text:
    October 17, 1990
    No. 90-5958 (A-294).
    Evans v. Muncy, Warden, et al.
   C. A. 4th Cir. Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied. Certiorari denied.

Justice Marshall,

dissenting.

This Court’s approval of the death penalty has turned on the premise that given sufficient procedural safeguards the death penalty may be administered fairly and reliably. E. g., Gregg v. Georgia, 428 U. S. 153, 195-196, and n. 47 (1976) (joint opinion of Stewart, Powell, and Stevens, JJ.). Wilbert Evans’ plea to be spared from execution demonstrates the fallacy of this assumption. Notwithstanding the panoply of procedural protections afforded Evans by this Court’s capital jurisprudence, Evans today faces an imminent execution that even the State of Virginia appears to concede is indefensible in light of the undisputed facts proffered by Evans. Because an execution under these circumstances highlights the inherently cruel and unusual character of capital punishment, I dissent.

I

Evans was convicted of capital murder and sentenced to death. At the sentencing phase, the jury’s verdict was predicated on a single aggravating circumstance: that if allowed to live Evans would pose a serious threat of future danger to society. See Va. Code § 19.2-264.4(0 (1990). Without this finding, Evans could not have been sentenced to death. See e. g., Furman v. Georgia, 408 U. S. 238, 313 (1972) (White, J., concurring) (existence of aggravating circumstance “distinguishing the few cases in which [the death penalty] is imposed” from those in which it is not is a constitutional prerequisite to death sentence); Gregg v. Georgia, supra, at 188-189 (same).

While Evans was on death row at the Mecklenberg Correctional Facility, an event occurred that casts grave doubt on the jury’s prediction of Evans’ future dangerousness. On May 31, 1984, six death row inmates at Mecklenberg attempted to engineer an escape. Armed with makeshift knives, these inmates took hostage 12 prison guards and 2 female nurses. The guards were stripped of their clothes and weapons, bound, and blindfolded. The nurses also were stripped of their clothes, and one was bound to an inmate’s bed.

According to uncontested affidavits presented by guards taken hostage during the uprising, Evans took decisive steps to calm the riot, saving the lives of several hostages, and preventing the rape of one of the nurses. For instance, Officer Ricardo Holmes, who was bound by the escaping inmates and forced into a closet with other hostages, states that he heard Evans imploring to the escaping inmates, “‘Don’t hurt anybody and everything will be allright.’” Officer Holmes continues:

“It was very clear to me that [Evans] was trying to keep [the escaping inmates] calm and prevent them from getting out of control.... Based upon what I saw and heard, it is my firm opinion that if any of the escaping inmates had tried to harm us, Evans would have come to our aid. It is my belief that had it not been for Evans, I might not be here today.” See Pet. for Cert., Exh. 14.

Other guards taken hostage during the uprising verify Officer Holmes’ judgment that Evans protected them and the other hostages from danger. According to Officer Prince Thomas, Evans interceded to prevent the rape of Nurse Ethyl Barksdale by one of the escaping inmates. Id., Exh. 9. Officer Harold Crutchfield affirms that Evans’ appeals to the escapees not to harm anyone may have meant the difference between life and death for the hostages. “It is . . . my firm belief that if Evans had not been present during the escape, things may have blown up and people may have been harmed.” Id., Exh. 8. According to Officer Crutchfield, after the escapees had left the area in which they were holding the guards hostage, Evans tried to force open the closet door and free the guards — albeit unsuccessfully. Ibid. Officers Holmes, Thomas, and Crutchfield, and five other prison officials all attest that Evans’ conduct during the May 31, 1984, uprising was consistent with his exemplary behavior during his close to 10 years on death row. Id., Exhs. 8-15.

Evans filed a writ of habeas corpus and application for a stay of his execution before the United States District Court for the Eastern District of Virginia. He urged that the jury’s prediction of his future dangerousness be reexamined in light of his conduct during the Mecklenberg uprising. Evans proffered that these events would prove that the jury’s prediction was unsound and thereby invalidate the sole aggravating circumstance on which the jury based its death sentence. For this reason, Evans argued that his death sentence must be vacated. The District Court stayed the execution and ordered a hearing. Civ. No. 90-00559-R (ED Va., Oct. 13, 1990). The Court of Appeals reversed and vacated the stay. No. 90-4007 (CA4, Oct. 16, 1990) (per curiam).

II

Remarkably, the State of Virginia’s opposition to Evans’ application to stay the execution barely contests either Evans’ depiction of the relevant events or Evans’ conclusion that these events reveal the clear error of the jury’s prediction of Evans’ future dangerousness. In other words, the State concedes that the sole basis for Evans’ death sentence — future dangerousness — in fact does not exist.

The only ground asserted by the State for permitting Evans’ execution to go forward is its interest in procedural finality. According to the State, permitting a death row inmate to challenge a finding of future dangerousness by reference to facts occurring after the sentence will unleash an endless stream of litigation. Each instance of an inmate’s postsentencing nonviolent conduct, the State argues, will form the basis of a new attack upon a jury’s finding of future dangerousness, and with each new claim will come appeals and collateral attacks. By denying Evans’ application for a stay, this Court implicitly endorses the State’s conclusion that it is entitled to look the other way when late-arriving evidence upsets its determination that a particular defendant can lawfully be executed.

In my view, the Court’s decision to let Wilbert Evans be put to death is a compelling statement of the failure of this Court’s capital jurisprudence. This Court’s approach since Gregg v. Georgia has blithely assumed that strict procedures will satisfy the dictates of the Eighth Amendment’s ban on cruel and unusual punishment. As Wilbert Evans’ claim makes crystal clear, even the most exacting procedures are fallible. Just as the jury occasionally “gets it wrong” about whether a defendant charged with murder is innocent or guilty, so, too, can the jury “get it wrong” about whether a defendant convicted of murder is deserving of death, notwithstanding the exacting procedures imposed by the Eighth Amendment. The only difference between Wilbert Evans’ case and that of many other capital defendants is that the defect in Evans’ sentence has been made unmistakably clear for us even before his execution is to be carried out.

The State’s interest in “finality” is no answer to this flaw in the capital sentencing system. It may indeed be the case that a State cannot realistically accommodate postsentencing evidence casting doubt on a jury’s finding of future dangerousness; but it hardly follows from this that it is Wilbert Evans who should bear the burden of this procedural limitation. In other words, if it is impossible to construct a system capable of accommodating all evidence relevant to a man’s entitlement to be spared death — no matter when that evidence is disclosed — then it is the system, not the life of the man sentenced to death, that should be dispatched.

The indifferent shrug of the shoulders with which the Court answers the failure of its procedures in this case reveals the utter bankruptcy of its notion that a system of capital punishment can coexist with the Eighth Amendment. A death sentence that is dead wrong is no less so simply because its deficiency is not uncovered until the eleventh hour. A system of capital punishment that would permit Wilbert Evans’ execution notwithstanding as-to-now unrefuted evidence showing that death is an improper sentence is a system that cannot stand.

I would stay Wilbert Evans’ execution.

       Evans initially was sentenced to death in April 1981. At his first sentencing proceeding, the prosecutor proved Evans’ future dangerousness principally through reliance upon seven purported out-of-state convictions, two of which the prosecutor later admitted were false. Two years later, after having relied on these bogus convictions in its successful oppositions to both Evans’ direct appeal to the Virginia Supreme Court and his petition for a writ of certiorari to this Court, the State confessed error. Evans' death sentence was vacated, and he was granted a new sentencing hearing. See Evans v. Virginia, 471 U. S. 1025, 1026-1027 (1985) (MARSHALL, J., dissenting from denial of certiorari). In March 1984, Evans once again was sentenced to death. It is this second death sentence which he now seeks to stay.

       The affiant prison officials all attest that Evans played no role in instigating the riot.

      Equally remarkable is the sheer gall of the manner in which the State makes its feeble challenge. For six years, Evans’ counsel has tried to pry loose from the State copies of its investigative reports of the uprising. Counsel steadfastly has contended that these reports would support Evans’ account of the relevant events and thereby strengthen Evans’ claims for both legal relief and executive clemency. The State has refused to release its iron grip on these materials and to this moment has not made them available to him. See Pet. for Cert., Exh. 6.
      According to Evans’ counsel, late last evening he was contacted by counsel for Willie Lloyd Turner, another Virginia death row inmate involved in the Mecklenberg uprising. Notwithstanding its refusal to cooperate with Evans’ request for the investigative reports, the State, without protest, had provided these reports to Turner’s counsel. Upon learning of Evans’ impending execution, Turner’s counsel immediately delivered these materials to Evans’ counsel, see id., Exh. 17, and Evans has now been able to make them available to us, see id., Exh. 18.
      Now that Evans finally has possession of information the State has so deliberately denied him for six years, the State cites two isolated excerpts from a lengthy set of materials in a mean and deceitful attempt to belittle Evans’ claims. See App. to Brief in Opposition 1-2. A more honest and thorough review of these materials, which include numerous interviews with the hostages and reports of the State’s investigators, reveals that these materials in no way diminish Evans’ account of the relevant events.


source: Caselaw Access Project

license: Public Domain

text:
    October 25, 1990
    No. A-309.
    Norman et al. v. Reed et al.
   Application for stay, presented to Justice Stevens, and by him referred to the Court, granted to the extent that the August 29, 1990, decision of the Cook County Officers Electoral Board, No. 90COEB-2, is to remain in effect pending the timely filing and disposition of a petition for writ of certiorari.


author: Justice Stevens, Justice Marshall,

text:
    October 26, 1990
    No. A-280.
    Kyles v. Whitley, Warden.
   Application for stay of execution of sentence of death, presented to Justice Sc alia, and by him referred to the Court, denied.

