text:
    No. 87-1896.
    Rosenthal v. State Bar of California,
   488 U. S. 805 and 987. Motion of appellant for leave to file second petition for rehearing denied.


source: Caselaw Access Project

license: Public Domain

text:
    March 6, 1989
    No. 87-1860.
    Milliken et al. v. Michigan Road Builders Assn., Inc., et al.
   Affirmed on appeal from C. A. 6th Cir.


text:
    No. 88-977.
    Colorado-Ute Electric Assn., Inc., et al. v. Public Utilities Commission of Colorado et al.
   Appeal from Sup. Ct. Colo, dismissed for want of properly presented federal question.


text:
    No. 87-1001.
    H. K. Porter Co., Inc. v. Metropolitan Dade County, Florida, et al.
   C. A. 11th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Richmond v. J. A. Croson Co., 488 U. S. 469 (1989).

Justice Brennan, Justice Marshall, Justice Blackmun, and Justice Stevens would deny certiorari.


text:
    No. 88-802.
    Smith et al. v. Stoneking.
   C. A. 3d Cir. Motion of petitioners to consolidate this case with No. 88-1350, Smith v. Sowers, denied. Certiorari granted, judgment vacated, and case remanded for further consideration in light of DeShaney v. Winnebago County Dept. of Social Services, ante, p. 189.


text:
    No. 88-816.
    City of New Kensington et al. v. Horton, Individually and as Administratrix of the Estate of Powdrill.
   C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of DeShaney v. Winnebago County Dept. of Social Services, ante, p. 189.


text:
    No. -- - ----.
    Lathen v. United States.
   Application for extension of time within which to file petition for writ of certiorari out of time denied.


text:
    No. -- - ----.
    Ward et al. v. Freedman.
   Motion of petitioners for leave to file petition for writ of certiorari under seal denied.


text:
    No. A-624.
    Boyce v. Israelite Bible Class, Inc.
   App. Ct. Ill., 5th Dist. Application for stay, presented to Justice Stevens, and by him referred to the Court, denied.


text:
    No. A-690 (88-6635).
    Williams v. Kemp, Warden.
   C. A. 11th Cir. Application of the Attorney General of Georgia to vacate the stay of execution granted by the United States Court of Appeals for the Eleventh Circuit, presented to Justice Kennedy, and by him referred to the Court, denied.


text:
    No. 112
    Orig.
    Wyoming v. Oklahoma.
   It is ordered that the Hon. Philip W. Tone, of Chicago, Ill., be appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Special Master is directed to submit such reports as he may deem appropriate.

The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his report, and all other expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. [For earlier order herein, see, e. g., 488 U. S. 921.]


text:
    No. 88-333.
    Alabama v. Smith.
   Sup. Ct. Ala. [Certiorari granted, 488 U. S. 1003.] Motion for appointment of counsel granted, and it is ordered that Delores Boyd, Esq., of Montgomery, Ala., be appointed to serve as counsel for respondent in this case.


text:
    No. 88-412.
    Hoffman, Trustee v. Connecticut Department of Income Maintenance et al.
   C. A. 2d Cir. [Certio-rari granted, 488 U. S. 1003.] Motion of INSLAW, Inc., for leave to file a brief as amicus curiae granted.


text:
    No. 88-515.
    No. 88-525.
    Sable Communications of California, Inc. v. Federal Communications Commission et al.; and Federal Communications Commission et al. v. Sable Communications of California, Inc.
   D. C. C. D. Cal. [Probable jurisdiction noted, 488 U. S. 1003.] Motions of United States Catholic Conference, American Family Association, Inc., and Morality in Media, Inc., for leave to file briefs as amici curiae granted.


text:
    No. 88-605.
    Webster, Attorney General of Missouri, et al. v. Reproductive Health Services et al.
   C. A. 8th Cir. [Probable jurisdiction noted, 488 U. S. 1003.] Motions of James Joseph Lynch, Jr., and National Legal Foundation for leave to file briefs as amici curiae granted. Motion of Legal Defense for Unborn Children for leave to file a brief as amicus curiae denied. Motion of Alan Ernest for leave to represent children unborn and born alive denied.


text:
    No. 88-1083.
    John Doe Agency et al. v. John Doe Corp.
   C. A. 2d Cir. [Certiorari granted, ante, p. 1009.] Motion of respondent to advance oral argument denied.


text:
    No. 88-1281.
    Ngiraingas et al. v. Sanchez et al.
   C. A. 9th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

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


text:
    No. 88-6352.
    Burkart v. Post-Browning, Inc.
   C. A. 6th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until March 27, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Brennan, Justice Marshall, and Justice Stevens,

dissenting.

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


text:
    No. 88-6415.
    No. 88-6538.
    In re Abdullah, aka White; and In re Sindram.
   Petitions for writs of habeas corpus denied.


text:
    No. 87-1965.
    Zinermon et al. v. Burch.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 88-599.
    Washington et al. v. Harper.
   Sup. Ct. Wash. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 88-854.
    No. 88-856.
    No. 88-870.
    Spallone v. United States et al.; Chema v. United States et al.; and Longo et al. v. United States et al.
   C. A. 2d Cir. Certiorari granted in No. 88-854. Certiorari granted in No. 88-856 limited to Questions 1 through 5 presented by the petition. Certiorari granted in No. 88-870. Cases consolidated and a total of one hour allotted for oral argument. Reported below: 856 F. 2d 444.


text:
    No. 87-521.
    Ledbetter, Commissioner of Georgia Department of Human Resources, et al. v. Taylor.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1926.
    Upper Darby Township et al. v. Colburn, Administratrix of the Estate of Stierheim.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 87-2034.
    Barbera, Administratrix of the Goods, Chattels, and Credits of Barbera v. Schlessinger, United States Attorney for the Southern District of New York.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-2054.
    O’Connor et al. v. Estate of Conners et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-2120.
    Jorda v. City of New Brunswick et al.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 88-576.
    Archie et al. v. City of Racine et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-684.
    Maine et al. v. United States Environmental Protection Agency et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 88-796.
    McIntosh et al. v. Arkansas.
   Sup. Ct. Ark.

Certiorari denied.


text:
    No. 88-810.
    District of Columbia v. Parker et ux.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 88-841.
    Stevens v. Tillman et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-847.
    Sims v. Alabama.
   Ct. Crim. App. Ala. Certio-rari denied.


text:
    No. 88-855.
    City of Yonkers v. United States et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-905.
    Kohlman v. Bob Marshall Alliance et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-953.
    Phenix Federal Savings & Loan Assn. v. Shearson Lehman Hutton, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-967.
    No. 88-1027.
    Scotto et al. v. United States; and Zauber v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 857 F. 2d 137.


text:
    No. 88-968.
    No. 88-994.
    No. 88-1169.
    No. 88-1176.
    No. 88-1184.
    Brotherhood of Locomotive Engineers v. Newton et al.; Chicago & North Western Transportation Co. v. Beardsly et al.; United Transportation Union v. Beardsly et al.; Newton et al. v. Brotherhood of Locomotive Engineers et al.; and Beardsly et al. v. Chicago & North Western Transportation Co. et al.
   C. A. 8th Cir. Certiorari denied. Reported below: 850 F. 2d 1255.


text:
    No. 88-974.
    No. 88-1148.
    Kiamichi Area Vocational-Technical School District No. 7 v. Short; and Short v. Kiamichi Area Vocational-Technical School District No. 7.
   Sup. Ct. Okla. Certiorari denied. Reported below: 761 P. 2d 472.


text:
    No. 88-982.
    Wall Street Publishing Institute, Inc. v. Securities and Exchange Commission.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 88-1052.
    Johns-Manville Corp. et al. v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 88-1100.
    Tennessee Wildlife Resources Agency v. Equal Employment Opportunity Commission.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1138.
    Delta Air Lines, Inc. v. Criswell et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1143.
    National Bank & Trust Co. of North America, Ltd., dba NATCORP v. Banco de Vizcaya, S. A.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 88-1145.
    No. 88-1163.
    Dong-A Ilbo et al. v. Lee; and Central Virginia Educational Television Corp. v. Lee.
   C. A. 4th Cir. Certiorari denied. Reported below: 849 F. 2d 876.


text:
    No. 88-1149.
    Cessna Aircraft Co. v. Butcher et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1168.
    Swain et al. v. Lindsey.
   Ct. App. Ky. Cer-tiorari denied.


