago Tribune Co. et al. v. Johnson, Director, Illinois Department of Revenue, et al., Hayes v. Cannon et al., Burche v. Caterpillar Tractor Co., Collins et al. v. Illinois, Wilson v. Louisiana, Green v. Schwarzer, U. S. District Judge, Collins v. United States, Bodine v. Department of Transportation et al.,
   ante, p. 895;

ante, p. 895;

ante, p. 915;

ante, p. 915;

ante, p. 903;

ante, p. 971;

ante, p. 935;

ante, p. 911;

ante, p. 921;

ante, p. 922; and

ante, p. 923. Petitions for rehearing denied.


text:
    No. 84-6962.
    Cape v. Francis, Warden,
   ante, p. 911. Motion for leave to file petition for rehearing denied.


author: Justice White,

text:
    December 16, 1985
    No. 85-636.
    Nyflot v. Minnesota Commissioner of Public Safety.
   Appeal from Sup. Ct. Minn, dismissed for want of substantial federal question.

Justice White,

with whom Justice Stevens joins,

dissenting.

Shortly after 1:30 o’clock on the morning of September 23, 1984, appellant Janice Nyflot was arrested for driving under the influence of alcohol. She immediately requested that she be allowed to speak with an attorney, but this request was denied. She was then taken to the local law enforcement center. There, she was advised that state law required that she be tested to determine if she was under the influence of alcohol or a controlled substance and that refusal to allow such a test would result in her driver’s license being revoked for a minimum of one year. She was further advised that refusal to take the test could be offered in evidence against her at trial. Finally, she was told that if she consented to the test and the test indicated that she was under the influence of alcohol or a controlled substance, she would be subject to criminal prosecution and her right to drive could be revoked for a minimum of 90 days. And she was advised that she had the right, after submitting to the testing, to consult with an attorney and to have additional tests done by someone of her own choosing. These admonitions complied with the advice requirements of the state implied consent statute. See Minn. Stat. §169.123, subd. 2(b) (1984).

After being thus advised, Nyflot informed the police officer that she would not submit to testing without first speaking to an attorney. She was again told that she would not be allowed to speak with an attorney before deciding whether to take the test. She again declined to consent to the test. The police officer then informed her that she had effectively refused the test and allowed her to contact her attorney. Immediately after contacting her attorney, she indicated her willingness to take the test, but she was told that she had been deemed to have refused it and could no longer consent. Her license was then revoked for one year based on her refusal.

The state trial court upheld the revocation against Nyflot’s challenge that she had a right to counsel for the purpose of determining whether to consent to the blood alcohol test, which right had been unconstitutionally denied. The Minnesota Court of Appeals reversed, holding that a limited right to counsel was provided by state law. 365 N. W. 2d 266 (1985). The Minnesota Supreme Court, with two justices dissenting, reversed again and upheld the revocation. 369 N. W. 2d 512 (1985).

The Minnesota Supreme Court first rejected the Court of Appeals’ conclusion that a right to counsel in this situation was provided by state law. Then, turning to Nyflot’s federal constitutional challenge, the court held that no Sixth Amendment right to counsel extended to the decision whether to consent to testing. The court reasoned that Kirby v. Illinois, 406 U. S. 682 (1972), concluded that “the Sixth Amendment right to counsel did not attach until judicial proceedings are formally commenced (by indictment, complaint or substitute for complaint).” 369 N. W. 2d, at 516. See also United States v. Gouveia, 467 U. S. 180 (1984). Although acknowledging that this Court has recognized exceptions to this rule for the purposes of protecting a defendant’s Fifth Amendment rights, see, e. g., Miranda v. Arizona, 384 U. S. 436 (1966), the Minnesota Supreme Court concluded that this Court “is unlikely to find other situations requiring a triggering of the right to counsel before the formal initiation of a criminal prosecution” and that “[i]t is also clear that the right to counsel recognized in Miranda does not apply to the limited questioning of a driver to determine if he will consent to a chemical test.” 369 N. W. 2d, at 516 (citing South Dakota v. Neville, 459 U. S. 553, 564 n. 15 (1983)).

Nyflot now appeals, claiming that she had a Sixth Amendment right to counsel with respect to the decision whether to consent to the blood alcohol test. She asserts that in the special context of a driving-while-intoxicated offense, formal proceedings must be considered to have commenced with the issuance of a traffic ticket, which is in essence a summons to appear in court and the functional equivalent of a complaint. Since the ticket could be given before the test (because the driver is not taken in for testing unless she is unable to pass field sobriety or breath tests), the actual police procedures may not be manipulated so as to change the time when adversary proceedings are considered to have begun. Thus, adversary proceedings should be deemed to have been initiated before the test. The right to counsel having attached, Nyflot then argues that the decision whether to consent to the test is a “critical stage” in the proceeding, since it in essence is a decision as to what type of evidence will be available to be used against the driver — the results of the test or the refusal to consent to it. See Gouveia, supra, at 189.

