author: Justice Brennan and Justice Marshall,

text:
    No. 86-5991.
    No. 86-6094.
    Mulligan v. Kemp, Warden. Tucker v. Kemp, Warden.
   C. A. 11th Cir.; and

C. A. 11th Cir. Certiorari denied.

Justice Blackmun would grant certiorari.

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.


source: Caselaw Access Project

license: Public Domain

text:
    No. 86-6204.
    No. 86-6227.
    McMurtrey v. Arizona. Thomas v. Dugger, Secretary, Florida Department of Corrections.
   Sup. Ct. Ariz.; and

Sup. Ct. Fla. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 85-7163.
    Lockhart v. McCotter, Director, Texas Department of Corrections,
   479 U. S. 1030. Petition for rehearing denied.


text:
    No. 86-359.
    No. 86-710.
    No. 86-726.
    No. 86-745.
    No. 86-918.
    No. 86-5510.
    No. 86-5632.
    No. 86-5724.
    No. 86-5735.
    No. 86-5757.
    No. 86-5882.
    No. 86-5978.
    Castro Gonzalez v. Puerto Rico et al., Slade v. United States of Mexico, Baker v. Los Angeles Herald Examiner et al., Vermont Department of Social and Rehabilitation Services v. Bowen, Secretary of Health and Human Services, et al., City and County of San Francisco et al. v. Christian Science Reading Room Jointly Maintained et al., Feldman v. United States, Scinto v. United States, Tauvar v. Bar Harbor Congregation of Jehovah’s Witnesses, Inc., et al., Hubbard v. Onion, Royal v. Exxon U. S. A. Chemical Department, Harrison v. Bowen, Secretary of Health and Human Services, McDonald v. Alabama,
   479 U. S. 1024;

479 U. S. 1032;

479 U. S. 1032;

479 U. S. 1064;

479 U. S. 1066;

479 U. S. 1067;

479 U. S. 1037;

479 U. S. 1038;

479 U. S. 1038;

479 U. S. 1038;

479 U. S. 1042; and

479 U. S. 1061. Petitions for rehearing denied.


text:
    No. 86-5809.
    Poindexter v. Federal Bureau of Investigation,
   479 U. S. 1047. Petition for rehearing denied.

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


text:
    March 9, 1987
    No. 86-1178.
    Dippel v. Taco Bell Corp.
   Appeal from Ct. App. Mo., Eastern Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 86-1198.
    Chevron U. S. A. Inc. v. LOR, Inc., et al.
   Appeal from Ct. App. La., 1st Cir., dismissed for want of substantial federal question.


text:
    No. 86-6266.
    Middleton v. Oregon.
   Appeal from Ct. App. Ore. dismissed for want of substantial federal question.


text:
    No. 86-5699.
    Gorman v. Maryland.
   Ct. Sp. App. Md. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Griffith v. Kentucky, 479 U. S. 314 (1987).


text:
    No.-.
    No.-.
    Evans v. Foltz, Warden; and Drivers, Chauffeurs & Helpers Local Union No. 639, Affiliated With International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. National Labor Relations Board et al.
   Motions to direct the Clerk to file the petitions for writs of certio-rari out of time denied.


text:
    No. A-535.
    Lewingdon et al. v. Celeste et al.
   C. A. 6th Cir. Application for certificate of probable cause, addressed to The Chief Justice and referred to the Court, denied.


text:
    No. A-610.
    In re Gracey.
   C. A. 3d Cir. Application for stay, addressed to Justice O’Connor and referred to the Court, denied.


text:
    No. A-633.
    Graham, as Executor of the Estate of Graham v. Teledyne-Continental Motors, a Division of Teledyne Industries, Inc., et al.
   C. A. 9th Cir. Application for recall and stay of mandate and injunction, addressed to The Chief Justice and referred to the Court, denied.

Justice Brennan and Justice Stevens would grant the application.


text:
    No. D-578.
    In re Disbarment of Alker.
   Disbarment entered. [For earlier order herein, see 479 U. S. 912.]


text:
    No. D-596.
    In re Disbarment of Kramer.
   Disbarment entered. [For earlier order herein, see 479 U. S. 1025.]


text:
    No. D-612.
    In re Disbarment of Bing.
   It is ordered that James Bing, of New York, 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.

      For the Court’s order prescribing amendments to the Federal Rules of Criminal Procedure, see post, p. 1043.


text:
    No. D-613.
    In re Disbarment of Sassower.
   It is ordered that George Sassower, of White Plains, 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-614.
    In re Disbarment of Briggs.
   It is ordered that William Leon Briggs, of Fort Wayne, Ind., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-615.
    In re Disbarment of Abrahams.
   It is ordered that Maurice Meier Abrahams, of New York, 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-616.
    In re Disbarment of Decious.
   It is ordered that Kit Conelly Decious, of Brooklyn, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court.


text:
    No. 85-1835.
    California v. Rooney.
   Ct. App. Cal., 2d App. Dist. [Certiorari granted, 479 U. S. 881.] Motion of respondent for divided argument denied.


text:
    No. 86-44.
    Shearson/American Express Inc. et al. v. McMahon et al.
   C. A. 2d Cir. [Certiorari granted, 479 U. S. 812.] Motion of Carvel Gordon Dillard for leave to file a brief as amicus curiae out of time denied.


text:
    No. 86-246.
    Sumner, Director, Nevada Department of Prisons, et al. v. Shuman.
   C. A. 9th Cir. [Certiorari granted, 479 U. S. 948.] Motion of respondent for divided argument denied.


text:
    No. 86-492.
    Boyle, Personal Representative of the Heirs and Estate of Boyle v. United Technologies Corp.
   C. A. 4th Cir. [Certiorari granted, 479 U. S. 1029.] Motion of Joan S. Tozer et al. for leave to file a brief as amici curiae granted.

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


text:
    No. 86-497.
    No. 86-531.
    Agency Holding Corp. et al. v. MalleyDuff & Associates, Inc.; and Crown Life Insurance Co. et al. v. Malley-Duff & Associates, Inc., et al.
   C. A. 3d Cir. [Certiorari granted, 479 U. S. 983.] Motions of A. J. Cunningham Packing Corp. et al. and HMK Corp. for leave to file briefs as amici curiae granted.


text:
    No. 86-1383.
    New York Land Co. et al. v. Republic of the Philippines.
   C. A. 2d Cir. Application of respondent for an extension of time within which to file a brief in opposition to the petition for writ of certiorari, presented to Justice Marshall, and by him referred to the Court, is granted and the time is extended to and including April 24, 1987.

