text:
    No. D-702.
    In re Disbarment of Sierra.
   It is ordered that Michael Sierra, of Tampa, 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.


source: Caselaw Access Project

license: Public Domain

text:
    No. 86-495.
    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.
    No. 86-624.
    No. 86-625.
   C. A. D. C. Cir. [Certiorari granted, 479 U. S. 1005.] Motion of respondents for leave to file a supplemental brief on reargument granted. Motion of American Free Trade Association for leave to file a supplemental brief as amicus curiae on reargument denied.


text:
    No. 86-1650.
    Trans World Airlines, Inc. v. Independent Federation of Flight Attendants,
   ante, p. 175. Respondent invited to file a response to the petition for rehearing within 30 days.


text:
    No. 87-751.
    Carlucci, Secretary of Defense, et al. v. Doe.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 904.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 87-1043.
    United States v. Ron Pair Enterprises, Inc.
   C. A. 6th Cir. [Certiorari granted, ante, p. 958.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 87-920.
    Meyer, Colorado Secretary of State, et al. v. Grant et al.
   C. A. 10th Cir. [Probable jurisdiction noted, 484 U. S. 1024.] Motion of Washington Legal Foundation et al. for leave to file a brief as amici curiae granted.


text:
    No. 87-999.
    McQuillen v. Wisconsin Education Association Council et al.,
   ante, p. 914. Respondents are invited to file a response to the petition for rehearing within 30 days.


text:
    No. 87-1160.
    Duquesne Light Co. et al. v. Barasch et al.
   Sup. Ct. Pa. [Probable jurisdiction noted, ante, p. 933.] Motion of appellants to dispense with printing the joint appendix granted.


text:
    No. 87-1193.
    Miami Herald Publishing Co. v. Gridley, Circuit Judge of Florida, Orange County, et al.,
   ante, p. 960. Motion of respondents Paula Hawkins and W. E. Hawkins for damages denied.


text:
    No. 87-6325.
    Perry v. Leeke, Commissioner, South Carolina Department of Corrections, et al.
   C. A. 4th Cir. [Certiorari granted, ante, p. 976.] Motion for appointment of counsel granted, and it is ordered that W. Gaston Fairey, Esq., of Columbia, S. C., be appointed to serve as counsel for petitioner in this case.


text:
    No. 87-6453.
    Economou et ux. v. Securities and Exchange Commission.
   C. A. 2d Cir. Motion of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until May 9, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit a petition for writ of certiorari in compliance with Rule 33 of the Rules of this Court.

Justice Brennan, Justice Marshall, and Justice Black-MUN,

dissenting.

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


text:
    No. 87-6459.
    Rydell v. City of Atlantic City, New Jersey. Howard v. City of Fort Myers, Florida, et al.
    No. 87-6489.
   Super. Ct. N. J., App. Div.; and C. A. 11th Cir. Motions of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until May 9, 1988, within which to pay the docketing fee required by Rule 45(a) and to submit petitions for writs of certiorari in compliance with Rule 33 of the Rules of this Court.

Justice Brennan, Justice Marshall, and Justice Stevens,

dissenting.

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


text:
    No. 87-6605.
    In re Syme.
   Petition for writ of habeas corpus denied.


text:
    No. 87-6317.
    In re Amen-Ra, aka Tasby.
   Petition for writ of mandamus denied.


text:
    No. 87-1269.
    Eu, Secretary of State of California, et al. v. San Francisco County Democratic Central Committee et al.
   Appeal from C. A. 9th Cir. Probable jurisdiction noted. The Chief Justice took no part in the consideration or decision of this order.


text:
    No. 87-1327.
    Cotton Petroleum Corp. et al. v. New Mexico et al.
   Appeal from Ct. App. N. M. Probable jurisdiction noted. The parties are also invited to brief and argue the following question: “Does the Commerce Clause require that an Indian Tribe be treated as a State for purposes of determining whether a state tax on nontribal activities conducted on an Indian Reservation must be apportioned to account for taxes imposed on those same activities by the Indian Tribe?”


text:
    No. 87-5840.
    McNamara v. County of San Diego Department of Social Services.
   Appeal from Ct. App. Cal., 4th App. Dist. Further consideration of question of jurisdiction postponed to hearing of case on the merits.


text:
    No. 87-1207.
    Will v. Michigan Department of State Police et al.
   Sup. Ct. Mich. Certiorari granted.


text:
    No. 87-1372.
    Argentine Republic v. Amerada Hess Shipping Corp. et al.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 87-1379.
    United States Department of Justice et al. v. Reporters Committee for Freedom of the Press et al.
   C. A. D. C. Cir. Certiorari granted.


text:
    No. 87-963.
    Hernandez v. Commissioner of Internal Revenue.
   C. A. 1st Cir. Certiorari granted.

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


text:
    No. 87-1104.
    Zant, Warden v. Moore.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 87-333.
    Delta Air Lines, Inc. v. Port Authority of New York and New Jersey.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-683.
    Galloway, Sheriff, Holmes County, Florida v. Josey.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 87-711.
    Munn v. Duck.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-854.
    Colanese et al. v. New Prairie Classroom Teachers Assn.
   Ct. App. Ind. Certiorari denied.


text:
    No. 87-976.
    Interstate Natural Gas Association of America v. Federal Energy Regulatory Commission et al.; Texas Eastern Transmission Corp. v. Federal Energy Regulatory Commission; Shell Offshore Inc. et al. v. Associated Gas Distributors et al.; City of Willcox, Arizona, et al. v. Federal Energy Regulatory Commission et al.; and Southern California Gas Co. v. Federal Energy Regulatory Commission et al.
    No. 87-977.
    No. 87-978.
    No. 87-979.
    No. 87-1091.
   C. A. D. C. Cir.