Most of the courts that have considered this issue have rejected the argument that the Sixth Amendment right to counsel covers the stage at which the decision whether to consent to the blood alcohol test must be made. See, e. g., Sites v. State, 300 Md. 702, 711, 481 A. 2d 192 (1984) (collecting cases). A few, however, have found that the Sixth Amendment right to counsel does extend to this stage. See, e. g., Heles v. South Dakota, 530 F. Supp. 646 (SD), vacated as moot, 682 F. 2d 201 (CA8 1982); Forte v. State, 686 S. W. 2d 744 (Tex. App.), review granted by Tex. Ct. App., Oct. 23, 1985, No. 2-84-012-Cr.; State v. Welch, 135 Vt. 316, 376 A. 2d 351 (1977) (superseded by state statutory right to counsel, see State v. Duff, 136 Vt. 537, 394 A. 2d 1145 (1978)). Other courts have found a right to counsel based on state law, see, e. g., State v. Fitzsimmons, 94 Wash. 2d 858, 620 P. 2d 999 (1980), or on general due process guarantees, see, e. g., State v. Newton, 291 Ore. 788, 636 P. 2d 393 (1981) (en banc plurality).

Given these varying results, I would note probable jurisdiction to settle the question presented.


text:
    No. 85-5686.
    Gaines v. Merchants National Bank & Trust Company of Indianapolis.
   Appeal from C.A. 7th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 85-5761.
    Mihal v. Jaffe, Judge, Cuyahoga County Court of Common Pleas.
   Appeal from Sup. Ct. Ohio 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-503.
    In re Disbarment of Smith.
    [For earlier order herein, see 472 U. S. 1014.]
   Disbarment entered.


text:
    No. D-513.
    In re Disbarment of Nash.
    [For earlier order herein, see 473 U. S. 931.]
   Disbarment entered.


text:
    No. D-518.
    In re Disbarment of O’Boyle.
    [For earlier order herein, see ante, p. 896.]
   Disbarment entered.


text:
    No. D-520.
    In re Disbarment of Watson.
    [For earlier order herein, see ante, p. 808.]
   Disbarment entered.


text:
    No. D-521.
    In re Disbarment of Kline.
    [For earlier order herein, see ante, p. 896.]
   Disbarment entered.


text:
    No. D-537.
    In re Disbarment of Kidwell.
   It is ordered that Wesley Earl Kidwell, Jr., of Rockville, Md., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 84-1076.
    Transcontinental Gas Pipe Line Corp. v. State Oil and Gas Board of Mississippi et al.
   Sup. Ct. Miss. [Probable jurisdiction noted, 470 U. S. 1083.] Motion of appellee Coastal Exploration, Inc., for leave to file a supplemental brief after argument granted.


text:
    No. 84-1181.
    New York v. Class.
   Ct. App. N. Y. [Certio-rari granted, 471 U. S. 1003.] Motion of respondent for leave to file a supplemental brief after argument granted.


text:
    No. 84-1728.
    Equal Employment Opportunity Commission v. Federal Labor Relations Authority et al.
   C. A. D. C. Cir. [Certiorari granted, 472 U. S. 1026.] Motion of respondent American Federation of Government Employees, AFL-CIO, National Council of EEOC Locals, for divided argument denied.


text:
    No. 84-1903.
    Posadas de Puerto Rico Associates, dba Condado Holiday Inn v. Tourism Company of Puerto Rico et al.
   Sup. Ct. P. R. [Probable jurisdiction postponed, ante, p. 917.] Motion of American Civil Liberties Union for leave to file a brief as amicus curiae granted.


text:
    No. 85-88.
    Paulussen v. Herion.
   Super. Ct. Pa. [Probable jurisdiction noted, ante, p. 899.] Motion of Neighborhood Legal Services Association for leave to file a brief as amicus curiae granted.


text:
    No. 85-473.
    Cargill, Inc., et al. v. Monfort of Colorado, Inc.
   C. A. 10th Cir. Motion of petitioners for leave to submit Rule 28.1 material under seal granted.