Justice Blackmun would grant the application.

Justice Stevens,

concurring.

Unless there has been inexcusable delay on the part of the petitioner, I believe every person who has been sentenced to death should be given a fair opportunity to have his or her federal constitutional claims reviewed in a federal habeas corpus proceeding. In order to expedite that process, it might be appropriate to place a more practical construction on the requirement that state remedies must first be exhausted than the Court has been willing to accept, compare Rose v. Lundy, 455 U. S. 509 (1982), with id., at 522-531 (Blackmun, J., concurring in judgment), and id., at 545-550 (Stevens, J., dissenting). Under the Court’s current interpretation of the law, however, complete exhaustion of all state collateral remedies is an essential predicate for the commencement of federal habeas corpus proceedings.

The present application is from a state court’s denial of relief in a collateral proceeding. Because the scope of the State’s obligation to provide collateral review is shrouded in so much uncertainty, see Case v. Nebraska, 381 U. S. 336 (1965), this Court rarely grants review at this stage of the litigation even when the application for state collateral relief is supported by arguably meritorious federal constitutional claims. Instead, the Court usually deems federal habeas proceedings to be the more appropriate avenues for consideration of federal constitutional claims. See Huffman v. Florida, 435 U. S. 1014, 1017-1018 (1978) (Stevens, J., respecting denial of petition for certiorari). For that reason, I am persuaded that it is appropriate for this Court to deny this application for review of the State’s denial of collateral relief and thus to clear the way for the prompt initiation of federal habeas corpus proceedings. I assume that in such a proceeding the district court will routinely enter a stay of execution that will enable it to give full and deliberate consideration to the applicant’s constitutional claims. On review of the disposition of such an application by the district court and the court of appeals, I regularly vote to stay any scheduled execution in order to be sure that a death row inmate may have the same opportunity to have his or her federal claims considered by this Court as does any other applicant. The denial of the present application should not, therefore, be construed as having been predicated on a determination that there is no merit in the claims asserted in the state collateral review process.

Justice Marshall,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 231 (1976), I would grant the application for stay of execution in order to give the applicant time to file a petition for writ of certiorari and would grant the petition and vacate the death sentence in this case.


text:
    October 29, 1990
    No. 89-2007.
    Connecticut v. Hamilton.
   Sup. Ct. Conn. Motion of respondent for leave to proceed informa pauperis without an affidavit executed by respondent granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Horton v. California, 496 U. S. 128 (1990).


text:
    No. 90-237.
    Orscheln Brothers Truck Lines, Inc., et al. v. Zenith Electronics Corp., fka Zenith Radio Corp. et al.
   C. A. 7th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Maislin Industries, U. S., Inc. v. Primary Steel, Inc., 497 U. S. 116 (1990).


text:
    No.-.
    Boado v. Office of Personnel Management.
   Motion to direct the Clerk to file petition for writ of cer-tiorari out of time denied.


text:
    No.-.
    Villegas v. United States.
   Motion for leave to proceed in forma pauperis without an affidavit of indi-gency executed by petitioner granted.


text:
    No. A-231 (90-5825).
    Fazzini v. Henman et al.
   C. A. 10th Cir. Application for temporary restraining order, addressed to Justice Blackmun and referred to the Court, denied.


text:
    No. A-268 (90-555).
    Wood v. Alameda County Superior Court et al.
   Ct. App. Cal., 1st App. Dist. Application for stay of judgment, addressed to Justice Marshall and referred to the Court, denied.


text:
    No. A-300.
    Planned Parenthood Federation of America et al. v. Agency for International Development et al.
   Application for injunction, presented to Justice Marshall, and by him referred to the Court, denied.

Justice Stevens would grant the application.


author: Justice Blackmun.

text:
    No. 105,
    Orig.
    Kansas v. Colorado.
   Motion of the Special Master for interim fees and expenses granted, and the Special Master is awarded $75,973.75 for the period November 1, 1989, through September 16, 1990, to be paid by the parties as follows: 40 percent by Kansas, 40 percent by Colorado, and 20 percent by the United States.

[For earlier order herein, see, e. g., 493 U. S. 989.]

Justice Blackmun.

It seems to me that some aspects of the fees and expenses now requested by the Special Master come close — if they do not exceed — the limits of allowability. See the dissents in Louisiana v. Mississippi, 466 U. S. 921 and 923 (1984), and Texas v. New Mexico, 475 U. S. 1004 (1986). As was there pointed out, fees and expenses charged by a Special Master, when allowed by this Court, represent our assurance to the parties that the charges are reasonable and proper. A party’s consent to the allowance of fees and expenses does not absolve this Court of its duty to make that determination. With a distinct lack of enthusiasm for the Court’s present order allowing fees and expenses that appear to be escalating in this case as to both amounts and personnel, inasmuch as no party has noted an objection on this particular occasion, I do not yet formally dissent.


text:
    No. 108,
    Orig.
    Nebraska v. Wyoming et al.
    [For earlier order herein, see, e. g., 493 U. S. 973.]
   Fourth interim motion of the Special Master for compensation and reimbursement of expenses granted, and the Special Master is awarded $72,970.75 for the period October 1, 1989, through September 30, 1990, to be paid by the parties as follows: 40 percent by Nebraska, 40 percent by Wyoming, and 20 percent by the United States.


text:
    No. 89-1027.
    No. 89-1028.
    Norfolk & Western Railway Co. et al. v. American Train Dispatchers’ Assn. et al.; and CSX Transportation, Inc. v. Brotherhood of Railway Carmen et al.
   C. A. D. C. Cir. [Certiorari granted, 494 U. S. 1055.] Motion of the Acting Solicitor General for divided argument granted.


text:
    No. 89-1149.
    Grogan et al. v. Garner.
   C. A. 8th Cir. [Certiorari granted, 495 U. S. 918.] Motion of the Solicitor General for leave to permit Robert A. Long, Jr., Esq., to present oral argument pro hac vice denied.


text:
    No. 89-1322.
    Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe of Oklahoma.
   C. A. 10th Cir. [Certiorari granted, ante, p. 806.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 90-79.
    Kay v. Ehrler et al.
   C. A. 6th Cir. [Certio-rari granted, ante, p. 807.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 89-1632.
    California v. Hodari D.
   Ct. App. Cal., 1st App. Dist. [Certiorari granted, ante, p. 807.] Motion for appointment of counsel granted, and it is ordered that James L. Lozenski, Esq., of Berkeley, Cal., be appointed to serve as counsel for respondent in this case.


text:
    No. 89-1862.
    McCarthy, Director, California Department of Corrections v. Blair.
   C. A. 9th Cir. [Certiorari granted, ante, p. 807.] Motion for appointment of counsel granted, and it is ordered that Paul E. Potter, Esq., of Pasadena, Cal., be appointed to serve as counsel for respondent in this case.


text:
    No. 89-1944.
    Ohio v. Huertas.
   Sup. Ct. Ohio. [Certiorari granted, ante, p. 807.] Motion for appointment of counsel granted, and it is ordered that Joann Bour-Stokes, Esq., of Columbus, Ohio, be appointed to serve as counsel for respondent in this case.


text:
    No. 89-1696.
    Peabody Coal Co. et al. v. Taylor et al.
   C. A. 7th Cir. Motion of respondents to substitute Charles Martin, Personal Representative of the Estate of Hubert Taylor, deceased, in place of Hubert Taylor granted. Motion of respondent Martin for leave to proceed in forma pauperis granted. Motion to consolidate this case with No. 89-1714, Pauley, Survivor of Pauley v. BethEnergy Mines, Inc., et al.; No. 90-113, Clinchfield Coal Co. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al.; and No. 90-114, Consolidation Coal Co. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al., infra, denied.


text:
    No. 89-7272.
    Harmelin v. Michigan.
   Ct. App. Mich. [Certiorari granted, 495 U. S. 956.] Motion of petitioner to strike nonrecord material granted. Respondent is directed to reprint the brief.


text:
    No. 89-7370.
    Gozlon-Peretz v. United States.
   C. A. 3d Cir. [Certiorari granted, 496 U. S. 935.] Motion of the Solicitor General for leave to permit Amy L. Wax, Esq., to present oral argument pro hac vice granted.