Certiorari denied.


text:
    No. 87-1011.
    Illinois v. White.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 87-1130.
    Beattie et al., by and Through Their Next Friend, Beattie v. United States; and Greisen v. United States.
    No. 87-1244.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1194.
    Cosmetic, Toiletry & Fragrance Assn. v. Public Citizen et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1222.
    Houston v. United States Postal Service et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1240.
    General Coffee Corp. et al. v. City National Bank of Miami et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1270.
    West et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1278.
    Town of North Bonneville, Washington v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-1284.
    Trans World Airlines, Inc., et al. v. Kronfeld.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1288.
    Crespo v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1309.
    Scallio v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-1360.
    Northern Virginia Law School, Inc., et al. v. Southern New England School of Law, Inc.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-1362.
    King v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1374.
    Coston v. Plitt Theatres, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-1393.
    Lisak v. Mercantile National Bank of Indiana et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-1394.
    Block Drug Co., Inc., et al. v. Hodosh et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-1398.
    Johnson v. Helmus.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 87-1405.
    Gonzales v. Leal et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1406.
    Shipco 2295, Inc., et al. v. Avondale Shipyards, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1408.
    Aiello v. Martin et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1410.
    Banks v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 87-1417.
    Klein Independent School District et al. v. Mattox, Attorney General of Texas.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1418.
    Tickle et al. v. Shelby County, Tennessee, et al.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 87-1423.
    E & S Design & Development, Ltd., et al. v. Montgomery, District Director, United States Department of Justice, Immigration and Naturalization Service.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1426.
    Devon Bank v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-1427.
    Schroeder v. United States et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-1432.
    A. C. et al. v. Iowa.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 87-1438.
    J. K. and Susie L. Wadley Research Institute & Blood Bank, dba The Blood Bank at Wadley v. Houston, Judge, 211th Judicial District Court of Denton County, Texas.
   Ct. App. Tex., 2d Dist. Certiorari denied.


text:
    No. 87-1440.
    San Diego and Imperial Counties Butchers’ and Food Employers’ Pension Trust Fund v. Cuyamaca Meats, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1444.
    Gendron et al. v. Pan American World Airways, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1447.
    Young et al. v. New Hampshire.
   Sup. Ct. N. H. Certiorari denied.


text:
    No. 87-1450.
    Durand-Wayland, Inc. v. Pennwalt Corp.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-1453.
    Roberts v. Appellate Department, Superior Court of California, Los Angeles County (Gubler et al., Real Parties in Interest).
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 87-1461.
    Checker Motors Corp. v. National Production Workers Union et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-1473.
    Hanson v. Trinidad Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1474.
    Brooks v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 87-1476.
    Snead et al. v. City of Albuquerque.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-1477.
    Cochran v. Taylor.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1488.
    Schwartz v. Cuomo, Governor of New York, et al.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 87-1491.
    Howard v. Carlucci, Secretary of Defense, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1492.
    Spiegel v. Continental Illinois National Bank & Trust Company of Chicago et al.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-1496.
    Rachelle Laboratories, Inc. v. Osburn, Individually and as Independent Executrix of the Estate of Osburn.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1511.
    Neece v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-1519.
    Board of Operatives of the American Cast Iron Pipe Co. et al. v. Board of Management of the American Cast Iron Pipe Co. et al.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 87-1538.
    Stein v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-1571.
    Scrapp Investment Co., Inc. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-5957.
    Jackson v. Morris, Superintendent, Southern Ohio Correctional Facility.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6017.
    Shiel v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-6187.
    Kerney v. Florida.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 87-6211.
    Senjudo v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6257.
    Almeida-Biffi v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6282.
    Gravatt v. United States District Court for the Western District of Pennsylvania.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6306.
    Lyons v. Carlson, Director, Bureau of Prisons, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6311.
    Davis v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 87-6329.
    Armstrong v. Risley, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6353.
    Brailey v. Autothority, Inc.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 87-6386.
    Odle v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6391.
    Hunziker et al. v. German-American State Bank.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 87-6418.
    Paris v. State Division of Correction et al.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 87-6423.
    Brecheisen v. Mondragon, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-6434.
    Ray v. Bowen, Secretary of Health and Human Services, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6439.
    Nicolau v. Muresanu.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-6441.
    Strong v. Huckabay.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6446.
    Rosberg v. Goeres et al.
   Sup. Ct. Neb. Certiorari denied.


text:
    No. 87-6447.
    Thacker v. Bumgarner, Superintendent, North Carolina Southern Correctional Center.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6448.
    Perry v. Mathews et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6449.
    McGovern v. Meko.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6455.
    Harris v. Ivey et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6456.
    Wright v. Minnesota et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6473.
    Guinn v. Maass, Superintendent, Oregon State Penitentiary, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6478.
    Bigham v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 87-6479.
    Grigorov v. New York.
   App. Term, Sup. Ct. N. Y., 9th and 10th Jud. Dists. Certiorari denied.


text:
    No. 87-6480.
    Lowe v. Green, Superintendent, Rivers Correctional Institution.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6484.
    Wallace v. Upshur.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6494.
    Tyler v. Peart et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6498.
    Elliott v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 87-6501.
    La Rue v. McCarthy et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6503.
    Ennis v. Hoke, Superintendent, Eastern Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-6504.
    Elliott v. Myers, Superintendent, Correctional Training Facility, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6505.
    Reed v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6508.

      Young v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6512.
    Masters v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6513.
    Moody v. Boyles.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6515.
    Conley v. Estate of Conley.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6516.
    Pritchett v. Boutwell, Acting Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6517.
    Monroe v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6519.
    Rial v. Jerisha et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6525.
    Cordeiro v. Conner et al.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 87-6526.
    Green et al. v. Evatt, Commissioner, South Carolina Department of Corrections, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6528.
    Braan v. District of Columbia Public Defender Service.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-6532.
    Fields v. Harrison et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6534.
    Valenzuela Gamez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6535.
    Crawford v. Jabe, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6537.
    Gains v. Scully, Superintendent, Green Haven Correctional Facility.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 87-6541.
    Alston v. Marine Midland Bank, N. A.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 87-6566.
    Watkins v. Jones, Superintendent, Bostick Correctional Center.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6591.
    Bradberry v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6592.
    Estus v. Azzarelli.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6595.
    Hernandez v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-6603.
    Smith v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6608.
    Goldsborough v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6620.
    Hernandez-Beltran v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6641.
    Dale et ux. v. Janklow, Governor of South Dakota, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6666.
    Laurenco v. Bowen, Secretary of Health and Human Services.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6780.
    Lowenfield v. Butler, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1187.
    Hastings, Judge, United States District Court for the Southern District of Florida v. Judicial Conference 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. 87-1221.
    Mississippi v. Parker.
   Sup. Ct. Miss. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-1234.
    Dugger, Secretary, Florida Department of Corrections v. Elledge.
   C. A. 11th Cir. Motion of William Duane Elledge to direct the Clerk to file a cross-petition for writ of certiorari out of time denied. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-1401.
    Cargill, Inc. v. Charter International Oil Co.
   C. A. 11th Cir. Motion of petitioner for leave to submit Rule 28.1 material under seal granted. Certiorari denied. Justice Blackmun took no part in the consideration or decision of this motion and this petition.


text:
    No. 87-1484.
    International Association of Machinists & Aerospace Workers, District Lodge 751 v. Boeing Co. et al.
   C. A. 9th Cir. Certiorari denied.