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


text:
    No. 85-541.
    No. 85-584.
    No. 85-717.
    BarclaysAmerican/Credit, Inc. v. Quiller et ux.; Grant et al. v. General Electric Credit Corp.; and Quiller et ux. v. BarclaysAmerican/Credit, Inc.
   C. A. 11th Cir. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

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


text:
    No. 85-5487.
    Smith v. Sielaff, Director, Virginia Department of Corrections.
   C. A. 4th Cir. [Certiorari granted, ante, p. 918.] Motion of New Jersey Department of the Public Advocate for leave to file a brief as amicus curiae granted.


text:
    No. 85-5304.
    In re Ward.
   Petition for writ of mandamus denied.


text:
    No. 85-815.
    In re Davis et al.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 84-6831.
    Ferguson et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 84-6918.
    Wandel v. Colorado.
   Sup. Ct. Colo. Certio-rari denied.


text:
    No. 85-67.
    Robinson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-142.
    Kasvin v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-245.
    No. 85-5323.
    Utz v. United States; and Wellington v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 754 F. 2d 1457.


text:
    No. 85-255.
    No. 85-451.
    Sunnyside Valley Irrigation District v. United States et al.; and Union Gap Irrigation District et al. v. United States et al.
   C. A. 9th Cir. Certiorari denied. Reported below: 763 F. 2d 1032.


text:
    No. 85-471.
    Nordgren et al. v. Milliken, Director, Utah Division of Corrections.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-483.
    Rothman v. New York State Department of Transportation.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-493.
    Reehlman v. McNamara, Judge, United States District Court for the Eastern District of Louisiana.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-501.
    Greenspun v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-537.
    Campbell v. Maine; and Friel v. Maine.
   Sup. Jud. Ct. Me. Certiorari denied. Reported below: 497 A. 2d 467 (first case); 497 A. 2d 475 (second case).


text:
    No. 85-652.
    Stone v. Merit Systems Protection Board et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 85-658.
    Morganstern et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-671.
    Pruessner et al. v. Benton, Superintendent of Public Instruction, et al.
   Sup. Ct. Iowa. Certio-rari denied.


text:
    No. 85-672.
    Cohran v. Carlin et al.
   Sup. Ct. Ga. Cer-tiorari denied.


text:
    No. 85-677.
    Negrito Comercial, S.A. v. Sea-Land Service, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-678.
    United Pacific Insurance Co. et al. v. Aniero Concrete Co., Inc.
   Super. Ct. N. J., App. Div. Cer-tiorari denied.


text:
    No. 85-692.
    Shuba v. Austintown Board of Education.
   Ct. App. Ohio, Mahoning County. Certiorari denied.


text:
    No. 85-711.
    Pasco v. Immigration and Naturalization Service.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-721.
    Stetz, Personal Representative of the Estate of Attwood v. Grant.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-723.
    Motta v. Samuel Weiser, Inc.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 85-730.
    Farkas v. New York State Department of Health.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-737.
    Pinney Dock & Transport Co. et al. v. Penn Central Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 85-745.
    Hazelwood et ux. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-760.
    Hafner v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 85-783.
    Martin-Trigona v. Federal Communications Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 85-790.
    Cuddy v. Carmen, Administrator, General Services Administration.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 85-830.
    Ellington v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-845.
    Demjanjuk v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-846.
    Demjanjuk v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-848.
    Dragatsis et ux. v. Commissioner of Internal Revenue.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-865.
    No. 85-5900.
    Lambert v. United States; and Block v. United States.
   C. A. 6th Cir. Certiorari denied. Reported below: 771 F. 2d 83.


text:
    No. 85-869.
    Light v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 85-5278.
    Brown v. Florida.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 85-5322.
    Van Hoff v. Iowa.
   Ct. App. Iowa. Certio-rari denied.


text:
    No. 85-5347.
    Nichols v. Texas.
   Ct. App. Tex., 3d Sup. Jud. Dist. Certiorari denied.


text:
    No. 85-5356.
    Hernandez v. United States Bureau of Prisons.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 85-5370.
    Harrelson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-5372.
    Levitt v. Monroe et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 85-5445.
    In re Martin-Trigona.
   C. A. 1st Cir. Cer-tiorari denied.


text:
    No. 85-5337.
    Scheppf v. King, Secretary, Louisiana Department of Corrections, et al.
   Ct. App. La., 1st Cir. Certiorari denied.


text:
    No. 85-5657.
    Rodriguez v. Hollahan, Warden.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 85-5659.
    Mally v. New York University.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-5660.
    Day v. Wettman, Judge, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-5662.
    Groshon v. Douglas.
   C. A. 10th Cir. Certio-rari denied.


text:
    No. 85-5664.
    Warden v. Wyrick, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5666.
    Burton v. Evan et al.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 85-5667.
    Burton v. Diamond et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-5668.
    Mally v. New York University et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-5673.
    Stamps v. Pima County Superior Court et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-5682.
    Gregory v. Auger, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 85-5684.
    Bowen v. Foltz, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-5691.
    Romer v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 85-5695.
    Frazier v. Placer Savings & Loan Assn. et al.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 85-5719.
    Scanland v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 85-5721.
    Cowell v. Alabama.
   Sup. Ct. Ala. Certio-rari denied.


text:
    No. 85-5754.
    Bryant v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 85-5758.
    Okello v. Department of Health and Human Services.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-5770.
    Brown v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-5772.
    Davis v. United States.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 85-5773.
    Derksen v. Commissioner of Internal Revenue.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 85-5795.
    Yellen v. Colorado.
   Sup. Ct. Colo. Certio-rari denied.


text:
    No. 84-750.
    Eastern Air Lines, Inc. v. Winbourne.
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 85-237.
    Henry et al. v. City of Detroit Manpower Department et al.
   C. A. 6th Cir. Certiorari denied.