text:
    No. 89-7691.
    Yates v. Evatt, Commissioner, South Carolina Department of Corrections, et al.
   Sup. Ct. S. C. [Certiorari granted, ante, p. 809.] Motion for appointment of counsel granted, and it is ordered that David I. Brack, Esq., of Columbia, S. C., be appointed to serve as counsel for petitioner in this case.


text:
    No. 90-240.
    Polk et ux. v. Dixie Insurance Co.
   C. A. 5th Cir. Motion of petitioners to consolidate with No. 89-7743, Edmonson v. Leesville Concrete Co., Inc. [certiorari granted, ante, p. 809], denied.


text:
    No. 90-380.
    No. 90-383.
    No. 90-404.
    Consolidated Rail Corporation v. Delaware & Hudson Railway Co. Whitfield et al. v. Clinton, Governor of Arkansas, et al. Illinois State Labor Relations Board et al. v. Illinois Nurses Assn. et al.
   C. A. 2d Cir.;

C. A. 8th Cir.; and

App. Ct. Ill., 1st Dist. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 90-5193.
    Mu’Min v. Virginia.
   Sup. Ct. Va. [Certiorari granted, ante, p. 894.] Motion for appointment of counsel granted, and it is ordered that John H. Blume, Esq., of Columbia, S. C., be appointed to serve as counsel for petitioner in this case.


author: Justice Marshall and Justice Stevens,

text:
    No. 90-5536.
    Amsden v. Moran et al.
   C. A. 1st Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until November 19, 1990, 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 Souter took no part in the consideration or decision of this motion.

Justice Marshall and Justice Stevens,

dissenting.

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


text:
    No. 90-5778.
    No. 90-5816.
    In re Anderson; and In re Kirschenhunter.
   Petitions for writs of habeas corpus denied.


text:
    No. 90-5613.
    No. 90-5622.
    No. 90-5625.
    No. 90-5681.
    In re Blanton; In re Fay; In re Visser; and In re Maciel.
   Petitions for writs of mandamus denied.


text:
    No. 90-5519.
    In re Cook.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 90-365.
    In re Jaffer.
   Petition for writ of prohibition and mandamus denied.


text:
    No. 89-1714.
    No. 90-113.
    No. 90-114.
    Pauley, Survivor of Pauley v. Beth-Energy Mines, Inc., et al. Clinchfield Coal Co. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al. Consolidation Coal Co. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al.
   C. A. 3d Cir.;

C. A. 4th Cir.; and

C. A. 4th Cir. Motion of respondent John Taylor for leave to proceed in forma pauperis in No. 90-113 granted. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: No. 89-1714, 890 F. 2d 1295; No. 90-113, 895 F. 2d 178; No. 90-114, 895 F. 2d 173.


text:
    No. 90-5319.
    McNeil v. Wisconsin.
   Sup. Ct. Wis. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 89-7662.
    Coleman v. Thompson, Warden.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to Questions 2, 3, and 4 presented by the petition.


text:
    No. 89-353.
    Sanchez et al. v. Bond et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-989.
    City of Norfolk, Virginia, et al. v. Collins et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-1409.
    Ostrander v. Wood.
   C. A. 9th Cir. Certio-rari denied.


text:
    No. 89-1897.
    Schlank v. Williams, Acting Administrator, Rehabilitation Services Administration, Department of Human Services of District of Columbia.
   Ct. App. D. C. Certiorari denied.


text:
    No. 89-1979.
    Board of Trustees of the University of Kentucky et al. v. Hayse.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 89-2004.
    Krantz v. Montana.
   Sup. Ct. Mont. Certiorari denied.


text:
    No. 89-7531.
    Moorhead v. Texas.
   Sup. Ct. Tex. Certio-rari denied.


text:
    No. 89-7597.
    Neville v. Whitley, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7605.
    Humphrey v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-7606.
    Whitehead v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7716.
    Pifer v. California.
   Ct. App. Cal., 5th App. Dist. Certiorari denied.


text:
    No. 89-7722.
    Summers v. Utah et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-7781.
    Williams v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-7882.
    James v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-66.
    Sandoval v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 90-125.
    Bagley v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-140.
    Laborers Pension Trust Fund for Northern California v. Imel.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-152.
    Florida v. Nelson et al.
   Dist. Ct. App. Fla., 5th Dist. Certiorari denied.


text:
    No. 90-193.
    Stone et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-218.
    Fogel v. United States.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 90-236.
    Jordan v. Cameron Iron Works, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-247.
    Overmyer v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-253.
    National Engineering & Contracting Co. v. Occupational Safety and Health Review Commission et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-255.
    New York Telephone Co. et al. v. Cahill et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 90-286.
    Konits v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 90-355.
    Southern Pacific Transportation Co. v. Luck.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 90-356.
    Yartzoff v. Reilly, Administrator, Environmental Protection Agency.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-358.
    Travel Services, Inc. v. Government of the Virgin Islands et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-363.
    Luna v. Superior Court of Massachusetts.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 90-364.
    Armell, a Minor, Through her Court-Appointed Attorney and Guardian ad Litem, Murphy v. Prairie Band of Potawatomi Indians.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 90-369.
    Vollrath v. Georgia Pacific Corp.
   G. A. 6th Cir. Certiorari denied.


text:
    No. 90-375.
    Brown v. Earp, Commissioner, Georgia Department of Public Safety.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 90-377.
    Morrison et al. v. Pennsylvania Convention Center Authority et al.
   Commw. Ct. Pa. Certiorari denied.


text:
    No. 90-384.
    Curlee, Superintendent, Aberdeen School District, et al. v. Fyfe.
   C. A. 5th Cir. Certiorari denied.’


text:
    No. 90-391.
    Lee’s Summit Reorganized School District et al. v. Naylor et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-392.
    Ganz v. Zagel, Director, Illinois Department of State Police.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 90-393.
    City of DeSoto, Texas, et al. v. Morgan et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-402.
    Mayeske et al. v. International Association of Fire Fighters et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 90-407.
    Collateral Protection Insurance Services et al. v. Balboa Insurance Co. et al.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 90-410.
    Cohn et al. v. Katz et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-414.
    Khan v. Jenkins et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-416.
    DiLeo et ux. v. Ernst & Young.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-419.
    Doe v. Borough of Clifton Heights, Pennsylvania, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-421.
    Benson v. Ally et al.
   C. A. 5th Cir. Certio-rari denied.


text:
    No. 90-423.
    Rodin, Individually, and as Successor of Rodin, et al. v. Salzman, Personal Representative of the Estate of Golden, Deceased.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-424.
    J. J. Blonien & Associates, Inc., et al. v. Community Newspapers, Inc., et al.
   Ct. App. Wis. Certio-rari denied.


text:
    No. 90-427.
    Greene v. Town Board of Warrensburg et al.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 90-428.
    Chitwood et ux. v. McLemore, Trustee in Bankruptcy for Circle W. Dairy Farms, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-430.
    Shelton v. Greater Cleveland Regional Transit Authority.
   Ct. App. Ohio, Cuyahoga County. Cer-tiorari denied.


text:
    No. 90-441.
    Pyburn Enterprises, Inc. v. Bird, as Trustee for Northwest Financial Express, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-445.
    Winburn v. Bennington-Rutland Supervisory Union.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-448.
    Ford Motor Co. et al. v. Mahne.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-458.
    Camoscio v. The Patriot Ledger et al.
   App. Ct. Mass. Certiorari denied.


text:
    No. 90-468.
    Bertola v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 90-470.
    Glasbrenner v. Sapio.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 90-479.
    Heimann et al. v. Amoco Production Co.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-483.
    McKnight v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 90-496.
    Zweig v. Zweig.
   Sup. Ct. Vt. Certiorari denied.


text:
    No. 90-510.
    Boucher v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-567.
    Wedlock v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 90-5073.
    Bettistea v. Michigan.
   Cir. Ct. Mich., Kent County. Certiorari denied.


text:
    No. 90-5086.
    Ellis v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 90-5088.
    Balawajder v. Winter.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5093.
    Martinez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5142.
    Williams v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-5164.
    Humphrey v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 90-5173.
    Del Rosario v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 90-5215.
    No. 90-5468.
    O’Meara v. United States; and Kost v. United States.
   C. A. 8th Cir. Certiorari denied. Reported below: 895 F. 2d 1216.


text:
    No. 90-5234.
    Smith v. Kansas.
   Ct. App. Kan. Certiorari denied.