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


text:
    No. 86-5020.
    Booth v. Maryland.
   Ct. App. Md. [Certio-rari granted, 479 U. S. 882.] Motion of Sunny Von Bulow National Victim Advocacy Center, Inc., et al. for leave to file a brief as amici curiae out of time denied.


text:
    No. 86-6207.
    In re Hamm.
   Petition for writ of mandamus denied.


text:
    No. 85-1765.
    Bankers Life & Casualty Co. v. Crenshaw.
   Appeal from Sup. Ct. Miss. Probable jurisdiction noted.

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


text:
    No. 86-787.
    Hicks, District Attorney for County of Orange, California, Acting on Behalf of Feiock v. Feiock.
   Ct. App. Cal., 4th App. Dist. Certiorari granted.


text:
    No. 86-957.
    Liljeberg v. Health Services Acquisition Corp.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 86-622.
    No. 86-737.
    Traynor v. Turnage, Administrator, Veterans’ Administration, et al. McKelvey v. Turnage, Administrator of Veterans’ Affairs, et al.
   C. A. 2d Cir.; and

C. A. D. C. Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument.

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


text:
    No. 86-946.
    No. 86-947.
    Employment Division, Department of Human Resources of the State of Oregon, et al. v. Smith; and Employment Division, Department of Human Resources of the State of Oregon, et al. v. Black.
   Sup. Ct. Ore. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument.


text:
    No. 86-995.
    No. 86-1016.
    Murray v. United States; and Carter v. United States.
   C. A. 1st Cir. Certiorari granted in No. 86-995 limited to Question I presented by the petition. Certiorari granted in No. 86-1016 limited to Question II presented by the petition. Cases consolidated and a total of one hour allotted for oral argument.


text:
    No. 85-359.
    County of Wayne et al. v. Marchese.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-1048.
    Vippolis et al. v. Village of Haverstraw, New York, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 85-1192.
    City of Shepherdsville, Kentucky, et al. v. Rymer.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-1485.
    Walker v. Ohio.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 85-1585.
    City of Borger, Texas, et al. v. Grand-staff, Individually and as Representative of the Estate of Grandstaff, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 85-6886.
    Jackson v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 85-7052.
    White v. Arn, Superintendent, Ohio Reformatory for Women.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-554.
    Stewart et al. v. New Prairie Classroom Teachers Assn.
   Ct. App. Ind. Certiorari denied.


text:
    No. 86-828.
    Southwestern Sheet Metal Works, Inc. v. Semco Manufacturing, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-878.
    Hobson v. Connecticut.
   App. Ct. Conn. Certiorari denied.


text:
    No. 86-880.
    Humphrey et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-909.
    Jackson et al. v. People’s Republic of China.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-926.
    Eling et al. v. Jones, Minnesota Chief Public Defender.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-979.
    Dorsey et al. v. Howard.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-989.
    No. 86-1177.
    Ward, Police Commissioner of the City of New York, et al. v. Olivieri et al.; and Olivieri et al. v. Ward, Police Commissioner of the City of New York, et al.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 86-991.
    Coombs, Natural Mother of Christopher J. v. Maine Department of Human Services.
   Sup. Jud. Ct. Me. Certiorari denied.


text:
    No. 86-998.
    Japan Air Lines Co., Ltd., et al. v. Dole, Secretary of Transportation.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 86-1000.
    Wheeler et al. v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-1004.
    Technograph Liquidating Trust v. General Motors Corp.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-1012.
    Ruth v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 86-1043.
    Gonzalez v. Shell Oil Co.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-1092.
    No. 86-1166.
    City of Cape Girardeau, Missouri v. Westborough Mall, Inc., et al.; and May Department Stores Co. et al. v. Westborough Mall, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-1154.
    Letterman Brothers Energy Program 1980-2 et al. v. BancTexas Dallas, N. A.
   C. A. 5th Cir.

Certiorari denied.


text:
    No. 86-1157.
    County of Suffolk v. Graseck.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-1164.
    Rayner et al. v. Clendening.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-1165.
    Goostree v. Montgomery County Quarterly Court et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-1176.
    Lippo, dba Walden-Woodfield Service Station v. Mobil Oil Corp.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-1179.
    Technograph Liquidating Trust v. General Motors Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-1180.
    Richard v. Sherrier.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 86-1181.
    Keener et al. v. Washington Metropolitan Area Transit Authority et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 86-1183.
    Fowler v. City of Louisville, Kentucky, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-1190.
    Fraver et al. v. North Carolina Farm Bureau Mutual Insurance Co., Inc.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 86-1197.
    Gideon v. Riverside Community College District.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1208.
    Chappell v. GTE Products Corp.
   C. A. 6th

Cir. Certiorari denied.


text:
    No. 86-1235.
    Gluklick et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-1308.
    Baiani v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-1313.
    Shapiro v. Rosa.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 86-5629.
    Jones v. Smith et al.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 86-5701.
    Griffin v. Martin, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5702.
    Halczyczak et al. v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 86-5775.
    Herships v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 86-5837.
    Lee v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 86-5872.
    No. 86-5917.
    No. 86-6143.
    Rosenthal v. United States; Stewart v. United States; and Junker v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-5880.
    Lemmons v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 86-5889.
    Boyd v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 86-5900.
    Atwell v. Blackburn, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-5930.
    Granado v. Commissioner of Internal Revenue.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-5952.
    Trunzo v. Ohio.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 86-5974.
    Owens v. Quinlan et al.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 86-6009.
    Gregg v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-6057.
    Rojas v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 86-6067.
    Nunley v. Johnson, Attorney General of Oklahoma.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-6179.
    Matthews v. Scully, Warden, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-6180.
    Burns v. Trickey.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-6184.
    Rosario v. Thomas.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-6185.
    Vincent v. Brown, Judge.
   Ct. App. La., 1st Cir. Certiorari denied.