Justice White,

with whom Justice Blackmun joins,

dissenting.

The issue presented in this case is whether an order denying a civil rights plaintiff’s motion for appointment of counsel is a final decision appealable as a matter of right under 28 U. S. C. § 1291. Three among petitioners are Title VII plaintiffs who moved for and were denied appointment of counsel pursuant to 42 U. S. C. §2000e-5(f)(l)(B); a fourth petitioner, a plaintiff in an action under 42 U. S. C. § 1983, moved for and was denied appointment of counsel pursuant to 28 U. S. C. § 1915(d). Petitioners appealed to the United States Court of Appeals for the Sixth Circuit, which dismissed the appeals on the grounds that the orders denying appointment of counsel are not final for purposes of 28 U. S. C. § 1291. 763 F. 2d 757 (1985). This decision, while not without support among the Courts of Appeals, conflicts with the decisions in Caston v. Sears, Roebuck, & Co., Hattiesburg, Miss., 556 F. 2d 1305 (CA5 1977) (order denying appointment of counsel pursuant to §2000e-5(f)(l)(B) is final for purposes of § 1291), and Slaughter v. City of Maplewood, 731 F. 2d 587 (CA8 1984) (to the same effect). I would grant certiorari to resolve this conflict among the Courts of Appeals on this plainly recurring question.


text:
    No. 85-307.
    Estate of Rockefeller et al. v. Commissioner of Internal Revenue.
   C. A. 2d Cir. Certiorari denied.

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


text:
    No. 85-461.
    Control Data Corp. v. C. E. Services, Inc.
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 85-5658.
    Mally v. International Business Machines Corp. et al.
   C. A. 2d Cir. Certiorari denied.

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


text:
    No. 85-484.
    Miller v. United States.
   C. A. 2d Cir. Cer-tiorari denied.

Justice White would grant certiorari.


text:
    No. 85-570.
    Holloway v. Walker, Judge, 162d Judicial District Court of Dallas County, Texas.
   C. A. 5th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 85-586.
    Caylor v. City of Red Bluff et al.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.

Justice White,

with whom Justice Brennan joins,

dissenting.

In Patsy v. Florida Board of Regents, 457 U. S. 496 (1982), this Court held that exhaustion of state administrative remedies is not a prerequisite to bringing an action in federal court under 42 U. S. C. §1983. In the present case, the California Court of Appeal held that Patsy applies only in the context of a § 1983 suit brought in federal court. Because petitioner was suing in a California court for employment discrimination without having exhausted the possibility of remedies through a complaint to the California Fair Employment Practices Commission, his § 1983 suit was held properly dismissed. This holding postponing the federal § 1983 remedy pending pursuit of state remedies is questionable under Patsy, and conflicts with the decision of the Connecticut Supreme Court in Fetterman v. University of Connecticut, 192 Conn. 539, 473 A. 2d 1176 (1984), where Patsy was held to prevent state as well as federal courts from imposing a requirement of exhaustion of state administrative remedies on § 1983 plaintiffs. I would grant certiorari to resolve this conflict.


text:
    No. 85-659.
    Hopfmann v. United States Federal Election Commission et al.
   C. A. D. C. Cir. Motion of The Free Congress Research and Education Foundation for leave to file a brief as amicus curiae granted. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certio-rari denied.


text:
    No. 85-5642.
    No. 85-5663.
    No. 85-5665.
    No. 85-5694.
    No. 85-5701.
    Hance v. Georgia. Conklin v. Georgia. Bell v. Alabama. McKague v. Nevada. Brown v. Florida.
   Sup. Ct. Ga.;

Sup. Ct. Ga.;

Sup. Ct. Ala.;

Sup. Ct. Nev.; and

Sup. Ct. Fla. Certiorari denied. Reported below: No. 85-5642, 254 Ga. 575, 332 S. E. 2d 287; No. 85-5663, 254 Ga. 558, 331 S. E. 2d 532; No. 85-5665, 475 So. 2d 609; No. 85-5694, 101 Nev. 327, 705 P. 2d 127; No. 85-5701, 473 So. 2d 1260.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 85-5693.
    Owens, by his Guardian ad Litem, Owens v. Bourns, Inc., et al.
   C. A. 4th Cir. Motion of National Federation of the Blind for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 85-368.
    No. 85-5180.
    No. 85-5395.
    Seibold v. UNR-Rohn Co., Madej v. Illinois, Fowler v. Southeast Toyota Distributors, Inc., et al.,
   ante, p. 920;

ante, p. 935; and

ante, p. 951. Petitions for rehearing denied.


