text:
    No. 89-156.
    Pennsylvania Department of Public Welfare et al. v. Davenport et ux.
   C. A. 3d Cir. [Certiorari granted, ante, p. 808.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument denied.


source: Caselaw Access Project

license: Public Domain

text:
    No. 89-243.
    Eli Lilly & Co. v. Medtronic, Inc.
   C. A. Fed. Cir. [Certiorari granted, ante, p. 889.] Motion of Neuromedical Technologies, Inc., for leave to file a brief as amicus curiae granted.

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


text:
    No. 89-255.
    United States v. Energy Resources Co., Inc., et al.
   C. A. 1st Cir. [Certiorari granted, ante, p. 963.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 89-579.
    Charter Co. v. Certified Class in the Charter Securities Litigation et al.
   C. A. 11th Cir. Motion of the parties to defer consideration of petition for writ of certiorari granted.


text:
    No. 89-5884.
    Miller v. Hall.
   Ct. App. Cal., 2d App. Dist. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until January 2, 1990, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Brennan, Justice Marshall, and Justice Stevens,

dissenting.

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


text:
    No. 89-656.
    In re Gabriel International, Inc.
   Petition for writ of mandamus denied.


text:
    No. 89-742.
    Lynaugh, Director, Texas Department of Corrections v. Youngblood.
   C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 88-7595.
    Chambless et al. v. United States; and Diaz v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 869 F. 2d 822 (first case).


text:
    No. 89-193.
    District No. 1, Pacific Coast District, Marine Engineers’ Beneficial Assn., et al. v. Finnie.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 89-387.
    Poss et al. v. Howard et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-454.
    Amoco Production Co. v. Lujan, Secretary of the Interior, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-455.
    Cloud v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-471.
    Constant v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-475.
    Peat Marwick Main & Co. v. Roberts et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-488.
    Sepulveda et al. v. Pacific Maritime Assn. et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-496.
    Stich v. United States District Court for the Eastern District of California (Jensen, Judge, Superior Court of California, Solano County, et al., Real Parties in Interest).
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-551.
    Moor v. City of Auburn Hills et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-573.
    Bob Herbert & Associates, Inc. v. King Manufacturing & Sales, Inc.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-623.
    Avila v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 89-625.
    Hill v. Florida Bar.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 89-627.
    Stanfield v. Horn et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-630.
    City of Kilgore, Texas v. Moore.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-632.
    GK Trucking Corp. et al. v. Lacina et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-634.
    Central States, Southeast and Southwest Areas Pension Fund v. Banner Industries, Inc., et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-636.
    Barrett, dba Barrett Outdoor Communications v. Burns, Commissioner of Transportation of Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 89-642.
    Columbus-McKinnon, Inc. v. Gearench, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-643.
    Golub v. Hydra Offshore, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-646.
    Duncan v. Immigration and Naturalization Service et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-683.
    Waterhouse v. Rodriguez, Chairman, New York State Board of Parole, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-687.
    Clark v. Iowa.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 89-714.
    Powell et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-718.
    Martel v. Talbot et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-719.
    United States v. Nofziger.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-730.
    Dietrick et ux. v. Commissioner of Internal Revenue.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-765.
    Whitfield v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5198.
    Anderson v. Washington.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 89-5540.
    Haines et al. v. Wisconsin.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 89-5569.
    Bucey v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5578.
    Thompson v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 89-5591.
    Luten v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5605.
    Anderson et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5637.
    Pastor v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5684.
    Abdul-Akbar v. Fowler et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5732.
    Watson v. Jennings et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5789.
    Gibson v. United States Army et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5815.
    Tripati v. Federal Deposit Insurance Corporation.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5821.
    McKeever v. Block et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5838.
    Bout v. Brown et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5857.
    Hoskins v. Vasquez, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5899.
    Jarrett v. Minute Man, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5907.
    Jackson v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5917.
    Noe v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5918.
    Henderson v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 89-5929.
    Delay v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5939.
    Jenkins v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5941.
    Weakley v. Indiana.
   Ct. App. Ind. Certiorari denied.


text:
    No. 89-5945.
    Lipscomb v. Carothers, Superintendent, Yukon Kuskokwim Correctional Center.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5966.
    Hartog v. Iowa.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 89-5967.
    Harris v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5968.
    Lawse v. Corry et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5988.
    Abadie et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


author: Justice Brennan,

text:
    No. 88-7384.
    Sorola v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.

Justice Brennan,

with whom Justice Marshall joins,

dissenting.

Petitioner, Joe Sorola, was indicted for capital murder under Tex. Penal Code Ann. § 19.03(a)(2) (Supp. 1988-1989). At trial, the State announced in open court that it would not seek the death penalty and jury selection proceeded as if the death penalty was not at issue. As the lower court explained:

“The record reflects that following the jury’s decision that [Sorola] was guilty of capital murder, the jury was sent back to the jury room. Outside the presence of the jury, the trial court, the State, and [Sorola] agreed that because the State had waived the death penalty in this case, the proper procedure was to have the court assess punishment. The trial court then found [Sorola] guilty of capital murder and sentenced him to life imprisonment in the Texas Department of Corrections. Thereafter without objection, the court informed the parties he was going to release the jury panel.” 674 S. W. 2d 809, 810 (Tex. App. 1984).

Petitioner appealed his conviction and sentence. The Texas Court of Criminal Appeals found that under state law, the State cannot waive its right to seek the death penalty, and a defendant cannot waive the right to a jury’s assessment of punishment. 693 S. W. 2d 417, 419 (1985). Upon remand for a new trial, petitioner filed an application for writ of habeas corpus arguing that the Double Jeopardy Clause barred the State from seeking the death penalty if he were once again found guilty of capital murder on retrial. The Texas courts rejected his claim and he now seeks certiorari. 769 S. W. 2d 920, 926-928 (Tex. Crim. App. 1989). Because I believe the Double Jeopardy Clause bars the State from subjecting petitioner to the death penalty on retrial, I would grant the petition and reverse the Texas Court of Criminal Appeals.

I

In Bullington v. Missouri, 451 U. S. 430 (1981), this Court held that the Double Jeopardy Clause prohibits the State from subjecting a defendant who received a life sentence in his first sentencing proceeding to the possibility of a death sentence on retrial after reversal of his conviction or sentence. The Court concluded that because the capital sentencing proceeding “in all relevant respects was like the immediately preceding trial on the issue of guilt or innocence,” id., at 438, the jury’s conclusion that the evidence did not support the death penalty constituted an acquittal of death. Id., at 445. In Arizona v. Rumsey, 467 U. S. 203, 211 (1984), the Court made clear that the fact that the acquittal resulted from an error of law did not deprive it of finality under the Double Jeopardy Clause.