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


author: Justice Brennan and Justice Marshall,

text:
    No. 87-6254.
    No. 87-6487.
    No. 87-6493.
    No. 87-6495.
    Cuevas v. Texas. Booker v. Dugger, Secretary, Florida Department of Corrections. Pope v. Virginia. Simmons v. Lockhart, Director, Arkansas Department of Correction.
   Ct. Crim. App. Tex.; C. A. 11th Cir.; Sup. Ct. Va.; and C. A. 8th Cir. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-815. No. 87-865. No. 87-1025. No. 87-1050. No. 87-1086. No. 87-1145. No. 87-1149. No. 87-1162. No. 87-5449. No. 87-5454. No. 87-5647. No. 87-5807. No. 87-5873. No. 87-5961. No. 87-5975. No. 87-6014. No. 87-6019. No. 87-6050. No. 87-6127. No. 87-6161. No. 87-6166. No. 87-6181. No. 87-6201. No. 87-6204. No. 87-6207. No. 87-6214.

      Corace v. United States, Gregory Lumber Co., Inc. v. United States, Morgan v. Ohio, In re Goldstein, Damascus v. Borgia et al., Potter v. Wackenhut Corp. et al., Reagin v. Terry et al., Clissuras v. City of New York et al., Andrews v. Shulsen, Warden, et al., Wrenn v. Gould et al., Thompson v. Pfeiffer et al., Johnson v. Armontrout, Warden, Wilson v. Butler, Warden, Latshaw v. Felder et al., Howes v. United States, Shurn v. Illinois, Stumpf v. Ohio, Williams v. Lynaugh, Director, Texas Department of Corrections, Post v. Ohio, Tempel v. Alaska et al., Lashley et ux. v. First National Bank of Live Oak, Olim v. Oklahoma Department of Public Safety, Thomas v. Rafferty, Warden, et al., Milton v. World Savings & Loan Assn., Mehar v. C & P Telephone Company of Maryland, Murphy v. Sisco et al.,
   484 U. S. 1060; 484 U. S. 1061; 484 U. S. 1064; 484 U. S. 1057; 484 U. S. 1066; ante, p. 902; ante, p. 906; 484 U. S. 1053; ante, p. 919; 484 U. S. 1067; ante, p. 907; 484 U. S. 1068; 484 U. S. 1079; 484 U. S. 1069; 484 U. S. 1069; 484 U. S. 1079; 484 U. S. 1079; 484 U. S. 1071; 484 U. S. 1079; 484 U. S. 1075; 484 U. S. 1075; 484 U. S. 1076; 484 U. S. 1076; ante, p. 908; 484 U. S. 1077; and ante, p. 937. Petitions for rehearing denied.


text:
    No. 86-1065.
    O’Sullivan et al. v. United States et al.,
   484 U. S. 1041. Petition for rehearing denied.

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


text:
    No. 86-5237.
    Crim v. Commissioner of Internal Revenue,
   479 U. S. 866. Motion for leave to file petition for rehearing denied.

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

Assignment Order

An order of The Chief Justice designating and assigning Justice Powell (retired) to perform judicial duties in the United States Court of Appeals for the Fourth Circuit during the period of June 6 through June 10, 1988, and for such further time as may be required to complete unfinished business, pursuant to 28 U. S. C. § 294(a), is ordered entered on the minutes of this Court, pursuant to 28 U. S. C. § 295.


text:
    April 20, 1988
    No. 87-6753 (A-786).
    Lawson v. North Carolina.
   Gen. Ct. Justice, Super. Ct. Div., Cabarrus County, N. C. Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    April 22, 1988
    No. 87-1413.
    Gonda v. Federal Deposit Insurance Corporation.
   C. A. 6th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    No. 86-1786.
    United Metal Products Corp. v. National Bank of Detroit.
   C. A. 6th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    April 25, 1988
    No. 86-648.
    Wisconsin Department of Health and Social Services v. Bowen, Secretary of Health and Human Services.
   C. A. 7th Cir. [Certiorari granted, 479 U. S. 1053.] Writ of certiorari dismissed under this Court’s Rule 53.


text:
    No. 87-1117.
    City of Manassas, Virginia, et al. v. United States.
   Affirmed on appeal from C. A. .4th Cir.


text:
    No. 87-1462.
    Rogers v. City of Cheyenne.
   Appeal from Sup. Ct. Wyo. dismissed for want of substantial federal question.


text:
    No. 87-1463.
    Brown v. Brown & Root U. S. A. Inc. et al.
   Appeal from C. A. 5th Cir. Motion of appellant for a free white Christian male bench denied. Appeal dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.,


text:
    No. 87-1503.
    Shipps v. Stoughton Police Department et al.
   Appeal from C. A. 1st Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1539.
    Branson v. California.
   Appeal from App. Dept., Super. Ct. Cal., Los Angeles County, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6539.
    Whitaker v. Peterson et al.
   Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6544.
    Whitaker v. Pascarella et al.
   Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 86-1986.
    North Broward Hospital District v. Bowen, Secretary of Health and Human Services.
   C. A. 11th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Bethesda Hospital Assn. v. Bowen, ante, p. 399.


text:
    No. 87-57.
    University of Cincinnati, dba University Hospital v. Bowen, Secretary of Health and Human Services.
   C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Bethesda Hospital Assn. v. Bowen, ante, p. 399.


text:
    No. 87-443.
    Bowen, Secretary of Health and Human Services v. Adams House Health Care et al.
   C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Bethesda Hospital Assn. v. Bowen, ante, p. 399.


text:
    No.---.
    King v. Kaplan et al.
   Motion to direct the Clerk to file a jurisdictional statement which does not comply with the Rules of this Court and for other relief denied.


text:
    No. A-779.
    Roggio v. United States.
   Application for release on bond, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-814 (87-1625).
    Florida v. Long.
   Sup. Ct. Fla. Application for stay, presented to Justice Kennedy, and by him referred to the Court, denied.


text:
    No. D-661.
    In re Disbarment of Sullivan.
   Disbarment entered. [For earlier order herein, see 484 U. S. 941.]


text:
    No. D-671.
    In re Disbarment of Clinton.
   Disbarment entered. [For earlier order herein, see 484 U. S. 1040.]


text:
    No. D-703.
    In re Disbarment of Gussow.
   It is ordered that Irving B. Gussow, of Fern Park, 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-704.
    In re Disbarment of Pacione.
   It is ordered that Albert P. Pacione, Jr., of Newburgh, 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-705.
    In re Disbarment of Seaman.
   It is ordered that Roger George Seaman, of Chicago, 111., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 86-495. 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.] Motions of the Solicitor General and petitioners K mart Corp. and 47th Street Photo, Inc., for leave to file supplemental briefs on reargument granted.


text:
    No. 87-1279.
    Morrison, Independent Counsel v. Olson et al.
   C. A. D. C. Cir. [Probable jurisdiction noted, 484 U. S. 1058.] Motion of Whitney North Seymour, Jr., Independent Counsel, for leave to file a reply brief as amicus curiae denied.