text:
    No. 90-5249.
    Dunn v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5257.
    Baron v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-5292.
    Pozzy v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 90-5293.
    Green v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5322.
    Sherman v. Burke Contracting, Inc., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5327.
    Lancaster, aka McGee v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 90-5332.
    Mango v. Russell, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5399.
    Johnson v. Neal.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-5421.
    Grandison v. Attorney General of the United States et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-5442.
    Krause v. United States District Court for the District of Nevada (Whitely, Warden, Real Party in Interest).
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5452.
    Ray v. United States Court of Appeals for the District of Columbia.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 90-5457.
    Hill v. Bowman, State Treasurer of Michigan.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 90-5472.
    In re May.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5499.
    Gomez v. Greer, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-5505.
    Herman v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5514.
    Visser v. United States District Court for the Central District of California.
   C. A. 9th Cir. Certio-rari denied.


text:
    No. 90-5518.
    Fraley v. United States District Court for the Northern District of West Virginia et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5520.
    Eluemunoh v. United States Immigration and Naturalization Service.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5529.
    Szymanski v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5556.
    Demos v. United States District Court for the Western District of Washington.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5567.
    Allen v. Stalder, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5574.
    Dabish v. Chrysler Corp.
   Ct. App. Mich. Certiorari denied.


text:
    No. 90-5575.
    Kokoraleis v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 90-5577.
    Sindram v. Wallin et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5578.
    Sindram v. McKenna et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5580.
    Carvalho v. Public Employees Federation et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-5582.
    Harris v. Grace et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5583.
    King v. Whitley, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5585.
    Jarallah v. Pickett Hotel Co., dba Pickett Suite Hotel, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5587.
    Hanley v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5588.
    Espinosa v. Florida.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 90-5602.
    Bell v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 90-5603.
    London v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 90-5604.
    Demos v. Gardner et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5606.
    Schlicher v. Davies, Secretary, Kansas Department of Corrections, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-5608.
    Whitney v. Federal Reserve Bank et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5609.
    Smith v. United States District Court for the Southern District of California.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5614.
    Coombs v. N. L. Chemicals, Inc., et al.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 90-5617.
    Flores v. Minnesota.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5618.
    Abdal-Rahim v. New York City Department of Health, Bureau of Laboratories.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-5623.
    Walton v. Fox.
   Ct. App. Ohio, Wyandot County. Certiorari denied.


text:
    No. 90-5632.
    McColpin v. Stephan.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-5636.
    Fleming v. McCotter et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-5637.
    Feimster v. Dugger, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5639.
    Evans v. Six Unknown Federal Prison Guards.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-5640.
    Cruickshank v. Blevins.
   Ct. App. Mich. Certiorari denied.


text:
    No. 90-5648.
    Smoot v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5650.
    Sullivan v. Texas.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 90-5651.
    Roderick v. Main-Land Development Consultants, Inc.
   Super. Ct. Me., Oxford County. Certiorari denied.


text:
    No. 90-5653.
    Rossman, aka Tedders v. Rossman.
   Ct. App. Mich. Certiorari denied.


text:
    No. 90-5655.
    McKenzie v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 90-5656.
    Holsey v. Green, Warden, et al.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 90-5657.
    Williams v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-5658.
    Perry v. Duke et al.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 90-5660.
    Watts v. Cullinane et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5662.
    Phillips, as Guardian of Phillips v. United States District Court for the Northern District of Texas.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5666.
    Fowlkes v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5667.
    Ferguson v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 90-5668.
    Deichler v. Morris, Superintendent, Southern Ohio Correctional Facility.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5671.
    Baker v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 90-5674.
    Fowlkes v. Frye et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5675.
    Thomas v. Georgia Department of Corrections et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5678.
    Greene v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 90-5682.
    Jackson v. Armontrout, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5683.
    Merritt et al. v. Edwards, Former Governor of Louisiana, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5685.
    Campuzano et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-5686.
    Gomez-Norena v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5688.
    Rich v. Thalacker, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5690.
    Taylor v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5694.
    Payne v. Huffman, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5697.
    Valenti et ux. v. Lancaster County Tax Claim Bureau et al.
   Commw. Ct. Pa. Certiorari denied.


text:
    No. 90-5699.
    Sindram v. Montgomery County, Maryland, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5702.
    Garcia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5730.
    Clifford v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5743.
    Green v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5745.
    Demos v. Washington.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 90-5747.
    Celestin v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-5750.
    Lofton v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5751.
    Kammoma v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5752.
    Long v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 90-5757.
    Sifuentes-Balderas v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5767.
    Torres et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5768.
    Bravo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5770.
    Dyer v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5773.
    Wilson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5777.
    West v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5782.
    Smith v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5786.
    Hirsch v. Oregon.
   Ct. App. Ore. Certiorari denied.


text:
    No. 90-5793.
    Clark v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5797.
    Williams v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5798.
    Chavez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5810.
    Taylor v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-5818.
    Galloway v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5820.
    Candeao v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5821.
    Dawn v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-5828.
    Pettigrew v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5829.
    Poteat v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 89-1167.
    Brutsche v. Cleveland-Perdue, Successor Representative and Administratrix of the Estate of Jones.
   C. A. 7th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 90-385.
    Henneberry, Director, Patuxent Institution v. Sutton.
   Ct. App. Md. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 90-425.
    Armontrout, Warden v. Chambers.
   C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 89-1193.
    B & H Industries of Southwest Florida, Inc. v. Dieter et al.
   C. A. 11th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-1738.
    Lewis, Trustee for Joseph M. Eaton Builders, Inc. v. Diethorn et ux.
   C. A. 3d Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-1855.
    St. Joseph’s Hospital & Medical Center v. Maricopa County.
   Ct. App. Ariz. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-1900.
    General Telephone Company of the Northwest, Inc. v. Equal Employment Opportunity Commission.
   C. A. 9th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 90-225.
    Ealy, an Infant, by Ealy et al., Guardians v. Richardson-Merrell, Inc.
   C. A. D. C. Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-1499.
    Plazzo et al. v. Nationwide Mutual Insurance Co. et al.
   C. A. 6th Cir. Certiorari denied.

JUSTICE White and Justice Marshall would grant certiorari.


text:
    No. 89-1580.
    Sherman v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.

Justice White and Justice Marshall would grant certiorari.


text:
    No. 90-5061.
    Richardson v. Warden, Wade Correctional Center, et al.
   C. A. 5th Cir. Certiorari denied.

Justice White and Justice Marshall would grant certiorari.


text:
    No. 89-1591.
    Schwarz v. Florida Supreme Court.
   Sup. Ct. Fla. Certiorari denied.

Justice White, Justice Marshall, and Justice Blackmun would grant certiorari.


text:
    No. 89-1972.
    Daniels v. Superior Court of New Jersey, Appellate Division.
   Sup. Ct. N. J. Motion of Center for Constitutional Rights for leave to file a brief as amicus curiae granted. Certiorari denied.


author: Justice Marshall,

text:
    No. 89-7684.
    No. 90-5459.
    No. 90-5607.
    No. 90-5859.
    Stoker v. Texas. Tyler v. Ohio. Ventura v. Florida. Clark v. Dugger, Secretary, Florida Department of Corrections.
   Ct. Crim. App. Tex.;

Sup. Ct. Ohio;

Sup. Ct. Fla.; and

C. A. 11th Cir. Certiorari denied. Reported below: No. 89-7684, 788 S. W. 2d 1; No. 90-5459, 50 Ohio St. 3d 24, 553 N. E. 2d 576; No. 90-5607, 560 So. 2d 217; No. 90-5859, 901 F. 2d 908.

Justice Marshall,

dissenting.

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


text:
    No. 90-228.
    Massachusetts v. Couture.
   Sup. Jud. Ct.

Mass. Certiorari denied.

Justice Blackmun would grant cer-tiorari.


text:
    No. 90-307.
    Coughlin, Commissioner, New York State Department of Correctional Services, et al. v. Benjamin et al.
   C. A. 2d Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 90-366.
    Flaherty v. Thomas S., by his Guardian ad Litem, Brooks, et al.
   C. A. 4th Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 90-344.
    No. 90-367.
    Transwestern Pipeline Co. v. Kansas Power & Light Co. et al.; and Federal Energy Regulatory Commission v. Public Utilities Commission of California et al.
   C. A. D. C. Cir. Motion of Interstate Natural Gas Association of America for leave to file a brief as amicus curiae granted. Cer-tiorari denied. Reported below: 283 U. S. App. D. C. 116, 897 F. 2d 570.


text:
    No. 90-403.
    Andes v. Knox.
   C. A. 8th Cir. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Certiorari denied.


text:
    No. 90-417.
    Kramer v. Hammond.
   Sup. Ct. S. C. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Certiorari denied.


text:
    No. 90-443.
    Kern River Gas Transmission Co. v. Coastal Corp. et al.
   C. A. 5th Cir. Motions of Wide World of Maps, Inc., and Automobile Club of America for leave to file briefs as amici curiae granted. Certiorari denied.


text:
    No. 89-6324.
    No. 90-5108.
    No. 90-5389.
    Moore v. Zant, Superintendent, Georgia Diagnostic and Classification Center, In re Cedillo, Chadwick v. Acco-Babcock, Inc.,
   497 U. S. 1010;

ante, p. 806; and

ante, p. 874. Petitions for rehearing denied.