There should be no doubt that Bullington and Rumsey apply to capital sentencing determinations made by Texas juries. Thus if a Texas jury had determined that petitioner deserved a life sentence, this case would require a straightforward application of Bullington and Rumsey. In this case, the life sentence was imposed by the trial judge after the State waived the right to seek the death penalty. But this difference is of no significance for double jeopardy purposes because the form of the judicial action does not determine whether it constitutes an acquittal. Rather, the determination turns on “whether the ruling of the judge, whatever its label, actually represents a resolution, correct or not, of some or all of the factual elements of the offense charged.” United States v. Martin Linen Supply Co., 430 U. S. 564, 571 (1977). In the context of capital sentencing, “Bullington indicates that the proper inquiry is whether the sentencer or reviewing court has ‘decided that the prosecution has not proved its case’ that the death penalty is appropriate. Poland v. Arizona, 476 U. S. 147, 155 (1986) (emphasis in original).

The judge’s imposition of a life sentence cannot be characterized as anything other than an acquittal of death. The trial judge imposed a sentence of life imprisonment because the State waived its right to seek the death penalty. Thus, there was absolutely no evidence in the record to support the death penalty. That the judge’s decision was based on the complete lack of evidence rather than the existence of insufficient evidence should strengthen petitioner’s claim to double jeopardy protection. A core purpose of the Double Jeopardy Clause is to ensure that the state does not get a second opportunity to prove its case after failing to do so initially. This principle is equally applicable in the capital sentencing context: “[hjaving received ‘one fair opportunity to offer whatever proof it could assemble,’ the State is not entitled to another.” Bullington, supra, at 446 (quoting Burks v. United States, 437 U. S. 1, 16 (1978)).

To be sure, Bullington and Rumsey relied on the fact that the sentencer had determined after a trial-like hearing that the evidence was insufficient to impose the death penalty and in this case there was no sentencing hearing. But the significance of the presence of a trial-like proceeding was that it distinguished a capital case from the noncapital sentencing context, where the imposition of a particular sentence is not an implied acquittal of a greater sentence. See Bullington, 451 U. S., at 439-441. The Court justified an exception to the general rule because of the unique features of the capital sentencing scheme where the state bears the burden of proving, often beyond a reasonable doubt, that death is the appropriate penalty. Ibid. As noted, the Texas capital punishment statute requires the State to prove certain facts beyond a reasonable doubt. See Tex. Code Crim. Proc. Ann., Art. 37.071 (Vernon Supp. 1988-1989). Thus, the prosecutor’s decision to waive the death penalty makes this case more like Bullington than a decision to seek a specific sentence in a noncapital sentencing context; it reflects the prosecutor’s conclusion that there was insufficient evidence to justify the death penalty. See Bullington, supra, at 441 (use of beyond-reasonable-doubt standard reflects society’s belief that defendant’s interests are so great that State should bear the risk of error). The fact that the prosecutor responsibly acknowledges the weakness of the case should not lessen the effect of the trial judge’s imposition of a life sentence. A contrary conclusion would mean that the Double Jeopardy Clause protects the defendant only if the prosecutor, knowing that the case is weak, actually presents it to the jury and it ratifies that initial judgment by rejecting the death penalty. We do not have such a rule in the guilt phase. See United States v. Martin Linen Supply Co., supra, at 574 (no difference for double jeopardy purposes between entry of judgment of acquittal before or after submission to jury); Smalis v. Pennsylvania, 476 U. S. 140, 144-145 (1986) (granting demurrer at end of state’s case constitutes acquittal even if based on erroneous legal ruling). I see no reason to require such a rule at the sentencing phase.

Finally, the fact that the trial judge did not have the authority under state law to allow the State to waive the death penalty is irrelevant for purposes of the Double Jeopardy Clause. We have consistently held that “the fact that ‘the acquittal may result from erroneous evidentiary rulings or erroneous interpretations of governing legal principles’ . . . affects the accuracy of that determination, but it does not alter its essential character.” United States v. Scott, 437 U. S. 82, 98 (1978) (quoting id., at 106 (Brennan, J., dissenting)); see also Rumsey, 467 U. S., at 211. Moreover, the trial judge’s actions in this case are not distinguishable from those in Fong Foo v. United States, 369 U. S. 141 (1962) (per curiam). In that case, the District Court ordered the jury to enter judgments of acquittal as to all the defendants based on insufficient evidence and prosecutorial misconduct. The Court held that even if the trial judge’s actions were improper, the protection of the Double Jeopardy Clause attached to the acquittal. Id., at 143. If the judgment in Fong Foo constituted an acquittal, the life sentence in this case must constitute an acquittal of death.

II

Even if I did not conclude that the Double Jeopardy Clause prevents the imposition of the death penalty on resentencing, my belief that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U. S. 153, 227 (1976) (Brennan, J., dissenting), would compel me to vacate the judgment below and remand for resentencing on the condition that the State be precluded from imposing the death sentence.

       See Tex. Code Crim. Proc. Ann., Art. 35.25 (Vernon 1989) (prescribing voir dire procedure for capital cases in which State has agreed not to seek death penalty). See generally Witherspoon v. Illinois, 391 U. S. 510 (1968).

       Although the Texas courts found reversible error only at the sentencing phase, under Texas law petitioner is entitled to a new trial on both guilt and sentencing. 769 S. W. 2d 920, 923 (Tex. Crim. App. 1989).

       We have jurisdiction under 28 U. S. C. §1257 (1982 ed.) because the judgment rejecting petitioner’s double jeopardy claim is “final.” See Bullington v. Missouri, 451 U. S. 430, 437, n. 8 (1981); see also Abney v. United States, 431 U. S. 651 (1977).