text:
    December 19, 1985
    No. 85-733.
    Farm Stores, Inc. v. Texaco Inc.
   C. A. 11th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    December 20, 1985
    No. 85-173.
    Key International Manufacturing, Inc. v. Morse/Diesel, Inc., et al.
   C. A. 2d Cir. Certiorari dismissed as to respondents Den-Al Realty Corp. and Carden Construction Corp. under this Court’s Rule 53.


author:
Justice Brennan,
      Justice Marshall,

text:
    January 9, 1986
    No. 85-6155 (A-531).
    Roach v. Aiken, Warden, et al.
   C. A. 4th Cir. Application for stay of execution of sentence of death scheduled for Friday, January 10, 1986, presented to

The Chief Justice, and by him referred to the Court, denied. Certiorari denied.

Justice Brennan,

with whom Justice Marshall joins,

dissenting.

I adhere to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227 (1976) (Brennan, J., dissenting). Accordingly, I would vacate the death sentence and remand the case so that the state court can determine what sentence — other than death — may be appropriate.

In addition, this case affords us an opportunity to address the important question whether an accused may, consistent with the Eighth and Fourteenth Amendments, be sentenced to death for a capital offense he committed while a juvenile. Although “[cjrimes committed by youths may be just as harmful to victims as those committed by older persons, . . . they deserve less punishment because adolescents may have less capacity to control their conduct and to think in long-range terms than adults.” Twentieth Century Fund Task Force on Sentencing Policy Toward Young Offenders, Confronting Youth Crime 7 (1978). As we stated in Eddings v. Oklahoma, 455 U. S. 104 (1982):

“[Youth] is a time and condition of life when a person may be most susceptible to influence and to psychological damage. Our history is replete with laws and judicial recognition that minors, especially in their earlier years, generally are less mature and responsible than adults. Particularly ‘during the formative years of childhood and adolescence, minors often lack the experience, perspective, and judgment’ expected of adults. Bellotti v. Baird, 443 U. S. 622, 635 (1979).” Id., at 115-116 (footnotes omitted).

The need for solicitude for the particular susceptibility of juveniles is well reflected by the facts of this case. The trial judge found that petitioner acted under duress or under the domination of an older person, and that he was suffering from mental retardation and a personality disorder. See Roach v. Martin, 757 F. 2d 1463, 1468-1469 (CA4 1985). In addition, petitioner now presents evidence suggesting that he suffers from the debilitating effects of Huntington’s disease. Under these circumstances, even accepting the Court’s current interpretation of the Eighth Amendment, sentencing petitioner to death may be inconsistent with the “ ‘evolving standards of decency that mark the progress of a maturing society,’” Gregg v. Georgia, supra, at 173 (quoting Trop v. Dulles, 356 U. S. 86, 101 (1958) (plurality opinion of Warren, C. J.)), and may provide no more than “marginal contributions to any discernible social or public purposes.” Furman v. Georgia, 408 U. S. 238, 312 (1972) (White, J., concurring). “Even if some percentage of adults are deterred by the death penalty, the deterrent effect tends to lose much of its power when imposed upon an adolescent.” Streib, Death Penalty for Children: The American Experience with Capital Punishment for Crimes Committed While Under Age Eighteen, 36 Okla. L. Rev., 613, 639 (1983). I would grant the petition for certiorari to resolve this important issue, and would stay petitioner’s execution until we decide the matter. At the very least, in light of the evidence suggesting that petitioner suffers from Huntington’s disease, I agree with Justice Marshall that the stay should be granted and the case held pending our decision in Ford v. Wainwright, No. 85-5542, cert, granted, ante, p. 1019.

Justice Marshall,

with whom Justice Brennan joins,

dissenting.

The State of South Carolina intends to execute petitioner James Terry Roach tomorrow, January 10, 1986, at 5 a.m. At approximately noon today, four hours after he presented his federal habeas claims to the Court of Appeals and was denied all relief, petitioner came to this Court, seeking a stay of execution and a writ of certiorari. Among other claims, Roach’s counsel contends that Roach has been rendered so mentally incompetent by Huntington’s disease that his execution would offend the contemporary standards of decency embodied in the Eighth Amendment. One month ago, this Court granted certiorari to resolve the issues whether the execution of the presently mentally incompetent offends the Eighth Amendment and, if it does, what process is due a condemned prisoner who might lack any understanding of the penalty he faces. Ford v. Wainwright, No. 85-5542, cert. granted, ante, p. 1019. Because in the 17 hours allowed it by the regime of Barefoot v. Estelle, 463 U. S. 880 (1983), this Court has decided to allow Roach to go to his death while the question of his execution’s constitutionality is yet to be resolved, I must dissent from the denial of petitioner’s application for a stay of execution.

