text:
    No. 91-480.
    Carpenters Southern California Administrative Corp. v. El Capitan Development Co.
   Sup. Ct. Cal. Motions of Sheet Metal Workers Trust Funds of Southern California et al, Laborers Health and Welfare Trust Fund for Northern California et al., U. A. Local No. 467 Pension Trust Fund et al., Laborers Health and Welfare Trust Fund for Southern California et al., and California Ironworkers Field Pension Trust et al. for leave to file briefs as amici curiae granted. Certiorari denied.


source: Caselaw Access Project

license: Public Domain

text:
    No. 91-483.
    Delo, Superintendent, Potosi Correctional Center v. Kenley.
   C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 91-498.
    New York City Housing Authority et al. v. Owens.
   C. A. 2d Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-5264.
    Rivers v. United States.
   C. A. 4th Cir. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 91-5639.
    McNeil et al. v. United States.
   C. A. D. C. Cir. Certiorari denied.

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


author: Justice White,

text:
    No. 91-5952.
    Hunt v. New York.
   Ct. App. N. Y. Certiorari denied.

Justice White,

dissenting.

A key question in this case is whether the Double Jeopardy Clause applies to triallike sentence enhancement proceedings in noncapital cases. In Bullington v. Missouri, 451 U. S. 430 (1981), this Court held that the Clause was implicated in such proceedings in the capital context. We expressly declined to address the applicability of the Clause to noncapital sentence enhancement proceedings in Lockhart v. Nelson, 488 U. S. 33, 37, n. 6 (1988). The New York Court of Appeals in this case held that Double Jeopardy Clause principles did not preclude the State from seeking a second sentence enhancement after it failed to establish the requisite statutory predicate for enhancement in the first proceeding. 78 N. Y. 2d 932, 933, 579 N. E. 2d 208 (1991).

Other courts take the contrary view. See, e. g., Durosko v. Lewis, 882 F. 2d 357, 359 (CA9 1989), cert. denied, 495 U. S. 907 (1990), and Bullard v. Estelle, 665 F. 2d 1347, 1361 (CA5 1982), vacated and remanded on other grounds, 459 U. S. 1139 (1983), both cases holding that double jeopardy analysis applies in sentence enhancement proceedings.

Because this division in authority should be resolved, I believe the Court should grant certiorari.


text:
    No. 90-7462.
    No. 90-8021.
    No. 91-193.
    No. 91-5117.
    No. 91-5303.
    No. 91-5403.
    No. 91-5533.
    Gorelik v. NI Industries, Inc., et al., Dempsey v. Massachusetts, Kelly v. Holiday Inn of Blytheville, Litzenberg v. Murphy et al., Schlicher v. Roberts et al., St. Hilaire v. Arizona Department of Corrections et al. (two cases), In re Cyntje,
   500 U. S. 923;

ante, p. 901;

ante, p. 865;

ante, p. 876;

ante, p. 885;

ante, p. 891; and

ante, p. 806. Petitions for rehearing denied.

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


text:
    November 14, 1991
    No. 91-6382.
    Sawyer v. Whitley, Warden.
   C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, granted. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    November 18, 1991
    No. D-1031.
    In re Disbarment of Wade.
    [For earlier order herein, see 501 U. S. 1274.]
   Disbarment entered.


text:
    No. D-1032.
    In re Disbarment of Brill.
    [For earlier order herein, see 501 U. S. 1274.]
   Disbarment entered.


text:
    No. D-1049.
    In re Disbarment of Beltre.
   It is ordered that Luis Oscar Beltre, of Paramus, N. J., 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-1050.
    In re Disbarment of Friedman.
   It is ordered that Michael Friedman, of Los Alamitos, 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-1051.
    In re Disbarment of Urroz.
   It is ordered that Luis F. Urroz, of San Francisco, Cal, be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1052.
    In re Disbarment of Cavacos.
   It is ordered that Theodore Andrew Cavacos, of Baltimore, Md., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1053.
    In re Disbarment of Michalek.
   It is ordered that James J. Michalek, of Lackawanna, 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. 90-1846.
    Denton, Director of Corrections of California, et al. v. Hernandez.
   C. A. 9th Cir. [Certiorari granted, ante, p. 937.] Motion for appointment of counsel granted, and it is ordered that Richard W. Nichols, Esq., of Sacramento, Cal., be appointed to serve as counsel for respondent in this case.


text:
    No. 90-1947.
    Yee et al. v. City of Escondido, California.
   Ct. App. Cal., 4th App. Dist. [Certiorari granted, ante, p. 905.] Motion of petitioners to consolidate this case with No. 90-1824, Palomar Mobilehome Park Assn. v. City of San Marcos, California, denied.


text:
    No. 91-522.
    No. 91-540.
    Saudi Arabia et al. v. Nelson et ux. Chance v. South Carolina.
   C. A. 11th Cir.; and

Sup. Ct. S. C. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 91-6084.
    In re Karna.
   Petition for writ of mandamus denied.


text:
    No. 91-453.
    Lucas v. South Carolina Coastal Council.
   Sup. Ct. S. C. Certiorari granted.


text:
    No. 91-5843.
    Sochor v. Florida.
   Sup. Ct. Fla. Motion of petitioner for leave to proceed in forma pauperis granted. Cer-tiorari granted limited to Questions 2 and 4 presented by the petition.


text:
    No. 90-1941.
    Akaka et al. v. Price, aka Loa, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-8107.
    Huffstetler v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 90-8398.
    DeKoven v. Brown, Director, Michigan Department of Corrections, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-176.
    R. V. Doctor et al. v. General Electric Capital Corp.
   Ct. App. Ore. Certiorari denied.


text:
    No. 91-240.
    Jackson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-324.
    Missouri et al. v. Jenkins et al. (two cases).
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-377.
    Frieson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-410.
    Munoz v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 91-436.
    Bair v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 91-486.
    Heckman v. McCullion, Registrar, Ohio Bureau of Motor Vehicles.
   Ct. App. Ohio, Trumbull County. Certiorari denied.


text:
    No. 91-488.
    KPMG Peat Marwick et al. v. Abbey et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-493.
    Rice et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-500.
    Mattei et al. v. Laborers Combined Funds of Western Pennsylvania et al.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 91-511.
    Dow Chemical, U. S. A. v. Pinion et ux.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-513.
    Northcutt et ux. v. Farm Credit Bank.
   Ct. App. Okla. Certiorari denied.


text:
    No. 91-517.
    Forrest et al. v. Washington State Electrical Contractors Assn., Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-518.
    Brahms v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-524.
    Wilson v. Kauffman.
   Ct. App. Ind. Certiorari denied.


text:
    No. 91-528.
    Picinic v. Seatrain Lines, Inc., et al.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 91-529.
    Abundant Life Christian Centre, Inc. v. Markham, Broward County Property Appraiser.
   Dist. Ct. App. Fla., 4th Dist. Certiorari denied.


text:
    No. 91-531.
    Khashoggi v. National Development Co.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-534.
    Colonel v. Buteau et al.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 91-536.
    Bethke et al. v. Baker Motors et al.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 91-539.
    Lord v. Farm Credit Bank of Saint Paul, fka Federal Land Bank of St. Paul, et al.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 91-559.
    Robinson v. Cleveland State University.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-565.
    Adams v. City of Detroit, Michigan, et al.
   Ct. App. Mich. Certiorari denied.


text:
    No. 91-607.
    McDonald v. Piedmont Aviation, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-623.
    Taylor v. Sullivan, Secretary of Health and Human Services.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-639.
    Wogan v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-5100.
    Carroll, aka Shiyr v. Missouri.
   Ct. App. Mo., Western Dist. Certiorari denied.


text:
    No. 91-5257.
    Holland v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-5362.
    Visman v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-5389.
    Coats v. Kentucky.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 91-5501.
    Lindsey v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5502.
    Lindsey v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5514.
    Clark v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 91-5530.
    Hill v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-5559.
    Mooneyham v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-5560.
    Paredes-Moya v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5569.
    Jennings v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 91-5573.
    Harper v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5597.
    McCallum et ux. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5625.
    Astorri v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-5646.
    Sisson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-5653.
    Jimenez v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-5680.
    Gentry v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-5691.
    White v. Stone, Secretary of the Army.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-5700.
    No. 91-5710.
    Burke v. United States; and Johnson v. United States.
   C. A. 11th Cir. Certiorari denied. Reported below: 932 F. 2d 976.


text:
    No. 91-5734.
    Lawhorn v. Alabama.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 91-5768.
    Gonzalez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5897.
    Robison v. Maynard, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-5903.
    Hubbert v. Elkins, Deputy Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-5912.
    Hanrahan v. Thieret, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-5920.
    Brown et al. v. Kerr Glass Manufacturing Inc. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-5923.
    Shumate v. Signet Bank et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-5929.
    Turner v. Shimoda et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-5933.
    Huitt v. Evans, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-5934.
    Zguro v. Commissioner of the Massachusetts Department of Veterans’ Services et al.
   App. Ct.. Mass. Certiorari denied.