       The Texas capital sentencing scheme has been described in detail elsewhere. See, e. g., Penry v. Lynaugh, 492 U. S. 302, 310-311 (1989). It is sufficient for present purposes to note that the Texas capital sentencing scheme has the same characteristics as the Missouri and Arizona sentencing proceedings that made them comparable to a trial for double jeopardy purposes: (1) the sentencer’s discretion is limited to two options: life or death; (2) the sentencer’s discretion is guided by substantive standards; and (3) the proceeding resembles a trial at which evidence is introduced and in which the State must prove the existence of predicate facts justifying the death penalty beyond a reasonable doubt. Tex. Code Crim. Proe. Ann., Art. 37.071 (Vernon Supp. 1988-1989). See Bullington, supra, at 438; Rumsey, 467 U. S., at 209. Thus “when the [Texas] sentencer imposes a sentence of life imprisonment in a capital sentencing proceeding, it has determined that the prosecutor has failed to prove its case.” Id., at 209-210.

       The Texas Court of Criminal Appeals held that the trial judge’s action did not constitute an acquittal on the merits because the judge made no findings that the death penalty was not justified. This finding is not binding on this Court, for whether a trial judge’s action constitutes an acquittal is a federal question. Justices of Boston Municipal Court v. Lydon, 466 U. S. 294, 321 (1984) (opinion of Brennan, J.). Cf. Crist v. Bretz, 437 U. S. 28, 37-38 (1978). State from waiving death penalty is vestige from era before Gregg v. Georgia, 428 U. S. 153 (1976), and should not be continued). Although this Court cannot review a state court’s interpretation of its own laws, neither may a State adopt a rule which effectively limits a trial judge’s ability to grant an acquittal. Cf. Crist v. Bretz, 437 U. S., at 37-38 (State cannot adopt its own rule about when jeopardy attaches).

       I find it irrational and perhaps unconstitutional for state law to require the parties to proceed with a capital sentencing hearing when both parties agree that the death penalty is inappropriate. A prosecutor’s decision to waive the death penalty rather than burden the defendant, the court, and the jury with a meaningless proceeding should be respected, if not applauded. The Texas law significantly interferes with prosecutorial discretion and raises grave constitutional concerns in a capital sentencing context. It creates institutional pressure on a prosecutor to charge capital murder even if he believes that the death penalty is unwarranted to ensure that the defendant will be sentenced to life. Pressuring a prosecutor to charge capital murder even when he believes the evidence does not support the death penalty increases the risk of arbitrary imposition of the death penalty. Cf. Beck v. Alabama, 447 U. S. 625, 637-638 (1980) (prohibiting jury from considering lesser included offense to capital murder increases arbitrariness by depriving jury of “third option” between acquittal and death penalty).
      I pause to note just how odd the state court’s decision that the prosecutor may not waive the death penalty is. The Texas Court of Criminal Appeals acknowledged that a trial judge has statutory authority to enter a sentence of life imprisonment in several types of cases: (1) when the defendant is a juvenile; (2) when the defendant is found guilty of a lesser included offense; (3) when the jury is unable to answer the questions at the sentencing hearing; and (4) even after the jury imposes a verdict of death, when the trial judge determines that the evidence is insufficient. 769 S. W. 2d, at 927 (discussing statutes). Concluding that state law precludes a trial judge from imposing a life sentence when the prosecutor affirmatively waives the death penalty is especially anomalous when the Texas Criminal Code provides for a special voir dire procedure in capital cases in which the State waives the death penalty. See Tex. Code Crim. Proc. Ann, Art. 35.25 (Vernon 1989) (applicable “in capital eases in which the State’s attorney has announced that he will not qualify the jury for, or seek the death penalty . . .” (emphasis added)). See also 769 S. W. 2d, at 933-936 (Clinton, J., concurring) (arguing that rule prohibiting

       Petitioner was clearly placed in jeopardy as to the sentence: he was indicted for capital murder, the jury was sworn and empaneled, and it convicted him of capital murder. Ibid. The State argues, however, that because petitioner appealed on the issue of the trial judge’s authority to impose a life sentence, the concept of “continuing jeopardy” applies and the State is free to subject him to the death penalty on retrial. See North Carolina v. Pearce, 395 U. S. 711, 719-720 (1969) (when defendant wins reversal of conviction on appeal, “the slate [is] wiped clean” and double jeopardy does not bar imposition of harsher punishment on retrial). This begs the precise question in this case. Because the trial judge’s actions constituted an acquittal, the concept of continuing jeopardy is inapplicable. See Bullington, 451 U. S., at 443 (“[T]he ‘clean slate’ rationale recognized in Pearce is inapplicable whenever a jury agrees or an appellate court decides that the prosecution has not proved its case”); see also Smalis v. Pennsylvania, 476 U. S. 140, 145 (1986) (“continuing jeopardy” inapplicable when trial judge’s ruling constitutes an acquittal). Petitioner’s decision to appeal his sentence cannot transform what was already an acquittal into something less.


text:
    No. 89-450.
    Texas Medical Assn. et al. v. Sullivan, Secretary of Health and Human Services, et al.
   C. A. 5th Cir. Motion of petitioners to strike brief of Blue Cross/Blue Shield of Texas, Inc., denied. Motion of petitioners to defer consideration of petition for writ of certiorari denied. Certiorari denied.


text:
    No. 89-595.
    Ratelle, Warden v. Martin.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 89-650.
    Dugger, Secretary, Florida Department of Corrections, et al. v. Harris.
   C. A. 11th Cir. Certiorari denied.

Justice Brennan,

concurring.

I agree that respondent’s lawyers rendered ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments. Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, see Gregg v. Georgia, 428 U. S. 153, 227 (1976) (dissenting opinion), I would hold that the State is precluded on remand from imposing a sentence of death.


text:
    No. 89-653.
    Gagliardi v. American Telephone & Telegraph Co. et al.
   C. A. 3d Cir. Certiorari denied.

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


text:
    No. 89-654.
    Dean v. Johnson et al.
   C. A. 10th Cir. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 89-5158.
    Ash v. Wilt, Warden, et al.
   C. A. 4th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-5319.
    Franzen v. Deeds, Warden, et al.
   C. A. 9th Cir. Certiorari denied.