text:
    No. 88-1181.
    Cunningham, per Next Friend, Cunningham, et al. v. Beavers, Superintendent of Schools, Jacksonville Independent School District, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1185.
    Walters v. First Tennessee Bank, N. A. Memphis.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1195.
    Sere v. Headquarters, Defense Communications Agency.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-1224.
    Reed v. Northwestern Publishing Co., dba Commercial News, et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 88-1257.
    Kertesz v. University of Southern California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 88-1276.
    Machen v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-1301.
    Pugliese et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-1307.
    Posner et al. v. United States.
   C. A. 7th Cir. Certi'orari denied.


text:
    No. 88-1312.
    Estate of Cornett et al. v. Estate of Sikes et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1326.
    Sciarra et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-5062.
    Molton, Administrator for the Estate of Molton v. City of Cleveland et al.
   C. A. 6th Cir. Certio-rari denied.


text:
    No. 88-5878.
    Prenzler v. Director, Office of Workers’ Compensation Programs, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-5966.
    McDonald v. Tansy, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6008.
    Muhammad v. Quinlan, Director, Bureau of Prisons, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6026.
    Grider v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6063.
    Yagow v. Production Credit Association of Fargo.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6064.
    Yagow v. Production Credit Association of Fargo.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6073.
    Yagow v. Production Credit Association of Fargo.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6105.
    Bell v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6212.
    No. 88-6331.
    Robinson v. United States; and Blankenship v. United States.
   C. A. 6th Cir. Certiorari denied. Reported below: 862 F. 2d 316.


text:
    No. 88-6258.
    Potts v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 88-6293.
    Robinson v. United States et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6319.
    Redwine v. Georgia.
   Ct. App. Ga. Certio-rari denied.


text:
    No. 88-6320.
    Brown v. Virginia.
   Ct. App. Va. Certiorari denied.


text:
    No. 88-6321.
    Brown v. Virginia.
   Ct. App. Va. Certiorari denied.


text:
    No. 88-6324.
    Boyd v. Puckett, Superintendent, Mississippi State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6329.
    Parker v. Sumner, Director, Nevada Department of Prisons, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6335.
    Jackson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6336.
    Chipps v. United States Department of Education et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-6337.
    Elliott v. Myers, Superintendent, Correctional Training Facility at Soledad, California.
   C. A. 9th Cir. ■ Certiorari denied.


text:
    No. 88-6343.
    Benson v. Florida.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 88-6358.
    Hicks v. Fair, Commissioner, Massachusetts Department of Corrections.
   C. A. 1st Cir. Certio-rari denied.


text:
    No. 88-6372.
    Daniels v. Connecticut.
   Sup. Ct. Conn.

Certiorari denied.


text:
    No. 88-6373.
    Green, aka Hornung v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6395.
    Shannon v. Klincar, Chairman, Illinois Prisoner Review Board, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-6403.
    Long v. United States Court of Appeals for the Federal Circuit.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 88-6427.
    Hargrove v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 88-6430.
    Delgado et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6432.
    Caballero Salinas v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6433.
    Collicott v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6437.
    Bates v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6441.
    Pazos-Flores v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6442.
    Rolling v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6445.
    Gambino v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6446.
    Cole v. United States.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 88-6451.
    Entelisano v. Felt.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 88-6452.
    Ramey v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6459.
    No. 88-6499.
    Solomon v. United States; and Solomon v. United States.
   C. A. 11th Cir. Certiorari denied. Reported below: 856 F. 2d 1572.


text:
    No. 88-6462.
    Garcia et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-6465.
    Bryant v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6478.
    Ortiz v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 88-6487.
    Green v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6488.
    Longmire v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-6492.
    Weisman v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6495.
    Adeyemi v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6498.
    Packard v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 87-1460.
    Dugger, Secretary, Florida Department of Corrections, et al. v. Hargrave.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 87-2073.
    Dugger, Secretary, Florida Department of Corrections v. Mann.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 88-800.
    Dugger, Secretary, Florida Department of Corrections, et al. v. Stone.
   C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Cer-tiorari denied.


text:
    No. 88-1074.
    Virginia et al. v. Stockton.
   C. A. 4th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 88-958.
    Cooper v. United States.
   C. A. 3d Cir. Cer-tiorari denied.

Justice White would grant certiorari.


author: Justice Brennan and Justice Marshall,

text:
    No. 88-5136.
    No. 88-5169.
    No. 88-5216.
    No. 88-5582.
    No. 88-5750.
    No. 88-5799.
    Grossman v. Florida. Spisak v. Ohio. Harich v. Dugger, Secretary, Florida Department of Corrections. Ford v. Dugger, Secretary, Florida Department of Corrections. Clark v. Ohio. Beuke v. Ohio. Stewart v. Illinois. Preston v. Florida. McLain v. California. Henderson v. Ohio. Irick v. Tennessee. Maurer v. Ohio. Bedford v. Ohio.
   Sup. Ct. Fla.;

Sup. Ct. Ohio;

C. A. 11th Cir.;

Sup. Ct. Fla.;

Sup. Ct. Ohio;

Sup. Ct. Ohio;

No. 88-6005.

No. 88-6121.

No. 88-6187.

No. 88-6224.

No. 88-6287.

No. 88-6317.

No. 88-6353.

Sup. Ct. Ill.;

Sup. Ct. Fla.;

Sup. Ct. Cal.;

Sup. Ct. Ohio;

Sup. Ct. Tenn.;

Ct. App. Ohio, Stark County; and

Sup. Ct. Ohio. Certiorari denied. Reported below: No. 88-5136, 525 So. 2d 833; No. 88-5169, 36 Ohio St. 3d 80, 521 N. E. 2d 800; No. 88-5216, 844 F. 2d 1464; No. 88-5582, 522 So. 2d 345; No. 88-5750, 38 Ohio St. 3d 252, 527 N. E. 2d 844; No. 88-5799, 38 Ohio St. 3d 29, 526 N. E. 2d 274; No. 88-6005, 123 Ill. 2d 368, 528 N. E. 2d 631; No. 88-6121, 528 So. 2d 896; No. 88-6187, 46 Cal. 3d 97, 757 P. 2d 569; No. 88-6224, 39 Ohio St. 3d 24, 528 N. E. 2d 1237; No. 88-6287, 762 S. W. 2d 121; No. 88-6353, 39 Ohio St. 3d 122, 529 N. E. 2d 913.

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. 88-6326 (A-600).
    Cockrum v. Texas.
   Ct. Crim. App. Tex. Application for stay of mandate, presented to Justice White, 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 and the petition for writ of certiorari and would vacate the death sentence in this case.


text:
    No. 86-1650.
    No. 87-2121.
    Trans World Airlines, Inc. v. Independent Federation of Flight Attendants, Dobard v. Oscar Daste & Sons, Inc., Asam v. Shapiro et al., Nieves v. Marina Gardens No. 1, Inc., Gilmore v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, Tallman v. Kelley, Robertson v. City of Eunice, New Mexico, Dodrill v. Tate, Superintendent, Chillicothe Correctional Institute,
   485 U. S. 175;

488 U. S. 828;

No. 88-836.

No. 88-838.

No. 88-5561.

No. 88-5910.

No. 88-5942.

No. 88-5960.

488 U. S. 1024;

488 U. S. 1024;

488 U. S. 1031;

488 U. S. 1025;

488 U. S. 1033; and

488 U. S. 1044. Petitions for rehearing denied.


text:
    March 14, 1989
    No. 88-5708.
    Shragai v. Shragai.
   Ct. App. N. Y. Certio-rari dismissed under this Court’s Rule 53.


text:
    No. 88-6721 (A-696).
    Beam v. Idaho.
   Sup. Ct. Idaho. Application to continue stay of execution of death warrant, presented to Justice O’Connor, and by her 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:
    March 15, 1989
    No. A-727.
    Whitmore, Individually and as Next Friend of Simmons v. Arkansas.
   Application for stay of execution of sentence of death, presented to Justice Blackmun, and by him referred to the Court, granted pending the timely filing and disposition by this Court of a 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:
    March 16, 1989
    No. 88-1021.
    Hansch et ux. v. County of Los Angeles et al.
   Ct. App. Cal., 2d App. Dist. Certiorari dismissed under this Court’s Rule 53.


text:
    March 20, 1989
    No. 88-844.
    Chrisman v. Times Mirror Co.
   Appeal from Ct. App. Cal, 4th 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. 88-1013.
    DeLeo et ux. v. Anthony A. Nunes, Inc., et al.
   Appeal from Sup. Ct. R. I. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 88-6386.
    Jenkins v. United States Court of Appeals for the District of Columbia Circuit.
   Appeal from C. A. D. C. Cir. dismissed for want of jurisdiction.


text:
    No. 88-6471.
    Crim v. Morris, Superintendent, Southern Ohio Correctional Facility, et al.
   Appeal from C. A. 6th Cir. dismissed for want of jurisdiction.


text:
    No. A-601 (88-1243).
    Company X v. United States.
   C. A. 10th Cir. Renewed application for stay, presented to Justice White, and by him referred to the Court, granted pending final disposition of the petition for writ of certiorari.


text:
    No. A-695.
    Michigan Citizens for an Independent Press et al. v. Thornburgh, Attorney General of the United States, et al.
   Application for stay, presented to Justice Brennan, and by him referred to the Court, denied. The order heretofore entered March 4, 1989, by Justice Brennan is vacated.