text:
    No. 86-6190.
    Craig v. Fleming et al.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 86-6196.
    Humphrey v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6200.
    Strange v. Brown, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-6206.
    Mahdavi v. Shirani.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 86-6210.
    Oliver v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-6215.
    Cazares v. Rockwell International Corp.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6219.
    Koenig v. Solem, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-6225.
    Shipley v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6226.
    Sigler v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6230.
    Drew v. Merit Systems Protection Board.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-6236.
    Stanton v. Young, Superintendent, Waupun Correctional Institution.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-6237.
    Saar v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 86-6238.
    Zulu, aka Robinson v. Blackburn, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6246.
    Hanner v. Mississippi et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6249.
    Hall v. Lane, Director, Illinois Department of Corrections, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-6252.
    Gunderson v. Wisconsin.
   Ct. App. Wis. Certiorari denied.


text:
    No. 86-6256.
    Henry v. Merit Systems Protection Board.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-6262.
    McMichael v. Rouse, Superintendent, Lancaster Correctional Institution, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-6264.
    Word v. United States.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 86-6265.
    Perez-Sanchez v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-6277.
    Lancaster v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 86-6280.
    Allen v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 86-6290.
    Freeman et al. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-6310.
    Mendez-Ortiz v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6335.
    Jackson et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-6342.
    Capote-Monterrey v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 85-1813.
    City of Rensselaer, New York, et al. v. Fiacco.
   C. A. 2d Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 86-776.
    U S West, Inc. v. United States et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 86-1126.
    United Church of the Medical Center et al. v. Illinois Medical Center Commission.
   App. Ct. Ill., 1st Dist. Certiorari denied.

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


text:
    No. 86-1153.
    FBK Realty Corp. v. Crotty, Commissioner, Department of Housing Preservation and Development of the City of New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Motion of Associated Builders & Owners of Greater New York Inc. for leave to file a brief as amicus curiae granted. Certiorari denied.


author: Justice Brennan, Justice White, Justice Marshall,

text:
    No. 86-5307.
    No. 86-6015.
    Williams v. Ohio. Bradley v. Alabama.
   Sup. Ct. Ohio; and

Sup. Ct. Ala. Certio-rari denied.

Justice Brennan,

dissenting.

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

Justice White,

with whom Justice Brennan joins, dissenting in No. 86-5307.

In this case, the Ohio Supreme Court rejected petitioner’s claim that a statutory aggravating factor that repeats an element of the crime is unconstitutional because it fails to narrow the class of persons eligible for the death penalty. This decision is consistent with Wingo v. Blackburn, 783 F. 2d 1046, 1051 (CA5 1986), cert. pending, No. 86-5026, but in conflict with Collins v. Lockhart, 754 F. 2d 258, 263-264 (CA8), cert. denied, 474 U. S. 1013 (1985). I would grant certiorari to resolve this conflict.

Justice Marshall,

dissenting.

In these cases, petitioners’ death sentences were founded on statutory aggravating factors that repeat elements of the underlying capital offenses. For reasons stated in Wiley v. Mississippi, 479 U. S. 906 (1986) (Marshall, J., dissenting from denial of cer-tiorari), I would grant the petitions for review.


author: Justice Marshall,

text:
    No. 86-5953.
    Scott v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.

Justice Marshall,

with whom Justice Brennan joins, dissenting.

Petitioner was convicted and sentenced to death by a jury that heard the trial judge indicate that, on the basis of newspaper accounts he had read, he believed petitioner was involved in the crime. Because the judge’s statement deprived petitioner of a fair trial, I would grant certiorari in this case.

During voir dire, the trial judge stated to the jury:

“Not only was Mr. Scott — at least from the newspaper reports that I think that I had read — was involved in this, there were three other . . . individuals who . . . .” 26 Ohio St. 3d 92, 95, 497 N. E. 2d 55, 59 (1986).

Defense counsel interrupted to object to this comment on petitioner’s involvement in the crime. He subsequently made a motion for a mistrial, in which the prosecutor joined. The trial court denied the motion, but delivered a cautionary instruction admonishing the jury to base its verdict only on the evidence introduced at trial. The judge also told the jury, “you must not take any impression from anything I have done or said as to what your decision should be.” App. to Pet. for Cert. 26-27.

The Ohio Supreme Court attempted to excuse the remark. The court insisted that “[t]he judge’s comment did not concern [petitioner’s] guilt or innocence., but, rather, noted the fact that the news media had reported [petitioner’s] involvement with the crime.” 26 Ohio St. 3d, at 96, 497 N. E. 2d, at 59. This is a ludicrous reading of the statement. How the jury could reasonably have interpreted and applied the comment determines whether it should be considered prejudicial. See, e. g., Sandstrom v. Montana, 442 U. S. 510, 516-519 (1979). In this case, the jury could reasonably take the comment at face value, namely, as a statement that, based on what he had read in the newspapers, the judge believed petitioner was a participant in the crime. Before the jury had even heard any of the evidence, the judge had effectively become a witness against petitioner. See United States v. Murdock, 290 U. S. 389, 393 (1933).

Moreover, even under the Ohio Supreme Court’s dubious interpretation, the judge’s comment deprived petitioner of a fair trial. The only legitimate judicial references to pretrial publicity would have been inquiries about exposure to pretrial publicity or warnings against it. Instead, the judge actually reported to the jurors the media’s conclusion that petitioner was guilty. That the source of this prejudicial publicity was the trial judge magnifies, rather than eliminates, the problem. The jury could reasonably assume that, since the judge had read about the crime, it was acceptable for them to do so as well.

The Ohio Supreme Court relied on the cautionary instruction given to the prospective jurors, maintaining that it “minimize[d] any prejudicial effect this comment may have had . . . .” 26 Ohio St. 3d, at 96, 497 N. E. 2d, at 59. This reliance is misplaced. Because “the influence of the trial judge on the jury is necessarily and properly of great weight, and ... his lightest word or intimation is received with deference, and may prove controlling,” Starr v. United States, 153 U. S. 614, 626 (1894), some errors are so fundamental that no instruction can undo the damage they cause. See Quercia v. United States, 289 U. S. 466, 472 (1933). A comment on petitioner’s guilt is certainly such a fundamental error; it is “most likely to remain firmly lodged in the memory of the jury and to excite a prejudice which would preclude a fair and dispassionate consideration of the evidence.” Ibid. Moreover, any reference to extrajudicial evidence by the trial judge destroys the fundamental premise of any trial — that the ultimate decision rests solely upon evidence presented by the parties within the confines of the rules of evidence.

The remedy for this extraordinary error was close at hand. No witness had yet been sworn. The panel of prospective jurors might have been discharged and a new venire called without difficulty. Nonetheless, the trial judge plunged ahead and petitioner was tried by a jury exposed to comments that overwhelmed the presumption of innocence. Because we cannot tolerate such interference with petitioner’s right to a fair trial in a capital case, I would grant the petition for certiorari.