Justice White would grant certiorari.


author: Justice Brennan and Justice Marshall,

text:
    No. 89-5795.
    No. 89-5802.
    No. 89-5958.
    Putman v. Zant, Superintendent, Georgia Diagnostic and Classification Center. Holladay v. Alabama. Valerio v. Nevada.
   Super. Ct. Ga., Butts County;

Sup. Ct. Ala.; and

Sup. Ct. Nev. Certiorari denied. Reported below: No. 89-5802, 549 So. 2d 135; No. 89-5958, 105 Nev. 1051, 810 P. 2d 344.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 89-5392.
    No. 89-5532.
    No. 89-5640.
    Cofield v. Adams et al., Laurenco v. Sullivan, Secretary, Department of Health and Human Services, Read v. Prothonotary, New Castle County, Delaware, et al.,
   ante, p. 921;

ante, p. 956; and

ante, p. 943. Petitions for rehearing denied.


text:
    December 13, 1989
    No. 89-536.
    Ponce v. United States.
   C. A. 9th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    December 28, 1989
    No. 89-269.
    Doulin et al. v. City of Chicago.
   C. A. 7th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    No. A-476.
    Chabad et al. v. City of Pittsburgh.
   Motion of City of Pittsburgh to vacate the order entered by Justice Brennan on December 22, 1989, denied.

The Chief Justice, Justice Stevens, and Justice Scalia would grant the motion.


text:
    January 8, 1990
    No. 89-556.
    No. 89-557.
    No. 89-771.
    Louisiana ex rel. Guste, Attorney General of Louisiana v. United States et al.; Board of Supervisors of Southern University and Agricultural and Mechanical College v. United States et al.; and Louisiana ex rel. Roemer, Governor of Louisiana v. United States et al.
   Appeals from D. C. E. D. La. .dismissed for want of jurisdiction. Reported below: 692 F. Supp. 642; 718 F. Supp. 499, 521, and 525.


text:
    No. 89-6061.
    Rawls v. United States.
   Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 89-647.
    City of Idaho Falls, Idaho v. Project 80’s, Inc., et al.
   C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Board of Trustees of State University of N. Y. v. Fox, 492 U. S. 469 (1989).


text:
    No. 89-5991.
    Patterson v. South Carolina.
   Sup. Ct. S. C. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Griffith v. Kentucky, 479 U. S. 314 (1987).


text:
    No.-.
    Brewer v. Oklahoma.
   Motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner granted.


text:
    No.-.
    No.-.
    Fleming v. District Court for the County of El Paso, Colorado, et al.; and Salter v. Goldberg et al.
   Motions to direct the Clerk to file petitions for writs of certiorari out of time denied.


text:
    No.---.
    Ewing v. Maples et al.
   Motion to direct the Clerk to file petition for writ of certiorari out óf time, denied.

Justice Blackmun dissents and would grant the motion.


text:
    No. A-259.
    Fazzini v. Gluch et al.
   Motion to direct the. Clerk to file petition for writ of certiorari out of time denied.,

Justice Blackmun dissents and would-grant the motion.


text:
    No. A-389.
    Rossi v. YMCA of Greater New York.
   Application for stay, addressed to Justice White and referred to the Court, denied.


text:
    No. A-452.
    Pacific Mutual Life Insurance Co. v. Haslip et al.
   Application for stay, presented to Justice Kennedy, and by him referred to the Court, granted, and it is ordered that execution and enforcement of the judgment of the Supreme Court of Alabama, case No. 87-482, is stayed pending the timely filing and disposition of a petition for writ of certiorari. In the event the petition for writ of certiorari is denied, this order terminates automatically. Should the petition for writ of certiorari be granted, this order is to remain in effect pending the issuance of the mandate of this Court. This order is further conditioned upon the supersedeas bond presently posted with the Clerk of the Circuit Court of Jefferson County, Alabama, Civil Action No. CV-82-2453, remaining in effect.


text:
    No. D-824.
    In re Disbarment of Hopp.
   Kenneth H. Hopp, of Yucaipa, Cal., 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 November 6, 1989 [ante, p. 950], is hereby discharged.


text:
    No. 74,
    Orig.
    Georgia v. South Carolina.
   Motion of Georgia for leave to file a rebuttal brief granted. [For earlier order herein, see, e. g., ante, p. 961.]


text:
    No. 88-1323.
    Sullivan, Secretary of Health and Human Services, et al. v. Everhart et al.
   C. A. 10th Cir. [Certiorari granted, 490 U. S. 1080.] Motion of respondents to substitute Doris Everhart as party respondent in place of Thomas Ever-hart, deceased, granted.


text:
    No. 88-1597.
    Board of Education of the Westside Community Schools (Dist. 66) et al. v. Mergens, by and Through her Next Friend, Mergens, et al.
   C. A. 8th Cir. [Certiorari granted, 492 U. S. 917.] Motion of petitioner for leave to file a reply brief out of time granted.


text:
    No. 88-1872.
    No. 88-2074.
    Rutan et al. v. Republican Party of Illinois et al.; and Frech et al. v. Rutan et al.
   C. A. 7th Cir. [Certiorari granted, ante, p. 807.] Motion of North Carolina Professional Fire Fighters Association for leave to file a brief as amicus curiae granted.


text:
    No. 88-1891.
    M & M Construction Co., Inc. v. Great American Insurance Co.,
   ante, p. 801. Motion of appellee for damages denied.


text:
    No. 88-1916.
    Minnesota v. Olson.
   Sup. Ct. Minn. [Certiorari granted, ante, p. 806.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. Motion of Connecticut et al. for leave to participate in oral argument as amici curiae, for divided argument, and for additional time for oral argument denied.


text:
    No. 88-1951.
    United States v. Dalm.
   C. A. 6th Cir. [Certiorari granted, ante, p. 807.] Motion of the Solicitor General to permit Christine Desan Husson, Esq., to present oral argument pro hac vice granted.


text:
    No. 88-1972.
    Illinois v. Perkins.
   App. Ct. Ill., 5th Dist. [Certiorari granted, ante, p. 808.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-7146.
    Whitmore, Individually and as Next Friend of Simmons v. Arkansas et al.
   Sup. Ct. Ark. [Certiorari granted, 492 U. S. 917.] Motion of respondent Arkansas’ counsel to be designated to present oral argument on behalf of both respondents granted. Request for divided argument denied.


text:
    No. 89-61.
    United States v. Ojeda Rios et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 889.] Motion of respondents Ojeda Rios, Diamante, Garcia, Ramos, Claudio, Negron, Carrion, Ruiz, and Osorio for reconsideration of order appointing counsel and to appoint Richard A. Reeve, Esq., to argue the case granted. Motion of respondents Garcia, Ramos, Claudio, Negron, Carrion, and Ruiz for reconsideration of order appointing counsel and to appoint James L. Sultan, Esq., to brief the case denied. The order appointing Margaret P. Levy, Esq., entered December 4, 1989 [ante, p. 990], is vacated. Respondents are directed to file a single brief.