Justice Blackmun and Justice Stevens would grant the application.


text:
    No. A-709 (88-709).
    Roe v. Superior Court of California, County of Marin (Doe, Real Party in Interest).
   Ct. App. Cal., 1st App. Dist. Application to continue the stay entered by the Superior Court of California, County of Marin, on March 3, 1989, presented to Justice O’Connor, and by her referred to the Court, denied.


text:
    No. D-536.
    In re Disbarment of Lovett,
   475 U. S. 1092. Motion to vacate the order of disbarment denied.


text:
    No. D-751.
    In re Disbarment of Eberstein.
    [For earlier order herein, see 488 U. S. 1000.]
   Disbarment entered.


text:
    No. D-772.
    In re Disbarment of Brown.
   It is ordered that Rembert Thomas Brown, of San Diego, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-773.
    In re Disbarment of Gagen.
   It is ordered that William Lee Gagen, of Lebanon, Ill., 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-774.
    In re Disbarment of Gunderman.
   It is ordered that James Roger Gunderman, of Buffalo, 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-775.
    In re Disbarment of Graves.
   It is ordered that David Hardin Graves, of Houston, Tex., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 87-6997.
    Carella v. California.
   App. Dept., Super. Ct. Cal., Los Angeles County. [Probable jurisdiction noted, 488 U. S. 940 and 964.] Motion of appellant to discharge appointed counsel and appoint new counsel denied.


text:
    No. 88-333.
    Alabama v. Smith.
   Sup. Ct. Ala. [Certiorari granted, 488 U. S. 1003.] Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-348.
    New Orleans Public Service Inc. v. Council of the City of New Orleans et al.
   C. A. 5th Cir. [Certio-rari granted, 488 U. S. 1003.] Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-420.
    Jones, Superintendent, Missouri Training Center for Men at Moberly v. Thomas.
   C. A. 8th Cir. [Certiorari granted, 488 U. S. 1003.] Motion of Criminal Justice Legal Foundation for leave to file a brief as amicus curiae granted. Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument denied.


text:
    No. 88-515.
    No. 88-525.
    Sable Communications of California, Inc. v. Federal Communications Commission et al.; and Federal Communications Commission et al. v. Sable Communications of California, Inc.
   D. C. C. D. Cal. [Probable jurisdiction noted, 488 U. S. 1003.] Motion of Citizens for Decency Through Law, Inc., et al. for leave to file a brief as amici curiae in No. 88-525 granted. Motion of Minority Members of the Committee on Energy and Commerce of the United States House of Representatives for leave to file a brief as amicus curiae granted.


text:
    No. 88-605.
    Webster, Attorney General of Missouri, et al. v. Reproductive Health Services et al.
   C. A. 8th Cir. [Probable jurisdiction noted, 488 U. S. 1003.] Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-616.
    Sullivan, Secretary of Health and Human Services v. Hudson.
   C. A. 11th Cir. [Certiorari granted sub nom. Bowen, Secretary of Health and Human Services v. Hudson, 488 U. S. 980.] Motion of the Acting Solicitor General to permit Amy L. Wax, Esq., to present oral argument pro hac vice denied.


text:
    No. 88-1114.
    Lebman et al. v. Aktiebolaget Electrolux et al.
   C. A. 5th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 88-5977.
    Wrenn v. Thornburgh, Attorney General of the United States, et al.
   C. A. 2d Cir. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis [488 U. S. 1039] denied.


text:
    No. 88-6597.
    In re McKnight.
   Petition for writ of habeas corpus denied.


text:
    No. 88-1246.
    No. 88-6390.
    In re Beachboard; and In re Strable.
   Petitions for writs of mandamus denied.


text:
    No. 88-42.
    Hallstrom et ux. v. Tillamook County.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 88-1203.
    Hoffmann-La Roche Inc. v. Sperling et al.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 88-1213.
    Employment Division, Department of Human Resources of Oregon, et al. v. Smith et al.
   Sup. Ct. Ore. Certiorari granted.


text:
    No. 88-276.
    Griffin v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 88-927.
    Keystone Shipping Co. v. New England Energy, Inc., et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 88-988.
    Townley Manufacturing Co., Inc. v. Equal Employment Opportunity Commission.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 88-1029.
    Yonkers Racing Corp. v. City of Yonkers et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-1034.
    Derryberry v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1035.
    Northside Sanitary Landfill, Inc. v. Reilly, Administrator, Environmental Protection Agency, et al.
   C. A.' D. C. Cir. Certiorari denied.


text:
    No. 88-1044.
    Association of Seat Lift Manufacturers et al. v. Sullivan, Secretary of Health and Human Services, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1066.
    No. 88-1232.
    Estate of Johnson et al. v. Engle et al.; and Engle et al. v. Estate of Johnson et al.
   C. A. 7th Cir. Certiorari denied. Reported below: 858 F. 2d 361.


text:
    No. 88-1068.
    Nanavati v. Burdette Tomlin Memorial Hospital et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1081.
    Workman et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-1108.
    New York Typographical Union, No. 6 v. Royal Composing Room, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-1111.
    Wilkins et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1128.
    California v. Folkins et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 88-1139.
    Certified Registered Nurse Anesthetists of Anesthesia Group Practice et al. v. Anesthesia Group Practice, Inc., et al.
   Ct. App. Ohio, Hamilton County. Cer-tiorari denied.


text:
    No. 88-1174.
    Simmons, United States District Judge for the Western District of Pennsylvania v. Moody, Trustee of the Estate of Jeannette Corp., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1175.
    Clark v. C & O Railway Co.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 88-1180.
    Utility Workers Union of America, AFL-CIO, Local No. 246, et al. v. Southern California Edison Co.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1188.
    Learned v. City of Bellevue, Washington.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1190.
    Friedman v. Montgomery County, Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 88-1192.
    Graham v. Bettis, Judge, et al.
   Ct. App. Ohio, Columbiana County. Certiorari denied.


text:
    No. 88-1193.
    Southwestern Bell Telephone Co. v. Continental Casualty Co.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-1197.
    Drake Towing Co., Inc., et al. v. Atwood et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1199.
    Hemon et al. v. Office of Public Guardian et al.
   Sup. Ct. N. H. Certiorari denied.


text:
    No. 88-1201.
    Harden v. Bert et al.
   C. A. 10th Cir. Cer-tiorari denied.


text:
    No. 88-1202.
    Leidy v. Stranahan et al.; and Leidy v. Sharon Herald Newspaper Co. et al.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 88-1206.
    Delta Truck & Tractor, Inc. v. J. I. Case Co. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1209.
    Bauer et ux. v. Waldschmidt, Trustee of the Bankruptcy Estate of Bauer, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1211.
    Hunt et al. v. Jefferson Savings & Loan Assn.
   Ct. App. Tex., 5th Dist. Certiorari denied.


text:
    No. 88-1212.
    Hoffman v. City of Troy, Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 88-1214.
    Leidholdt v. L. F. P., Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1215.
    Ault v. Hustler Magazine, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1216.
    Taylor v. First Union Corporation of South Carolina et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-1218.
    Markum et al. v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 88-1220.
    Ullmann v. Olwine, Connelly, Chase, O’Donnell & Weyher et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1221.
    Weisman v. Minnesota.
   Ct. App. Minn. Certiorari denied.


text:
    No. 88-1222.
    Hollywood Marine, Inc. v. Wiedemann & Fransen.
   Sup. Ct. La. Certiorari denied.


text:
    No. 88-1225.
    Scandell v. New York.
   App. Div., Sup. Ct.