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


text:
    No. 87-5894.
    Bently v. United States,
   484 U. S. 1017. Motion of petitioner to direct the Clerk to file petition for rehearing out of time denied.

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


text:
    No. 87-1165.
    California et al. v. United States et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 87-1344.
    Meese, Attorney General of the United States, et al. v. Abbott et al.
   C. A. D. C. Cir. Certiorari granted.


text:
    No. 87-1467.
    Exxon Co., U. S. A. v. Banque de Paris et des Pays-Bas.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 87-380.
    Bowen, Secretary of Health and Human Services, et al. v. Tallahassee Memorial Regional Medical Center et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-605.
    Dedman et al. v. Hawaii Board of Land and Natural Resources et al.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 87-913.
    Local 825, International Union of Operating Engineers, et al. v. Catalytic, Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1013.
    Horne v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1214.
    National Cottonseed Products Assn. v. McLaughlin, Secretary of Labor, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1235.
    Abbamonte v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1305.
    Koons Ford of Annapolis, Inc. v. National Labor Relations Board et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-1306.
    South Central Enterprises, Inc., et al. v. Farrington, Trustee.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1415.
    No. 87-1416.
    Missouri Highway and Transportation Commission et al. v. Catlett et al.; and Catlett et al. v. Missouri Highway and Transportation Commission et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1455.
    Florida Power & Light Co. v. Westinghouse Electric Corp.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-1459.
    In re Alexander.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 87-1464.
    Agnew et al. v. Alicanto, S. A., et al.
   C. A. 2d Cir. Certiorari denied.

Reported below: 838 F. 2d 1202.


text:
    No. 87-1468.
    Phillips v. Miner.
   Ct. App. La., 3d Cir. Certiorari denied.


text:
    No. 87-1480.
    Winnebago Tribe of Nebraska v. Department of Revenue of Iowa et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1482.
    Mastelotto et al. v. Exxon Co., U. S. A.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1486.
    Jurisich v. Louisiana Department of Wildlife and Fisheries et al.
   Ct. App. La., 4th Cir. Certiorari denied.


text:
    No. 87-1489.
    Trenton et al. v. Scott Paper Co. et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1523.
    Morris v. Compagnie Maritime des Chargeurs Reunis, S. A., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1537.
    Crowley v. New Hampshire Personnel Commission.
   Sup. Ct. N. H. Certiorari denied.


text:
    No. 87-1544.
    Dresser Industries, Inc. v. Fahy.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 87-1570.
    Ward v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1588.
    King et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6053.
    Shepard v. Marshall, Warden.
   C. A. 6th Cir. ■ Certiorari denied.


text:
    No. 87-6084.
    Shaw v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6105.
    Ellis v. West et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6170.
    Cataldo v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6198.
    Smith v. Eads.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-6225.
    Hochman et al. v. Rafferty, Superintendent, New Jersey State Prison, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6279.
    Lasteed v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6462.
    Seltenrich v. Titus et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6464.
    Lawrence v. United States Army Tank-Automotive Command et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6492.
    Adams v. Department of the Navy.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-6497.
    Jones v. Ralston et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6523.
    March v. Brewster et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6533.
    Drew v. Carroll et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6538.
    Breck v. Ulmer et al.
   Sup. Ct. Alaska. Certiorari denied.


text:
    No. 87-6540.
    Vinson v. Johnson et al.
   C. a. 5th Cir. Certiorari denied.


text:
    No. 87-6546.
    McCray v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 87-6548.
    Sen Gupta v. METCO, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-6555.
    Leon v. Dugger et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6556.
    Hopkins v. Office of Personnel Management.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-6557.
    Grays v. Cabana et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6561.
    Richards et al. v. Peterson.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6562.
    Trove v. Culbertson.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6564.
    Sisco v. County of Los Angeles et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 87-6565.
    Rhoden v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 87-6583.
    Allen v. Estelle, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6594.
    Wesselman v. Seabold, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6604.
    Lewis v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 87-6619.
    Williams v. Water et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6630.
    Gonzalez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6645.
    Clark v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6647.
    Jochim v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 87-6652.
    Sotello v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6669.
    Ibrahim v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6676.
    Khan v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-6685.
    Calle-Cardenas et al. v. United States.
   C. A. 1st Cir. Certiorari denied.


author: Justice Brennan, Justice Marshall,

text:
    No. 87-1017.
    Monroe v. Butler, Warden.
   Crim. Dist. Ct., Orleans Parish, La. Certiorari denied.

Justice Brennan,

dissenting.

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

Justice Marshall,

dissenting.

I continue to believe that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. Gregg v. Georgia, 428 U. S. 153, 231-241 (1976) (Marshall, J., dissenting). But even if I did not hold this view, I would grant this petition for certiorari because the state courts refused to grant petitioner appropriate relief for the State’s violation of his rights under Brady v. Maryland, 373 U. S. 83 (1963). In so doing, the state courts countenanced impermissible official conduct and left the victim of this conduct without effective constitutional protection.

I

In 1980, petitioner Ronald Monroe was brought to trial in New Orleans for the murder of Lenora Collins, a neighbor. The State’s case against petitioner consisted solely of eyewitness identifications by the victim’s two children, both of whom were present when an assailant broke into their mother’s bedroom and stabbed her. There was no physical evidence linking petitioner to the offense. The jury, apparently crediting the testimony of the two children, who at the time of the murder were aged 12 and 11, found petitioner guilty of first-degree murder and unanimously recommended the death sentence.

Six months after Monroe’s conviction, Detective Joseph Gallardo of the Pontiac, Michigan, Police Department contacted a member of the New Orleans Police Department to relate information pertinent to the murder of Lenora Collins. While investigating one George Stinson’s murder of his common-law wife, Detective Gallardo had received a tip suggesting that Stinson also may have murdered Collins, who was Stinson’s previous wife. This tip appeared plausible because both women had died from stab wounds to the neck and chest. Two months after imparting this information, Gallardo again called the New Orleans police. This time, Gallardo told Sergeant John McKenzie about a recent interview he had conducted with Stinson’s cellmate. In the interview, the cellmate had quoted Stinson as first confessing to the Michigan murder and then stating that “the same thing happened” to Collins. The cellmate also had reported that Stinson had confessed to threatening his stepchildren into identifying petitioner as their mother’s killer. According to Gallardo, the Michigan case also contained a suggestion of witness intimidation.