text:
    No. 89-213.
    Pennsylvania v. Muniz.
   Super. Ct. Pa. [Certiorari granted, ante, p. 916.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument denied.


text:
    No. 89-386.
    Port Authority Trans-Hudson Corp. v. Feeney; and Port Authority Trans-Hudson Corp. v. Foster.
   C. A. 2d Cir. [Certiorari granted, ante, p. 932] Motion of Council of State Governments et al. for leave to file a brief as amici curiae granted.


text:
    No. 89-390.
    Pension Benefit Guaranty Corporation v. LTV Corp. et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 932.] Motions of American Society of Pension Actuaries, Armeo et al., and Retired Employees Benefits Coalition, Inc., for leave to file briefs as amici curiae granted.


text:
    No. 89-564.
    Glosemeyer et al. v. Missouri-Kansas-Texas Railroad et al.
   C. A. 8th Cir. Motion of National Association of Reversionary Property Owners for leave to file a brief as amicus curiae granted.


text:
    No. 89-5915.
    Smaczniak v. Internal Revenue Service.
   C. A. 5th Cir. Motion of petitioner for leave to proceed informa pauperis denied. Petitioner is allowed until January 29, 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 Brennan, 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. 89-5894.
    No. 89-5943.
    No. 89-6233.
    In re Morris. In re Manchester. In re Shelton et al.
   C. A. 6th Cir.;

C. A. 3d Cir.; and

C. A. 2d Cir. Petitions for writs of common-law certiorari denied.


text:
    No. 89-6092.
    In re Cyntje.
   Petition for writ of habeas corpus denied.


text:
    No. 89-743.
    No. 89-796.
    In re Hagebush et al.; and In re Polyak.
   Petitions for writs of mandamus denied.


text:
    No. 89-322.
    United Steelworkers of America, AFL-CIO-CLC v. Rawson, Individually and as Guardian ad Litem for Rawson, et al.
   Sup. Ct. Idaho. Certiorari granted, and the parties are directed to adhere to the following briefing schedule: Brief for petitioner must be received by the Clerk on or before February 9, 1990; brief for respondents must be received by the Clerk on or before March 6, 1990; and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.


text:
    No. 89-393.
    Begier, Trustee v. Internal Revenue Service.
   C. A. 3d Cir. Certiorari granted, and the parties are directed to adhere to the following briefing schedule: Brief for petitioner must be received by the Clerk on or before February 9, 1990; brief for respondent must be received by the Clerk on or before March 6, 1990; and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.


text:
    No. 89-542.
    Perpich, Governor of Minnesota, et al. v. Department of Defense et al.
   C. A. 8th Cir. Certiorari granted, and the parties are directed to adhere to the following briefing schedule: Brief for petitioners must be received by the Clerk on or before February 9, 1990; brief for respondents must be received by the Clerk on or before March 6, 1990; and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.


text:
    No. 89-453.
    Metro Broadcasting, Inc. v. Federal Communications Commission et al.
   C. A. D. C. Cir. Motion of Competitive Enterprise Institute for leave to file a brief as amicus curiae granted. Certiorari granted limited to Questions 1 and 2 presented by the petition, and the parties are directed to adhere to the following briefing schedule: Brief for petitioner must be received by the Clerk on or before February 9, 1990; briefs for respondents must be received by the Clerk on or before March 6, 1990; and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.


text:
    No. 89-535.
    Sullivan, Secretary of Health and Human Services v. Stroop et al.
   C. A. 4th Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari granted, and the parties are directed to adhere to the following briefing schedule: Brief for petitioner must be received by the Clerk on or before February 9, 1990; brief for respondents must be received by the Clerk on or before March 6, 1990; and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.


text:
    No. 89-700.
    Astroline Communications Company Limited Partnership v. Shurberg Broadcasting of Hartford, Inc., et al.
   C. A. D. C. Cir. Motion of Congressional Black Caucus et al. for leave to file a brief as amici curiae granted. Certiorari granted, and the parties are directed to adhere to the following briefing schedule: Brief for petitioner must be received by the Clerk on or before February 9, 1990; briefs for respondents must be received by the Clerk on or before March 6, 1990; and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.


text:
    No. 89-5691.
    Hughey v. United States.
   C. A. 5th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, and the parties are directed to adhere to the following briefing schedule: Brief for petitioner must be received by the Clerk on or before February 9, 1990; brief for respondent must be received by the Clerk on or before March 6, 1990; and a reply brief, if any, must be received by the Clerk on or before March 16, 1990.


text:
    No. 89-222.
    Piraino v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 89-278.
    Kennison et al. v. Holcombe.
   Ct. App. S. C. Certiorari denied.


text:
    No. 89-303.
    Texas v. Smith.
   Ct. App. Tex., 1st Dist. Certiorari denied.


text:
    No. 89-312.
    Syracuse Peace Council et al. v. Federal Communications Commission et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-317.
    Wall v. United States et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-346.
    Alaska Airlines, Inc., et al. v. Department of Revenue of Oregon.
   Sup. Ct. Ore. Certiorari denied.


text:
    No. 89-352.
    Silverstein v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 89-366.
    Women Involved in Farm Economics v. Yeutter, Secretary of Agriculture, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-407.
    Weidner et al. v. Alaska et al.
   Ct. App. Alaska. Certiorari denied.


text:
    No. 89-424.
    Missouri v. Bulloch.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 89-433.
    Director of Revenue of Missouri v. Hackman et ux.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 89-480.
    White v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-484.
    Fairprene Industrial Products Co., Inc. v. National Labor Relations Board.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-497.
    Harris County Flood Control District et al. v. Johnston.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-508.
    United States Can Co. et al. v. International Association of Machinists & Aerospace Workers et al.
   Sup. Ct. Wis. Certiorari denied.


text:
    No. 89-513.
    Fisher v. Krajewski, Judge, Lake County, Indiana County Court.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-514.
    Trinity Coalition, Inc. v. Commissioner, Texas Department of Human Services, et al.
   Ct. App. Tex., 8th Dist. Certiorari denied.