N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 88-1227.
    Russo v. Superior Court of California, County of Santa Clara (Bear, Stearns & Co., Inc., et al., Real Parties in Interest).
   Ct. App. Cal, 1st App. Dist. Certiorari denied.


text:
    No. 88-1233.
    Grandchamp et al. v. United Air Lines, Inc.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-1234.
    United Services Automobile Assn. v. Tuck, Administrator of the Estate of Tuck, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-1236.
    City of Watsonville, California v. Cruz Gomez et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1237.
    Transamerica-Occidental Life Insurance Co. v. Provident Life & Accident Insurance Co.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-1240.
    Ainsworth v. State Bar of California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 88-1241.
    Price v. Tanner et al.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 88-1242.
    Hughes et al. v. General Motors Corp. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1244.
    M/T Stolt Sheaf et al. v. National Petrochemical Company of Iran.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-1245.
    DuChesne v. Williams et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1247.
    No. 88-1248.
    Central Milk Producers Cooperative v. National Farmers’ Organization; and Associated Milk Producers, Inc., et al. v. National Farmers’ Organization, Inc.
   C. A. 8th Cir. Cer-tiorari denied. Reported below: 850 F. 2d 1286.


text:
    No. 88-1256.
    Pelligra v. Goodyear Tire & Rubber Co.
   Ct. App. Ohio, Summit County. Certiorari denied.


text:
    No. 88-1258.
    County of DuPage et al. v. LaSalle National Bank of Chicago et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-1261.
    Peste et al. v. Clunk, Judge, Court of Common Pleas, Probate Division, Stark County, Ohio.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1263.
    Hohl, on Behalf of Himself and His Daughters, Hohl et al. v. Miller, Magistrate, Cass County Magistrate’s Court.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-1267.
    Odom et al. v. Delahoussaye et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1268.
    Maddox v. AmSouth Bank, N. A.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-1269.
    Wisconsin Department of Health and Social Services et al. v. Torres et al.
   C. A. 7th Cir. Certio-rari denied.


text:
    No. 88-1270.
    Petras v. Massachusetts.
   App. Ct. Mass. Certiorari denied.


text:
    No. 88-1277.
    Tucker v. Connecticut National Bank et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-1278.
    Consolidated Television Cable Service, Inc. v. City of Frankfort, Kentucky, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1279.
    Sutherland v. United States Postal Service et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1293. No. 88-1355.
    Holman v. Walling; and Wall Street Reports & Intelligence Bulletin, Inc. v. Walling.
   C. A. 2d Cir. Certiorari denied. Reported below: 858 F. 2d 79.


text:
    No. 88-1294.
    Sharma v. Lockheed Engineering & Management Services Co., Inc.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-1296.
    Andrews v. Love, Judge, District Court of McClain County, Oklahoma.
   Ct. Crim. App. Okla. Certio-rari denied.


text:
    No. 88-1314.
    Cranmer v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-1334.
    Williams v. United States Department of Energy et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-1352.
    Ramachandran v. United States Postal Service.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1359.
    Tenley and Cleveland Park Emergency Committee et al. v. District of Columbia Board of Zoning Adjustment et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 88-1368.
    Connolly et al. v. Maryland Casualty Co.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-1370.
    Gallo et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-1372.
    Comuni-Centre Broadcasting, Inc. v. Federal Communications Commission.
   C. A. D. C. Cir. Certio-rari denied.


text:
    No. 88-1375.
    Valdez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1386.
    Goichman v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1387.
    Kinsey v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1389.
    Swearingen v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-5043.
    Landry v. Hoepfner, Judge.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-5231.
    Boudette v. Arizona.
   Super. Ct. Ariz., Mari-copa County. Certiorari denied.


text:
    No. 88-5887.
    Cofield v. Thigpen, Commissioner, Alabama Department of Corrections, et al.
   C. A. 11th Cir. Certio-rari denied.


text:
    No. 88-5898.
    Bennafield v. City of Canton Police Department et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-5939.
    McFadden v. Cabana, Superintendent, Mississippi State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-5970.
    Krishnan v. Julius.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 88-5998.
    Hamm v. Packard, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6096.
    Aucoin v. Tennessee.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 88-6108.
    Grimes v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 88-6126.
    Whitworth v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6188.
    Toth v. Pennsylvania Board of Probation and Parole et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-6193.
    Corona v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6207.
    Baker v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6236.
    Blair v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 88-6260.
    Murray v. Department of the Army et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6267.
    Cook v. Florida.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 88-6327.
    Bouvier-Moore v. United States District Court for the Southern District of California.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6338.
    Walls v. New Castle County Police Department et al.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 88-6342.
    Boylan v. Frank, Postmaster General, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6345.
    Cordes v. Tulsa City Police Department et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6346.
    Chambers v. Goodwin, Superintendent, Central Correctional Institution at Macon, Georgia.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6366.
    Keenan v. Evatt, Commissioner, South Carolina Department of Corrections, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6370.
    Lopez v. Superior Court of California, San Joaquin County, et al.
   Ct. App. Cal., 3d App. Dist. Certio-rari denied.


text:
    No. 88-6374.
    Dominguez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6379.
    Kurina v. Haws, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-6380.
    Altizer v. Ohio.
   Ct. App. Ohio, Lake County. Certiorari denied.


text:
    No. 88-6381.
    Hebel v. Illinois.
   App. Ct. Ill., 5th Dist.

Certiorari denied.


text:
    No. 88-6384.
    Graciano v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 88-6391.
    Brown, aka Ali v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6392.
    Martin v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 88-6396.
    Matusavage v. General Services Administration.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 88-6397.
    Ramirez v. Ahn et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 88-6399.
    Miller v. North Carolina et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6402.
    Scott v. Parsons, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6408.
    Maloney v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6409.
    Weaver v. Redman, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-6411.
    Dean v. Seabold, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-6412.
    Morlett v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6414.
    Kettleson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6417.
    Demos v. Supreme Court of Washington.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 88-6420.
    Price v. Maryland.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 88-6422.
    Kraus et ux. v. Crete State Bank.
   Sup. Ct. Neb. Certiorari denied.


text:
    No. 88-6423.
    Molina v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 88-6425.
    Prymer v. Anderberg.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 88-6428.
    Maulick v. Israel, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6429.
    Edlin v. Mississippi.
   Sup. Ct. Miss. Certio-rari denied.


text:
    No. 88-6431.
    Brennan v. City of Mount Dora, Lake County, Florida, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6436.
    Wayno v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6439.
    Denial v. Smith, Secretary, Pennsylvania Department of Education.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-6449.
    Banda v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 88-6453.
    Rivas v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 88-6454.
    Sahagian v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-6455.
    Maldonado v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 88-6456.
    Sayles v. Circuit Court of Bedford County, Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 88-6460.
    Muetze v. Solem, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6461.
    Lampack v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6463.
    Jackson v. Long Beach Police Department.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6464.
    Fixel v. Whitley, Warden.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 88-6469.
    Rodman v. Misner et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-6472.
    Murphy v. Theissen et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6483.
    Wilches v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 88-6486.
    Dahdah v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-6490.
    Travis v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6502.
    Voss v. United States Parole Commission et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-6507.
    Shear v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6509.
    Walker v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6510.
    Vidaure v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6514.
    Latchinian v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6517.
    Cabrera v. Scully, Superintendent, Green Haven Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-6518.
    Couzens v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6521.
    Bell v. Duckworth, Superintendent, Indiana State Prison.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-6522.
    Clark v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6523.
    Singh v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6526.
    Leibowitz v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-6528.
    LaRoque v. United States et al.; and In re LaRoque.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 88-6534.
    Ryan v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 88-6545.
    Joiner v. Solem, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6551.
    Ortega v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-6556.
    Cox v. United States.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 88-6558.
    Rittenour v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 88-6559.
    Moore v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-6561.
    Cheeseborough v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6565.
    Embrey v. United States (three cases).
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6566.
    Hill v. United States.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 88-6569.
    Hall v. Sowders, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-6576.
    Villarreal v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6583.
    Powell v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6587.
    Rantz v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6608.
    Kunek v. Coffman et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-6609.
    Saa v. United States.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 88-6616.
    Ayub v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 88-6625.
    Heubel v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-6633.
    Cotten v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6640.
    Weir v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 88-6645.
    Lioumis v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-902.
    No. 88-929.
    Bersani et al. v. United States Environmental Protection Agency et al.; and Robichaud et al. v. United States Environmental Protection Agency et al.
   C. A. 2d Cir. Motions of National Association of Home Builders et al., American Planning Association, Chamber of Commerce of the United States, and Louisiana Landowners Association, Inc., for leave to file briefs as amici curiae in No. 88-902 granted. Motions of Pacific Legal Foundation et al. and American Association of Port Authorities for leave to file briefs as amici curiae granted. Certiorari denied. Reported below: 850 F. 2d 36.


text:
    No. 88-1003.
    Colonial Savings Assn. et al. v. Commissioner of Internal Revenue.
   C. A. 7th Cir. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari denied.


text:
    No. 88-1099.
    BV Engineering v. University of California, Los Angeles.
   C. A. 9th Cir. Motions of Columbia Pictures Industries, Inc., et al., Association of American Publishers, Inc., et al., Center for the Protection of Creative Rights, and American Intellectual Property Law Association for leave to file briefs as amici curiae granted. Certiorari denied.


text:
    No. 88-1165.
    County of Sonoma v. Herrington et al.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 88-1204.
    Avins et al. v. Virginia Council of Higher Education et al.
   Sup. Ct. Va. Motion of Coalition for Religious Freedom for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 88-1229.
    Ohio v. Bowe et al.
   Ct. App. Ohio, Summit County. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 88-1266.
    Idaho State Tax Commission et al. v. Blan-gers et al.
   Sup. Ct. Idaho. Certiorari denied.