text:
    No. 91-5940.
    Coleman v. Delaware et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-5943.
    Hogan v. Armontrout, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-5949.
    Tyler v. Ashcroft, Governor of Missouri, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-5955.
    Johnston v. Torres et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-5956.
    Harper v. Stenberg, Attorney General of Nebraska, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-5958.
    Fox v. Cuevos et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-5963.
    Demos v. Supreme Court of Washington.
   Ct. App. Wash. Certiorari denied.


text:
    No. 91-5970.
    Boyd v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 91-5976.
    Russell v. City of East Point.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 91-5978.
    Robinson v. Ferenchik et al.
   Ct. App. Ohio, Stark County. Certiorari denied.


text:
    No. 91-5979.
    Lyle v. Saginaw County Circuit Court Stenographer.
   Ct. App. Mich. Certiorari denied.


text:
    No. 91-5982.
    Richardson v. Texas.
   Ct. App. Tex., 1st Dist. Certiorari denied.


text:
    No. 91-5992.
    Hudspeth v. Hudspeth.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6001.
    Williams v. Michigan Department of Corrections et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6012.
    Beardslee v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 91-6053.
    Morales v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6062.
    Nielsen v. Society of the New York Hospital.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6081.
    Yildirim v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6083.
    Kirby v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6088.
    Williamson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6089.
    Snyder v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6095.
    Bandin v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6102.
    Hayes v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 91-6105.
    Lauzon v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-6108.
    Evans v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6119.
    Morton v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6124.
    Hernandez v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6125.
    Parker v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 91-6128.
    Benary v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6140.
    DiLoreto v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6141.
    Rogers v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6143.
    Earl v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-1173.
    Public Service Company of Colorado et al. v. Thompson.
   Sup. Ct. Colo. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 91-153.
    Maryland v. Owens.
   Ct. App. Md. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 91-574.
    Singletary, Secretary, Florida Department of Corrections v. Jackson.
   C. A. 11th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 91-485.
    Pierre v. Connecticut General Life Insurance Co. et al.
   C. A. 5th Cir. Certiorari denied.

Justice White,

with whom Justice Blackmun joins,

dissenting.

This lawsuit stems from a denial of accident insurance benefits by the administrator of an Employee Retirement Income Security Act of 1974 (ERISA) plan. See 88 Stat. 891, 29 U. S. C. § 1132 (a)(1)(B). In Firestone Tire & Rubber Co. v. Bruch, 489 U. S. 101, 115 (1989), we reasoned that “the validity of a claim to benefits under an ERISA plan is likely to turn on the interpretation of terms in the plan” and therefore held that decisions of a plan administrator concerning eligibility for benefits ordinarily should be subject to de novo review.

Since our decision in Bruch, a disagreement has developed in the Courts of Appeals concerning the standard of review to be applied when a benefits decision turns on the facts of the case, rather than the interpretation of the terms in the ERISA plan. The Third and Fourth Circuits have held that a decision of a plan administrator should be reviewed de novo. Luby v. Teamsters Health, Welfare, and Pension Trust Funds, 944 F. 2d 1176 (CA3 1991); Reinking v. Philadelphia American Life Ins. Co., 910 F. 2d 1210 (CA4 1990). See also Petrilli v. Drechsel, 910 F. 2d 1441 (CA7 1990) (dicta). However, in the present case, the Fifth Circuit ruled that an abuse of discretion standard should be applied. 932 F. 2d 1552 (1991).

I would grant certiorari to resolve the conflict in the Courts of Appeals on this important issue.


text:
    No. 91-503.
    Schultz v. Federal Communications Commission et al.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 91-506.
    Environmental Defense Fund, Inc. v. Wheelabrator Technologies, Inc., et al.
   C. A. 2d Cir. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Certiorari denied.


text:
    No. 91-512.
    Kamen v. Kemper Financial Services, Inc., et al.
   C. A. 7th Cir. Motion of respondent Kemper Financial Services, Inc., for damages and costs denied. Certiorari denied.


text:
    No. 91-527.
    National Steel Corp. v. White et al.
   C. A. 4th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-5977.
    Haugen v. Brady et al.; and Haugen v. Clark County, Nevada, et al.
   C. A. 9th Cir. Certiorari before judgment denied.


text:
    No. 90-1752.
    No. 90-1797.
    No. 90-8017.
    No. 90-8123.
    No. 90-8134.
    No. 90-8195.
    No. 90-8289.
    No. 90-8363.
    No. 90-8371.
    No. 90-8401.
    No. 90-8422.
    No. 91-12.
    No. 91-5068.
    No. 91-5086.
    No. 91-5102.
    No. 91-5382.
    No. 91-5595.
    No. 91-5598.
    No. 91-5714.
    Thomas v. Bliss & Laughlin Steel Co., Polyak v. Boston et al., Riley v. Plantier, Superintendent, Adult Diagnostic and Treatment Center, Arthur v. United States, Smith v. Dougherty et al., Amunthaiyakul v. United States, Ray v. Pacific Missile Test Center Agency et al., In re Herrera et al., Cox v. United States, Juras v. Aman Collection Service, Inc., et al., In re Stich, McIntyre v. Department of the Army, Genninger v. Butler, Superintendent, Massachusetts Correctional Institute, Norfolk, Eldridge v. Bernet, Smith v. Texas, Hill v. United States, Schlicher v. Roberts et al., Washington v. Garrett, Mauzone v. Rollins, Warden, et al.
   ante, p. 811;

ante, p. 813;

ante, p. 830;

ante, p. 833;

ante, p. 834;

ante, p. 837;

ante, p. 842;

ante, p. 806;

ante, p. 847;

ante, p. 849;

ante, p. 806;

ante, p. 856;

ante, p. 873;

ante, p. 874;

ante, p. 875;

ante, p. 890;

ante, p. 926;

ante, p. 915; and

ante, p. 917. Petitions for rehearing denied.

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


text:
    No. 90-1479.
    No. 90-5842.
    No. 90-7530.
    Grover v. Rocheleau et al., Darlington v. United States, Delfin v. Office of Personnel Management,
   500 U. S. 918;

498 U. S. 961; and

500 U. S. 924. Motions for leave to file petitions for rehearing denied.

Justice Thomas took no part in the consideration or decision of these motions.


text:
    November 26, 1991
    No. 90-1372.
    Main Hurdman v. Fine et al.
   C. A. 5th Cir. Certiorari dismissed under this Court’s Rule 46.


text:
    No. A-379.
    Collins, Director, Texas Department of Criminal Justice, Institutional Division v. May.
   Application of the Attorney General of Texas for an order to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Fifth Circuit, presented to Justice Scalia, and by him referred to the Court, denied.

The Chief Justice, Justice Scalia, and Justice Thomas would grant the application to vacate the stay.


text:
    November 27, 1991
    No. 90-857.
    Doggett v. United States.
   C. A. 11th Cir. [Certiorari granted, 498 U. S. 1119.] Case restored to calendar for reargument. Counsel are directed to submit supplemental briefs on the question whether the history of the Speedy Trial Clause of the Sixth Amendment supports the view that the Clause protects a right of citizens to repose, free from the fear of secret or unknown indictments for past crimes, independent of any interest in preventing lengthy pretrial incarceration or prejudice to the case of a criminal defendant.

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


text:
    No. 90-1604.
    Morales, Attorney General of Texas v. Trans World Airlines, Inc., et al.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 91-571.
    Taylor v. Freeland & Kronz et al.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 91-594.
    American National Red Cross v. S. G. et al.
   C. A. 1st Cir. Certiorari granted.


text:
    No. 91-615.
    Allied-Signal, Inc., as Successor-in-Interest to the Bendix Corp. v. Director, Division of Taxation.
   Sup. Ct. N. J. Certiorari granted.


text:
    No. 91-611.
    Barker et al. v. Kansas et al.
   Sup. Ct. Kan. Motion of Retired Officers Association for leave to file a brief as amicus curiae granted. Certiorari granted.


text:
    December 2, 1991
    No. 91-627.
    Arizona v. Mullen.
   Ct. App. Ariz. Motion of respondent for leave to proceed informa pauperis granted. Cer-tiorari granted, judgment vacated, and case remanded for further consideration in light of Florida v. Bostick, 501 U. S. 429 (1991).


text:
    No. -.
    Rautenberg et al. v. United States District Court for the Central District of California (United States, Real Party in Interest).
   Motion of petitioners to file a redacted petition for writ of certiorari publicly and motion to file motion under seal granted.


text:
    No. A-128.
    Hampel et al. v. Autoridad de Energia Electrica de Puerto Rico.
   Application for injunction, addressed to Justice O’Connor and referred to the Court, denied.


text:
    No. A-218 (91-792).
    Sargent, Warden v. Henderson.
   C. A. 8th Cir. Application for stay, addressed to Justice O’Connor and referred to the Court, denied.