text:
    No. 89-544.
    Curcio et al. v. Boyle, Suffolk County Attorney, et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 89-549.
    Staggs v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-553.
    Guccione v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-558.
    Grey v. First National Bank of Chicago et al.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 89-563.
    Vieux Carre Property Owners, Residents & Associates, Inc. v. Brown et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-565.
    United Transportation Union et al. v. CSX Transportation, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-569.
    Hoodkroft Convalescent Center, Inc., et al. v. New Hampshire Division of Human Services et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-575.
    Harter v. United States et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-597.
    Gregory, Sheriff of Patrick County, Virginia, et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-606.
    Huber v. Leis, Sheriff, Hamilton County, Ohio.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-612.
    Ottaviani et al. v. State University of New York at New Paltz et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-618.
    Bruno et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-657.
    Calabro v. Pennsylvania Workmen’s Compensation Appeal Board (Rockwell International).
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 89-659.
    Electro-Tech, Inc. v. H. F. Campbell Co. et al.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 89-660.
    Engel v. City of Stockton, California, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-661.
    Twentieth Century Fox Film Corp. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-663.
    Mayer v. Chesapeake Insurance Co. Ltd. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-667.
    Loftis v. Los Angeles Unified School District et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-669.
    Goad v. Goad.
   Ct. App. Tex., 6th Dist. Certiorari denied.


text:
    No. 89-670.
    Zapp et al. v. United Transportation Union.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-673.
    Yiamouyiannis v. Thompson et al.
   Ct. App. Tex., 4th Dist. Certiorari denied.


text:
    No. 89-676.
    Pearson et ux. v. Duck.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-678.
    Poling v. Murphy et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-684.
    Sample, Inc. v. Pendleton Woolen Mills, Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-691.
    Tyler et al. v. Berodt et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-692.
    No. 89-805.
    Big Apple Industrial Buildings, Inc., et al. v. Procter & Gamble Co. et al.; and American International Contractors, Inc. v. Procter & Gamble Co. et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 879 F. 2d 10.


text:
    No. 89-693.
    Marine Transport Lines, Inc. v. International Organization of Masters, Mates & Pilots.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-694.
    Electric Power Board of Chattanooga v. Monsanto Co. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-698.
    Leisure v. Missouri.
   Ct. App. Mo., Western Dist. Certiorari denied.


text:
    No. 89-702.
    Champion Mortgage Co. v. Lake Travis Island Ltd.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-703.
    Ewing v. St. Louis Southwestern Railway Co.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 89-708.
    Miami Center Limited Partnership v. Bank of New York.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-710.
    Alaska Diversified Contractors, Inc., et al. v. Lower Kuskokwim School District.
   Sup. Ct. Alaska. Certiorari denied.


text:
    No. 89-712.
    Alabama v. Helms.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 89-713.
    Mor-Flo Industries, Inc., et al. v. State Industries, Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-716.
    Watstein v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-720.
    Avdel Corp. v. Jalil.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-721.
    Averbach v. Rival Manufacturing Co.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-724.
    South Dakota et al. v. Kansas City Southern Railway Co. et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-726.
    Acrison, Inc. v. Hitesman.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-731.
    Frank Rosenberg, Inc. v. Tazewell County et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-732.
    Hanover Insurance Co. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-734.
    Bohanon v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 89-737.
    Cook v. Supreme Court of Indiana et al.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 89-738.
    Agipcoal USA, Inc. v. International Union, United Mine Workers of America, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-740.
    Miura et al. v. Western Union International, Inc.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-745.
    City of Rockwall, Texas v. McKee.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-750.
    Wills v. Department of the Navy.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-754.
    Radix Group International, Inc. v. McGriff Treading Co., Inc.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-755.
    Harness v. Hartz Mountain Corp.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-762.
    No. 89-776.
    Neneman v. Tassin; and Neneman v. Durant, Administratrix of the Estate of Durant, et al.
   C. A. 10th Cir. Certiorari denied. Reported below: 884 F. 2d 1350.


text:
    No. 89-766.
    Slaughter v. AT&T Information Systems, Inc.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-768.
    Mathes, aka Mathews v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-769.
    Texas Apparel Co. v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-770.
    SMEC, Inc. v. Datascope, Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-772.
    Hoang v. Office of Personnel Management et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-774.
    McCarty v. Department of the Army.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-788.
    Venus Independent School District et al. v. Shelly C., by Next Friends, Shelbie C. et ux.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-790.
    Eimann et al. v. Soldier of Fortune Magazine, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-792.
    Olympia Brewing Co. v. Singer, Successor in Interest to Troster, Singer & Co.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-795.
    West v. Internal Revenue Service et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-806.
    Sparks v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 89-808.
    Sutton et al. v. National Intergroup, Inc., et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-810.
    Doe, a Minor, by and Through his Parent and Next Friend, Doe v. Sumner County Board of Education.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-818.
    Jaffe v. Michigan Department of Treasury.
   Ct. App. Mich. Certiorari denied.


text:
    No. 89-820.
    Kindig v. Pan American World Airways, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-822.
    Ocoro v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 89-824.
    Gagliardi et al. v. Duquesne Light Co. et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-830.
    Martin v. Commissioner of Internal Revenue.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-832.
    Peel v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 89-833.
    Gagliardi v. Sorick et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-840.
    Pulliam v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-842.
    Brock v. Hunsicker et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-856.
    Brown v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-892.
    Travis v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-895.
    Downing et al. v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5237.
    J. L. v. Vermont Department of Social and Rehabilitation Services.
   Sup. Ct. Vt. Certiorari denied.


text:
    No. 89-5325.
    Hillery v. California.
   Ct. App. Cal, 6th App. Dist. Certiorari denied.


text:
    No. 89-5398.
    Johnston v. Acting Commissioner of Social Security.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5430.
    Snyder v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5434.
    Staten v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5437.
    No. 89-5831.
    Thomas v. United States; and Bell v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 872 F. 2d 431.


text:
    No. 89-5482.
    Wilkins v. McDaniel.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5539.
    Gudin v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5552.
    Barnthouse v. Colorado.
   Sup. Ct. Colo. Certiorari denied.


text:
    No. 89-5553.
    Braggs v. United States Army Corps of Engineers et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5614.
    Hopkins v. Arizona Department of Real Estate et al.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 89-5632.
    Amos v. Illinois (two cases).
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 89-5676.
    Lee v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5749.
    King v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5753.
    Davis v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5825.
    Quarles v. Champion International Corp.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 89-5832.
    Perry v. Ball, Secretary of the Navy.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5865.
    Spychala v. Borg, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5868.
    Harris v. Davis et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5869.
    Assenato v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 89-5870.
    Williams v. Bernard et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5874.
    Frank v. Brookhart, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5875.
    Hudson v. California.
   Ct. App. Cal., 6th App. Dist. Certiorari denied.