All of this information was transmitted to the New Orleans detectives who had handled the investigation of Collins’ murder. These detectives did not make any further inquiries relating to the Collins case. Neither did the detectives inform petitioner or his counsel of Gallardo’s communications. Not until two years later did petitioner’s counsel discover, through independent investigation, that Gallardo had made these statements to the New Orleans police.

Petitioner thereupon filed a motion in the Orleans Parish Criminal District Court seeking release or retrial. Petitioner alleged that the State had violated his constitutional rights by failing to disclose the information Gallardo had given to the New Orleans police. The Criminal District Court denied petitioner’s motion without an evidentiary hearing, asserting that the new evidence was not sufficiently material to support relief. The Louisiana Supreme Court denied review. State ex rel. Monroe v. Maggio, 444 So. 2d 606 (1984).

Approximately two months later, the United States District Court for the Eastern District of Louisiana granted petitioner’s application for habeas corpus relief. Relying in part on testimony given at an evidentiary hearing, the District Court held that the State had violated petitioner’s constitutional rights under Brady v. Maryland, supra, and United States v. Agurs, 427 U. S. 97 (1976), by failing to disclose the information obtained from Gallardo. The District Court found that this evidence “create[d] a reasonable doubt as to Monroe’s guilt that did not previously exist.” App. to Pet. for Cert. 5c. The court further found that the State’s responsibility to disclose such evidence continued past the point of conviction. The court explained that “it is fundamentally unfair and contrary to society’s notions of justice for a prosecutor to withhold material exculpatory evidence which he acquires while the defendant is entitled to file a motion for a new trial.” Id., at 3c. Having found a Brady violation, the District Court nonetheless refused petitioner’s request for an order directing immediate release or retrial. The court instead remitted the case to the state courts so that they could provide appropriate postconviction relief. Petitioner appealed from the remedial aspect of this judgment, but the United States Court of Appeals for the Fifth Circuit affirmed. Monroe v. Blackburn, 748 F. 2d 958 (1984). This Court denied petitioner’s application for a writ of certiorari. I dissented then from the Court’s failure to review the relief afforded petitioner. See Monroe v. Blackburn, 476 U. S. 1145 (1986).

On remand, the Orleans Parish Criminal District Court once again denied petitioner’s motion for release or retrial. The state court first expressly rejected the Federal District Court’s prior determination that a Brady violation had occurred. The state court reasoned that Brady did not apply to evidence obtained by state officials after a defendant’s trial: in the words of the state court, “it is impossible to accuse the prosecution of ‘suppressing’ this material since it did not exist at the time of trial and therefore could not have been suppressed.” App. to Pet. for Cert. 2a. The court then held that the new evidence did not entitle petitioner to a new trial under state law. A new trial is required under Louisiana law whenever newly discovered evidence, if introduced at the prior trial, would probably have changed the verdict of guilty. The state court found that the new evidence in this case, which it termed an “ambiguous utterance by Stinson,” would not have changed the jury verdict. Id., at 3a. The Louisiana Supreme Court denied review of the Criminal District Court’s decision, and petitioner again applied for certiorari.

II

The Criminal District Court’s pronouncement that no Brady violation occurred in this case is insupportable. On application for habeas corpus relief, a Federal District Court previously had determined that the State’s failure to disclose the exculpatory information received from Detective Gallardo constituted a Brady violation. The state court had no authority to reconsider or re-decide this issue. Once a federal court has determined a federal question in a case, a state court must recognize and give effect to that determination. As this Court stated decades ago:

“[A] right claimed under the Federal Constitution, finally adjudicated in the Federal courts, can never be taken away or impaired by state decisions.
“. . . Any other conclusion strikes down the very foundation of the doctrine of res judicata, and permits the state court to deprive a party of the benefit of its most important principle, and is a virtual abandonment of the final power of the Federal courts to protect all who come before them relying upon rights guaranteed by the Federal Constitution and established by the judgments of the Federal courts.” Deposit Bank v. Frankfort, 191 U. S. 499, 517, 520 (1903).

See also Stoll v. Gottlieb, 305 U. S. 165, 170-171 (1938); Myers v. International Trust Co., 263 U. S. 64, 69, 73 (1923). I would have thought this rule too long established to require reiteration. By flouting it here, and ignoring the determination of the Federal District Court that state officials had committed a Brady violation, the state court acted beyond the scope of its authority and in disregard of settled law.

Given the finding of the Federal District Court that state officials had committed a Brady violation when they suppressed the evidence suggesting that George Stinson rather than petitioner had murdered Lenora Collins, the state court was required to order the release or retrial of petitioner. Until now, the invariable remedy for a prosecutor’s or police' officer’s suppression of material exculpatory evidence has been an order directing release or retrial. The State has not pointed to a single case involving a different remedy, and I am aware of none. Still, the State argues that because the Brady violation at issue here occurred after petitioner’s conviction, the state courts fully remedied the violation by giving petitioner an opportunity to demonstrate that the new evidence entitled him to a second trial under normal principles of state law. This approach, however, disregards one of the most fundamental aspects of this Court’s Brady jurisprudence. This Court consistently has drawn a sharp distinction between newly discovered evidence suppressed by the State and newly discovered evidence obtained from a neutral source; the Court has reasoned that if these two categories of evidence were treated in the same manner, “there would be no special significance to the prosecutor’s obligation to serve the cause of justice.” United States v. Agurs, supra, at 111. To “remedy” a postconviction Brady violation merely by evaluating the suppressed evidence under the state-law standard governing motions for a new trial is to violate this established principle; such a remedy treats the evidence as if it had derived from a neutral source and thereby ignores the dereliction of state officials. In so doing, this remedy removes from the State any incentive to disclose material exculpatory evidence gained after conviction and trivializes the constitutional right recognized by Brady and its progeny. Because I do not believe that this Court should tolerate such a dilution of the Brady rule, especially in the context of a capital case in which the withheld evidence is strongly exculpatory, I dissent from the denial of certiorari.


text:
    No. 87-1287.
    Humphries v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al.
   C. A. 4th Cir. Motion of International Longshoremen’s Association, AFL-CIO, for leave to file a brief as amicus curiae granted. Certiorari denied.

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


text:
    No. 87-1452.
    Wise et al. v. Arlington County, Virginia, et al.
   C. A. 4th Cir. Certiorari denied.