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


text:
    November 1, 1990
    No. A-330.
    Paz v. Idaho.
   Application for stay of execution of sentence of death, presented to Justice O’Connor, and by her referred to the Court, granted pending the timely filing and disposition by this Court of a petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.


text:
    No. A-331.
    Delo, Superintendent, Potosi Correctional Center v. Byrd.
   Application of the Attorney General of Missouri for an order to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eighth Circuit, presented to Justice Kennedy, and by him referred to the Court, denied.


text:
    November 2, 1990
    No. 90-560.
    Continental Airlines Holdings, Inc., et al. v. American General Corp. et al.
   Sup. Ct. Del. Certiorari dismissed under this Court’s Rule 46.


author: Justice Blackmun,

text:
    No. A-327.
    Clark et al. v. Roemer, Governor of Louisiana, et al.
   Application for injunction and stay of orders of the United States District Court for the Middle District of Louisiana, case No. 86-435-A, presented to Justice Scalia, and by him referred to the Court, granted in part. Louisiana state officials are enjoined from holding elections scheduled for November 6 and December 8, 1990, for judicial offices created by acts which the District Court found had not been precleared in violation of § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 42 U. S. C. § 1973c. Specifically, these judgeships are those listed in Part II of the District Court’s order of October 22, 1990, pp. 3-4, excepting Division B of the 20th Judicial District, which the District Court upon reconsideration found to have been precleared. See order of October 31, 1990, p. 15, n. 42. In all other respects the application is denied.

This order is further conditioned upon the timely docketing of a statement as to jurisdiction in the above-entitled appeal. If such a statement as to jurisdiction is filed, this order is to remain in effect pending this Court’s action on the appeal. If the judgments are affirmed, or the appeal is dismissed, this order shall terminate automatically. In the event probable jurisdiction is noted, or the judgments are vacated or reversed, this order shall remain in effect pending the sending down of the judgment of this Court.

Justice White dissents.

Justice Blackmun,

concurring in part and dissenting in part.

I would deny the application in its entirety and therefore dissent from those provisions of the above order which grant injunc-tive relief.


text:
    November 5, 1990
    No. 89-1862.
    McCarthy, Director, California Department of Corrections v. Blair.
   C. A. 9th Cir. [Certiorari granted, ante, p. 807;] Judgment vacated and case remanded to the Court of Appeals with directions that it instruct the United States District Court for the Central District of California to vacate its order and dismiss the petition for writ of habeas corpus as moot. United States v. Munsingwear, Inc., 340 U. S. 36 (1950).


text:
    No. 89-7496.
    Rivera-Feliciano v. United States.
   C. A. 1st Cir. Motion of petitioner for leave to proceed in forma pau-peris granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Grady v. Corbin, 495 U. S. 508 (1990).


text:
    No.-.
    Davis v. Illinois Department of Children and Family Services et al.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. A-327.
    Clark et al. v. Roemer, Governor of Louisiana, et al.
   Motion of appellees for modification of the order of the Court entered November 2, 1990 [ante, p. 953], granted, and the order is modified as follows:

Application for injunction and stay of orders of the United States District Court for the Middle District of Louisiana, case No. 86-435-A, presented to Justice Scalia, and by him referred to the Court, granted in part. Louisiana state officials are enjoined from holding elections scheduled for November 6 and December 8, 1990, for judicial offices created by acts which the District Court found had not been precleared in violation of § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 42 U. S. C. § 1973c. These judgeships are listed in Part II of the District Court’s order of October 22, 1990, pp. 3-4, excepting Division B of the 20th Judicial District, which the District Court upon reconsideration found to have been precleared, and Division D of the 34th Judicial District, which the parties and the Solicitor General agree the Attorney General precleared by letter of October 10, 1989. Specifically, those judgeships for which an election is enjoined are:

(1) District Courts:

4th District, Divisions F and G;

6th District, Division B;

14th District, Divisions E, F, G, and H;

16th District, Division G;

21st District, Division F;

22nd District, Division G;

24th District, Division P;

26th District, Division E;

40th District, Division C;

(2) Courts of Appeal:

All judgeships authorized by 1990 La. Acts, No. 8, including

(a) Second Circuit Court of Appeal, District 1, Division C; and

(b) Second Circuit Court of Appeal, District 3, Division C.

In all other respects the application is denied.

This order is further conditioned upon the timely docketing of a statement as to jurisdiction in the above-entitled appeal. If such a statement as to jurisdiction is filed, this order is to remain in effect pending this Court’s action on the appeal. If the judgments are affirmed, or the appeal is dismissed, this order shall terminate automatically. In the event probable jurisdiction is noted, or the judgments are vacated or reversed, this order shall remain in effect pending the sending down of the judgment of this Court.

Justice White dissents.

Justice Blackmun,

concurring in part and dissenting in part.

I would deny the application in its entirety and therefore dissent from those provisions of the above order which grant injunc-tive relief.


text:
    No. D-904.
    In re Disbarment of Root.
    [For earlier order herein, see 496 U. S. 902.]
   Disbarment entered.


text:
    No. D-913.
    In re Disbarment of Williams.
    [For earlier order herein, see 497 U. S. 1002.]
   Disbarment entered.


text:
    No. D-916.
    In re Disbarment of Johnstone.
    [For earlier order herein, see 497 U. S. 1045.]
   Disbarment entered.


text:
    No. D-947.
    In re Disbarment of Pattison.
   It is ordered that Howard A. Pattison, of Athens, Tex., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-948.
    In re Disbarment of Perlow.
   It is ordered that Howard Leslie Perlow, 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-949.
    In re Disbarment of Wilson.
   It is ordered that Jim L. Wilson, of Tifton, Ga., 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-950.
    In re Disbarment of Bie.
   It is ordered that Norman Bie, Jr., of Largo, 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-951.
    In re Disbarment of Jones.
   It is ordered that Grant Paul Jones, of Seattle, Wash., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 109,
    Orig.
    Oklahoma et al. v. New Mexico.
   Report of the Special Master received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed by the parties within 45 days. Replies thereto, with supporting briefs, may be filed within 30 days.

[For earlier order herein, see, e. g., 496 U. S. 903.]


text:
    No. 89-1944.
    Ohio v. Huertas.
   Sup. Ct. Ohio. [Certiorari granted, ante, p. 807.] Motion of respondent to dismiss the writ of certiorari as improvidently granted denied.


text:
    No. 89-1965.
    Cottage Savings Assn. v. Commissioner of Internal Revenue.
   C. A. 6th Cir. [Certiorari granted, ante, p. 808.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 90-96.
    Siegert v. Gilley.
   C. A. D. C. Cir. [Certio-rari granted, ante, p. 918.] Motion of petitioner to proceed further herein in forma pauperis denied.


text:
    No. 90-464.
    Bituminous Coal Operators’ Assn., Inc. v. United Mine Workers of America, International Union, by Rabbit, Trustee ad Litem, et al.
   C. A. 3d Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 90-5643.
    In re Alston.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 89-1821.
    Stevens v. Department of the Treasury et al.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 90-68.
    Ylst, Warden v. Nunnemaker.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 89-1736.
    Hobson v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-1806.
    United States Army et al. v. Watkins.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5586.
    Palmer et al. v. Gunter et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-7596.
    Charles v. Butler, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7659.
    Patterson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-176.
    Kuennen v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-217.
    Brown et al. v. Elizabeth Blackwell Health Center for Women et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-259.
    Lowary et al. v. Lexington Teachers Assn. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-300.
    Hays v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-310.
    Migliorini v. Director, Office of Workers’ Compensation Programs.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-373.
    KPMG Peat Marwick v. Holloway et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-431.
    Dispatch Printing Co. v. Solove, Judge, Franklin County, Ohio, Court of Common Pleas, et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 90-432.
    Perry v. Prudential-Bache Securities, Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-437.
    Grote v. Trans World Airlines, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-438.
    Stewart v. Morris et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-439.
    Bias, as Personal Representative of the Estate of Bias, Deceased v. Advantage International, Inc., et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 90-440.
    Lunn v. Time Insurance Co.
   Sup. Ct. N. M. Certiorari denied.


text:
    No. 90-446.
    Benintendi et ux. v. Union National Bank of Little Rock et al.
   Ct. App. Okla. Certiorari denied.


text:
    No. 90-454.
    Sequoia Books, Inc., dba Denmark II v. Ingemunson, State’s Attorney of Kendall County, Illinois, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-460.
    Wallis et ux. v. Justice Oaks II, Ltd., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-462.
    Sloan et al. v. G & G Manufacturing Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-467.
    Fahrig et ux. v. Wolff, Judge, et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 90-474.
    Ward v. Daily Reflector, Inc., et al.
   Ct. App. N. C. Certiorari denied.