text:
    No. A-373 (91-836).
    Union Bank of Switzerland v. United States.
   Application for stay of mandate of the United States Court of Appeals for the Eleventh Circuit, presented to Justice Kennedy, 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 sending down of the judgment of this Court.


text:
    No. D-1029.
    In re Disbarment of Kessler.
    [For earlier order herein, see 501 U. S. 1274.]
   Disbarment entered.


text:
    No. D-1030.
    In re Disbarment of Guller.
    [For earlier order herein, see 501 U. S. 1274.]
   Disbarment entered.


text:
    No. D-1033.
    In re Disbarment of Robbins.
    [For earlier order herein, see 501 U. S. 1274.]
   Disbarment entered.


text:
    No. D-1034.
    In re Disbarment of Ostrowe.
    [For earlier order herein, see 501 U. S. 1274.]
   Disbarment entered.


text:
    No. D-1035.
    In re Disbarment of Marcus.
    [For earlier order herein, see 501 U. S. 1274.]
   Disbarment entered.


text:
    No. D-1036.
    In re Disbarment of Goerlich.
    [For earlier order herein, see 501 U. S. 1274.]
   Disbarment entered.


text:
    No. D-1037.
    In re Disbarment of Dellorfano.
    [For earlier order herein, see 501 U. S. 1275.]
   Disbarment entered.


text:
    No. D-1038.
    In re Disbarment of Nolan.
    [For earlier order herein, see 501 U. S. 1275.]
   Disbarment entered.


text:
    No. D-1039.
    In re Disbarment of Townsend.
    [For earlier order herein, see 501 U. S. 1279.]
   Disbarment entered.


text:
    No. D-1054.
    In re Disbarment of Norris.
   It is ordered that Robert McKim Norris, Jr., 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. D-1055.
    In re Disbarment of Rogers.
   It is ordered that John Joseph Rogers, Jr., of Jamaica Plain, Mass., 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-1056.
    In re Disbarment of Taub.
   It is ordered that Martyn Taub, of Middletown, 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-1057.
    In re Disbarment of Berman.
   It is ordered that Brian Murray Berman, of Hollywood, 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-1058.
    In re Disbarment of Bonner.
   It is ordered that James Luther Bonner, of Pittsboro, Miss., 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. 65,
    Orig.
    Texas v. New Mexico.
   Motion of the River Master for approval of fees and expenses granted, and the River Master is awarded $7,208 for the period July 1 through September 30, 1991, to be paid equally by the parties. [For earlier order herein, see, e. g., ante, p. 903.]


text:
    No. 91-545.
    No. 91-569.
    Burlington Northern Railroad Co. v. Blackfeet Tribe of the Blackfeet Indian Reservation et al. Washington et al. v. Confederated Tribes of Colville Reservation et al.
   C. A. 9th Cir.; and

C. A. 9th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


author: Justice Blackmun and Justice Stevens,

text:
    No. 91-5947.
    De Caceres v. Scholl.
   C. A. 3d Cir. Motion of petitioner for leave to proceed informa pauperis denied. Petitioner is allowed until December 23, 1991, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Blackmun and Justice Stevens,

dissenting.

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


author: Justice Stevens,

text:
    No. 91-6057.
    No. 91-6061.
    Schulz v. Washington County et al. Osei-Afriyie v. Medical College of Pennsylvania et al.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept.; and

C. A. 3d Cir. Motions of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until December 23, 1991, within which to pay the docketing fee required by Rule 38(a) and to submit petitions in compliance with Rule 33 of the Rules of this Court.

Justice Stevens,

dissenting.

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


text:
    No. 91-6126.
    Maxey v. City of Lufkin, Texas.
   C. A. 6th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until December 23, 1991, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.


text:
    No. 91-6306.
    In re Morris.
   Petition for writ of habeas corpus denied.


text:
    No. 91-6016.
    No. 91-6060.
    No. 91-6078.
    In re Vernon; In re Ledbetter; and In re Coombs.
   Petitions for writs of mandamus denied.


text:
    No. 91-59.
    Christie v. Department of the Navy.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-129.
    Dorsey v. City of Detroit et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-231.
    Willingham v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 91-263.
    Food Giant, Inc. v. Porter.
   Ct. App. Ga. Certiorari denied.


text:
    No. 91-270.
    City of Newport Beach, California v. Hammer.
   C. A, 9th Cir. Certiorari denied.


text:
    No. 91-271.
    Malinovsky v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 91-298.
    Rosa et al. v. Resolution Trust Corporation, in its Corporate Capacity and as Receiver.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-361.
    Hoskinson, Deceased, Through the Personal Representative of her Estate, Fleming, et al. v. California et al.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 91-362.
    DialAmerica Marketing, Inc. v. Martin, Secretary of Labor.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-365.
    Kaczmarczyk et al. v. Immigration and Naturalization Service.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-369.
    Chesson et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-371.
    Tampam, Inc. v. Ogle County Board of Review et al.
   App. Ct. Ill., 2d Diet. Certiorari denied.


text:
    No. 91-374. No. 91-626.
    Caso v. United States; and Kiely v. United States.
   C. A. 4th Cir. Certiorari denied. Reported below: 936 F. 2d 1288.


text:
    No. 91-388.
    Powell v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-402.
    No. 91-416.
    Alabama et al. v. Bowsher, Comptroller General of the United States, et al.; and Minnesota et al. v. Bowsher, Comptroller General of the United States, et al.
   C. A. D. C. Cir. Certiorari denied. Reported below: 290 U. S. App. D. C. 166, 936 F. 2d 332.


text:
    No. 91-411.
    Struminikovski v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-427.
    Stout v. Borg-Warner Corp. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-428.
    Barnes, Commissioner of Texas State Board of Insurance, et al. v. E-Systems, Inc. Group Hospital Medical & Surgical Insurance Plan et al. (two cases).
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-478.
    Shinchosha Co. v. Superior Court of California, County of Los Angeles (Shimizu, Real Party in Interest).
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 91-499.
    Hanesworth v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-523.
    Ellery v. County of San Diego.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 91-533.
    Charles J. Rogers Construction v. Trustees for Michigan Carpenters Council Health and Welfare Fund.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-544.
    Campbell’s Moving Co., Inc. v. Goozman, Trustee.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-546.
    Latrobe Brewing Co. et al. v. Tony Savatt, Inc.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 91-550.
    Milligan v. Nevada.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 91-551.
    Davis v. Kambara Risen Co., Ltd.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-555.
    Lindsey v. Texas.
   Ct. App. Tex., 14th Dist. Certiorari denied.


text:
    No. 91-561.
    Uberoi v. University of Colorado et al.
   Ct. App. Colo. Certiorari denied.


text:
    No. 91-562.
    Banks v. City of San Jose et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-567.
    Walton v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 91-568.
    Cook et ux. v. Atlantic Richfield Co.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-570.
    PMI Industries, Inc., et al. v. Folger Adam Co.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-572.
    Allright, Colorado, Inc., et al. v. City and County of Denver et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-573.
    Pirela v. Village of North Aurora.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-578.
    White v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-582.
    Layman v. Xerox Corp.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-585.
    Stockler et al. v. City of Detroit et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-588.
    Trell v. Sentex Systems, Inc., et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-593.
    Simon v. Thibodaux et al.
   Ct. App. La., 3d Cir. Certiorari denied.


text:
    No. 91-599.
    Callihan, dba S. H. E. Video, et al. v. Ohio.
   Ct. App. Ohio, Fairfield County. Certiorari denied.


text:
    No. 91-600.
    Evans v. Goodman, Chair, Board of Trustees, Cleveland State University, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-601.
    Romero v. Aguayo et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-603.
    No. 91-613.
    PepsiCo, Inc., et al. v. Uselton et al.; and Alcox et al. v. Uselton et al.
   C. A. 10th Cir. Certiorari denied. Reported below: 940 F. 2d 564.


text:
    No. 91-604.
    O’Leary v. California Highway Patrol et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-606.
    Di Martino v. American Motorists Insurance Co. et al.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 91-608.
    N. W. Enterprises, Inc. v. Texas.
   Ct. App. Tex., 8th Diet. Certiorari denied.


text:
    No. 91-609.
    F. & J. M. Carrera, Inc., et al. v. Pineiro Crespo et al.
   Sup. Ct. P. R. Certiorari denied.


text:
    No. 91-612.
    Woodard v. Vermont et al.
   Sup. Ct. Vt. Certiorari denied.


text:
    No. 91-621.
    Plante v. New Hampshire.
   Sup. Ct. N.H. Certiorari denied.


text:
    No. 91-628.
    Lerman et al. v. Commissioner of Internal Revenue.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-638.
    Santos v. Rodriguez et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-648.
    Gale v. Home Savings of America F. A., as Successor in Interest to Hyde Park Federal Savings & Loan Association of Chicago.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-651.
    Vorsheck et al. v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-653.
    Zimmerman v. H. E. Butt Grocery Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-658.
    Glenn v. Texas.
   Ct. App. Tex., 5th Dist. Certiorari denied.