Justice Blackmun and Justice O’Connor would grant certiorari.


text:
    No. 88-1275.
    Crist, Receiver for Transit Casualty Co. v. Wal-Mart Stores, Inc., et al.
   C. A. 8th Cir. Motion of Texas Property & Casualty Insurance Guaranty Association 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. 88-5961.
    No. 88-6148.
    No. 88-6150.
    No. 88-6203.
    No. 88-6350.
    No. 88-6361.
    No. 88-6365.
    No. 88-6393.
    No. 88-6424.
    No. 88-6530.
    No. 88-6655.
    Copeland v. Louisiana. Earvin v. Lynaugh, Director, Texas Department of Corrections. Barber v. Texas. Matthews v. South Carolina. Jennings v. California. Johnson v. Tennessee. Bell v. Tennessee. Woomer v. Aiken, Warden, et al. Moore v. Zant, Warden. Holland v. Texas. Stevens v. Nevada.
   Sup. Ct. La.;

C. A. 5th Cir.;

Ct. Crim. App. Tex.;

Sup. Ct. S. C.;

Sup. Ct. Cal.;

Sup. Ct. Tenn.;

Sup. Ct. Tenn.;

C. A. 4th Cir.;

C. A. 11th Cir.;

Ct. Crim. App. Tex.; and

Sup. Ct. Nev. Certio-rari denied. Reported below: No. 88-5961, 530 So. 2d 526; No. 88-6148, 860 F. 2d 623; No. 88-6150, 757 S. W. 2d 359; No. 88-6203, 296 S. C. 379, 373 S. E'. 2d 587; No. 88-6350, 46 Cal. 3d -963, 760 P. 2d 475; No. 88-6361, 762 S. W. 2d 110; No. 88-6365, 745 S. W. 2d 858 and 759 S. W. 2d 651; No. 88-6393, 856 F. 2d 677; No. 88-6530, 761 S. W. 2d 307; No. 88-6655, 104 Nev. 867.

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. 88-6012.
    Tran v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.

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


author: Justice Marshall,

text:
    No. 88-6341.
    Bonin v. California.
   Sup. Ct. Cal. Certio-rari denied.

Justice Marshall,

with whom Justice Brennan joins,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 231 (1976) (Marshall, J., dissenting), I would grant the petition for certiorari and vacate the death sentence in this case. Even if I did not hold this view, I would grant the petition to resolve the question whether a trial court may instruct a penalty phase jury that, “[i]f you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of death.” As I stated in Hamilton v. California, 488 U. S. 1047 (1989) (Marshall, J., dissenting from denial of certiorari), “I have grave doubts that such an instruction permits the individualized and reliable sentencing determination that the Constitution requires in capital cases, particularly where, as here, it is coupled with prosecutorial remarks stressing the limits on jurors’ discretion.” Ibid. I dissent.


text:
    No. 87-1224.
    No. 88-893.
    No. 88-5864.
    No. 88-5936.
    No. 88-6137.
    Oring v. State Bar of California, Walker et al. v. Valley National Bank of Des Moines, Iowa, Administrator of the Estate of Walker, et al., Hooks v. Alabama, Davis v. City of Tucson, Swenson v. Marsh, Secretary of the Army,
   488 U. S. 590;

488 U. S. 1035;

488 U. S. 1050;

488 U. S. 1032; and

ante, p. 1025. Petitions for rehearing denied.


text:
    No. 88-658.
    Panhandle Eastern Pipe Line Co. v. Illinois ex rel. Hartigan, Attorney General of Illinois,
   488 U. S. 986. Motion for leave to file petition for rehearing denied.


text:
    No. 88-5732.
    Hill v. Redman, Warden,
   488 U. S. 996. Motion for leave to file petition for rehearing denied.

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


author: Justice Brennan,

text:
    March 21, 1989
    No. 88-6857 (A-746).
    No. A-758 (88-6861).
    King v. Lynaugh, Director, Texas Department of Corrections. King v. Lynaugh, Director, Texas Department of Corrections.
   Ct. Crim. App. Tex.; and

C. A. 5th Cir. Applications for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied. Certiorari denied in No. 88-6857.

Justice Blackmun and Justice Stevens would grant the application for stay in No. A-758.

Justice Brennan,

with whom Justice Marshall joins,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227 (1976) (Brennan, J., dissenting), I would grant the stay of execution.

Even if I were not of the foregoing view, I would grant Leon King’s applications for a stay pending our decision in Penry v. Lynaugh, 832 F. 2d 915 (CA5 1987), cert. granted, 487 U. S. 1233 (1988). King’s claim to a stay is at least as meritorious as that presented by at least four other petitioners whose executions we have stayed. See Williams v. Lynaugh, 837 F. 2d 1294 (CA5), stay granted, 484 U. S. 1051 (1988); Selvage v. Lynaugh, 842 F. 2d 89 (CA5), stay granted, 485 U. S. 983 (1988); Bridge v. Lynaugh, 856 F. 2d 712 (CA5), stay granted, 487 U. S. 1260 (1988); Bell v. Lynaugh, 858 F. 2d 978 (CA5), stay granted, 488 U. S. 905 (1988). In none of those cases did we deny a stay on the ground that the petitioner was procedurally barred from challenging the State’s capital sentencing scheme, despite the apparent failure of each of those petitioners to object at sentencing to the statutory requirement that the jury limit its consideration of mitigating evidence to its determination whether or not the defendant acted deliberately and whether he would pose a danger to society in the future. It seems to me unconscionable to deny King’s application for a stay after having granted stays in Williams, Selvage, Bridge, and Bell.


text:
    No. 88-6863 (A-759).
    King v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice White, 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:
    March 22, 1989
    No. 88-5772.
    Washington v. United States.
   C. A. 4th Cir.

Certiorari dismissed under this Court’s Rule 53.


text:
    March 23, 1989
    No. 88-287.
    Times Mirror Co. et al. v. Doe.
   Ct. App. Cal., 4th App. Dist. Certiorari dismissed under this Court’s Rule 53.


text:
    March 27, 1989
    No. 88-1011.
    Harman et al. v. Dole, Secretary of Labor, et al.
   Appeal from C. A. 3d 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. 88-6635.
    Williams v. Kemp, Warden.
   C. A. 11th Cir. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari dismissed for want of jurisdiction.

Justice Brennan and Justice Marshall,

dissenting.