text:
    No. 90-475.
    Falkner et ux. v. United States District Court for the Southern District of Florida.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-481.
    601 Properties, Inc. v. City of Dayton, Ohio.
   Ct. App. Ohio, Montgomery County. Certiorari denied.


text:
    No. 90-491.
    Rivera Cruz, Secretary of Justice of Puerto Rico v. Playboy Enterprises, Inc., et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 90-533.
    In re Kantor.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 90-547.
    Quansah v. City of New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-579.
    Woods v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 90-5071.
    Summers v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5275.
    Sack v. North Dakota et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5432.
    Dawn v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5524.
    Meckley v. Federal Correctional Institution, Alderson, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5661.
    Smallwood v. E-Systems, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5703.
    Amodeo v. Columbia Broadcasting System et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-5704.
    Hebel v. Gilmore, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-5707.
    Toomey v. Bunnell, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5708.
    Vaisey v. Haugh.
   Ct. App. Ore. Certiorari denied.


text:
    No. 90-5709.
    Smith v. MacDonald.
   Ct. App. Tenn. Certiorari denied.


text:
    No. 90-5710.
    Standard v. Burton, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5711.
    Broadnax et al. v. Los Angeles County Municipal Court et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5717.
    Terrazas v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 90-5732.
    Cox v. Carroll, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5733.
    Tindall v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5734.
    Rust v. Gunter et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5738.
    Sparks v. Jabe, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5741.
    Day v. Johnson et al.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 90-5749.
    Lipofsky v. New York State Workers Compensation Board et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5754.
    Haskins v. California.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 90-5795.
    Young v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5827.
    Shafer v. Stratton, Attorney General of New Mexico.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-5838.
    Belvin v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5840.
    Attson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5842.
    Darlington v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-5845.
    Banks v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5847.
    Duarte v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5852.
    Barbosa v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5853.
    Rivera-Dominguez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5856.
    Williams v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 90-5858.
    Ford v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 90-5863.
    Hernandez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5864.
    Jenkins v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-5867.
    Martin v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5879.
    Robertson v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5881.
    Carballo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5883.
    Farber v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-5884.
    Didio v. United States.
    Reported below: 909 F. 2d 1477.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-5893.
    Ellsworth v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-5894.
    West v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 90-5895.
    Trujillo v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-5902.
    Silvious v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5905.
    Proctor v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5913.
    Hodge v. Yarborough, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5915.
    Love v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 90-5925.
    Messer v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-41.
    Wisconsin v. Walker.
   Sup. Ct. Wis. Motion of respondent for leave to proceed in forma pauperis granted. Cer-tiorari denied.


text:
    No. 90-451.
    Public Employees Retirement System of Ohio v. Betts.
   C. A. 6th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 90-540.
    Vaccaro v. Jorling, Commissioner of New York State Department of Environmental Conservation.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Certiorari denied.


text:
    No. 90-550.
    East Asiatic Co., Inc., et al. v. RSR Corp. et al.
   Ct. App. Wash. Motion of Government of Denmark for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 90-5156.
    Barnes v. Dallas County Child Welfare Unit of the Texas Department of Human Resources.
   Ct. App. Tex., 5th Dist. Certiorari denied.

Justice Blackmun would grant certiorari.


text:
    No. 90-5416.
    Antoine v. United States.
   C. A. 9th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 90-5434.
    Vargas-Victoria v. United States.
   C. A. 9th Cir. Certiorari denied.

Justice White and Justice Marshall would grant certiorari.


text:
    No. 90-5641.
    Siebert v. Alabama.
   Sup. Ct. Ala. Certio-rari denied.

Justice Marshall,

dissenting.

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


text:
    No. 89-7818.
    No. 90-5084.
    MacGuire v. Rasmussen, Church v. Thompson et al.,
   ante, p. 841; and

ante, p. 860. Petitions for rehearing denied.

JUSTICE Souter took no part in the consideration or decision of these petitions.


text:
    November 13, 1990
    No. 89-1784.
    Insurance Company of the State of Pennsylvania et al. v. Ben Cooper, Inc.
   C. A. 2d Cir. [Certio-rari granted, 497 U. S. 1023.] The United States, whose motion to intervene filed in this Court on September 28, 1990, was granted, has raised a question concerning the Court of Appeals’ jurisdiction over this case and hence a question about our own jurisdiction. Motion of United States to Intervene and Brief for United States 9-17. Because the Court of Appeals should address the jurisdictional issue in the first instance, we vacate the judgment of the Court of Appeals and remand the case for consideration of the jurisdictional issue raised by the United States.


text:
    No. 89-1951.
    Delta Traffic Service, Inc., et al. v. Appco Paper & Plastics Corp.
   C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Maislin Industries, U. S., Inc. v. Primary Steel, Inc., 497 U. S. 116 (1990).


text:
    No. 90-5659.
    Reeves v. Nebraska.
   Sup. Ct. Neb. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Clemons v. Mississippi, 494 U. S. 738 (1990).


text:
    No. 8,
    Orig.
    Arizona v. California et al.
   It is ordered that Frank McGarr, Esq., of Chicago, Ill., be appointed Special Master in place of Robert B. McKay, deceased.

The Special Master shall have authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit such reports as he may deem appropriate.

[For earlier order herein, see, e. g., 493 U. S. 971.]

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

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


text:
    No. 90-394.
    Clinton, Governor of Arkansas, et al. v. Jeffers et al.
   Appeal from D. C. E. D. Ark. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 90-5759.
    In re Golub.
   Motion of petitioner for leave to proceed in forma 'pauperis denied. Petitioner is allowed until December 4, 1990, 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 Marshall, 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 mandamus without reaching the merits of the motion to proceed in forma pauperis.


text:
    No. 90-5765.
    Cary v. Kirk et al.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until December 4, 1990, 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 Marshall, 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.


text:
    No. 90-5980.
    In re Gibson.
   Petition for writ of habeas corpus denied.


text:
    No. 90-5775.
    No. 90-5779.
    In re Doughty et al.; and In re Kaltenbach.
   Petitions for writs of mandamus denied.


text:
    No. 90-285.
    Litton Financial Printing Division, a Division of Litton Business Systems, Inc. v. National Labor Relations Board et al.
   C. A. 9th Cir. Certiorari granted limited to Question 2 presented by the petition.


text:
    No. 90-5358.
    Braxton v. United States.
   C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 89-7589.
    Nace v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 89-7594.
    Pletten v. Newman et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7753.
    Hearn et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7787.
    Villegas v. California.
   Ct. App. Cal., 6th App. Dist. Certiorari denied.


text:
    No. 89-7788.
    Weaver v. Puckett, Superintendent, Mississippi State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-36.
    Goldberg v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-151.
    River Villa Partnership et al. v. Sun Belt Federal Bank, F. S. B.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-291.
    Gruber v. Board of Medical Examiners of Oregon.
   Ct. App. Ore. Certiorari denied.


text:
    No. 90-413.
    Kimmet et al. v. Ryan et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-477.
    Harding et al. v. City of New York Department of Environmental Protection et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-480.
    Netzley v. Celebrezze et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 90-482.
    Spang & Co. v. DelGrosso et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-484.
    Taber, dba Tabers Grass Farm v. Pledger, Director, Arkansas Department of Finance and Administration.
   Sup. Ct. Ark. Certiorari denied.


text:
    No. 90-490.
    Fant v. Board of Trustees, Regional Transit Authority.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 90-492.
    Wisconsin Education Association Council et al. v. Wisconsin State Elections Board et al.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 90-495.
    Magee Drilling Co. v. Arkoma Associates et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-500.
    Laurick v. New Jersey.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 90-501.
    Weinberg v. Connecticut.
   Sup. Ct. Conn.