text:
    No. 91-662.
    Zebert v. Board of Bar Admissions of the State of Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 91-703.
    Gusto Records, Inc., et al. v. Thomas et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-705.
    DeBerry v. West Virginia.
   Sup. Ct. App. W. Va. Certiorari denied.


text:
    No. 91-709.
    Lowrance v. Hacker.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-711.
    Zeichick v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-725.
    Schmitt v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-5099.
    Gibbs v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-5419.
    Santos v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-5440.
    Stripling v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 91-5481.
    McKines v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-5546.
    Huffington v. Maryland.
   Cir. Ct. Md., Frederick County. Certiorari denied.


text:
    No. 91-5614.
    Pollock v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-5640.
    Gonzalez v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-5644.
    Spreitzer v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 91-5666.
    Rusnov et al. v. City of Cleveland, Ohio.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 91-5673.
    Harper v. Thames et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5686.
    Leech v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-5689.
    Puentes v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-5695.
    Cross v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-5696.
    Busacca v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-5698.
    Cabrera v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-5706.
    No. 91-5753.
    Dean v. United States; and Hudson v. United States.
   C. A. 11th Cir. Certiorari denied. Reported below. 932 F. 2d 976.


text:
    No. 91-5728.
    Rodriguez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-5740.
    Benton v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-5750.
    Tisdale v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-5789.
    Villegas v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5802.
    Sutton v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-5839.
    Hodge v. Colon et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-5872.
    Seibel v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 91-5878.
    Stevenson v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-5937.
    Jones v. Myers et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-5962.
    Chase v. Peterson et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-5967.
    Wills v. Whitley, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-5971.
    Peralta v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-5974.
    Valle v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 91-5981.
    Kaffenberger v. City of Bullhead, Arizona, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-5984.
    Koff v. Koff.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 91-5985.
    Ziligh v. Superior Court of Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 91-5993.
    Sutton v. Indiana.
   Ct. App. Ind. Certiorari denied.


text:
    No. 91-5996.
    Martin v. Greensboro Health Care, Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-5999.
    Forgione v. Keane, Superintendent, Sing Sing Correctional Facility, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6000.
    Bates v. Nagle, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6002.
    Wion v. Lynaugh et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6003.
    Wozniski v. Clymer, Deputy Commissioner, Eastern Region, Pennsylvania Department of Corrections, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6013.
    Argentina v. DeBenedictus.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 91-6014.
    Boyd v. Town of Cabot, Arkansas, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6018.
    Palermo v. California.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 91-6019.
    Taylor v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6020.
    Williams et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6021.
    Wainscott v. Marmag Investments, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6022.
    Connelly v. Kovachevich.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6023.
    Smith v. Hatfield.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6025.
    Williams v. Canner & Bloom, P. C.
   Ct. App. Mich. Certiorari denied.


text:
    No. 91-6027.
    Byrd v. Keane, Superintendent, Sing Sing Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6033.
    Hussey v. Massachusetts (two cases).
   .Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 91-6038.
    Quintana v. New Jersey.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 91-6039.
    Portnoy v. United States Postal Service et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6043.
    Garrett v. Armontrout, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6045.
    LeGrand v. Kelley, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied..


text:
    No. 91-6047.
    McClain v. Reid, Commissioner, Pennsylvania Department of Corrections.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6048.
    Fugel v. Myers, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6049.
    Walker v. Independence Federal Savings & Loan Assn. et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 91-6052.
    Monger v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6055.
    Hill v. Bingaman et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6056.
    Hill v. Pennsylvania.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6058.
    Mosier v. Williams et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6059.
    Reed v. Belew, Judge, United States District Court for the Northern District of Texas, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6063.
    Holloman v. Thornton, Superintendent, Johnston Correctional Center, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6064.
    Kirksey v. Nevada.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 91-6069.
    Murphy v. Dowd et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6070.
    Malik v. Phillips et al.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 91-6071.
    Lebbos v. State Bar of California et al.; and Lebbos v. Judges, Santa Clara County Superior Court.
   C. A. 9th Cir. Certiorari before judgment denied.


text:
    No. 91-6075.
    Sawdon v. Arkansas.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6080.
    Williamson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6082.
    Kelly v. Trickey et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6087.
    Sides v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6092.
    Dennis v. Dowdle, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6094.
    Stevens v. Ohio et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 91-6098.
    Toro Aristizabal v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-6104.
    Herbage v. United States et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 91-6107.
    Hill v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6111.
    Billings v. Martin, Secretary of Labor.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6114.
    Largo-Montenegro v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6115.
    Brown et al. v. Casscells, Trustee for Casscells.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6116.
    Moreno Mendoza v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6117.
    Luna v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6131.
    Parikh v. Choy.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6132.
    Los v. Wardell et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6133.
    Puckett v. Texas.
   Ct. App. Tex., 14th Dist. Certiorari denied.


text:
    No. 91-6135.
    Robbins v. Lynn.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6137.
    Nave v. Delaware.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6144.
    Lomelino v. McDonnell Douglas Aircraft Corp. et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 91-6147.
    Shelton v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6151.
    Hodges v. Rafferty, Superintendent, East Jersey State Prison, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6154.
    Alexander, aka Washington v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6163.
    Moore v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6164.
    Ortiz v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6165.
    Lua v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6166.
    Andino v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6171.
    Schillaci v. Collins, Director, Texas Department of Criminal Justice.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6172.
    Flor v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6175.
    O’Dell et al. v. Thompson, Warden, et al.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 91-6176.
    Garrett v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6177.
    Martin et al. v. Medical Center of Delaware.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6179.
    Johnson et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6180.
    Shakur v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6185.
    Rogers v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6186.
    Nunn v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6187.
    Webb v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6192.
    Bourque v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6196.
    Esieke v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6197.
    Maddox v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6198.
    Hendrickson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6201.
    Diaz-Valenzuela v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6202.
    Bernal v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6203.
    Guerra v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6206.
    Brown v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-6207.
    Blackston v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6210.
    Clark v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6217.
    Shupe v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6218.
    Smith v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6219.
    Vereb v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6221.
    Turner v. Runser et al.
   Ct. App. Cal, 6th App. Dist. Certiorari denied.


text:
    No. 91-6222.
    Daniel v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 91-6229.
    No. 91-6261.
    Smith v. United States; and Jenkins v. United States.
   C. A. 11th Cir. Certiorari denied. Reported below: 936 P. 2d 1243.


text:
    No. 91-6231.
    Murray v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6232.
    Moore v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6233.
    McGhee v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6234.
    Prior v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6235.
    Yovev v. Northrop Corp.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 91-6238.
    Hall v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6243.
    Mount v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-6247.
    Fonder v. Wisconsin.
   Ct. App. Wis. Certiorari denied.


text:
    No. 91-6251.
    Strickland v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6264.
    Bauer v. United States et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6266.
    Stark v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6276.
    Love v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6277.
    Marinez v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6278.
    Man Chiu Li v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6283.
    Ashley v. Trippett, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6284.
    Poindexter v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6285.
    Poteet v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6289.
    Walker v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6292.
    Miller v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6295.
    Bogan v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6305.
    Ingram v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-251.
    No. 91-547.
    Dooley et al. v. Korean Air Lines Co., Ltd.; and Korean Air Lines Co., Ltd. v. Dooley et al.
   C. A. D. C. Cir. Certiorari denied.

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

Reported below: 289 U. S. App. D. C. 391,. 932 F. 2d 1475.


text:
    No. 91-397.
    Citizens Against Burlington, Inc., et al. v. Busey, Administrator, Federal Aviation Administration, et al.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 91-329.
    Rebel Motor Freight, Inc. v. Interstate Commerce Commission et al.
   C. A. 6th Cir. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 91-548.
    Choate v. Farm Credit Bank of Wichita.
   Ct. App. Okla. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Certiorari denied.


text:
    No. 91-575.
    Bhan v. NME Hospitals, Inc., et al.
   C. A. 9th Cir. Motion of American Association of Nurse Anesthetists for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 91-583.
    Bosworth et al. v. Leathers, Commissioner of Revenues of Arkansas, et al.
   Sup. Ct. Ark. Certiorari denied.

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


text:
    No. 91-5604.
    Irvin v. Kentucky.
   Ct. App. Ky. Certiorari denied.

Justice White would grant certiorari.


author: Justice Blackmun,

text:
    No. 91-5655.
    O’Dell v. Thompson, Warden, et al.
   Sup. Ct. Va. Certiorari denied.

Opinion of

Justice Blackmun,

with whom Justice Stevens and Justice O’Connor join,

respecting the denial of the petition for writ of certiorari.

This is a capital case. Since the present Term began on October 7, 1991, the Court has considered 102 capital petitions, each seeking review of a decision of a State’s highest court. Even if practical considerations did not preclude review on the merits of all such petitions, another consideration often argues against granting certiorari: In many of these cases, a federal habeas proceeding is necessary to develop further the petitioner’s claims, both factually and legally. This is one such case. Because I believe the evidence raises serious questions about whether petitioner was guilty of the charged crime or was capable of representing himself, I write to underscore the importance of affording petitioner meaningful federal habeas review.