text:
    No. 89-5876.
    Coleman v. Delaware.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 89-5879.
    Thakkar v. Martin.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5881.
    Patterson v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5882.
    West v. Jones, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5888.
    Hutchinson v. Justice Court of Needles Judicial District (California, Real Party in Interest).
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 89-5895.
    Dawkins v. Nabisco Brands, Inc., et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5902.
    Westlake v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5903.
    Boddie v. American Broadcasting Cos., Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5913.
    Young v. St. Louis University et al.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 89-5920.
    Murray v. Puckett, Superintendent, Mississippi State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5922.
    Shults v. Hawaii.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 89-5923.
    Gambrill v. Prisoner Review Board.
   App. Ct. Ill., 5th Dist. Certiorari denied.


text:
    No. 89-5926.
    Sutton v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5927.
    Hassan v. New Jersey et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5931.
    Friend v. Superior Court of California, County of Alameda (California, Real Party in Interest).
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 89-5933.
    Taylor v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5936.
    Shaw v. Woodard et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5940.
    Thomas v. Cowley, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5944.
    Smith v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5946.
    Jackson v. Horowitz.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5950.
    Lebbos v. State Bar of California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 89-5951.
    Gainer v. Doe et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5954.
    Stroop et al. v. Sullivan, Secretary of Health and Human Services, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5955.
    Bynum v. Bureau of Prisons.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5956.
    Bynum v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5964.
    Martinez v. Tansy, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5969.
    Lavrick v. New York.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 89-5970.
    Gainer v. Kramer et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5972.
    Murray v. Puckett, Superintendent, Mississippi State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5973.
    Upshaw v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5974.
    Smith v. Alabama et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5975.
    Sobamowo v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5976.
    Kephart v. Goodson et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5977.
    Rochon v. Louisiana State Penitentiary Inmate Account et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5978.
    Stokes v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 89-5979.
    Ferguson v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5980.
    Donalson v. Georgia.
   Ct. App. Ga. Certiorari denied.


text:
    No. 89-5982.
    Soto Alvarez v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5983.
    Chase v. Oregon.
   Ct. App. Ore. Certiorari denied.


text:
    No. 89-5986.
    Sparks v. Puckett, Superintendent, Mississippi State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5987.
    Chears v. McWherter, Warden.
   Ct. Crim. App. Tenn. Certiorari denied.


text:
    No. 89-5992.
    Watson v. Risley, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5993.
    Teasley v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5994.
    Studnicka v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5995.
    Riggins v. Butler, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5996.
    Rahimi-Ardebili v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6000.
    Small v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6001.
    Hayes v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6004.
    Rodman v. Dalton et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6007.
    Wheat v. Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 89-6008.
    McNeal v. Rdo, Superintendent, Green Meadow Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6009.
    Rubin v. Thresholds, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-6010.
    Newman v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6012.
    D’Souza v. Maloney et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6014.
    Mazo-Suarez v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6016.
    Ramirez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6018.
    Reuter v. California.
   Ct. App. Cal., 6th App. Dist. Certiorari denied.


text:
    No. 89-6020.
    Lawrence v. Texas Employment Commission.
   Ct. App. Tex., 3d Dist. Certiorari denied.


text:
    No. 89-6021.
    Pollard v. Smith, Sheriff, Bell County, Texas, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6022.
    Lee v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6023.
    Martin v. Tate.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6025.
    Williams v. Lecureux, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6029.
    Long v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6031.
    Demos v. Riveland, Secretary, Washington Department of Corrections.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 89-6032.
    Darud v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6033.
    LaBayre v. Iowa.
   Sup. Ct. Iowa. Certiorari denied.


text:
    No. 89-6036.
    Cline v. Seabold, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6037.
    Jackson v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6038.
    Jones v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6041.
    Wion v. Wilson, Detective, Midland City Police Department.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6048.
    Lopez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6050.
    Abdollahi v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6051.
    Paige v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6052.
    Jefferson v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 89-6055.
    Ryan v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6057.
    Whiting v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6058.
    Hayes v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6059.
    Gilyard v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6063.
    Tharpe v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6064.
    Nord v. Lincoln County Circuit Court.
   Sup. Ct. Ark. Certiorari denied.


text:
    No. 89-6065.
    Bilal v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6066.
    Visser v. United States District Court for the Central District of California (Wells Fargo Bank, Real Party in Interest).
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6069.
    Charles v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6071.
    Clark v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6074.
    Garcia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6075.
    Griffin v. Prescott.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 89-6079.
    Jolivet v. Barnes, Warden.
   Sup. Ct. Utah. Certiorari denied.


text:
    No. 89-6084.
    DeBardeleben v. O’Connor, United States District Judge.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-6090.
    Mason v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6094.
    Lang v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6096.
    Vaughn v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6097.
    Paige v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6100.
    Gometz v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-6103.
    Green v. Massachusetts.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-6106.
    Demos v. United States District Court for the Western District of Washington.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6109.
    Butler v. DuCharme, Superintendent, Washington State Reformatory.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6111.
    Bynum v. Wood.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 89-6112.
    May v. Pro-Guard, Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6115.
    Barber v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6118.
    Alston v. Leeke, Commissioner, South Carolina Department of Corrections, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6122.
    DeLucia v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6128.
    Camacho v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6130.
    Gaito v. Petsock, Superintendent, State Correctional Institution (and Diagnostic and Classification Center) at Pittsburgh, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6132.
    Branner v. Frederick County Jail et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6133.
    Fotovich v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6135.
    Cartwright v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6136.
    Brown v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6138.
    Noble v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6141.
    Parson v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6145.
    Dixon v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6150.
    Barany v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6151.
    Rodriguez-Amparo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6153.
    Cambrell v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6155.
    Ross v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6161.
    White v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6183.
    Vera v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6190.
    Restrepo v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6201.
    Eagle v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6202.
    Dorsey v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6204.
    Senk v. Zimmerman, Superintendent, State Correctional Institution (and Diagnostic and Classification Center) at Graterford, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6209.
    Rhodes v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-270.
    Richardson v. City of Chicago.
   C. A. 7th Cir. Certiorari denied.