Certiorari denied.


text:
    No. 90-502.
    Perdue v. Barber.
   Ct. App. Ga. Certiorari denied.


text:
    No. 90-508.
    Sedillo v. New Mexico.
   Ct. App. N. M. Certiorari denied.


text:
    No. 90-509.
    Vieux et al. v. East Bay Regional Park District et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-511.
    Ma v. Continental Illinois National Bank & Trust Co.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-512.
    Warren v. Dwyer.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-514.
    Onan Corp. v. Industrial Steel Container Co.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-518.
    Welsh v. Pennsylvania.
   Super. Ct. Pa. Cer-tiorari denied.


text:
    No. 90-522.
    McNamee et ux. v. Southern Textile Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-528.
    Ventilatoren Stork Hengelo B. V. et al. v. Forsikringsaktieselskabet Hafnia, aka Hafnia.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-538.
    Peacock et ux. v. City of Murphy, Texas, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-548.
    Foster, by his Guardian, Foster v. United States Fire Insurance Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-553.
    Gouras (Wade) v. Burroughs Wellcome Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-586.
    Wax v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 90-604.
    Zerman et ux. v. Supreme Court of Florida et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5065.
    Roderick v. Trickey, Director, Division of Classification and Treatment, Missouri Department of Corrections.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5112.
    Sheffer v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5176.
    Moore v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-5206.
    Speed v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 90-5210.
    Fischer v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-5212.
    Rexach v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-5263.
    Littriello et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5294.
    Gray v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5301.
    Rayburn v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 90-5308.
    Kimberlin v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-5353.
    Spivey v. Harris et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5380.
    Edwards v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-5412.
    Rhodes v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5498.
    Gravatt v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-5542.
    Sheldon v. New Mexico.
   Ct. App. N. M. Certiorari denied.


text:
    No. 90-5695.
    Watkins v. Department of the Treasury et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5698.
    Sindram v. Lustine Chevrolet, Inc., et al.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 90-5727.
    Jones v. Mendenhall et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5736.
    Sivak v. Idaho.
   Sup. Ct. Idaho. Certiorari denied.


text:
    No. 90-5739.
    Woods v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5746.
    Ellis v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5760.
    Stepler v. Ohio Adult Parole Authority et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5761.
    Daniels v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5762.
    Dees v. Caspiri, Superintendent, Missouri Eastern Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 90-5763.
    Baime v. Greenly.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 90-5764.
    Davis v. Cohen et al.
   C. A. 3d Cir. Certio-rari denied.


text:
    No. 90-5780.
    Watson v. New Mexico.
   Ct. App. N. M. Certiorari denied.


text:
    No. 90-5784.
    Schlicher v. Davies et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-5785.
    Vey v. Preate et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-5788.
    Waters v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 90-5790.
    Fulford v. Whitley, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5792.
    Beazley v. California.
   Ct. App. Cal., 5th App. Dist. Certiorari denied.


text:
    No. 90-5794.
    Royball v. San Antonio Housing Authority et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5799.
    Searcy v. Houston Lighting & Power Co. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5805.
    McKaye v. Brown et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5808.
    Gagaty v. Gagaty.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 90-5809.
    McColpin v. Foulston.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-5811.
    Stewart v. Dallas County Health Department et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-5812.
    King v. United States District Court for the District of Arizona et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5813.
    Durante v. Ohio Civil Rights Commission.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5832.
    Johnston v. Washtenaw County Court Clerk et al.
   Ct. App. Mich. Certiorari denied.


text:
    No. 90-5843.
    Young v. Kelly.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-5875.
    Ransbottom v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5878.
    Weber v. California State Bar et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5903.
    Sanchez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5914.
    Jones v. United States et al.; Jones v. Gerrie et al.; Jones v. United States; Jones v. United States; Jones v. United States; Jones v. Wiseman et al.; Jones v. United States; Jones v. United States; and Jones v. Vacco et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 904 F. 2d 34 (first case); 912 F. 2d 462 (sixth case).


text:
    No. 90-5918.
    Thompson v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-5919.
    Chaney v. Department of Veterans Affairs.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 90-5921.
    Aiello v. Wisconsin.
   Ct. App. Wis. Certio-rari denied.


text:
    No. 90-5927.
    Brown v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-5937.
    Leach, aka Martin v. McCaughtry, Superintendent, Waupun Correctional Institution.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-5945.
    Bermudas v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-5994.
    Foe et al. v. Cuomo et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1508.
    Colorado Interstate Gas Co. v. Natural Gas Pipe Line Company of America et al.
   C. A. 10th Cir. Motion of Public Citizen for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 90-485.
    Williams v. Pima County, Arizona, et al.
   Ct. App. Ariz. Certiorari denied.

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


text:
    No. 90-503.
    Davis v. AT&T Information Systems.
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 90-498.
    South Carolina v. Butler.
   Sup. Ct. S. C. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 90-525.
    Taylor, Commissioner of the Insurance Department for Arkansas, et al. v. First National Bank of Eastern Arkansas.
   C. A. 8th Cir. Motion of American Council of Life Insurance for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 90-5677.
    No. 90-5772.
    No. 90-5873.
    No. 90-5882.
    Clark v. California. Peoples v. Alabama. Petary v. Missouri. Smith v. Missouri.
   Sup. Ct. Cal.;

Ct. Crim. App. Ala.;

Sup. Ct. Mo.; and

Sup. Ct. Mo. Certiorari denied. Reported below: No. 90-5677, 50 Cal. 3d 583, 789 P. 2d 127; No. 90-5772, 565 So. 2d 1177; No. 90-5873, 790 S. W. 2d 243; No. 90-5882, 790 S. W. 2d 241.

Justice Marshall,

dissenting.

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


text:
    No. 90-5577.
    No. 90-5578.
    No. 90-5699.
    Sindram v. Wallin et al., Sindram v. McKenna et al., Sindram v. Montgomery County, Maryland, et al.,
   ante, p. 944;

ante, p. 944; and

ante, p. 948. Petitions for rehearing denied.


text:
    No. 89-1946.
    No. 89-2006.
    No. 89-7477.
    No. 89-7617.
    No. 89-7669.
    No. 89-7699.
    No. 89-7700.
    No. 89-7733.
    No. 89-7746.
    No. 89-7747.
    No. 89-7817.
    No. 89-7847.
    Bergman v. Department of Commerce et al., Roscoe v. United States et al., Adams v. Dugger, Secretary, Florida Department of Corrections, et al., Brewer v. Ohio, Martin v. United States Department of Education et al., McColpin v. Owens, Martin v. Farnan, Conley v. Johnson, Skeeter v. City of Norfolk et al., Snell v. City and County of Denver et al., Martin v. Farnan, Sindram v. N. Richard Kimmel Properties et al., Sindram v. Washington Suburban Sanitary Commission, Lewis v. Vasquez, Warden, Fordham v. Office of Personnel Management, Moeller v. United States, Atwal v. City of Riverside, Guzman v. Flickinger, Ganey v. Chester, In re McKnight, Sindram v. Garabedi, Sindram v. Steuben County, New York, et al., Shipes v. Galley, Warden, et al., Burger v. Zant, Warden, Sindram v. Consumer Protection Commission of Prince George’s County et al., Sindram v. Abrams et al., Guaracino v. Sullivan, Secretary of Health and Human Services, Sindram v. Ryan et al., Sindram v. Sweeney et al., Lyle v. Jabe, Warden,
   ante, p. 820;

ante, p. 823;

ante, p. 828;

ante, p. 881;

ante, p. 835;

ante, p. 836;

ante, p. 836;

ante, p. 837;

ante,

p. 838;

ante, p. 838;

ante, p. 841;

ante, p. 843;

No. 89-7848.

No. 89-7865.

No. 90-150.

No. 90-216.

No. 90-227.

No. 90-5021.

No. 90-5169.

No. 90-5218.

No. 90-5335.

No. 90-5351.

No. 90-5354.

No. 90-5356.

No. 90-5371.

No. 90-5373.

No. 90-5409.

No. 90-5410.

No. 90-5456.

No. 90-5684.

ante, p. 843;

ante, p. 844;

ante, p. 852;

ante, p. 855;

ante, p. 855;

ante, p. 857;

ante, p. 864;

ante, p. 806;

ante, p. 872;

ante, p. 873;

ante, p. 873;

ante, p. 908;

ante, p. 874;

ante, p. 874;

ante, p. 875;

ante, p. 901;

ante, p. 903; and

ante, p. 906. Petitions for rehearing denied.

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


text:
    No. 90-5374.
    Sindram v. Nissan Motor Corp. et al.,
   ante, p. 891. Petition for rehearing denied.

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


text:
    November 15, 1990
    No. A-370 (90-767).
    Cable News Network, Inc., et al. v. Noriega et al.
   C. A. 11th Cir. Application for stay of orders of the United States District Court for the Southern District of Florida, presented to Justice Kennedy and referred to the Court. Respondents are directed to file with the Clerk of the Court responses to the application for stay and petition for writ of certiorari, together with proof of service, on or before noon, Saturday, November 17, 1990. Responses may be filed in typewritten form to be replaced with copies prepared in conformity with Rule 33 as soon as possible thereafter.


text:
    November 16, 1990
    No. A-360.
    Clark v. Dugger, Secretary, Florida Department of Corrections.
   Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, denied.

Justice Marshall,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 231 (1976), I would grant the application for stay of execution in order to give the applicant time to file a petition for writ of certio-rari and would grant the petition and vacate the death sentence in this case.


text:
    November 18, 1990
    No. A-377.
    Clark v. Florida.
   Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, denied.

Justice Marshall,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 231 (1976), I would grant the application for stay of execution in order to give the applicant time to file a petition for writ of certio-rari and would grant the petition and vacate the death sentence in this case.


text:
    No. A-378.
    Clark v. Dugger, Secretary, Florida Department of Corrections.
   Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, denied.

Justice Marshall,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 231 (1976), I would grant the application for stay of execution in order to give the applicant time to file a petition for writ of certio-rari and would grant the petition and vacate the death sentence in this case.


text:
    No. 90-767 (A-370).
    Cable News Network, Inc., et al. v. Noriega et al.
   C. A. 11th Cir. Application to stay restraining orders of the United States District Court for the Southern District of Florida, presented to Justice Kennedy, and by him referred to the Court, denied. Certiorari denied.