Justice Brennan and Justice Marshall would grant certiorari.


text:
    No. 87-1472.
    Owens-Illinois, Inc., et al. v. Danfield et ux.
   C. A. 3d Cir. Certiorari denied.

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


text:
    No. 87-1479.
    Carlin Communications, Inc., et al. v. Mountain States Telephone & Telegraph Co.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 87-6087.
    Poliak v. United States.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 87-6260.
    No. 87-6522.
    No. 87-6554.
    Rougeau v. Texas. Messer v. Zant, Warden. Oliver v. North Carolina.
   Ct. Crim. App. Tex.; C. A. 11th Cir.; and Gen. Ct. Justice, Super. Ct. Div., Robeson County, N. C. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-6570.
    Brennan v. City of Mount Dora, Florida, et al.
   D. C. M. D. Fla. Certiorari before judgment denied.


text:
    No. 87-317.
    Bemis Pentecostal Church et al. v. Tennessee et al.,
   ante, p. 930. Petition for rehearing denied.


text:
    No. 87-1166.
    No. 87-5323.
    No. 87-5888.
    No. 87-6236.
    No. 87-6266.
    No. 87-6308.
    No. 87-6336.
    No. 87-616.
    Mendez v. Mendez, Steffen v. Ohio, In re Roy, Alderman v. Georgia, Ford v. Georgia, Eakins v. Foltz, Warden, Peters v. Trowell et al., Beck et al. v. Manufacturers Hanover Trust Co. et al.,
   ante, p. 942; ante, p. 916; ante, p. 932; ante, p. 943; ante, p. 943; ante, p. 938; and ante, p. 967. Petitions for rehearing denied. 484 U. S. 1005. Motion for leave to file petition for rehearing denied.

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


text:
    April 27, 1988
    No. 87-6823 (A-817).
    Smith v. North Carolina.
   Gen. Ct. Justice, Super. Ct. Div., Halifax County, N. C. Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    May 2. 1988
    No. 87-1526.
    Christensen v. Utah State Tax Commission.
   Appeal from Sup. Ct. Utah dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6568.
    Spellman v. United States et al.
   Appeal from C. A. D. C. Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-6589.
    Mingledolph v. McKean et al.
   Appeal from D. C. N. D. Ill. dismissed for want of jurisdiction.


text:
    No. 87-1414.
    Marino v. United States.
   C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Mathews v. United States, ante, p. 58.

Miscellaneous Orders


text:
    No.---.
    Hodges v. United States et al.
   Motion to direct the Clerk to file the petition for writ of certiorari out of time denied.


text:
    No. A-761 (87-1320).
    Rosenbaum v. Rosenbaum.
   Application to suspend the effect of the order entered March 21, 1988 [ante, p. 950], addressed to Justice Scalia and referred to the Court, denied.


text:
    No. A-763.
    Modjeski & Masters v. Carter et al.
   Application for stay, filed with Justice White, and referred by him to the Court, is hereby granted, and the temporary stay entered by Justice White on April 15, 1988, is vacated.

The judgments of the Louisiana Court of Appeal for the Fourth Circuit and the Louisiana Civil District Court for the Parish of Orleans are stayed pending the timely docketing of an appeal by appellant in the above-entitled case. Should such an appeal be so timely docketed, this order is to continue pending this Court’s action on the jurisdictional statement or further disposition of such appeal.

This order is conditioned upon the timely posting with the Louisiana Civil District Court for the Parish of Orleans of a good and sufficient bond in the amount of $700,000 plus interest from April 15, 1988, by appellant Modjeski & Masters, covering any potential obligations under the judgment of the Louisiana Civil District Court for the Parish of Orleans. Unless and until Modjeski & Masters posts said bond, the stay is expressly conditioned on appellant’s taking no action to reduce its current net worth and, in particular, not:

(A) distributing any earnings of the firm to its partners who continue to work for the firm, except as they have been receiving heretofore in salary and benefits or as provided in (B) and (D) below, or
distributing any earnings of the firm to its partners for so long as the net worth of the firm is below $700,000, or (B)
transferring or encumbering any existing assets, funds, or existing contracts of the partnership to or on behalf of any other parties, beyond security interests or liens already in existence, except as is necessary in the ordinary course of its business, for the defense or settlement or both of the pending actions against it, or for payment to associates and employees in accordance with with existing employment contracts; (C)

And further provided that

(D) Profits accumulated after the payment of salaries and other expenses shall be distributed as follows:
(1) If the net worth of the firm is between $700,000 and $1.1 million, then up to 50% of accumulated profits may be distributed to the partners; the remainder will be accumulated in the partnership,
(2) If the net worth of the firm is above $1.1 million, then all profits above that amount may be distributed to the partners; and
(E) Appellant shall furnish to appellees within 30 days of the end of each quarter:
(1) a statement from the managing partner of Modjeski & Masters and from its certified public accountants that all provisions of this order have been complied with, and
(2) balance sheet and income statements for each such quarter; and
(F) Within 120 days of the end of the calendar year, appellant shall provide annual balance and income statements to appellees; and
(G) Appellees shall keep confidential all financial data provided under this order; and
(H) If the net worth of Modjeski & Masters falls below $700,000, appellees may apply to the Court for further relief; and
(I) Appellees shall have the right to select an independent auditor to inspect any and all records of the appellant to ascertain whether appellant is complying with the provisions of this stay.
(J) Should appellees find it necessary to seek additional relief to enforce the terms of this order, they shall apply to the Louisiana Civil District Court for the Parish of Orleans.


text:
    No. A-811.
    Mitchell et al. v. United States.
   Application for release pending appeal, presented to Justice Marshall, and by him referred to the Court, denied. Justice Marshall took no part in the consideration or decision of this application.


text:
    No. D-706.
    In re Disbarment of Purvis.
   It is ordered that Charles M. Purvis, of Birmingham, Ala., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 86-1904.
    Arizona v. Youngblood.
   Ct. App. Ariz. [Certiorari granted, ante, p. 903.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 87-1095.
    Director, Office of Workers’ Compensation Programs, United States Department of Labor v. Broyles et al.
   C. A. 4th Cir. [Certiorari granted, ante, p. 987.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 87-6618.
    In re Harris.
   Petition for writ of mandamus denied.