In 1977, several months before his 18th birthday, petitioner pleaded guilty to two counts of murder and charges of criminal sexual assault, kidnaping, and armed robbery. At the capital sentencing hearing, a psychiatrist appearing on Roach’s behalf testified that while Roach was mentally retarded, he could not, at that time, be diagnosed as suffering from Huntington’s disease. Huntington’s disease is an inherited disorder of movement, personality, and thought that often does not manifest itself until an individual has reached adulthood. Roach v. Martin, 757 F. 2d 1463, 1473 (CA4 1985). After considering this and other mitigating factors, however, the trial judge sentenced Roach to death on both murder counts. The conviction and sentence were upheld on direct review, State v. Shaw (Roach), 273 S. C. 194, 255 S. E. 2d 799 (1979), and this Court denied certiorari, 444 U. S. 1026 (1980).

In his first federal habeas petition, Roach urged that he had indeed inherited Huntington’s disease from his mother, who had already been diagnosed as having that disorder in an early stage. Roach further alleged that, were he given the opportunity to prove this fact, he could raise doubts as to both his competency to stand trial and the appropriateness of his death sentence. It appears that Roach did not press any claim of his present incompetence to be executed, for, in affirming the District Court’s denial of his habeas petition, the Court of Appeals concluded:

“[E]ven assuming arguendo that Roach does in fact have the Huntington’s gene, in which case HD [Huntington’s disease] will inevitably manifest its symptoms, we can see no way that this fact alone would alter Roach’s conviction and sentence. In other words, a determination today that Roach has the HD gene would not affect the findings that Roach was sane at the time of the offenses and that he was competent to stand trial, and is now competent.” 757 F. 2d, at 1474.

The petition now before this Court, however, goes beyond mere allegations that Roach suffers from an as-yet-unmanifested genetic disorder. Accompanying his petition is an affidavit by Dr. William H. Olsen, a distinguished neurologist who, less than two weeks ago, was the first neurologist to have examined Roach in the last five years. Dr. Olsen not only found that there is a “reasonable degree of certainty” that Roach suffers from Huntington’s disease, but also made a preliminary finding that Roach suffers from the mental deterioration that is a characteristic symptom of the disorder. Dr. Olsen’s conclusion, though admittedly preliminary, raises substantial doubts as to whether Roach has any understanding that he is scheduled to die tomorrow morning. Certainly, nothing in the State’s papers assuages these doubts.

Neither this Court nor the State of South Carolina is now in a position to ascertain whether Roach is indeed sufficiently competent to face his execution with the dignity that is the final right we allow even the most heinous criminals. What we can do is allow Roach’s counsel and experts the time and opportunity to make such a showing. The Court’s refusal to do so even while it prepares to hear a case in which another condemned man raises a similar claim, provides yet another stark example of the arbitrariness with which the death penalty is administered in the United States today. I would grant the stay and defer consideration of Roach’s petition for certiorari pending this Court’s decision in Ford v. Wainwright, supra.

      See Note, Summary Processes and the Rule of Law: Expediting Death Penalty Cases in the Federal Courts, 95 Yale L. J. 349 (1985).


text:
    January 13, 1986
    No. 85-749.
    Michelle Marie W., a Minor by and Through her Guardian ad Litem, Williams, et al. v. Riley et al.
   Appeal from Sup. Ct. Cal. dismissed for want of substantial federal question.

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


text:
    No. 85-773.
    Atlantic Richfield Co. et al. v. Alaska et al.
   Appeal from Sup. Ct. Alaska dismissed for want of substantial federal question.

The Chief Justice, Justice White, and Justice Stevens would note probable jurisdiction and set case for oral argument. Justice Powell took no part in the consideration or decision of this case.


text:
    No. 85-787.
    Daves v. State Bar of Texas.
   Appeal from Ct. App. Tex., 7th Sup. Jud. Dist. dismissed for want of substantial federal question.


text:
    No. 85-5455.
    Garcia, aka Travalino v. Dixon 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. 85-5853.
    Royse v. United States et al.
   Appeal from D. C. W. D. Wash, dismissed for want of jurisdiction.


text:
    No.-.
    Ramirez v. California.
   Motion to permit petitioner to proceed in forma pauperis without submitting an affidavit of indigency denied.


text:
    No. A-436.
    Diaz v. United States.
   Application for release on bail pending trial, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-453 (85-5989).
    Horan v. United States.
   C. A. 3d Cir. Application for stay, addressed to Justice Marshall and referred to the Court, denied.


text:
    No. D-525.
    In re Disbarment of Phelps.
   Robert Edward Phelps, Jr., of Houston, Tex., 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 October 21, 1985 [ante, p. 917], is hereby discharged.


text:
    No. D-528.
    In re Disbarment of Larkin.
    [For earlier order herein, see ante, p. 941.]
   Disbarment entered.


text:
    No. D-530.
    In re Disbarment of Siegfried.
   Scott Thomas Siegfried, of Wadsworth, Ohio, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on November 4, 1985 [ante, p. 941], is hereby discharged.