Justice Marshall,

with whom Justice O’Connor joins,

dissenting.

The issue raised by this petition is whether a trial court may enjoin publication of information alleged to threaten a criminal defendant’s right to a fair trial without any threshold showing that the information will indeed cause such harm and that suppression is the only means of averting it. The District Court in this case entered an order enjoining petitioner Cable News Network (CNN) from broadcasting taped communications between respondent Manuel Noriega, a defendant in a pending criminal proceeding, and his counsel. United States v. Noriega, 752 F. Supp. 1032 (1990). The court entered this order without any finding that suppression of the broadcast was necessary to protect Noriega’s right to a fair trial, reasoning that no such determination need be made unless CNN surrendered the tapes for the court’s inspection. The Court of Appeals affirmed this conclusion. 917 F. 2d 1543 (1990).

In my view, this case is of extraordinary consequence for freedom of the press. Our precedents make unmistakably clear that ‘“[a]ny prior restraint on expression comes to this Court with a “heavy presumption” against its constitutional validity,”’ and that the proponent of this drastic remedy “ ‘carries a heavy burden of showing justification for [its] imposition.’” Nebraska Press Assn. v. Stuart, 427 U. S. 539, 558 (1976), quoting Organization for a Better Austin v. Keefe, 402 U. S. 415, 419 (1971) (citations omitted); accord, New York Times Co. v. United States, 403 U. S. 713, 714 (1971) (per curiam). I do not see how the prior restraint imposed in this case can be reconciled with these teachings. Even more fundamentally, if the lower courts in this case are correct in their remarkable conclusion that publication can be automatically restrained pending application of the demanding test established by Nebraska Press, then I think it is imperative that we reexamine the premises and operation of Nebraska Press itself. I would grant the stay application and the petition for certiorari.


text:
    November 20, 1990
    No. 90-422.
    Keller, as Trustee for the Liquidation of Blinder, Robinson & Co., Inc. v. Walford et al.
   Ct. App. Colo. Certiorari dismissed under this Court’s Rule 46.


text:
    No. 90-6166 (A-351).
    Mapes v. Ohio.
   Ct. App. Ohio, Cuya-hoga County. Application for stay of execution of sentence of death, presented to Justice Stevens, and by him referred to the Court, denied. Certiorari denied.

Justice Marshall,

dissenting.

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


text:
    November 26, 1990
    No. 90-5375.
    Ellis v. Oklahoma.
   Ct. Crim. App. Okla. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Grady v. Corbin, 495 U. S. 508 (1990).


text:
    No.-.
    Powell v. Martin Marietta Energy Systems, Inc.
   Motion to direct the Clerk to file out-of-time application for extension of time within which to file petition for writ of certiorari denied.


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


text:
    No. A-363.
    Hunter v. McKeithen, Secretary of State of Louisiana, et al.
   Application for injunction and stay pend-

ing appeal from the United States District Court for the Western District of Louisiana, presented to Justice Scalia, and by him referred to the Court, denied.

Justice Marshall and Justice Stevens would grant the application.


text:
    No. D-692.
    In re Disbarment of Kalk.
   Joseph Kalk, of Cleveland, Ohio, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on April 4, 1988 [485 U. S. 984], is hereby discharged.


text:
    No. D-919.
    In re Disbarment of Nichols.
    [For earlier order herein, see 497 U. S. 1045.]
   Disbarment entered.


text:
    No. D-952.
    In re Disbarment of Porter.
   It is ordered that John W. Porter, Jr., of San Diego, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-953.
    In re Disbarment of Kanarek.
   It is ordered that Irving Alan Kanarek, of Santa Ana, 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-954.
    In re Disbarment of Dohe.
   It is ordered that Virgil D. Dohe, of Aurora, Colo., 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. 111,
    Orig.
    Delaware v. New York.
   Motion of Alaska and Vermont for leave to file complaint in intervention referred to the Special Master. Motion of Maryland for leave to file complaint in intervention referred to the Special Master. [For earlier order herein, see, e. g., ante, p. 918.]


text:
    No. 90-113.
    No. 90-114.
    Clinchfield Coal Co. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al.; and Consolidation Coal Co. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, et al.
   C. A. 4th Cir. [Certiorari granted, ante, p. 937.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 89-1948.
    Encore Associates, Inc., et al. v. Shiner et ux.,
   ante, p. 820. Motion of respondents for damages denied.

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


text:
    No. 90-143.
    Connecticut et al. v. Doehr.
   C. A. 2d Cir. [Certiorari granted, ante, p. 809.] Motion of Connecticut Bankers Association et al. for leave to file a brief as amici curiae granted.


text:
    No. 90-549.
    Wharton et al. v. Dube.
   C. A. 2d Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 90-5319.
    McNeil v. Wisconsin.
   Sup. Ct. Wis. [Certio-rari granted, ante, p. 937.] Motion for appointment of counsel granted, and it is ordered that Gary M. Luck, Esq., of Milwaukee, Wis., be appointed to serve as counsel for petitioner in this case.


text:
    No. 90-5891.
    In re Geurin.
   Petition for writ of mandamus denied.


text:
    No. 90-6085.
    In re Douglass.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 90-50.
    Gregory et al., Judges v. Ashcroft, Governor of Missouri.
   C. A. 8th Cir. Certiorari granted.


text:
    No. 90-350.
    Farrey, fka Sanderfoot v. Sanderfoot.
   C. A. 7th Cir. Certiorari granted.


text:
    No. 90-89.
    International Primate Protection League et al. v. Administrators of Tulane Educational Fund et al.
   C. A. 5th Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 90-149.
    Michigan v. Lucas.
   Ct. App. Mich. Motion of respondent for leave to proceed informa pauperis granted. Cer-tiorari granted.


text:
    No. 89-7731.
    Sommer v. Sullivan, Secretary of Health and Human Services.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7826.
    Turner v. District Board of Trustees of Miami-Dade Community College.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-90.
    Hughes v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-181.
    Migdaleck v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 90-196.
    State Salvage, Inc., et al. v. Superior Court of California, County of Los Angeles (Van de Kamp, Attorney General of California, Real Party in Interest).
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 90-201.
    No. 90-202.
    Colonial Village, Inc. v. Spann et al.; and Mobil Land Development Corp. v. Spann et al.
   C. A. D. C. Cir. Certiorari denied. Reported below: 283 U. S. App. D. C. 216, 899 F. 2d 24.


text:
    No. 90-206.
    Backiel v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-270.
    Brandt et al. v. Chalkboard, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-309.
    Hart et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-354.
    Frey et al. v. Reilly, Administrator, Environmental Protection Agency.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-361.
    Kenrich Petrochemicals, Inc. v. National Labor Relations Board.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-374.
    Downs v. Cavazos, Secretary, Department of Education, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-376.
    Gordon v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-379.
    Fisher et ux. v. Commissioner of Internal Revenue.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-395.
    Endell, Commissioner, Alaska Department of Corrections v. Smith.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-405.
    Gower, Trustee v. Farmers Home Administration.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-436.
    Daniels et al. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-476.
    Wyeth-Ayerst Laboratories Division of American Home Products Corp. v. Graham, an Infant Under the Age of Eighteen who Sues by her Parents, Guardians, and Next Friends, Graham et ux.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-517.
    Hinshaw Music, Inc., et al. v. Dawson.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-519.
    Hirsch v. Oakeley Vaughan Underwriting, Ltd., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-521.
    Comora et ux. v. Radell et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-523.
    Nicolle-Wagner et al. v. County of Hawaii.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 90-527.
    Brower’s Moving & Storage, Inc. v. Benson et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 90-531.
    Woods v. Rosenberg, Judge, United States District Court for the Western District of Pennsylvania, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-532.
    Banks v. Sterling Merchandise, Inc., et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-534.
    Waller v. Provident Life & Accident Insurance Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 90-536.
    Gard et al. v. Wisconsin State Elections Board et al.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 90-541.
    Rupert v. Gravlee et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 90-542.
    American Medical Assn. v. Wilk et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 90-544.
    Louisiana Patient’s Compensation Fund v. Stuka et ux.
   Sup. Ct. La. Certiorari denied.


text:
    No. 90-545.
    Aziz v. CTA.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 90-554.
    Thomas v. Garrett Corp.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 90-556.
    Daley et al. v. City of Hartford.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 90-561.
    Toupal v. Toupal.
   Ct. App. N. M. Certiorari denied.


text:
    No. 90-562.
    Getz v. Getz.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 90-564.
    Morgan v. ANR Freight System, Inc.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 90-565.
    Krizak et ux. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 90-566.
    Humenik v. Owens-Corning Fiberglas Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 90-568.
    Crisp et ux. v. Rubin, Trustee.
   C. A. 8th Cir. Certiorari denied.