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


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


text:
    No. D-746.
    In re Disbarment of Lindquist.
    [For earlier order herein, see 488 U. S. 963.]
   Disbarment

entered.


text:
    No. D-748.
    In re Disbarment of Juron.
    [For earlier order herein, see 488 U. S. 1000.]
   Disbarment entered.


text:
    No. D-753.
    In re Disbarment of Reaves.
    [For earlier order herein, see 488 U. S. 1026.]
   Disbarment entered.


text:
    No. D-754.
    In re Disbarment of Hartman.
    [For earlier order herein, see 488 U. S. 1026.]
   Disbarment entered.


text:
    No. D-756.
    In re Disbarment of McClurkin.
    [For earlier order herein, see 488 U. S. 1026.]
   Disbarment entered.


text:
    No. D-758.
    In re Disbarment of Silverman.
    [For earlier order herein, see 488 U. S. 1027.]
   Disbarment entered.


text:
    No. D-759.
    In re Disbarment of Hartmann.
    [For earlier order herein, see 488 U. S. 1027.]
   Disbarment entered.


text:
    No. D-764.
    In re Disbarment of Smith.
    [For earlier order herein, see 488 U. S. 1039.]
   Disbarment entered.


text:
    No. 88-6494.
    No. 88-6497.
    No. 88-6533.
    Wrenn v. Benson et al. Wrenn v. Department of Mental Health of Ohio. Fermin v. Commodity Futures Trading Commission et al.
   C. A. 6th Cir.;

C. A. 6th Cir.; and

C. A. D. C. Cir. Motions of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until April 17, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit petitions 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. 88-6537.
    In re Holmes.
   Petition for writ of prohibition denied.


text:
    No. 88-926.
    North Dakota et al. v. United States.
   Appeal from C. A. 8th Cir. Probable jurisdiction noted.


text:
    No. 88-6222.
    Blystone v. Pennsylvania.
   Sup. Ct. Pa. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to Question II presented by the petition.


text:
    No. 88-1088.
    Berberian v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1109.
    CBC, Inc. v. Board of Governors of the Federal Reserve System.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-1155.
    Crown Life Insurance Co. v. Grimes, Insurance Commissioner of Oklahoma and Receiver for United Equity Life Insurance Co., et al.
   C. A. 10th Cir. Certio-rari denied.


text:
    No. 88-1272.
    H. K. Porter Co., Inc. v. United Steelworkers of America, AFL-CIO-CLC, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-1273.
    Aronov v. Secretary of Revenue, North Carolina Department of Revenue.
   Sup. Ct. N. C. Certio-rari denied.


text:
    No. 88-1274.
    Larsen v. Philadelphia Newspapers, Inc., et al.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 88-1280.
    Pennsylvania Independent Petroleum Producers v. Pennsylvania Department of Environmental Resources et al.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 88-1286.
    Carter et al. v. Broadlawns Medical Center et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-1288.
    Petty v. Ohio.
   Ct. App. Ohio, Richland County. Certiorari denied.


text:
    No. 88-1289.
    Howe v. Pennsylvania.
   Super. Ct. Pa. Cer-tiorari denied.


text:
    No. 88-1291.
    Gregory et al. v. Popeyes Famous Fried Chicken & Biscuits, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1292.
    Beeding v. Miller.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 88-1297.
    Glick et al. v. Georges et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-1303.
    Brown v. Mississippi.
   Sup. Ct. Miss. Certio-rari denied.


text:
    No. 88-1306.
    Krivanek v. Mad River Valley Health Center, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-1343.
    Darlington v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-1373.
    American Bicycle Co., Inc., et al. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 88-1391.
    Avis v. Connecticut.
   Sup. Ct. Conn. Cer-tiorari denied.


text:
    No. 88-1408.
    Lovett v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-5994.
    Vamos v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 88-6053.
    Moses v. Michigan.
   Ct. App. Mich. Certio-rari denied.


text:
    No. 88-6098.
    Thomas v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 88-6161.
    Cantu v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6363.
    Evans v. Sullivan, Secretary of Health and Human Services.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6375.
    Tafoya v. New Mexico.
   Ct. App. N. M. Certiorari denied.


text:
    No. 88-6388.
    Curry v. Barrett et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 88-6466.
    Brown v. Missouri et al.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 88-6467.
    Sivak v. Murphy et al.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 88-6474.
    Valdez v. Myers, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6475.
    Thompson v. Velasquez et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6476.
    Hoch v. Montana.
   Sup. Ct. Mont. Certiorari denied.


text:
    No. 88-6479.
    Carr v. Louisiana.
   Ct. App. La., 1st Cir. Certiorari denied.


text:
    No. 88-6485.
    Boland v. Rafferty, Superintendent, New Jersey State Prison at Rahway, et al.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 88-6491.
    Garner v. Kansas.
   Ct. App. Kan. Certiorari denied.


text:
    No. 88-6500.
    Messinger v. Texas.
   Ct. App. Tex., 14th Dist. Certiorari denied.


text:
    No. 88-6503.
    Minton v. Sheet Metal Workers Local Union No. 54, AFL-CIO, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6504.
    Steward v. Department of the Navy.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6506.
    Cox v. Sheriff of Pine County, Minnesota.
   Ct. App. Minn. Certiorari denied.


text:
    No. 88-6508.
    Fells v. Fulcomer, Superintendent, State Correctional Institution at Huntingdon, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-6529.
    Johnson v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 88-6535.
    Leibowitz v. Massachusetts et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 88-6536.
    Tempel v. Alaska et al.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 88-6544.
    Robbins v. Cook, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6552.
    Cunningham v. Department of the Army.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 88-6554.
    Robbins et ux. v. City of Auburn, Maine.
   Sup. Jud. Ct. Me. Certiorari denied.


text:
    No. 88-6555.
    Church v. Warren, Judge, Circuit Court of Virginia, Amelia County.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 88-6646.
    Becton v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-6647.
    Growney v. Growney et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-6676.
    Burns v. Nagle, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6694.
    Townsend v. Parke, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-6699.
    Martinez-Jimenez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-6704.
    Simmons v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-6709.
    Smith v. United States.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 88-6861.
    King v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-989.
    Florida v. Caplan.
   Sup. Ct. Fla. Certiorari

denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 88-1153.
    W. W. Rodgers & Sons Produce, Inc., et al. v. United States.
   C. A. 5th Cir. Certiorari denied.

Justice White would grant certiorari limited to Question 1 presented by the petition.


text:
    No. 88-1283.
    Wells, Warden v. Lent.
   C. A. 6th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 88-1299.
    Gebbie, Assistant Director, Oregon Department of Human Resources v. Brady.
   C. A. 9th Cir. Certiorari denied.

Justice White would grant certiorari limited to Questions 1 and 2 presented by the petition.


text:
    No. 88-6273.
    No. 88-6489.
    No. 88-6493.
    No. 88-6501.
    No. 88-6652.
    Richardson v. Illinois, Coleman v. California. Starr v. Arkansas. Swafford v. Florida. Van Hook v. Ohio.
   Sup. Ct. Ill.;

Sup. Ct. Cal.;

Sup. Ct. Ark.;

Sup. Ct. Fla.; and

Sup. Ct. Ohio. Certiorari denied. Reported below: No. 88-6273, 123 Ill. 2d 322, 528 N. E. 2d 612; No. 88-6489, 46 Cal. 3d 749, 759 P. 2d 1260; No. 88-6493, 297 Ark. 26, 759 S. W. 2d 535; No. 88-6501, 533 So. 2d 270; No. 88-6652, 39 Ohio St. 3d 256, 530 N. E. 2d 883.

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. 88-6095.
    No. 88-6145.
    No. 88-6146.
    No. 88-6210.
    Cortez v. Price et al., Martin v. Shank et al., Diamond v. Disciplinary Counsel et al., Box v. Petsock, Superintendent, State Correctional Institution and Diagnostic (and Classification Center) at Pittsburgh, et al.,
   ante, p. 1024;

ante, p. 1025;

ante, p. 1025; and

ante, p. 1028. Petitions for rehearing denied.


text:
    No. 88-6044.
    Rogers v. Illinois,
   488 U. S. 1046. Motion for leave to file petition for rehearing denied.


author: Mr. Chief Justice TANEY

text:
    The United States, Appellants, v. Burroughs E. Carr and John Peck, Claimants of Sixteen Boxes of Havana Sugar, Twelve Baskets of Champagne Wine, &c. The United States, Appellants, v. Burroughs E. Carr and John Peck, Claimants of Ten Boxes, Twenty Half-Boxes, and Six Quarter-Boxes of Raisins, Four Kegs of Grapes, &c.
    The sixteenth section of the act of Congress, passed on the 18th of February, 1793,' entitled “ An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and fbr regulating the same,” (1 Stat. at Large, 305,) prescribes the manner in which foreign, merchandise shall be specified in the manifest of a vessel going coastwise, and imposes a pecuniary penalty upon the master for failing to comply with it; but does not forfeit the goods.
    The forfeiture provided in the seventeenth section was intended to apply to cases where the foreign merchandise was not included at all in the manifest, and not to cases where it was included in fact, although not with legal precision, and where there was.no bad faith.
    The act of May 31st, 1844, (5 Stat. at Large, 65*8,) gives jurisdiction to this court in revenue cases, without regard to amount, only where the judgment is rendered in a Circuit Court of the United States. Therefore, where the ease was brought from the Court of Appeals for the Territory of Florida, and the amount in controversy did not exceed one thousand dollars, the ease must be dismissed for want of jurisdiction.
    These two cases were brought, by appeal, from the Court of Appeals for the Territory of Florida, and were argued together. The questions involved were the same in both. The first of the two cases was this.
    In January, 1844, the schooner Hope W. Gaudy was about to sail from the port of New York to that of St. Augustine in Florida, the vessel being licensed for carrying on the coasting trade. Maurice Gaudy, the captain of the schooner, produced to the collector of New York the following manifest, viz.:—