On February 5, 1985, a woman was murdered in a field behind the After Midnight Club in Virginia Beach, Va. Petitioner O’Dell had been at that bar during the evening. There was no evidence that he previously had known the woman or that they had spoken or departed together. O’Dell left the bar some time after the victim did and went to another bar where he got into a fight. The following day, O’Dell arrived at his former girlfriend’s house. Thereafter, the former girlfriend found bloodstained clothing in her garage and turned it over to the police. O’Dell was charged with murder.

Shortly before the trial, the court excused O’Dell’s public defender because of an unspecified conflict. A new attorney was appointed, but O’Dell sought permission to proceed pro se after the attorney acquiesced in the Commonwealth’s motion to have O’Dell examined by a court-appointed psychiatrist. Following his examination by a local psychiatrist, the court found O’Dell competent to proceed pro se and ordered the attorney to act as standby counsel. Several times during the trial, the judge commented on O’Dell’s inability to “emotionally control” himself, see, e. g., 22 Tr. 44, and on one occasion informed O’Dell that his outbursts “concern me as to whether you are in fact in need of a reevaluation.” 23 Tr. 21. Despite entreaties by standby counsel, the court refused to order a reevaluation.

The Commonwealth’s evidence at trial consisted of tire tracks that were “similar” to those left by petitioner’s car, blood tests, and testimony by a fellow inmate that O’Dell had confessed to committing the murder. The court refused O’Dell’s request for a hearing on the reliability of the blood tests and allowed the technician to opine that the blood samples taken from O’Dell’s shirt and jacket were consistent with samples taken from the victim. The court also denied O’Dell’s proffer of evidence that the informant had offered to manufacture evidence in other trials as a means of avoiding prison terms. O’Dell was convicted and sentenced to death. The conviction and sentence were upheld on appeal.

O’Dell continued to maintain his innocence during state habeas proceedings. He introduced the results of DNA testing that demonstrated that the blood found on his shirt either was not the victim’s or could not reliably be linked to the victim. O’Dell also argued that the trial court erred in allowing him to represent himself, given his history of mental illness and his behavior at trial. See Faretta v. California, 422 U. S. 806 (1975); Drope v. Missouri, 420 U. S. 162, 181 (1975). The Virginia Circuit Court denied state habeas relief, specifically holding that the fact that current testing methods would have produced a different result does not justify the issuance of a writ of habeas corpus. The state court also ruled that O’Dell had been competent to represent himself.

Following the denial of state habeas relief by the Virginia Circuit Court, O’Dell filed a timely notice of appeal with the Virginia Supreme Court. Having interpreted the relevant subsection of the Virginia Code as providing for an appeal as of right, O’Dell’s counsel then filed timely assignments of error. On March 6, 1991, a week after the filing deadline, the Deputy Clerk of the Virginia Supreme Court and the attorney for the Commonwealth informed petitioner’s counsel that, in their opinion, O’Dell did not have an appeal as of right and thus O’Dell also needed to file a petition for appeal. At the same time, the Commonwealth’s attorney allegedly informed petitioner’s counsel that he would not oppose O’Dell’s supplementation of his filings with the additional document. Two days later, however, when O’Dell filed a motion to perfect his appeal, the Commonwealth opposed the motion. On March 15, O’Dell filed his petition for appeal. On April 1, the Virginia Supreme Court denied O’Dell’s motion and rejected his appeal. The Commonwealth now argues that the Virginia Supreme Court’s rejection of O’Dell’s appeal bars review of the merits of the federal questions raised by O’Dell in the Commonwealth’s courts.

The Virginia Supreme Court’s dismissal of O’Dell’s habeas petition should not deprive a federal habeas court of jurisdiction. Under Ake v. Oklahoma, 470 U. S. 68, 74-75 (1985), the Virginia Supreme Court’s rejection may not be based on an independent state ground because Tharp v. Commonwealth, 211 Va. 1, 175 S. E. 2d 277 (1970), requires the Virginia Supreme Court to consider whether a constitutional right was abridged before denying an extension of time for filing a petition for appeal. The Virginia Supreme Court’s rejection of O’Dell’s appeal may also be an inadequate state ground. In James v. Kentucky, 466 U. S. 341 (1984), this Court held that only firmly established state procedural rules interpose a bar to the adjudication of federal constitutional claims. The ambiguity of the Virginia statute, Va. Code Ann. § 17-116.05:1B (1988), as to whether capital appeals are discretionary or as of right may preclude its use as a procedural bar. See also Ford v. Georgia, 498 U. S. 411 (1991) (state practice must be firmly established and regularly followed in order to prevent subsequent review by this Court); NAACP v. Alabama ex rel. Flowers, 377 U. S. 288, 297 (1964) (application of procedural rule was pointless, severe, and consequently inadequate as jurisdictional bar to review).

Finally, federal review of O'Dell's claims is possible if it is necessary to prevent a fundamental miscarriage of justice, see Coleman v. Thompson, 501 U. S. 722, 757 (1991), or if the constitutional violation caused the conviction of an innocent person. See McCleskey v. Zant, 499 U. S. 467, 502 (1991).

In short, there are serious questions as to whether O’Dell committed the crime or was capable of representing himself — questions rendered all the more serious by the fact that O’Dell’s life depends upon their answers. Because of the gross injustice that would result if an innocent man were sentenced to death, O’Dell’s substantial federal claims can, and should, receive careful consideration from the federal court with habeas corpus jurisdiction over the case.

       O’Dell previously had been diagnosed as a paranoid schizophrenic and had engaged in erratic behavior prior to trial.

       Subsequent to O’Dell’s trial, the informant was given three years’ probation on a breaking and entering charge, despite contrary assurances by the prosecution to petitioner’s counsel and the court.

       Petitioner raised a number of other substantial federal claims, including a challenge to remarks made in the prosecutor’s closing argument that petitioner previously had violated his parole. Standby counsel had complained to the trial court that the argument was made in such a way as to convince the jury that it had only two options: either sentence petitioner to death or turn him loose on the streets to kill again. In fact, petitioner could receive only the death sentence or life without parole. The trial court refused petitioner’s request for a curative instruction or a chance to rebut the prosecutor’s misleading statements. In his state habeas proceedings, petitioner argued ' that the trial court had violated Gardner v. Florida, 430 U. S. 349 (1977), which held that a defendant is denied due process of law when his death sentence is imposed, at least in part, on the basis of information that he had no opportunity to deny or explain. The Virginia Circuit Court held that this challenge was barred by res judicata under Hawks v. Cox, 211 Va. 91, 175 S. E. 2d 271 (1970).

       A Virginia statute provides that a habeas decision in a capital case is appealable directly to the Virginia Supreme Court. See Va. Code Ann. § 17-116.05:1(B) (1988); Hill v. Commonwealth, 8 Va. App. 60, 69, 379 S. E. 2d 134, 139 (1989). The wording of this statute — “appeals lie directly to the Supreme Court” — suggests an appeal as of right, rather than a discretionary petition for appeal. The other categories of cases listed in this subsection require the filing of assignments of error, not a petition for appeal.

       While this Court rejected a similar argument in Coleman v. Thompson, 501 U. S. 722, 742 (1991), this case may be distinguishable. Coleman dealt with an untimely notice of appeal, not an untimely petition for appeal. Since the notice and assignments were timely, the Commonwealth was not unaware of petitioner’s arguments, as it arguably was in Coleman. The Commonwealth’s initial willingness to extend petitioner’s time to perfect his appeal provides additional evidence that Virginia can waive the untimeliness rule when fundamental constitutional issues are at stake.

       As has been noted, see n. 4, supra, the wording of this statute — “appeals lie directly to the Supreme Court” — suggests an appeal as of right, rather than a discretionary petition for appeal. According to petitioner’s counsel, even the Clerk’s office and the Commonwealth’s attorney were uncertain as to whether petitioner was entitled to an appeal as of right.


text:
    No. 91-5852.
    Martin v. Knox et al.
   C. A. 3d Cir. Certiorari denied.

Opinion of

Justice Stevens,

with whom Justice Blackmun joins,

respecting the denial of the petition for writ of certiorari.

On November 4, 1991, the Court applied its recently amended Rule 39.8 to eight petitions filed by James L. Martin. Instead of simply denying those certiorari petitions on the ground that they lacked merit, the Court denied Martin leave to proceed informa pauperis on the ground that the petitions were repetitive and frivolous. Zatko v. California, ante, p. 16. I dissented from that action, in part, because drawing distinctions between those petitions that are frivolous and those that are merely meritless is a wasteful use of this Court’s resources. The Court should simply deny certiorari once a determination is made that the petition lacks merit; there is no reason for the Court to make an additional inquiry into whether the petition is frivolous and thus the motion for leave to proceed in forma pauperis should be denied instead. The point is illustrated by the Court’s correct disposition of this petition filed by Martin.