In addition, petitioner’s death sentence was founded on a statutory aggravating circumstance that repeats an element of the underlying capital offense. As in No. 86-5307, Williams v. Ohio, and No. 86-6015, Bradley v. Alabama, I would grant review for reasons stated in my dissent from denial of certiorari in Wiley v. Mississippi, 479 U. S. 906 (1986).


text:
    No. 86-6082.
    No. 86-6101.
    No. 86-6129.
    No. 86-6171.
    No. 86-6201.
    Duhamel v. Texas. Barnes v. Ohio. Ellis v. Texas. O’Neal v. Missouri. Neelley v. Alabama.
   Ct. Crim. App. Tex.;

Sup. Ct. Ohio;

Ct. Crim. App. Tex.;

Sup. Ct. Mo.; and

Sup. Ct. Ala. 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 sentences in these cases.


text:
    No. 86-6285.
    Pirovolos v. United States.
   C. A. 7th Cir. Motion of petitioner to consolidate case with No. 86-6009, Gregg v. United States, supra, denied. Certiorari before judgment denied.


text:
    No. 86-631.
    No. 86-860.
    No. 86-5654.
    No. 86-5799.
    No. 86-5816.
    City of Watseka et al. v. Illinois Public Action Council et al., Walker v. Action Industries, Inc., et al., Barr v. United States, In re Johl, James v. Georgia,
   479 U. S. 1048;

479 U. S. 1065;

479 U. S. 1055;

479 U. S. 1028; and

479 U. S. 1040. Petitions for rehearing denied.


text:
    March 23, 1987
    No. 86-1125.
    Wilkinson, Attorney General of the State of Utah v. Jones et al.
   Affirmed on appeal from C. A. 10th Cir.

The Chief Justice and Justice O’Connor would note probable jurisdiction and set case for oral argument.


text:
    No. 86-1252.
    O’Kelley et al. v. Hospital Authority of Gwinnett County, dba Gwinnett Ambulance Service, et al.
   Appeal from Sup. Ct. Ga. dismissed for want of substantial federal question.


text:
    No. 86-1272.
    Stich v. Superior Court of California, Solano County, et al.
   Appeal from Ct. App. Cal., 1st App. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 86-6228.
    Mackie v. Olsen, District Judge, et al.
   Appeal from Sup. Ct. Mont, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 86-1300.
    Reardon v. United States Postal Service et al.
   Appeal from D. C. N. J. dismissed for want of jurisdiction.


text:
    No. 86-997.
    Pennsylvania v. Lutz.
   Sup. Ct. Pa. Certio-rari granted, judgment vacated, and case remanded for further consideration in light of United States v. Dunn, ante, p. 294.


text:
    No. 86-1007.
    United States v. Messina Builders & Contractors Co.
   C. A. 8th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Jersey Shore State Bank v. United States, 479 U. S. 442 (1987).


text:
    No.-.
    Dawson et al. v. Lennon, Warden, et al.
   Motion to direct the Clerk to file the petition for writ of certiorari out of time denied.


text:
    No. A-626.
    Kavanagh v. Coven.
   Sup. Ct. N. Y., New York County. Application for stay, addressed to Justice O’Con-nor and referred to the Court, denied.


text:
    No. A-651.
    McDonald Welding & Machine Co., Inc., et al. v. Lehman, Secretary of the Navy.
   C. A. 6th Cir. Application to vacate stay, addressed to The Chief Justice and referred to the Court, denied.


text:
    No. D-600.
    In re Disbarment of Tucker.
   Robert L. Tucker, of Chicago, Ill., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on January 12, 1987 [479 U. S. 1026], is hereby discharged.


text:
    No. D-617.
    In re Disbarment of Casler.
   It is ordered that William Franklin Casler, of Saint Petersburg, Fla., 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-618.
    In re Disbarment of Whitten.
   It is ordered that David Rock Whitten, of Wilmington, N. C., 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-619.
    In re Disbarment of Stokes.
   It is ordered that Rhodes Cherry Stokes, of Greenville, N. C., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 85-2068.
    Rankin et al. v. McPherson.
   C. A. 5th Cir. [Certiorari granted, 479 U. S. 918.] Motion of the Solicitor General to permit Glen D. Nager, Esquire, to present oral argument pro hac vice granted.


text:
    No. 86-228.
    Kungys v. United States.
   C. A. 3d Cir. [Certiorari granted, 479 U. S. 947.] Motions of World Jewish Congress and Anti-Defamation League of B’nai B’rith et al. for leave to file briefs as amici curiae granted.


text:
    No. 86-246.
    Sumner, Director, Nevada Department of Prisons, et al. v. Shuman.
   C. A. 9th Cir. [Certiorari granted, 479 U. S. 948.] Motion of N. Patrick Flanagan III, Esquire, to withdraw as counsel and to substitute M. Daniel Markoff, Esquire, granted.


text:
    No. 86-357.
    American Trucking Assns., Inc., et al. v. Scheiner, Secretary, Department of Revenue of Pennsylvania, et al.
   Sup. Ct. Pa. [Probable jurisdiction noted, 479 U. S. 947.] Motion of Canadian Trucking Association for leave to file a brief as amicus curiae granted.


text:
    No. 86-495.
    No. 86-624.
    No. 86-625.
    K mart Corp. v. Cartier, Inc., et al.; 47th Street Photo, Inc. v. Coalition to Preserve the Integrity of American Trademarks et al.; and United States et al. v. Coalition to Preserve the Integrity of American Trademarks et al.
   C. A. D. C. Cir. [Certiorari granted, 479 U. S. 1005.] Motion of the Solicitor General for divided argument granted.


text:
    No. 86-781.
    No. 86-793.
    Kansas Gas & Electric Co. v. State Corporation Commission of Kansas et al.; and Kansas City Power & Light Co. v. State Corporation Commission of Kansas et al.
   Sup. Ct. Kan. [Probable jurisdiction noted, 479 U. S. 1082.] Motion of appellants to dispense with printing the joint appendix granted.