text:
    No. D-538.
    In re Disbarment of Vetter.
   It is ordered that William V. Vetter, of Tacoma, Wash., 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-539.
    In re Disbarment of Mueller.
   It is ordered that Donald H. Mueller, of Milwaukee, Wis., 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-540.
    In re Disbarment of Chosid.
   It is ordered that Richard G. Chosid, of Bloomfield Hills, Mich., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-541.
    In re Disbarment of Boulding.
   It is ordered that Calvin Roosevelt Boulding, of Houston, Tex., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 84,
    Orig.
    United States v. Alaska.
    [For earlier order herein, see, e. g., 465 U. S. 1018.]
   Application of the Special Master for award of interim compensation granted, and the Special Master is awarded interim compensation in the amount of $75,000 to be paid by the State of Alaska and the United States in equal portions.


text:
    No. 104,
    Orig.
    New Jersey v. Nevada et al.
    [For earlier order herein, see ante, p. 917.]
   It is ordered that the Honorable Wade H. McCree, Jr., of Ann Arbor, Mich., be appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and the authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Master is directed to submit such reports as he may deem appropriate.

The Master shall be allowed his actual expenses. The allowances to him, the compensation paid to his technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.

It is further ordered that if the position of Special Master in this case becomes vacant during a recess of the Court, The Chief Justice shall have authority to make a new designation which shall have the same effect as if originally made by the Court.

Motion of City of Las Vegas to be dismissed as a party defendant is referred to the Special Master.


text:
    No. 84-1076.
    Transcontinental Gas Pipe Line Corp. v. State Oil and Gas Board of Mississippi et al.
   Sup. Ct. Miss. [Probable jurisdiction noted, 470 U. S. 1083.] Motion of appellant for leave to file a supplemental brief after argument granted.


text:
    No. 84-1545.
    Miller-Wohl Co., Inc. v. Commissioner of Labor and Industry of Montana et al.
   Appeal from Sup. Ct. Mont. Motions of Chamber of Commerce of the United States, Equal Employment Advisory Council, and American Civil Liberties Union et al. for leave to file briefs as amici curiae granted.


text:
    No. 84-1656.
    Local 28 of the Sheet Metal Workers’ International Assn. et al. v. Equal Employment Opportunity Commission et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 815.] Motion of the Solicitor General for divided argument and for additional time for oral argument denied. Motion of North Carolina Association of Black Lawyers for leave to participate in oral argument as amicus curiae, for divided argument, and for additional time for oral argument, or in the alternative, for appointment of counsel to brief and argue in support of judgment below as amicus curiae denied.


text:
    No. 84-1667.
    Bethel School District No. 403 et al. v. Fraser, a Minor, et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 814.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument denied.


text:
    No. 84-1726.
    East River Steamship Corp. et al. v. Transamerica Delaval Inc.
   C. A. 3d Cir. [Certiorari granted, ante, p. 814.] Motions of Pott Industries Inc. and Product Liability Advisory Council, Inc., et al. for leave to file briefs as amici curiae granted. Motion of Ingram River Equipment, Inc., for leave to file a brief as amicus curiae denied.


text:
    No. 84-1903.
    Posadas de Puerto Rico Associates, dba Condado Holiday Inn v. Tourism Company of Puerto Rico et al.
   Sup. Ct. P. R. Motions for leave to file briefs as amici curiae filed by the following are granted: American Association of Advertising Agencies, Inc., Atlantic City Casino Association, American Federation of Labor and Congress of Industrial Organizations, American Newspaper Publishers Association, National Broadcasting Co., Inc., and American Broadcasting Cos., Inc., et al.


text:
    No. 84-1905.
    Bowen, Secretary of Health and Human Services v. Owens et al.
   D. C. C. D. Cal. [Probable jurisdiction noted sub nom. Heckler v. Owens, ante, p. 899.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 85-385.
    Brock, Secretary of Labor v. Pierce County.
   C. A. 9th Cir. [Certiorari granted, ante, p. 944.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 85-434.
    United States v. James et al.
   C. A. 5th Cir. [Certiorari granted, ante, p. 978.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 84-1973.
    Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Engineering, P. C., et al.
   Sup. Ct. N. D. [Certiorari granted, ante, p. 900.] Motions of Standing Rock Sioux Tribe et al. and Turtle Mountain Band of Chippewa Indians for leave to file briefs as amici curiae granted.


text:
    No. 84-1974.
    Rose, Warden v. Clark.
   C. A. 6th Cir. [Certiorari granted, ante, p. 816.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 84-1979.
    Meritor Savings Bank, FSB v. Vinson et al.
   C. A. D. C. Cir. [Certiorari granted sub nom. PSFS Savings Bank v. Vinson, ante, p. 815.] Motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae granted.