The petition is not frivolous because it raises a question on which the Courts of Appeals are in conflict. Compare In re Beard, 811 F. 2d 818, 827 (CA4 1987) (district judge’s failure to disqualify himself can be reviewed by a petition for writ of mandamus); Union Carbide Corp. v. U. S. Cutting Service, Inc., 782 F. 2d 710, 713 (CA7 1986) (same), with Pittsburgh v. Simmons, 729 F. 2d 953, 954 (CA3 1984) (judge’s failure to recuse himself is reviewable only after final judgment); Cleveland v. Krupansky, 619 F. 2d 576, 578 (CA6) (same), cert. denied, 449 U. S. 834 (1980). Accordingly, it would be inappropriate to invoke Rule 39.8 and deny Martin’s motion for leave to proceed in forma pauperis. I nevertheless agree that it is proper to deny the certiorari petition because it appears that the underlying recusal motion has no merit.


text:
    No. 90-1649.
    No. 90-1670.
    No. 90-1674.
    No. 90-1740.
    No. 90-1771.
    No. 90-1857.
    No. 90-1945.
    No. 90-7054.
    No. 90-7781.
    No. 90-8059.
    No. 90-8083.
    No. 90-8281.
    No. 90-8295.
    No. 90-8324.
    No. 90-8405.
    No. 90-8417.
    No. 90-8471.
    No. 90-8480.
    No. 91-41.
    No. 91-66.
    No. 91-116.
    No. 91-160.
    Rojas v. Alexander’s Department Store, Inc., Connors et al. v. United States, Denenburg et ux. v. United States, Safir v. Nickerson, Judge, United States District Court for the Eastern District of New York, City of Henderson et al. v. United States District Court for the District of Nevada (Nevada Entertainment Industries, Inc., et al., Real Parties in Interest), City of Yonkers, New York v. United States et al. (two cases), King v. Board of Regents of the University of Georgia et al., Eaton v. Virginia, Twitty v. Maass, Superintendent, Oregon State Penitentiary, Sanders v. Kentucky, Anderson v. ALCOA et al., Brown v. Lungren, Attorney General of California, Kelly v. California, Morris et al. v. Donrey of Nevada, Inc., et al., Zettlemoyer v. Fulcomer, Superintendent, State Correctional Institution at Huntingdon, et al., In re Searcy, Cummings v. United States, Ebker v. Tan Jay International et al., Gargallo v. Gargallo, Stephens v. Alabama, Carroll et al. v. United States, First Federal Savings Bank & Trust et al. v. Director, Office of Thrift Supervision, et al., Centennial et al. v. Placer Dome U. S., Inc., Dhaliwal v. Woods Division, Hesston Corp., et al., In re Peernock, McCulley v. United States, A’Giza v. San Bernardino West Side Community Development Corp. et al., Parks v. Saffle, Warden, Serna v. Arizona, Laws v. North Carolina, Edwards v. Equal Employment Opportunity Commission et al., Crawford v. Michigan, Mason v. California, McKenzie v. District of Columbia Rental Housing Commission, Ferdik v. Richardson et al., Pyle v. City of Tucson et al., Gilreath v. Zant, Warden, Alexander v. Missouri State Board of Law Examiners, Prince v. Virginia Department of Medical Assistance Services, Purvin v. Bergens et al., Kleinschmidt v. Finley, Kumble, Wagner, Heine, Underberg, Manley, Meyerson & Casey, P. A., et al., Forte v. Massachusetts, Jarvi v. Noble et al., Johnson v. Collins, Director, Texas Department of Criminal Justice, Institutional Division, In re Knowles, Jarvi v. United States et al., Sueing v. Brown et al.,
   ante, p. 809;

ante, p. 899;

ante, p. 809;

ante, p. 811;

ante, p. 812;

ante, p. 816;

ante, p. 821;

ante, p. 824;

ante, p. 827;

ante, p. 831;

ante, p. 832;

ante, p. 841;

ante, p. 842;

ante, p. 844;

ante, p. 902;

ante, p. 806;

ante, p. 852;

ante, p. 853;

ante, p. 857;

ante, p. 859;

ante, p. 862;

ante, p. 864;

No. 91-174.

No. 91-223.

No. 91-5042.

No. 91-5046.

No. 91-5066.

No. 91-5090.

No. 91-5096.

No. 91-5115.

No. 91-5170.

No. 91-5171.

No. 91-5178.

No. 91-5190.

No. 91-5235.

No. 91-5237.

No. 91-5294.

No. 91-5301.

No. 91-5391.

No. 91-5392.

No. 91-5404.

No. 91-5432.

No. 91-5458.

No. 91-5498.

No. 91-5557.

No. 91-5562.

No. 91-5616.

ante, p. 864;

ante, p. 867;

ante, p. 806;

ante, p. 872;

ante, p. 873;

ante, p. 874;

ante, p. 875;

ante, p. 876;

ante, p. 911;

ante, p. 879;

ante, p. 879;

ante, p. 880;

ante, p. 882;

ante, p. 882;

ante, p. 885;

ante, p. 885;

ante, p. 890;

ante, p. 890;

ante, p. 891;

ante, p. 893;

ante, p. 913;

ante, p. 895;

ante, p. 806;

ante, p. 914; and

ante, p. 926. Petitions for rehearing denied.

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


text:
    No. 90-1776.
    Chambers v. Southwestern Bell Telephone Co.
   ante, p. 900. Petition for rehearing denied.

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


text:
    No. 90-7134.
    Stankewitz v. California,
   499 U. S. 954. Motion for leave to file petition for rehearing denied.

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


text:
    December 9, 1991
    No. -.
    Borre v. United States.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. A-372.
    Vasquez, Warden v. Harris.
   Application to vacate the order of the United States Court of Appeals for the Ninth Circuit granting a stay of mandate, presented to Justice O’Connor, and by her referred to the Court, denied.


text:
    No. 90-1745.
    United States v. Wilson.
   C. A. 6th Cir. [Cer-tiorari granted, ante, p. 807.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 90-1846.
    Denton, Director of Corrections of California, et al. v. Hernandez.
   C. A. 9th Cir. [Certiorari granted, ante, p. 937.] Motion of petitioners to dispense with printing the joint appendix granted.


text:
    No. 90-1859.
    Keeney, Superintendent, Oregon State Penitentiary v. Tamayo-Reyes.
   C. A. 9th Cir. [Certiorari granted, ante, p. 807.] Motion of Criminal Justice Legal Foundation for leave to file a brief as amicus curiae granted.


text:
    No. 91-142.
    No. 91-349.
    No. 91-356.
    No. 91-610.
    Tidewater Marine Service, Inc., et al. v. Aubry et al. Pacific Merchant Shipping Assn. et al. v. Aubry, Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations of California. Mead Corp. v. Tilley et al. Local 144 Nursing Home Pension Fund et al. v. Demisay et al.
   C. A. 9th Cir.;

C. A. 9th Cir.;

C. A. 4th Cir.; and

C. A. 2d Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 91-5450.
    Hitchcock v. Florida,
   ante, p. 912. Respondent is requested to file a response to the petition for. rehearing within 30 days.


text:
    No. 91-6109.
    Gilbertson v. Graham et al.
   Dist. Ct. App. Fla., 4th Dist. Motion of petitioner for leave to proceed informa pauperis denied. Petitioner is allowed until December 30, 1991, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.


text:
    No. 91-6391.
    No. 91-6423.
    In re Estes; and In re Reardon.
   Petitions for writs of habeas corpus denied.


text:
    No. 91-6127.
    In re Jersimski.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 91-17.
    Estate of Cowart v. Nicklos Drilling Co. et al.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 91-535.
    Burdick v. Takushi, Director of Elections of Hawaii, et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 91-5771.
    Wade v. United States.
   C. A. 4th Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted.


text:
    No. 91-323.
    Feldman et al. v. California.
   App. Dept., Super. Ct. Cal., Orange County. Certiorari denied.


text:
    No. 91-357.
    Louisiana v. Bruce.
   Ct. App. La., 1st Cir. Certiorari denied.


text:
    No. 91-437.
    Smalls v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 91-444.
    Livingston Care Centers, Inc., et al. v. United States et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-455.
    Crude Co. v. Department of Energy et al.
   Temp. Emerg. Ct. App. Certiorari denied.


text:
    No. 91-458.
    Riverside Market Limited Partnership et al. v. Prescott.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-464.
    Teamsters Local No. 71 v. Walker et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-473.
    Gulf States Utilities Co. v. Louisiana Public Service Commission et al.
   Sup. Ct. La. Certiorari denied.