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


text:
    No. 86-877.
    United States v. Owens.
   C. A. 9th Cir. [Certiorari granted, 479 U. S. 1084.] Motion for appointment of counsel granted, and it is ordered that Allan Ides, Esquire, of Los Angeles, Cal., be appointed to serve as counsel for respondent in this case.


text:
    No. 86-964.
    Thompson v. Thompson, aka Clay.
   C. A. 9th Cir. [Certiorari granted, 479 U. S. 1063.] Motion of Sacramento County, California, et al. for leave to file a brief as amici curiae granted.


text:
    No. 86-1102.
    Manufacturers Association of Tri-County et al. v. Knepper et al.
   C. A. 3d Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 86-6169.
    Thompson v. Oklahoma.
   Ct. Crim. App. Okla. [Certiorari granted, 479 U. S. 1084.] Motion for appointment of counsel granted, and it is ordered that Harry F. Tepker, Jr., Esquire, of Norman, Okla., be appointed to serve as counsel for petitioner in this case.


text:
    No. 86-751.
    Arkansas Best Corp. v. Commissioner of Internal Revenue.
   C. A. 8th Cir. Certiorari granted.


text:
    No. 86-1128.
    Immigration and Naturalization Service v. Abudu.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 86-388.
    Immigration and Naturalization Service v. Guevara Flores.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-784.
    Cross et al. v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-876.
    Star-Kist Foods, Inc. v. County of Los Angeles et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 86-913.
    Heinemann v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-932.
    Nielsen v. Utah.
   Sup. Ct. Utah. Certiorari denied.


text:
    No. 86-996.
    McKenzie County Social Services Board et al. v. V. G.
   Sup. Ct. N. D. Certiorari denied.


text:
    No. 86-1015.
    Troxler Hosiery Co., Inc., et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-1020.
    Green v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1023.
    Blue Cross Assn. et al. v. Department of Health and Human Services et al.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 86-1032.
    Thigpen, Commissioner, Mississippi Department of Corrections, et al. v. Wheat.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-1033.
    Jaffe et al. v. Grant, Trustee in Bankruptcy for Continental Southeast Land Corp. and as Receiver.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-1040.
    Scott v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 86-1045.
    Whorton et al. v. Surtran Taxicabs, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-1051.
    Monteleone v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-1060.
    Heimbach et al. v. Village of Lyons et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-1061.
    Tribune Co. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-1063.
    Rafsky v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-1068.
    No. 86-1081.
    Duncan et ux. v. Georgia; and Van Nice et al. v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 86-1098.
    Dunn v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-1104.
    LeShoure v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 86-1105.
    Jackson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-1110.
    Enterprise Tools, Inc., et al. v. Export-Import Bank of the United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-1162.
    McCalla v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-1168.
    Mitchell v. Greiner.
   C. A. 6th Cir. Certio-rari denied.


text:
    No. 86-1184.
    Batey v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 86-1185.
    Kettelson v. MCI Telecommunications Corp.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 86-1192.
    Kerr v. El Paso Times, Inc.
   Ct. App. Tex., 8th Dist. Certiorari denied.


text:
    No. 86-1194.
    Fegurgur v. Territory of Guam.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1202.
    Wilson v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 86-1204.
    City of Baton Rouge et al. v. Achord et al.
   Ct. App. La., 1st Cir. Certiorari denied.


text:
    No. 86-1209.
    Polur v. New York et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 86-1214.
    Knight v. U. S. Fire Insurance Co. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-1215.
    Missouri Pacific Railroad Co. v. Maldonado.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-1216.
    Rediehs Express, Inc. v. Maple et al.
   Ct.

App. Ind. Certiorari denied.


text:
    No. 86-1221.
    Harnett v. Billman et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-1222.
    County of Pierce et al. v. Kraus et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1223.
    Pennsylvania v. Potts.
   Super. Ct. Pa. Cer-tiorari denied.


text:
    No. 86-1225.
    Krause v. Kim et al.
   Ct. App. Minn. Cer-tiorari denied.


text:
    No. 86-1227.
    Bavisotto v. New York.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 86-1228.
    Morales v. Mack Trucks, Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-1230.
    Hodges et al. v. Evisea Maritime Co., S. A.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-1231.
    McCourt v. McCourt et al.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 86-1233.
    Kuntz v. Winters National Bank & Trust Co. et al.
   Ct. App. Ohio, Montgomery County. Certiorari denied.


text:
    No. 86-1237.
    Bay Area Rapid Transit System v. Paperless Accounting, Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-1243.
    Golden v. Golden.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 86-1245.
    Hughes v. Louisiana State Board of Dentistry.
   Ct. App. La., 4th Cir. Certiorari denied.


text:
    No. 86-1246.
    Old Orchard Brands, Inc., et al. v. Michigan Department of Agriculture et al.
   Ct. App. Mich.

Certiorari denied.


text:
    No. 86-1250.
    Terry v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 86-1251.
    Associated Film Distribution Corp. et al. v. Casey, Governor of Pennsylvania, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-1253.
    Fleming v. Grievance Committee Council of Colorado.
   Sup. Ct. Colo. Certiorari denied.


text:
    No. 86-1255.
    Olympia Equipment Leasing Co. et al. v. Western Union Telegraph Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-1256.
    Jones et al. v. Clark Equipment Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-1258.
    Hagemann v. American Savings & Loan Assn.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1259.
    Spratt v. County of Kent et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-1262.
    Department of Transportation, Federal Aviation Administration v. Fitzgerald et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-1265.
    Grass et al. v. Credito Mexicano, S. A.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-1266.
    Kilkenny, Personal Representative of the Estate of Marmion v. Atlantic Richfield Co. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1267.
    Ardrey et al. v. United Parcel Service.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-1269.
    Neal, Administrator of the Estate of Stroh v. Midwestern Distribution, Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-1271.
    Ruiz et al. v. People Express Airlines, Inc.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-1273.
    Cumbie v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 86-1276.
    City of Wilmington v. Wilmington Stevedores, Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-1279.
    Cincinnati Firefighters Union, Local Union No. 48 v. Youngblood et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-1282.
    Brookside Limited Partnership v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-1285.
    Jodele v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1293.
    Malick v. Sandia Corp.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 86-1299.
    Syre v. Pennsylvania.
   Sup. Ct. Pa. Certio-rari denied.