text:
    No. 84-1999.
    Local Number 93, International Association of Firefighters, AFL-CIO, C. L. C. v. City of Cleveland et al.
   C. A. 6th Cir. [Certiorari granted, ante, p. 816.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. Motion of respondent Vanguards of Cleveland for divided argument granted. Motion of respondents City of Cleveland et al. for divided argument granted.


text:
    No. 85-5.
    Pennsylvania et al. v. Delaware Valley Citizens’ Council for Clean Air et al.
   C. A. 3d Cir. [Certio-rari granted, ante, p. 815.] Motion of the Solicitor General for divided argument granted.


text:
    No. 85-62.
    Maine v. Taylor et al.
   C. A. 1st Cir. [Probable jurisdiction postponed, ante, p. 943.] Motion of the Solicitor General for divided argument granted.


text:
    No. 85-88.
    Paulussen v. Herion.
   Super. Ct. Pa. [Probable jurisdiction noted, ante, p. 899.] Motion of Children’s Defense Fund et al. for leave to participate in oral argument as amici curiae and for divided argument denied.


text:
    No. 85-198.
    Celotex Corp. v. Catrett, Administratrix of the Estate of Catrett.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 944.] Motion of Motor Vehicle Manufacturers Association of the United States, Inc., et al. for leave to file a brief as amici curiae granted.


text:
    No. 85-227.
    Smalis et al. v. Pennsylvania.
   Sup. Ct. Pa. [Certiorari granted, ante, p. 944.] Motion of petitioners to dispense with printing the joint appendix granted.


text:
    No. 85-390.
    City of Los Angeles et al. v. Preferred Communications, Inc.
   C. A. 9th Cir. [Certiorari granted, ante, p. 979.] Motion of Nicholas W. Carlin for leave to file a brief as amicus curiae granted.


text:
    No. 85-530.
    O’Connor et al. v. Ortega.
   C. A. 9th Cir. [Certiorari granted, ante, p. 1018.] Motion of respondent for leave to proceed further herein in forma pauperis denied. Motion of respondent for appointment of counsel denied.


text:
    No. 85-581.
    Bulloch et al. v. Pearson et al.
   C. A. 10th Cir. Motion of Scott M. Matheson for leave to file a brief as amicus curiae granted.

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


text:
    No. 85-641.
    Hatch et al. v. Reliance Insurance Co.,
   ante, p. 1021. Motion of respondent for award of damages granted, and damages in the amount of $500 are awarded pursuant to this Court’s Rule 49.2.

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


text:
    No. 85-736.
    Kemp, Warden v. Thomas.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted.


text:
    No. 85-5821.
    Wade v. United States.
   C. A. 5th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until February 3, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 85-5845.
    In re Tripati.
   Petition for writ of habeas corpus denied.


text:
    No. 85-5670.
    No. 85-5755.
    In re Coles; and In re Johnson.
   Petitions for writs of mandamus denied.


text:
    No. 85-5799.
    No. 85-5800.
    In re Rodman; and In re Rodman.
   Petitions for writs of prohibition denied.


text:
    No. 85-637.
    Hodel, Secretary of the Interior v. Irving et al.
   Appeal from C. A. 8th Cir. Probable jurisdiction noted.


text:
    No. 85-656.
    Munro, Secretary of State of Washington v. Socialist Workers Party et al.
   Appeal from C. A. 9th Cir. Probable jurisdiction noted.


text:
    No. 85-701.
    Federal Election Commission v. Massachusetts Citizens for Life, Inc.
   Appeal from C. A. 1st Cir. Probable jurisdiction noted.


text:
    No. 85-766.
    Tashjian, Secretary of State of Connecticut v. Republican Party of Connecticut et al.
   Appeal from C. A. 2d Cir. Probable jurisdiction noted.


text:
    No. 85-494.
    California Federal Savings & Loan Assn. et al. v. Guerra, Director, Department of Fair Employment and Housing, et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 85-767.
    North Carolina Department of Transportation et al. v. Crest Street Community Council, Inc., et al.
   C. A. 4th Cir. Certiorari granted.


text:
    No. 85-236.
    Eichenlaub v. Yurky et al.
   C. A. 3d Cir. Motion of respondent Yurky for leave to proceed informa paupe-ris and certiorari granted.


text:
    No. 85-303.
    Missouri v. Blair.
   Sup. Ct. Mo. Motion of respondent for leave to proceed in forma pauperis and certiorari granted.


text:
    No. 85-473.
    Cargill, Inc., et al. v. Monfort of Colorado, Inc.
   C. A. 10th Cir. Certiorari granted.

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


text:
    No. 85-558.
    No. 85-559.
    No. 85-560.
    O’Connor et ux. v. United States; Coplin et ux. v. United States; and Mattox et ux. v. United States.
   C. A. Fed. Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 761 F. 2d 688.