text:
    No. 91-479.
    Massachusetts v. Reopell.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-491.
    Consolidated Freightways, Inc. v. Walker et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-501.
    Aponte, Mayor of the Municipality of Carolina, et al. v. Hiraldo-Cancel et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 91-579.
    Min-chuan Ku v. Commissioner of Internal Revenue.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-624.
    Alexander v. Los Angeles County et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-625.
    E-V Co. et al. v. Urban Redevelopment Authority of Pittsburgh.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 91-632.
    Millspaugh et al. v. County Department of Public Welfare of Wabash County et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-634.
    Independent Nursing Home Assn. et al. v. Smith, Director, Mississippi Division of Medicaid in the Office of the Governor, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-641.
    Fenn et al. v. Alfadda et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-643.
    Bryant v. Brooklyn Barbecue Corp. et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-645.
    Buchanan v. First Gibraltar Bank, FSB.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-646.
    Investacorp, Inc. v. Arabian Investment Banking Corp. (Investcorp) E. C., dba Investcorp, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-647.
    Askew et al., dba T & T Production Co. v. Chiles et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-649.
    Greene et al. v. Town of Blooming Grove et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-654.
    Cafaro v. New York.
   App. Term, Sup. Ct. N. Y., 9th and 10th Jud. Dists. Certiorari denied.


text:
    No. 91-660.
    Downtown Auto Parks, Inc. v. City of Milwaukee et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-663.
    Clark v. Clark, Executor of the Estate of Clark.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 91-665.
    Gelb v. United States et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-673.
    Block, Sheriff of Los Angeles County, et al. v. Bouman.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-696.
    Wilson v. Security Insurance Co.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 91-738.
    Schaltenbrand v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-5093.
    Reed v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-5623.
    Beringer v. Peters, Director, Illinois Department of Corrections, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-5776.
    Rodrigo v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5810.
    Williams v. United States Postal Service et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5884.
    Towe v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5987.
    Vinson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6005.
    Perez v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6096.
    Pantoja v. Clerk of Common Pleas Court.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6099.
    Burton, aka Johnson v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6100.
    Dailey v. Kemna, Superintendent, Western Missouri Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6103.
    Gibbs v. Hofbauer et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6106.
    Hansborough v. Indiana University Bloomington Board of Trustees.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6112.
    Augustus v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 91-6123.
    Brewster (Johnson) v. Board of Review.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 91-6129.
    Dowling v. Kamber et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6130.
    Lord v. Attorney General of New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6136.
    Byers v. Armontrout, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6138.
    Murray v. Department of Health and Rehabilitative Services.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 91-6146.
    Shumate v. Signet Bank.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6149.
    Seaton-El v. Fitzner et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6152.
    Felton v. Barnett, Superintendent, Eastern Correctional Institution, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6153.
    Turner v. McCarthy et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6155.
    Smith v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6156.
    Howard v. Whitley, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6158.
    Joyce v. Walker et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 91-6162.
    Parrott v. Sowders, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6167.
    Burnley v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6168.
    Davis v. Harris, Superintendent, Greene Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6169.
    Baker v. Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick, Attorneys at Law, P. C.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6183.
    Perry v. United States Postal Service.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-6265.
    Allgood v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6280.
    Kutnyak v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6298.
    Hall v. Jabe, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6303.
    Johnson v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6311.
    Tyler v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6317.
    King v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6323.
    Cohnerley v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6332.
    Bender v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6347.
    Perez Bustillo v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6353.
    King v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6357.
    Gilkey v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6359.
    Brown v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6387.
    Larette v. Delo, Superintendent, Potosi Correctional Center.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 91-401.
    Holtzman v. Grievance Committee for the Tenth Judicial District.
   Ct. App. N. Y. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-429.
    In re Westfall.
   Sup. Ct. Mo. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-5827.
    Mahecha Onofre v. United States.
   C. A. 1st Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 91-474.
    Martin v. Sullivan, Secretary of Health and Human Services.
   C. A. 9th Cir. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Certiorari denied.


text:
    No. 91-633.
    Principal Financial Group, aka Principal Mutual Life Insurance Co. v. Thomas.
   Sup. Ct. Ala. Motion of American Council of Life Insurance et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 91-5835.
    Reidt v. Department of Veterans Affairs,
   ante, p. 948. Petition for rehearing denied.


text:
    No. 90-1983.
    No. 90-8318.
    No. 90-8475.
    No. 90-8508.
    No. 91-44.
    No. 91-181.
    No. 91-5005.
    No. 91-5249.
    No. 91-5489.
    Payne v. United States; and Medrano-Perez v. United States, Williams v. Foltz, Warden, Gallego v. California, Brown v. Georgia, Radloff et ux. v. First American National Bank of St. Cloud, N. A., et al., Agro Science Co. et al. v. Commissioner of Internal Revenue, Jordan et al. v. Thomas, Warden, Hamilton v. Kestell, Pogue & Gould et al., Watt v. Keane, Superintendent, Sing Sing Correctional Facility, et al., Williams v. Chavis, Warden, et al., Ledet v. Lynn et al., York v. United States, Nasim v. United States, Morris et ux. v. Carlton, Schlosser v. Internal Revenue Service,
   ante, p. 824;

ante, p. 844;

ante, p. 924;

ante, p. 906;

ante, p. 858;

ante, p. 907;

ante, p. 926;

ante, p. 883;

ante, p. 913;

No. 91-5521.

No. 91-5564.

No. 91-5632.

No. 91-5660.

No. 91-5716.

No. 91-5720.

ante, p. 914;

ante, p. 914;

ante, p. 916;

ante, p. 916;

ante, p. 917; and

ante, p. 918. Petitions for rehearing denied.

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


text:
    December 16, 1991
    No. A-350.
    Taylor v. United States.
   Application for bond pending appeal, addressed to Justice Scalia and referred to the Court, denied.


text:
    No. D-1042.
    In re Disbarment of McLellan.
    [For earlier order herein, see ante, p. 923.]
   Disbarment entered.


text:
    No. D-1059.
    In re Disbarment of Marquardt.
   It is ordered that Philip Walter Marquardt, of Phoenix, Ariz., 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-1060.
    In re Disbarment of Blumenfeld.
   It is ordered that Todd Eric Blumenfeld, of Philadelphia, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-1061.
    In re Disbarment of Waldron.
   It is ordered that Kenneth L. Waldron, of Jackson, Mo., 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-1062.
    In re Disbarment of Tavolacci.
   It is ordered that Peter P. Tavolacci, of Carmel, 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-1063.
    In re Disbarment of Weiss.
   It is ordered that Paul A. Weiss, of Garden City, 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-1064.
    In re Disbarment of Solomon.
   It is ordered that Norman F. Solomon, of Miami, 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. 118,
    Orig.
    United States v. Alaska.
    [For earlier order herein, see, e. g., 501 U. S. 1275.]
   Motion of Alabama et al. for leave to file a brief as amici curiae granted. Cross-motions for summary judgment set for oral argument in due course.


text:
    No. 90-1419.
    No. 90-1769.
    National Railroad Passenger Corporation et al. v. Boston & Maine Corp. et al.; and Interstate Commerce Commission et al. v. Boston & Maine Corp. et al.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 807.] Motion of the Solicitor General for divided argument denied.

Justice Blackmun would grant this motion.


text:
    No. 90-1802.
    Nationwide Mutual Insurance Co. et al. v. Darden.
   C. A. 4th Cir. [Certiorari granted, ante, p. 905.] Motion of National Association of Independent Insurers for leave to file a brief as amicus curiae granted. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 90-1832.
    No. 91-9.
    Pestrak v. Ohio Elections Commission et al.; and Ohio Elections Commission et al. v. Pestrak.
   C. A. 6th Cir. Motion of the parties to further defer consideration of petitions for writs of certiorari granted.


text:
    No. 90-6616.
    Stringer v. Black, Commissioner, Mississippi Department of Corrections, et al.
   C. A. 5th Cir. [Certio-rari granted, 500 U. S. 915.] Motion for appointment of counsel granted, and it is ordered that Kenneth J. Rose, Esq., of Durham, N. C., be appointed to serve as counsel for petitioner in this case.


text:
    No. 91-594.
    American National Red Cross v. S. G. et al.
   C. A. 1st Cir. [Certiorari granted, ante, p. 976.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 91-680.
    No. 91-681.
    No. 91-6255.
    Fairway Spring Co., Inc., et al. v. Sovran Bank/Maryland. Chemung Canal Trust Co., as Trustee of the Fairway Spring Co., Inc., Restated Pension Plan v. Sovran Bank/Maryland. Siggers et al. v. Tunica County Board of Supervisors et al.
   C. A. 2d Cir.;

C. A. 2d Cir.; and

Appeal from D. C. N. D. Miss. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 91-702.
    In re Houck.
   Petition for writ of mandamus denied.


text:
    No. 91-860.
    United States Department of Commerce et al. v. Montana et al.
   Appeal from D. C. Mont. Probable jurisdiction noted. Motion of appellees for expedited briefing schedule and oral argument granted. Opening brief for appellants is to be filed with the Clerk on or before January 15, 1992. Brief for appellees is to be filed with the Clerk on or before February 12, 1992. Reply brief for appellants is to be filed with the Clerk on or before February 21, 1992. Case set for oral argument during the session beginning February 24, 1992.


text:
    No. 90-1676.
    Gade, Director, Illinois Environmental Protection Agency v. National Solid Wastes Management Assn.
   C. A. 7th Cir. Certiorari granted.