text:
    No. 86-1309.
    Aponte Caratine v. Bowen, Secretary of Health and Human Services.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-1319.
    Van Sant v. United States Postal Service et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-1320.
    Swift Textiles, Inc. v. Watkins Motor Lines, Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-1321.
    Alphin v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-1325.
    Chesney et ux. v. Spraggins.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 86-1326.
    Steeley et al. v. Burton et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-1335.
    Barnette et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-1347.
    Shell Oil Co. v. Piamco, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-1352.
    Montgomery v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 86-1356.
    Lea v. Myers, Judge, Marion County Municipal Court, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-1394.
    Mark A., as Parent and Next Friend of Alleah A. v. Grant Wood Area Education Agency et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-5600.
    Bowden v. Pulley.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5862.
    Amhaz v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-5866.
    King v. Zimmerman, Superintendent, State Correctional Institution and Correctional Diagnostic Classification Center at Graterford.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 86-5915.
    Meyer v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-5920.
    McNeil v. Rice, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-5923.
    Pinion v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-5940.
    Scott v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.-


text:
    No. 86-5943.
    Spencer v. Department of Human Resources et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-6050.
    Reasonover v. Missouri.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 86-6134.
    Meadows v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 86-6145.
    Carpenter v. Leonard.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 86-6199.
    Webster v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-6212.
    Moore v. Jones, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6214.
    Westfall v. Bowen, Secretary of Health and Human Services, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-6231.
    Clifton v. Cook, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6232.
    White v. Ohio.
   Ct. App. Ohio, Gallia County. Certiorari denied.


text:
    No. 86-6239.
    Martin v. Lewis et al.
   C. A. 10th Cir. Cer-tiorari denied.


text:
    No. 86-6240.
    Jackman v. Rees, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6242.
    Graves v. Ohio.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 86-6245.
    Benedict v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 86-6254.
    Collatt v. Louisiana.
   Sup. Ct. La. Certio-rari denied.


text:
    No. 86-6257.
    Cole v. Chrans, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-6258.
    Ditsch v. Buckley.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-6260.
    Magee v. Borg, Warden, et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 86-6267.
    Satterwhite v. Lynaugh, Interim Director, Texas Department of Corrections, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6268.
    Starkes v. Lynaugh, Interim Director, Texas Department of Corrections.
   C. A. 5th Cir. Certio-rari denied.


text:
    No. 86-6271.
    Bertram v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 86-6274.
    Haefner v. County of Los Angeles et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6276.
    Curtis v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 86-6278.
    Gilreath v. Armontrout, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-6281.
    Cartee v. Nix, Warden, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-6282.
    Schandelmeier v. Cunningham, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-6283.
    Thompson v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-6286.
    Sample v. Bowen, Secretary of Health and Human Services.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6287.
    Tedder v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-6288.
    Mathis v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 86-6292.
    Covington v. Scroggy, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6301.
    Ortega v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 86-6302.
    Mullen v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 86-6304.
    Rashed v. Delaware County, Pennsylvania, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-6306.
    Warner v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 86-6308.
    Sherwood v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6311.
    Randolph v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-6313.
    Monteiro v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-6315.
    Sellner v. Federal Bureau of Investigation et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-6316.
    Moore v. Lynaugh, Interim Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6318.
    Thompson v. Southeastern Toyota et al.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 86-6324.
    Tyson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6341.
    Hill v. Lynaugh, Interim Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6343.
    Himes et ux. v. United States et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6345.
    Montgomery v. Internal Revenue Service.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-6347.
    Taylor v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6379.
    Patterson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-6388.
    Hurst v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6409.
    Bullen v. Derego et al.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 86-6418.
    Whitley v. Lecureux, Superintendent, Kinross Correctional Facility.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-1864.
    Randall Book Corp. v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.

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


text:
    No. 85-6272.
    No. 86-6003.
    No. 86-6013.
    No. 86-6108.
    No. 86-6121.
    No. 86-6195.
    No. 86-6222.
    No. 86-6243.
    No. 86-6247.
    No. 86-6365.
    No. 86-6380.
    Deputy v. Delaware. McCoy v. Texas. Burdine v. Texas. Wilkerson v. Texas. Griffin v. Pennsylvania. Cape v. Kemp, Warden. Brewer v. Indiana. Hubbard v. Alabama. Kornahrens v. South Carolina. Harris v. Washington. Parker v. Georgia.
   Sup. Ct. Del.;

Ct. Crim. App. Tex.;

Ct. Crim. App. Tex.;

Ct. Crim. App. Tex.;

Sup. Ct. Pa.;

Sup. Ct. Ga.;

Sup. Ct. Ind.;

Ct. Crim. App. Ala.;

Sup. Ct. S.C.;

Sup. Ct. Wash.; and

Sup. Ct. Ga. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 86-980.
    Kelly v. Wauconda Park District.
   C. A. 7th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 86-1006.
    Marathon Oil Co. v. United States et al.
   C. A. 9th Cir. Motion of American Petroleum Institute for leave to file a brief as amicus curiae granted. Certiorari denied.

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


text:
    No. 86-1057.
    Drummond Co., Inc. v. Hodel, Secretary of the Interior.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 86-1260.
    Major League Baseball Players Assn. et al. v. Baltimore Orioles, Inc., et al.
   C. A. 7th Cir. Motions of National Football League Players Association et al. and Associated Actors & Artistes of America, AFL-CIO, for leave to file briefs as amici curiae granted. Certiorari denied.


text:
    No. 86-6055.
    Murphy v. Sowders, Warden.
   C. A. 6th Cir. Certiorari denied.

Justice White and Justice Powell would grant certiorari.


text:
    No. 86-6371 (A-655).
    Shahid v. Texas.
   Ct. App. Tex., 14th Dist. Application for stay, presented to Justice White, and by him referred to the Court, denied. Certiorari denied.


text:
    No. 86-558.
    No. 86-814.
    No. 86-827.
    No. 86-5647.
    No. 86-5681.
    No. 86-5901.
    No. 86-5939.
    No. 86-5973.
    No. 86-6037.
    No. 86-6128.
    Yamamoto v. Klenske et al., White Mountain Apache Tribe et al. v. Arizona State Transportation Board et al., Jain v. ITT Grinnell Corp., Bercaw v. Mandak, Judge, Kovacs v. Merit Systems Protection Board, Fugitt v. Georgia, Thomas v. Lincoln University, Sellner v. Panagoulis et al., Sellner v. Panagoulis et al., Jackson v. Newsome, Warden,
   479 U. S. 1064;

479 U. S. 1060;

479 U. S. 1065;

479 U. S. 992;

479 U. S. 1038;

479 U. S. 1070;

479 U. S. 1068;

479 U. S. 1069;

479 U. S. 1069; and

479 U. S. 1099. Petitions for rehearing denied.


text:
    No. 85-685.
    Eschler et al. v. Boeing Co.,
   474 U. S. 1082. Motion for leave to file petition for rehearing denied.


text:
    March 24, 1987
    No. 86-1328.
    Sparks v. Kansas et al.
   Ct. App. Kan. Cer-tiorari dismissed under this Court’s Rule 53.


text:
    March 30, 1987
    No. 86-1377.
    Ancor Holdings, N. V. v. Republic of the Philippines.
   C. A. 2d Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    No. 86-701.
    Cooper v. Eugene School District No. 4J et al.
   Appeal from Sup. Ct. Ore. dismissed for want of substantial federal question.