text:
    No. 87-1064.
    United States v. Stuart et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 87-1040.
    Miller v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1291.
    Stokwitz v. United States et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1317.
    Guste, Attorney General of Louisiana, et al. v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1352.
    Board of Trustees of the University of Arkansas et al. v. Legrand et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 87-1363.
    Kelly, Chief State’s Attorney, et al. v. Wilkinson et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1381.
    Margolin v. Board of Education, Commack Union Free School District.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 87-1390.
    Makah Tribe et al. v. Washington et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1421.
    City of Columbus, Ohio, et al. v. Brunet et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-1466.
    Ainsworth et ux. v. Shell Offshore Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-1483.
    Teng v. Alabama Agricultural and Mechanical University.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1500.
    Schuyt v. Rowe Price Prime Reserve Fund, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1501.
    Farwest Steel Corp. v. Barge SEA-SPAN 241, aka Barge CERES, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1502.
    Gordon v. Gordon.
   Ct. App. Mo., Southern Dist. Certiorari denied.


text:
    No. 87-1504.
    Loengard et al. v. Santa Fe Industries, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1508.
    Bean Dredging Corp. v. Olsen, Commissioner of Revenue of Tennessee.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 87-1512.
    Dority v. Oregon.
   Ct. App. Ore. Certiorari denied.


text:
    No. 87-1517.
    St. Johns County, Florida v. Lucas et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1524.
    Honeywell, Inc., et al. v. Luzadder, Executrix of the Estate of Luzadder, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1527.
    Christensen v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1528.
    George V. v. State Bar of California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 87-1531.
    Cruz v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 87-1534.
    Guffey v. City of Kirksville, Missouri.
   Ct. App. Mo., Western Dist. Certiorari denied.


text:
    No. 87-1540.
    McKinsey et al. v. Donivan et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1554.
    Rockefeller Group, Inc., et al. v. 48th Street Steakhouse, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1580.
    Loeschnig v. Chrysler Credit Corp. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1583.
    Vermont Department of Taxes v. Keys et ux.
   Sup. Ct. Vt. Certiorari denied.


text:
    No. 87-1604.
    Kane v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-1623.
    Sztan v. Department of the Navy.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 87-1645.
    Kalvans v. Department of Attorney General of Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 87-1673.
    Illinois Central Gulf Railroad Co. v. Mister.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-6119.
    Branch v. Utah.
   Sup. Ct. Utah. Certiorari denied.


text:
    No. 87-6343.
    Henslee v. Sykes, Director, Department of Administrative Services.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 87-6421.
    Frazier v. Seabold, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6509.
    Taylor v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 87-6567.
    Parks v. Allsbrook, Superintendent, Odom Complex, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6569.
    Walls v. Adult Parole Authority of Ohio.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6576.
    Bagley v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 87-6577.
    Laracuente v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 87-6578.
    Bush v. Petsock, Superintendent, State Correctional Institution and Diagnostic and Classification Center at Pittsburgh.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6579.
    James v. Alford, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 87-6585.
    Losey v. Dugger, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-6586.
    Wallmuller v. California.
   Ct. App. Cal., 6th App. Dist. Certiorari denied.


text:
    No. 87-6587.
    Pryor v. Texas.
   Ct. App. Tex., 5th Dist. Certiorari denied.


text:
    No. 87-6590.
    Morris v. Doan et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 87-6599.
    Moore v. Fulcomer, Superintendent, State Correctional Institution at Huntingdon.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-6600.
    Brown v. Diaz et al.
   Ct. App. Ga. Certiorari denied.

Reported below: 184 Ga. App. 409, 361 S. E. 2d 490.


text:
    No. 87-6614.
    Bennett v. Westfall, Sheriff of Jackson County, West Virginia, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 87-6662.
    Oglesby v. Indiana.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 87-6679.
    Gorod v. Demong et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-6694.
    Kotyk v. Ward, Police Commissioner of the City of New York, et al.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


author: Justice White,

text:
    No. 87-725.
    Cutillo et al. v. Cinnelli.
   C. A. 1st Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.

Justice White,

with whom

The Chief Justice and Justice O’Connor join, dissenting.

In Weatherford v. Bursey, 429 U. S. 545, 558 (1977), we held that establishing a violation of a defendant’s Sixth Amendment right to counsel requires a showing of “at least a realistic possibility” of prejudice to the defendant or benefit to the prosecution. See also United States v. Morrison, 449 U. S. 361, 365-366 (1981). This case presents the issue of who bears the burden of persuasion for establishing prejudice or lack thereof when the Sixth Amendment violation involves the transmission of confidential defense strategy information. The First Circuit held that where confidential defense strategy information is transmitted to the prosecution and the defendant makes a prima facie showing of prejudice, the burden then shifts to the prosecution to prove that there was no prejudice to the defendant from the disclosure. Cinelli v. City of Revere, 820 F. 2d 474, 478, 480 (1987); accord, United States v. Mastroianni, 749 F. 2d 900, 907-908 (CA1 1984). This position conflicts with the approach of other Circuits of requiring the defendant to prove prejudice. United States v. Steele, 727 F. 2d 580, 586-587 (CA6), cert. denied sub nom. Scarborough v. United States, 467 U. S. 1209 (1984); United States v. Irwin, 612 F. 2d 1182, 1186-1189 (CA9 1980). It also conflicts with a third position that once a defendant shows that the prosecution has improperly-obtained confidential defense strategy information or has intentionally placed an informer in the defense camp then no showing of prejudice is required, for those acts constitute a per se violation of the Sixth Amendment. United States v. Costanzo, 740 F. 2d 251, 254-255 (CA3 1984), cert. denied, 472 U. S. 1017 (1985). Because of these conflicting approaches among the Circuits, I would grant certiorari.


text:
    No. 87-1274.
    United Steelworkers of America, AFL-CIO-CLC, et al. v. Cherokee Electric Cooperative.
   C. A. 11th Cir. Certiorari denied.

Justice White,

dissenting.

This case presents the question whether labor and management may be compelled to arbitrate a grievance that indisputably was filed outside the time limits provided by their collective-bargaining agreement.

The parties to this action entered into a collective-bargaining agreement that provided that “[a]ny grievance not reported within five (5) working days of first knowledge of the occurrence causing the grievance shall be deemed wiaved [sic] and non-existent.” The grievance at issue here was not reported within the 5-day period. The employer therefore refused to submit the grievance to arbitration.

The union brought an action to compel arbitration in the District Court for the Northern District of Alabama. The court dismissed the action on summary judgment on the ground that the employer “did not agree to submit to arbitration grievances which on their face are untimely and to which the timeliness issue is not disputed.” The court rejected the union’s contention that the timelin'ess issue ought to have been submitted to the arbitrator. “To permit an arbitrator to arbitrate the issue of timeliness where there is no dispute over the facts bearing on the timeliness issue would be to waste the time of the arbitrator and of the parties,” reasoned the court, “and if an arbitrator should erroneously find that this particular grievance was timely filed, the finding would be so manifestly arbitrary and capricious as to require a reviewing court to set it aside.” The Court of Appeals for the Eleventh Circuit affirmed summarily. 829 F. 2d 1131 (1987).