text:
    No. 91-542.
    Wright, Warden, et al. v. West.
   C. A. 4th Cir. Motion of respondent for leave to proceed in forma pau- peris granted. Certiorari granted.


text:
    No. 91-424.
    Hilliard v. City and County of Denver et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-616.
    No. 91-635.
    Diller v. Selvin & Weiner et al.; and Diller v. Selvin & Weiner.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 91-671.
    Sanders et al. v. City of Brady, Texas.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-672.
    New York City Health & Hospitals Corporation et al. v. Ezekwo.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-675.
    Sagan v. Disciplinary Counsel.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 91-677.
    Simon v. Simon et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-679.
    T. Harris Young & Associates, Inc. v. Marquette Electronics, Inc.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-682.
    Spectronics Corp. v. H. B. Fuller Co., Inc., et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 91-684.
    Stouder Memorial Hospital v. Christopher.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-686.
    Georgia v. Ashley.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 91-688.
    Aerovias Nacionales de Colombia, S. A., et al. v. Alvarez, Personal Representative of the Estate of Alvarez, Deceased, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-720.
    Trinsey v. Pennsylvania et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-729.
    Garziano et al. v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 91-735.
    Cohen v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-743.
    King v. Department of Education et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-757.
    B. E. Rock Corp., dba Rainbow v. National Labor Relations Board et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-782.
    Jenkins v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-5216.
    Cowart v. Puckett, Superintendent, Mississippi State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5363.
    Stanley v. Arizona.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 91-5371.
    Gonzalez v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-5441.
    Rosenthal v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 91-5577.
    Fernandez, aka Paulino v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-5608.
    Braden v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-5622.
    Adams v. Oklahoma et al.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 91-5668.
    Bartee v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 91-5777.
    Parkinson v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-5785.
    Wood v. Metropolitan Life Insurance Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-5866.
    Williams v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-5888.
    Johnson v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-5893.
    London v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-5936.
    Van Tassel v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-5968.
    Long v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6017.
    Shoup v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6085.
    West v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6093.
    Whitsel v. Nix, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6110.
    Dokes v. United States District Court for the Eastern District of Arkansas.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 91-6150.
    Hooper v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 91-6161.
    Green, aka Lancaster v. Deeds, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6174.
    Ladner v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 91-6178.
    Martin v. Knox et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6188.
    Human v. City of Santa Monica, California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 91-6190.
    Hartford v. Haskell, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6191.
    Dirden v. Whitley, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6200.
    Burkes v. Lyday et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 91-6204.
    Cooper v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 91-6208.
    Borysiak et al. v. Commissioner of Internal Revenue.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 91-6211.
    Bell v. City and County of Denver.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6213.
    Tilley v. Wells, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6227.
    Bullock v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 91-6230.
    Walker v. Walker et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 91-6273.
    Major v. Puckett, Superintendent, Mississippi State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 91-6301.
    Finchum v. Lewis et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6329.
    Egbert v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 91-6330.
    Geurin v. Department of Veterans Affairs.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6339.
    Williams v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 91-6346.
    Cooper v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 91-6350.
    White v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6369.
    Wilson v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 91-6393.
    Ingram v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 91-6399.
    Williams v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 91-6408.
    Bates v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 91-6450.
    Weeks v. Kentucky.
   Ct. App. Ky. Certiorari denied.


author: Justice Stevens, Justice Blackmun,

text:
    No. 90-7347.
    Smith v. United States.
   C. A. 4th Cir. Certiorari denied.

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

Opinion of

Justice Stevens,

respecting the denial of the petition for writ of certiorari.

For the reasons stated in Justice Blackmun’s dissenting opinion, there is no escape from the conclusion that the Court of Appeals committed error in this case. I write only to note that I find it difficult to articulate an acceptable theory of discretionary review that would explain both the Court’s denial of certiorari in this case and its summary reversal in Mireles v. Waco, ante, p. 9 (per curiam), and Hunter v. Bryant, ante, p. 224 (per curiam).

Justice Blackmun,

with whom Justice O’Connor and Justice Souter join,

dissenting.

Petitioner Roy Smith claims that the Court of Appeals for the Fourth Circuit reviewed his conviction in a manner inconsistent with this Court’s precedents on the application of harmless-error analysis. I agree. I would grant the petition, summarily vacate the judgment, and remand the case to the Court of Appeals.

Petitioner and a codefendant, Slade Miller, were tried jointly for federal murder and conspiracy to commit murder, in violation of 18 U. S. C. §§ 1111 and 1117, on charges arising from the killing of a fellow inmate at Lorton Reformatory in Virginia. The Government’s case relied in significant part on the testimony of Cornell Warren, another co-conspirator who had entered into a cooperating plea agreement. Warren established the link between Smith and Miller and introduced statements by still another co-conspirator (who did not testify) that Smith had obtained shanks (prison-made knives) in preparation for the killing. Warren also testified that Smith had used a shank to stab the victim. Other witnesses testified that Miller stabbed the victim, while Smith restrained the only guard in the room.

On cross-examination, the court pre-empted defense counsel’s attempt to question Warren about his possible incentives for testifying as a Government witness. In response to the judge’s questioning, Warren gave contradictory testimony as to whether or not his lawyer had told him that he would probably receive a lesser sentence by pleading guilty than if he were tried and convicted. Over defense counsel’s objections, the court then refused to permit further questions. The jury convicted Smith of conspiracy to commit murder and second-degree murder.

Smith appealed, asserting that the court had violated his rights under the Confrontation Clause of the Sixth Amendment by denying him the ability to show bias or self-interest in the witness. For purposes of the appeal, the Court of Appeals assumed that constitutional error was committed and that reversal was required unless the error could be found to be harmless beyond a reasonable doubt.

In reviewing the Government’s evidence against Smith, the Court of Appeals explained that it was “[essentially discounting Warren’s testimony except as it is corroborated by other evidence, and considering all that remains in the light most favorable to the government. . . .” See United States v. Smith, No. 89-5475 (CA4, Dec. 10, 1990), App. to Pet. for Cert. 12, affirmance order, 919 F. 2d 734. The court found that this evidence, “obviously sufficient to convict if believed,” was contradicted only by “Smith’s facially implausible testimony that he held the guard only to protect him.” App. to Pet. for Cert. 13. Accordingly, the Court of Appeals held that any error in restricting Smith’s impeachment of Warren was harmless beyond a reasonable doubt.

As we made clear in Satterwhite v. Texas, 486 U. S. 249 (1988), the question “is not whether the legally admitted evidence was sufficient to support” the verdict; rather, the question is “whether the [prosecution] has proved ‘beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.’” Id., at 258-259, quoting Chapman v. California, 386 U. S. 18, 24 (1967). In short, the adequacy of the legally admitted evidence is only one of the factors to be considered in determining the influence that the error had upon the jury. See, e.g., Arizona v. Fulminante, 499 U. S. 279, 297-300 (1991) (focusing on the contribution of the coerced confession); Satterwhite, 486 U. S., at 259-260 (focusing on the contribution of testimony on future dangerousness).

In my view, the Court of Appeals misapplied harmless-error analysis in two respects. First, it gave only cursory consideration to how the error contributed to the verdict, summarily stating that Warren’s testimony, “though undoubtedly helpful to the prosecution because he was a charged co-conspirator, was to a large extent either cumulative or generally corroborated by other testimony.” App. to Pet. for Cert. 13. Rather, the Court of Appeals relied on its conclusion that the legally admitted evidence was “obviously sufficient to convict if believed.”- Ibid. The Court of Appeals’ focus on the adequacy of the legally admitted evidence was error.

The Court of Appeals then compounded this error by considering the legally admitted evidence “in the light most favorable to the government.” Id., at 12. We have consistently held since Chapman that constitutional error “easts on someone other than the person prejudiced by it a burden to show that it was harmless.” 386 U. S., at 24. See also Fulminante, 499 U. S., at 296 (prosecution has burden of demonstrating that admission of confession did not contribute to conviction); Satterwhite, 486 U. S., at 258-259. The Court of Appeals’ review of the evidence in the light most favorable to the Government improperly shifted the burden to Smith.

In sum, focusing on the legally admitted evidence in the light most favorable to the Government “preserves” the factfinder’s weighing of the evidence. Such preservation is desirable when the reviewing court is examining the legal sufficiency of the evidence. See Jackson v. Virginia, 443 U. S. 307, 319 (1979). Once the reviewing court has identified a constitutional error, however, it should not preserve the factfinder’s tainted deliberation — it should dissect it. The reviewing court then must require “the beneficiary of a constitutional error to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” Chapman, 386 U. S., at 24. Because the Court of Appeals’ unpublished opinion cannot be squared with our harmless-error precedents, I would vacate the judgment and direct the Court of Appeals to review the sentence under the proper standard.

       The fact that the Court of Appeals’ opinion is unpublished is irrelevant. Nonpublication must not be a convenient means to prevent review. An unpublished opinion may have a lingering effect in the Circuit and surely is as important to the parties concerned as is a published opinion.