      Manifest of ike cargo on hoard, ike schooner Hope W. Gaudy, Gaudy, master, burden one hundred and forty tons, hound from. New York for St. Augustine, Fla., January 13th, 1844.
    Marks. Packages and contents. Shippers. Residence. Consignees. Residence.
    B. E.~a"&CoT Eighteen hundred and fourteen packages mdse. John Peck New York B. E. Cantello St. Augustine.
    J. M. H. Three pack. mdse. Do. Do. J. M. Hernandez Do.
    C. Burt & Co. Eleven do. do. Do. Do. G. Burt & Co. Do.
    S. S. P. Twenty-three do. Do. Do. S. S. Peck Do.
    Maurice Gaudy.
    The oath taken by Gaudy, and the permit to sail granted by the collector of New York, were as follows: ■—
    ^ I, Maurice Gaudy, master of the schooner Hope W. g-g Gaudy, do solemnly swear to the truth of the annexed * manifest; and that, to the best of my knowledge and belief, all the goods, wares, and merchandise of foreign growth or manufacture therein contained, were legally imported, and the duties thereon paid or secured; so help me God.
    Maurice Gaudy.
    Sworn to this 13th day of •, 1844.
    G. W. Davis, D’y Col.

      District of New York, Port of New York:

    M. Gaudy, master of the schooner Hope W. Gaudy, of Cape May, having sworn, as the law directs, to the annexed manifest, consisting of four articles of entry, and delivered duplicate thereof, permission is hereby granted to the said schooner to proceed to the port of St. Augustine, in the State of Florida.
    Given under our hands, at New York, this' 13th day of January, 1844.
    I). • G. W. Davis, D’y Collector.

    W. D. K. J. Davenport, D. Naval Officer'.

    On the arrival of the vessel at St. Augustine, the manifest was presented to the collector, who made Upon it the following indorsement: — “ No. 3 A, inward, schr. Hope W. Gaudy, of Cape May, Maurice Gaudy, master, 140j¡f tons, from New York, entered January 25th, 1844.” '
    On the 29th of January, 1844, the District Attorney of the United States filed, in the Superior Court for the District of East Florida, a libel against “sixteen boxes of sugar, twelve baskets of Champagne wine, twenty-five sacks of Liverpool salt, five cases and five baskets of olive oil, ten boxes of French cordial, seven casks of London porter, two casks of Scotch ale, two half-pipes of French brandy, one pipe Holland gin, thirty half-boxes and twenty-fopr quarter-boxes of raisins, ten bags of cassia, two boxes of citron, five chests of tea, one frail (or basket) of almonds, three drums of figs; two boxes of lemons, and ten bags of coffee.”
    The libel alleged that the said merchandise was not (nor was any part thereof) specified or certified in the manifest of the cargo of the said vessel, as is required'by the act of the Congress of the same United States, in such case made and provided, contrary to-the form of the statute in such case made and provided, and against the peace and dignity of the United States of America.
    The libel then claimed that the merchandise had become forfeited to the uses specified by law.
    In March, 1844, Burroughs and Carr filed their claim as owners of the goods. After sundry proceedings which it is not material to state, the cause came up for hearing, when the judge dismissed the libel. The United States carried it to the Court of Appeals, which affirmed the judgment of the court below. An appeal was then taken to this court.
    The act of Congress under which the libel was filed was the act of 18th February, 1793, entitled “ An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same.” 1 Statutes at Large, 305.
    By the sixteenth section, it is enacted, that “the master or commander of every ship or vessel licensed for carrying on the coasting trade, and being destined from any district of the United States to a district other than a district in the same or an adjoining State on the sea-coast, or. on a navigable river, shall, previous to her departure, deliver to the collector residing at the port where such ship or vessel may be, if there is one, otherwise to the collector of the district comprehending such port, or to a surveyor within the district, as the one or the other may reside nearest to the port at which such ship or vessel may be, duplicate manifests of the whole cargo on board such ship or vessel, or if there be no cargo on board, he shall so' certify ; and if there be any distilled spirits, or goods, wares, and merchandise of foreign growth or manufacture on board, other than what may by the collector be deemed sufficient for sea stores, he shall specify in such manifests the marks and numbers of every cask, bag, box, chest, or package containing the same, with the name and place of residence of every shipper and consignee of such distilled spirits, or goods of foreign growth or manufacture, and the quantity shipped by and for each, to be by him subscribed, and to the truth of which he shall swear or affirm; and shall also swear or affirm, before the said collector or surveyor, that such goods, wares, or merchandise, of foreign growth or manufacture,, were to the best of his knowledge and belief legally imported, and the duties thereupon paid or secured; or if spirits distilled within the United States, that the duties thereupon have been duly paid or secured'; upon the performance of which, and not before,-the said collector ’or surveyor shall certify the same on the said manifests, one of which he shall return to the master, with a permit thereto annexed, authorizing him to proceed to the port of his destination. And if any such ship or vessel shall depart from the port where she may then be, having distilled spirits, or goods, wares, or merchandise of foreign growth or manufacture on board, without the several things herein required .being complied with, the master thereof shall forfeit one hundred dollars ; or if the lading be of goods the growth or manufacture of-the United States only, or if such ship or vessel have no cargo, and she.depart without -the several things herein required being complied with, the said master shall forfeit and pay fifty dollars.”
    And by the seventeenth section it is enacted, that “ the master or commander of every ship or vessel licensed to.carry on the coasting trade, arriving at any district of the United States, from any district other than a district in the same or an adjoining State on the sea-coast, or on a navigable river, shall deliver to the collector residing at the port she may arrive at, if there be one, otherwise to the collector or surveyor in the district comprehending such port, as the one or the other may reside nearest thereto, if the collector or surveyor reside at a distance not exceeding five miles, within twenty-four hours, or if at a greater distance, within forty-eight hours next after his arrival, and previous to the unlading any of the goods brought in such ship or vessel, the manifest of the cargo, (if there be any,) certified by the collector or surveyor of the district from whence she last sailed, and shall make oath or affirmation, before the said collector or surveyor, that there was not, when she sailed from the district where his manifest was certified, or has been since, or then is, any more or other goods, wares, or merchandise of foreign growth or manufacture, or distilled spirits (if there be any other than sea stores on board such vessel) than is therein mentioned; and if there be no such goods, and if there be no cargo on board, he shall produce the certificate of the collector or surveyor of the district from which she last sailed as aforesaid, that such is the case; whereupon such collector or surveyor shall grant a permit for unlading the whole or part of such cargo (if there be any) within his district, as the master may request; and where a part only of the goods, wares, and merchandise of foreign growth or manufacture, or of distilled spirits, brought in such ship or vessel, is intended to be landed, the said collector or surveyor shall make an indorsement of such part on the back of the manifest, specifying the articles to be. landed; and shall return such manifest to the master, indorsing also thereon his permission for such ship or vessel to proceed to the place of her destination. And if the master of such ship or vessel shall neglect or refuse to deliver the manifest, (or if she has no cargo, the certificate,) within the time herein directed, he shall forfeit one hundred dollars; and the goods, wares, and merchandise of foreign growth or manufacture, or distilled spirits, found on board, or landed from such ship or vessel, not being certified as is herein required, shall be forfeited, and if the same shall amount to the value of one hundred dollars, such ship or vessel, with her tackle, apparel, and furniture, shall be also forfeited.”
    The second of the two cases mentioned in the commencement of this report was similar in its circumstances to the case just stated, except that the goods were brought to St. Augustine in a different vessel, and that the value of the goods was shown by appraisement to be only seventy dollars.
    The cases were argued by Mr. Johnson (Attorney-General), for the United States, and by Mr. Wood, of New York, for the claimants.