Justice Brennan, Justice Marshall, and Justice O’Connor would note probable jurisdiction and set case for oral argument.


text:
    No. 86-1286.
    K mart Corp. v. Idaho State Tax Commission.
   Appeal from Sup. Ct. Idaho dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

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


text:
    No. 86-1291.
    Montano v. Prince George’s County, Maryland, et al.
   Appeal from C. A. 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. 85-1099.
    Adkins v. Chesapeake & Ohio Railway Co. et al.
   C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Atchison, T. & S. F. R. Co. v. Buell, ante, p. 557.


text:
    No. 86-303.
    No. 86-304.
    Hodel, Secretary of the Interior, et al. v. Tribal Village of Akutan et al.; and Amoco Production Co. et al. v. Tribal Village of Akutan et al.
   C. A. 9th Cir. Certiorari granted, judgment vacated, and cases remanded for further consideration in light of Amoco Production Co. v. Gambell, ante, p. 531.


text:
    No. 86-6059.
    Patterson v. Aiken, Warden, et al.
   Ct. Common Pleas of York County, S. C. Motion of petitioner for leave to proceed informa pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Truesdale v. Aiken, ante, p. 527.


text:
    No. 86-6071.
    Koon v. Aiken, Warden.
   Ct. Common Pleas of Aiken County, S. C. Motion of petitioner for leave to proceed informa pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Truesdale v. Aiken, ante, p. 527.


text:
    No. D-586.
    In re Disbarment of Seligman.
   Disbarment entered. [For earlier order herein, see 479 U. S. 927.]


text:
    No. D-598.
    In re Disbarment of Gorin.
   Disbarment entered. [For earlier order herein, see 479 U. S. 1026.]


text:
    No. D-603.
    In re Disbarment of Weinsoff.
   Disbarment entered. [For earlier order herein, see 479 U. S. 1051.]


text:
    No. D-620.
    In re Disbarment of DeCello.
   It is ordered that Anthony V. DeCello, of Pittsburgh, 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. D-621.
    In re Disbarment of Folan.
   It is ordered that Thomas J. Folan, of Pittsburgh, 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.

      For the Court’s order prescribing amendments to the Bankruptcy Rules, see post, p. 1079.


text:
    No. D-622.
    In re Disbarment of Pasternak.
   It is ordered that Barton A. Pasternak, 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. D-623.
    In re Disbarment of Connell.
   It is ordered that Jerome F. Connell, of Pasadena, Md., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 85-673.
    Hartigan, Attorney General of the State of Illinois, et al. v. Zbaraz et al.
   C. A. 7th Cir. [Probable jurisdiction postponed, 479 U. S. 881.] Oral argument in this case, set for Wednesday, April 1, 1987, is deferred to a later date. Number 85-6725, Bourjaily v. United States [certiorari granted, 479 U. S. 881], will be argued in its stead.


text:
    No. 85-2079.
    Laborers Health and Welfare Trust Fund for Northern California et al. v. Advanced Lightweight Concrete Co., Inc.
   C. A. 9th Cir. [Certiorari granted, 479 U. S. 1083.] Motion of petitioners to dispense with printing the joint appendix granted.


text:
    No. 86-327.
    Mullins Coal Co., Inc. of Virginia, et al. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al.
   C. A. 4th Cir. [Certiorari granted, 479 U. S. 1029.] Motion of National Coal Association for leave to file a brief as amicus curiae granted.


text:
    No. 86-422.
    Carpenter et al. v. United States.
   C. A. 2d Cir. [Certiorari granted, 479 U. S. 1016.] Motion of petitioners for divided argument denied.


text:
    No. 86-964.
    Thompson v. Thompson, aka Clay.
   C. A. 9th Cir. [Certiorari granted, 479 U. S. 1063.] Motion of Women’s Legal Defense Fund et al. for leave to file a brief as amici curiae granted.


text:
    No. 86-6298.
    In re Gillette.
   Petition for writ of mandamus denied.


text:
    No. 86-1278.
    Hustler Magazine, Inc., et al. v. Falwell.
   C. A. 4th Cir. Motions of Richmond Newspapers, Inc., et al. and Reporters Committee for Freedom of the Press for leave to file briefs as amici curiae granted. Certiorari granted.


text:
    No. 86-6060.
    Yates v. Aiken, Warden, et al.
   Sup. Ct. S. C. Motion of petitioner for leave to proceed informa pauperis and certiorari granted.


text:
    No. 86-6109.
    Mathews v. United States.
   C. A. 7th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to Question I presented by the petition.


text:
    No. 85-1702.
    Norfolk & Western Railway Co. v. Lancaster.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-898.
    Prewitt v. United States Postal Service.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-923.
    Toyota of Berkeley v. Automobile Salesmen’s Union, Local 1095, United Food & Commercial Workers Union.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-925.
    Barnes v. United States.
   C. A. 7th Cir.

Certiorari denied.


text:
    No. 86-952.
    Fierro v. Bowen, Secretary, Department of Health and Human Services.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-1026.
    Schiff v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-1071.
    Alaska v. Lyng, Secretary of Agriculture, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1089.
    Merkt et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-1106.
    Beck v. Department of Transportation, Federal Aviation Administration.
   C. A. Fed. Cir. Certio-rari denied.


text:
    No. 86-1205.
    Karash, as Guardian ad Litem for Lowe, a Minor v. County of San Diego.
   Ct. App. Cal., 4th App. Dist.