The decision in this case conflicts with decisions of several other Federal Courts of Appeals. Those courts have construed our decision in John Wiley & Sons, Inc. v. Livingston, 376 U. S. 543 (1964), as requiring that the arbitrator resolve all procedural objections to arbitration so long as the subject matter of the grievance is covered by an arbitration agreement. See, e. g., Niro v. Fearn Int’l, Inc., 827 F. 2d 173, 175-176 (CA7 1987); Washington Hospital Center v. Service Employees Int’l Union, Local 722, 241 U. S. App. D. C. 186, 189-191, 746 F. 2d 1503, 1506-1508 (1984); Automotive, Petroleum & Allied Industries Employees Union, Local 618 v. Town & Country Ford, Inc., 709 F. 2d 509, 511-514 (CA8 1983).

In Washington Hospital Center, for example, the union failed to give notice that a grievance had been referred to arbitration within the time specified by the collective-bargaining agreement. It was nonetheless held that the arbitrability of the grievance had to be decided by the arbitrator rather than the courts. The District of Columbia Circuit reasoned that a dispute over “'the significance of a default in literal compliance with a contractual procedural requirement,’ ” like a dispute over a substantive contractual provision, requires “ ‘a determination of the intention of the parties to the contract’” that must be made by the arbitrator. 241 U. S. App. D. C., at 191, 746 F. 2d, at 1508 (quoting Chauffeurs, Teamsters & Helpers, Local 765 v. Stroehmann Bros. Co., 625 F. 2d 1092, 1093 (CA3 1980)).

I would grant certiorari to resolve the conflict among the Courts of Appeals on this question of federal labor law.


text:
    No. 87-1341.
    Brown Co. et al. v. National Labor Relations Board.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 87-6593.
    Ferguson v. Donaldson, Judge, San Francisco Municipal Court.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 87-1342.
    Arambulo v. United States.
   C. A. 2d Cir. Motion of petitioner for leave to file transcript of proceeding in the District Court under seal granted. Certiorari denied.


text:
    No. 87-1558.
    Ohio v. Murphy.
   Ct. App. Ohio, Summit County. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 87-6138.
    Modden v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.

Justice Brennan,

dissenting.

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

Justice Marshall,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U. S. 153, 231-241 (1976) (Marshall, J., dissenting), I would grant the petition for certiorari and vacate petitioner’s death sentence. But even if I did not hold this view, I would grant the petition for certiorari and remand this case for a hearing to consider petitioner’s claim that the prosecutor improperly used peremptory challenges to exclude black persons from the jury in violation of the Equal Protection Clause.

The Equal Protection Clause of the Fourteenth Amendment forbids the prosecution’s exercise of peremptory challenges against prospective jurors “solely on account of their race or on the assumption that black jurors as a group will be unable impartially to consider the State’s case against a black defendant.” Batson v. Kentucky, 476 U. S. 79, 89 (1986). Recognizing the “crippling burden” that up to then had been placed on defendants claiming discrimination, id., at 92, this Court in Batson dramatically altered the evidentiary burden facing defendants who claim that a prosecutor has improperly used peremptory challenges to exclude members of their racial group from a jury panel. Under Batson, a defendant makes a prima facie showing of purposeful discrimination in the selection of the venire by showing that he is a member of a cognizable racial group, that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant’s race, and that these facts, along with any other relevant circumstances, raise an inference that the prosecutor used peremptory challenges to exclude venirepersons on account of their race. Id., at 96. Once the defendant makes such a prima facie showing, the burden shifts to the prosecution to come forward with a race-neutral explanation for challenging the prospective jurors. Id., at 97.

In this case, petitioner, a black man, was charged with murdering a white woman in the course of committing a robbery. During jury selection, the prosecution exercised three peremptory strikes to exclude black jurors from the venire. The prosecution also challenged for cause five other black venirepersons. Although petitioner complained about the exclusion of black persons from the jury, the trial court apparently never asked the prosecutor to explain the exercise of peremptory challenges to exclude black venirepersons, and no explanation was given. As a result of the prosecutor’s use of peremptory challenges and exclusions for cause, only one black person was ultimately selected to serve on the jury that convicted petitioner and sentenced him to death. Although the record is sparse, in my view petitioner has made a prima facie showing under Batson of the discriminatory exercise of peremptory challenges.

Because petitioner has made a prima facie showing of discrimination, the burden falls on the prosecution to give a race-neutral explanation for its use of peremptory challenges. Petitioner’s trial concluded before this Court decided Batson, so it is not surprising that the trial court failed to determine whether the prosecutor could proffer a race-neutral explanation for the challenges. Under these circumstances, I would vacate the judgment of the Texas Court of Criminal Appeals and remand with instructions that a hearing be held to consider petitioner’s claim that the prosecution’s use of peremptory challenges violated his rights under the Equal Protection Clause.

       In Griffith v. Kentucky, 479 U. S. 314, 328 (1987), this Court ruled that the holding of Batson v. Kentucky, 476 U. S. 79 (1986), “is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final.” When Batson was decided, petitioner’s case was still pending on direct review of his conviction and sentence.


text:
    No. 87-972.
    No. 87-1237.
    No. 87-1334.
    No. 87-6351.
    Scharrer v. United States, Yee v. Smith et al., Bell et al. v. United States, Bespalchenko v. German Federal Government et al.,
   ante, p. 935; ante, p. 936; ante, p. 934; and ante, p. 979. Petitions for rehearing denied.


text:
    May 4, 1988
    No. A-800.
    FW/PBS, Inc., dba Paris Adult Bookstore II, et al. v. City of Dallas et al.
   Application for stay, filed with Justice White, has been referred to the Court. Justice White’s temporary stay is hereby vacated. Application for stay is granted, and judgment of the United States Court of Appeals for the Fifth Circuit is stayed, except for its holding that the provisions of the ordinance regulating the location of sexually oriented businesses do not violate the Federal Constitution, pending the timely filing and disposition of a petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay is to terminate automatically. In the event the petition for writ of certiorari is granted, this stay is to continue in effect pending the sending down of the judgment of this Court.


text:
    May 10, 1988
    No. A-858 (87-6927).
    Hamilton, as Natural Mother and Next Friend of Smith v. Texas.
   Ct. Crim. App. Tex. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.


text:
    May 13, 1988
    No. 87-1339.
    Usman v. Immigration and Naturalization Service.
   C. A. 6th Cir. Certiorari dismissed under this Court’s Rule 53.