      Mr. Johnson said that three questions were involved in the case: —
    1. Whether the manifest of itself was a sufficient compliance with the sections above quoted of the act of Congress.
    2. Whether, if defective, the defect is cured by the certificate of the collector of New York.
    3. Whether, if the manifest be in violation of the act, the defect works a forfeiture of the goods.
    1st. The manifest was not made out according to law. The 16th section regulates the conduct of the master at the port of departure. He must deliver to the collector a duplicate manifest of his cargo ; and must also, if there is any merchandise on board of foreign growth or manufacture, specify the marks and numbers of every cask, bag, box, &c., containing such articles. The object of this is to enable the collector at the port of destination to identify these boxes as being the same which had once paid duties at the custom-house. He must also» make oath that the goods were legally imported. All this being done, the collector is authorized to give him a permit of departure. But it must be evident from an inspection of the record, that the master has not complied with the law. - The manifest only says 1,814 packages of merchandise. What was there to prevent the master from substituting other packages, exchanged at .sea, for those which he had on board at the time of his departure from New York ? The act requires a- distinct specification of all the marks on all the boxes. But here it is not even stated whether they contain foreign merchandise or not. The collector at New York could also refer-to the marks on the boxes, and ascertain, by the records of his office, whether or not such boxes had been regularly imported; but if the construction contended for on the other side be correct, smug-" gled goods could be transported coastwise just as easily as those which had paid duties.
    2d. The certificate of the collector at New York doe's not heal this defect. He is only authorized to certify in case all the requisitions of law are complied with. If his certificate is conclusive, then he is invested with judicial power, and neither the collector of the port to.which the vessel is going, nor the district judge, can properly interfere. The manifest is no longer subject to their supervision; although the authority of the first collector to certify is limited to the case of previous compliance with the law on the part of the master. The 16th section says, if’he (the master) shall depart “without the several things herein required being complied with",” &c. ; showing that a compliance with a part would not be sufficient. The power of the collector of New York was therefore limited, and his certificate could not heal the defect in the manifest.
    3d. Are the goods subject to forfeiture ?
    The last paragraph of the 17th section must be construed to refer to the 16th. It says that the “ merchandise, not being certified as is herein required,” shall be forfeited, and in certain cases t.he vessel also. But if we show that the merchandise is not certified as the 16th section requires, the forfeiture attaches.

      Mr. Wood made the following points : —
    ■ 1. The manifest in these cases is correct, and made out according to long-established usage.
    2. It is sufficient, under the 16th and 17th sections of the act of 18th February, 1793, to insert in the manifest the marks and numbers of the casks, boxes, packages, &c.,. containing foreign merchandise, with the name and residence of every shipper and consignee thereof, and the quantity «shipped by and to each:

      3. All this is done in the manifest in this cause.
    4. This provision of the act .necessarily and impliedly requires that the foreign merchandise from one shipper to a consignee shall be distinguished from every other consignment, when either the consignee or shipper, or both, are different, but it does not require that the foreign and domestic merchandise consigned by any one shipper to any one consignee shall 'be so differently numbered and marked as that the foreign merchandise can, by the numbers and marks, be distinguishéd from the domestic merchandise.
    5. Such distinction in the manifest between the marking and numbering of foreign and domestic merchandise, consigned by one and the same shipper to one and the same consignee, has never been made in practice, and the long-established usage must be considered as settling the construction of the act.
    6. The manifest in question is conformable, to the most approved precedents. (See American Lex Mercatoria, Appendix.)
    7. Assuming that the manifest ought to have been more specific, and so as to distinguish between the foreign and domestic merchandise consigned by one and the same shipper to one and the same consignee, yet the certificate of the collector thereon, and the oath of the master, being correct; and according to the provisions of the said 16th section, the goods are not forfeited under the 17th section of said act, but the master only is subjected to the forfeiture of one hundred dollars under the said 16th section.
    8. The forfeiture of the goods under the 17th section is confined to the case where the goods, are not certified as required.
    9. Penal laws are to be strictly construed, and the interpretation of revenue laws is in favor of the subject, especially in the case of forfeiture of goods for acts not done by the owner thereof. Hubbard v. Johnstone, 3 Taunt. 177; Chests Tea v. U. States, 1 Paine, 499.
    10. The legislature, in applying the pecuniary penalty upon the master to any defect in the manifest and certificate in the particulars enumerated in the 16th section, and in limiting the forfeiture of the goods to the prejudice of the owner thereof, in the 17th section, to a defect in the certificate, clearly meant, to narrow the ground of forfeiture of the goods, and to confine it to a case of a defect in the certificate, per se.

    11. If every defect in the manifest should be deemed to extend to the certificate, and to render that defective by relation, so as to cause a forfeiture of the goods to the owner, it would confound the distinction clearly drawn by the act between the two cases, and would deprive the owner of the goods of those salutary rules of construction above referred to.
   Mr. Chief Justice TANEY

delivered the opinion of the Court.

The first of these cases arises upon a libel filed in the Superior Court for the District of East Florida, against certain goods which were brought into the port of St. Augustine, in the schooner Hope W. Gaudy, and there seized by the collector as forfeited, for an alleged violation of the revenue laws. The appellants appeared as claimants; and at the trial in the Superior Court, the libel was dismissed, and the decree of dismissal afterwards affirmed in the Court of Appeals for the Territory of Florida. From this last-mentioned decree the United States appealed to this court.

The Hope W. Gaudy was regularly licensed to carry on the coasting trade ; and the goods in question were part of a cargo shipped at New York for the port of St. Augustine. The master of the schooner, previous to his sailing from New York, delivered a manifest of his cargo to the collector, in which the goods seized were included, with the proper affidavit annexed; and the collector indorsed upon it the certificate and permit to proceed on the voyage, as required by the act of February 18, 1793. This manifest, so certified and indorsed, was in due time after the arrival of the vessel delivered to the collector of St. Augustine.

There is no imputation of bad faith in this transaction, upon the master or owners, or any of the parties concerned. But the forfeiture was supposed to have been incurred by a breach of the provisions of the 16th and 17tb sections of the act of Congress above mentioned. Part of the cargo consisted of foreign merchandise. And it was insisted, on the part of the United States, that this portion of it was not marked and described in the manifest, in the manner required by the 16th section, and was on that account liable to seizure and forfeiture at the port of destination.

We do not think it material to inquire whether the manifest did or did not describe with legal precision the foreign merchandise which the master had taken on board when he sailed from New York. For if the manifest be liable to that objection, the 16th section, which prescribes the manner in which foreign merchandise shall be specified in the manifest, punishes the omission by a small pecuniary penalty on the master : but does not forfeit the goods.

Neither does the clause of forfeiture in the 17th section apply to imperfections of that description. The manifest, which the master is required by this section to deliver at the port of destination, is the one certified by the collector at the port of shipment, and this he did deliver. And the law forfeits the foreign merchandise, or distilled spirits, found on board or landed from the vessel, in those cases only in which it is not included in the manifest certified as. aforesaid. This is evidently the meaning of the law. But the record in this case shows that the goods seized were included in the manifest; and whether they were there described with legal precision or not is immaterial to this inquiry. For a defect in that respect, where there is no fraud, does not subject the goods to forfeiture, either at the port of shipment or the port of delivery. Indeed, it can hardly be supposed that an offence, which in the 16th section is punished by a small pecuniary penalty on the master, was intended in the succeeding section of the same law to be visited on the owner, and subject him to the aggravated punishment of the.forfeiture of his goods ; and the more especially as the defect, if any, was the fault of the public officer, who was apprised by the oath of the master to the manifest that foreign merchandise was on board, and whose duty it was, when thus informed, to see that it was designated and described as the law requires before he granted the certificate and permit to proceed on the voyage.

The decree of the Court of Appeals for the Territory of Florida must therefore be affirmed.

The other case between the same parties, now before us, is similar in all respects to the one in which I have just stated the opinion of the Court. But the record shows that the value of the goods in controversy in this case is only seventy dollars.

The act of May 31, 1844, which gives appellate jurisdiction to this court in revenue cases, without regard to the sum in dispute, gives it only where the judgment is rendered in a Circuit Court of the United States. Consequently, it does not apply to a judgment rendered in the Court of Appeals for the Territory of Florida. The right to appeal from that court is regulated by the act of May 26, 1824. And that act limits the appellate power of this court to cases in which the amount in controversy exceeds one thousand dollars.

This case must therefore be dismissed for want of jurisdiction.’

Orders.

The United States v. Carr -and Peck, Claimants of Sixteen Boxes of Havana Sugar, &c.

This cause came on to be heard on the transcript of the record from the Court of Appeals for the Territory of Florida, and was argued by counsel. On consideration whereof, it is now here ordered, adjudged, and decreed by this court, that the decree of the said Court of Appeals in this cause be, and the same is hereby, affirmed.

The United States v. Carr and Peck, Claimants of Ten Boxes, &c., of Raisins.

This cause came on to be heard on the transcript of the record from the Court of Appeals for the Territory of Florida, and was argued by counsel. On consideration whereof, it is now here ordered, adjudged, and decreed by this court, that this cause be, and the same is hereby, dismissed for the want of jurisdiction.