Certiorari denied.


text:
    No. 86-1270.
    Aprile et al. v. Kentucky.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 86-1274.
    Arthur Andersen & Co. v. Rudolph et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-1280.
    Tennessee v. Herrington, Secretary of Energy.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-1290.
    Wilson, Individually, and as Personal Representative of the Estate of Wilson, et al. v. Burlington Northern Railroad Co.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-1292.
    Chuidian v. Superior Court of California, Santa Clara County (Philippine Export & Foreign Loan Guarantee Corp., Real Party in Interest).
   Ct. App. Cal., 6th App. Dist. Certiorari denied.


text:
    No. 86-1296.
    Air Line Pilots Assn., International v. United Air Lines, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 86-1301.
    Cheek v. Beck et al.
   C. A. 7th Cir. Certio-rari denied.


text:
    No. 86-1303.
    Lubbehusen et al. v. Indiana et al.
   Ct. App. Ind. Certiorari denied.


text:
    No. 86-1305.
    City of Irvine v. County of Orange et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1306.
    Illinois v. Wiseman.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 86-1307.
    Windon Third Oil & Gas Drilling Partnership et al. v. Federal Deposit Insurance Corporation et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-1310.
    Kustina v. City of Seattle.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1314.
    Hubbard v. Commissioner of Patents and Trademarks.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-1315.
    Clough et al. v. Commissioner of Patents and Trademarks.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-1317.
    49er Chevrolet, Inc., et al. v. General Motors Corp. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1318.
    Monoclonal Antibodies, Inc. v. Hybritech, Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-1323.
    Schwander et ux. v. Cordova.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1324.
    Hardin v. McMaster.
   C. A. 5th Cir. Certio-rari denied.


text:
    No. 86-1337.
    Burns et al. v. Chisum Independent School District et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-1341.
    Connecticut Performing Arts Foundation, Inc. v. Brown, Tax Commissioner of the State of Connecticut.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-1362.
    Lodi et al. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-1384.
    Baker v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 86-1389.
    Myslakowski, Individually and as Next Friend of Myslakowski, a Minor, et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-1395.
    Brooks et al. v. Department of Health and Human Services.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 86-5979.
    Morgan v. United States Postal Service et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 86-6032.
    Gelb v. Royal Globe Insurance Co.
   C. A.

2d Cir. Certiorari denied.


text:
    No. 86-6034.
    Worsley v. Rogers, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-6044.
    Jones v. Tennessee et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6063.
    Thomas v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 86-6090.
    Passman v. Blackburn, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6120.
    Jones v. Wilson, Secretary, Kentucky Department of Corrections, et al.
   C. A. 6th Cir. Certio-rari denied.


text:
    No. 86-6297.
    Hitchcock v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 86-6307.
    Wilcher v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 86-6321.
    Shaw v. Garrison, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-6323.
    Velilla v. United Technologies Corp., Hamilton Standard Division, et al.
   Sup. Ct. Conn. Certio-rari denied.


text:
    No. 86-6325.
    Perry v. Gresk et al.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 86-6327.
    Hoover v. Garfield Heights Municipal Court et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6328.
    Beezley v. Fremont Indemnity Co. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6332.
    Dunham v. Tar Heel Container Corp.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-6333.
    Perry v. Astrike et al.
   Ct. App. Ind. Cer-tiorari denied.


text:
    No. 86-6338.
    Jackson v. Zimmerman, Superintendent, State Correctional Institution and Correctional Diagnostic and Classification Center at Graterford, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-6339.
    Carlock v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6340.
    Adams et al. v. Department of Public Safety and Corrections, Hunt Correctional Center.
   Sup. Ct. La. Certiorari denied.


text:
    No. 86-6344.
    Reed v. Carlson.
   C. A. D. C. Cir. Certio-rari denied.


text:
    No. 86-6348.
    Williams v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 86-6349.
    Morgan v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6352.
    Sammons v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-6353.
    Munford v. Hawaii.
   Sup. Ct. Haw. Certio-rari denied.


text:
    No. 86-6354.
    Wiley v. Carpenter.
   C. A. 5th Cir. Certio-rari denied.


text:
    No. 86-6368.
    Carlock v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6385.
    Lambert v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-6386.
    Goldhammer v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 86-6389.
    Ferris v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 86-6399.
    Knost v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6400.
    Clark v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-6403.
    Acosta v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6404.
    Harris v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 86-6405.
    Matusavage v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 86-6411.
    Wagner v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 86-6412.
    Musa v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 86-6413.
    No. 86-6414.
    Stephens v. United States; and Patton v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 86-6415.
    Swierski v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 86-6419.
    Lee v. United States.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 86-6432.
    Bourgeois v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 86-6435.
    Adkins et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 86-857.
    Burlington Northern Railroad Co. v. Gulati.
   Sup. Ct. Minn. Motion of National Railway Labor Conference for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 86-999.
    New York et al. v. Dole, Secretary of Transportation, et al.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 86-1070.
    Mountain States Legal Foundation et al. v. Hodel, Secretary of the Interior, et al.
   C. A. 10th Cir. Certiorari denied.

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


text:
    No. 86-1171.
    Dugger, Secretary, Florida Department of Corrections v. Dorman.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Cer-tiorari denied.


text:
    No. 86-6035.
    No. 86-6087.
    No. 86-6203.
    No. 86-6293.
    No. 86-6294.
    No. 86-6309.
    No. 86-6479.
    Smith v. Pennsylvania. Albrecht v. Pennsylvania. Pope v. Dugger, Secretary, Florida Department of Corrections. Hall v. Illinois. Johnson v. Illinois. Whitley v. Bair, Warden. Johnson v. Thigpen, Commissioner, Mississippi Department of Corrections.
   Sup. Ct. Pa.;

Sup. Ct. Pa.;

Sup. Ct. Fla.;

Sup, Ct. Ill.;

Sup. Ct. Ill.;

C. A. 4th Cir.; and

C. A. 5th Cir. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 86-6370.
    Raitport v. IBM et al.
   C. A. 2d Cir. Cer-tiorari denied.

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


text:
    No. 86-5982.
    No. 86-5989.
    No. 86-6078.
    No. 86-6119.
    Falcon v. United States, Wilson v. Denton et al., Leal v. Dahlberg, Superintendent, Ohio State Reformatory, Jones v. Howard et al.,
   479 U. S. 1094;

479 U. S. 1095;

479 U. S. 1097; and

479 U. S. 1099. Petitions for rehearing denied.


text:
    No. 86-6074.
    Gormong v. Cleveland Electric Company of Georgia, Inc.,
   479 U. S. 1103. Petition for rehearing denied.

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