Justice White and Justíce Marshall would grant certiorari.


text:
    No. 89-465.
    Cunningham v. County of Los Angeles et al.
   C. A. 9th Cir. Motion of Police Misconduct Lawyers Referral Service for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 89-481.
    Michigan v. Sesi.
   Ct. App. Mich. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.


text:
    No. 89-501.
    Northwestern Indiana Telephone Co., Inc., et al. v. Federal Communications Commission et al.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 89-704.
    Krozser, Administrator of the Estate of Krozser v. Connecticut.
   Sup. Ct. Conn. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Certiorari denied.


text:
    No. 89-741.
    Price v. Viking Penguin, Inc., et al.
   C. A. 8th Cir. Certiorari denied.

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


text:
    No. 89-5666.
    Lackland v. J. C. Penney Co.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.

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


text:
    No. 89-749.
    Playtex Family Products Corp. v. St. Paul Surplus Lines Insurance Co. et al.
   Sup. Ct. Kan. Motion of Product Liability Advisory Council, Lie., for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 89-784.
    Swanson v. Elmhurst Chrysler Plymouth, Inc.
   C. A. 7th Cir. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 89-854.
    Silverman, Administratrix, Estate of Silverman v. United States.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 89-5697.
    No. 89-5935.
    No. 89-6068.
    No. 89-6078.
    No. 89-6191.
    Alley v. Tennessee. Lesko v. Owens, Commissioner, Pennsylvania Department of Corrections, et al. Spencer v. Virginia. Walton v. Florida. Heidnik v. Pennsylvania.
   Sup. Ct. Tenn.;

C. A. 3d Cir.;

Sup. Ct. Va.;

Sup. Ct. Fla.; and

Sup. Ct. Pa. Certiorari denied. Reported below: No. 89-5697, 776 S. W. 2d 506; No. 89-5935, 881 F. 2d 44; No. 89-6068, 238 Va. 275, 384 S. E. 2d 775; No. 89-6078, 547 So. 2d 622.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 89-6015.
    O’Dell v. Armontrout.
   C. A. 8th Cir. Motion of petitioner to certify question to Supreme Court of Missouri denied. Certiorari denied.


text:
    No.-.
    No. 88-42.
    No. 88-2054.
    No. 88-2140.
    No. 88-7540.
    No. 88-7626.
    No. 89-90.
    No. 89-254.
    No. 89-294.
    No. 89-342.
    No. 89-365.
    No. 89-384.
    No. 89-494.
    No. 89-584.
    No. 89-5041.
    No. 89-5106.
    No. 89-5115.
    No. 89-5361.
    No. 89-5384.
    No. 89-5397.
    No. 89-5428.
    Stocks v. United States, Hallstrom et ux. v. Tillamook County, Smith v. Sullivan, Secretary of Health and Human Services, Hancock v. City of Davenport et al., Taylor v. Green et al., Rivera v. Oroweat Foods Co., Inc., et al., Jungen, Administratrix of the Estate of Jungen, et al. v. Oregon, Marker et ux. v. Rieschel et al., Gordon et al. v. Department of Water and Power of the City of Los Angeles, Sherman v. Nissan Motor Corp. et al., Polyak v. Stack et al., Brown et al. v. 1250 Twenty-Fourth Street Associates et al., In re Sparks, In re Marik, Harris v. Hall et al., Herrera v. Redman, Warden, Stotts v. United States, Bertram v. United States, Hurd v. Dorsey, Warden, Magwood v. Alabama, Spychala v. Rushen et al., Gallaway v. United States, Brown v. American Express Travel Related Services Co., Inc., Olim v. Sears, Roebuck & Co. et al., Brooks v. Johnson & Johnson, Inc., Zarrilli v. Marino, May v. Challenger Communications Systems, Inc., Gala v. United States Postal Service, Rondon v. Indiana, Lockhart v. Rolling et al., Martin v. Delaware Law School of Widener University et al., Sparks v. Sparks, Cordeiro v. United States, Watts v. Johnson, Warden, et al., Bond v. Johnstone et al.,
   ante, p. 948;

ante, p. 20;

ante, p. 821;

ante, p. 826;

ante, p. 841;

ante, p. 963;

ante, p. 933;

ante, p. 893;

ante, p. 918;

ante, p. 954;

ante, p. 944;

ante, p. 935;

ante, p. 963;

ante, p. 953;

ante, p. 857;

ante, p. 945;

ante, p. 861;

ante, p. 956;

ante, p. 897;

ante, p. 923;

ante, p. 939;

No. 89-5458.

No. 89-5501.

No. 89-5522.

No. 89-5528.

No. 89-5531.

No. 89-5570.

No. 89-5576.

No. 89-5593.

No. 89-5613.

No. 89-5615.

No. 89-5639.

No. 89-5716.

No. 89-5790.

No. 89-5820.

ante, p. 898;

ante, p. 899;

ante, p. 940;

ante, p. 940;

ante, p. 941;

ante, p. 942;

ante, p. 942;

ante, p. 969;

ante, p. 942;

ante, p. 966;

ante, p. 957;

ante, p. 958;

ante, p. 982; and

ante, p. 996. Petitions for rehearing denied.


text:
    No. 88-7050.
    No. 89-5184.
    Kalliel v. United States, Rutherford v. United States,
   ante, p. 827; and

ante, p. 895. Motions for leave to file petitions for rehearing denied.


text:
    No. 89-591.
    Lee v. Biden, United States Senator, et al.,
   ante, p. 984. Petition for rehearing denied.

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


text:
    January 16, 1990
    No. 88-2092.
    United States v. Salamone.
   C. A. 3d Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Dowling v. United States, ante, p. 342.

Justice Stevens dissents and would deny certiorari.


text:
    No. A-498.
    Smith v. Armontrout, Warden.
   Application for stay of execution of sentence of death, presented to Justice Blackmun, and by him referred to the Court, denied.

Justice Blackmun would grant the application. The order heretofore entered by Justice Blackmun is vacated.

Justice Brennan and Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay of execution 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:
    No. A-503.
    Mobil Oil Exploration & Producing Southeast Inc. v. United Distribution Cos. et al.
   Application for stay of mandate of the United States Court of Appeals for the Fifth Circuit, presented to Justice White, and by him referred to the Court, granted, and the mandate is stayed pending the timely filing and disposition of the petitions for writs of certiorari. If the petitions for writs of certiorari are denied, this order terminates automatically. Should the petitions for writs of certiorari be granted, this order is to remain in effect pending the sending down of the judgment of this Court.


text:
    No. D-811.
    In re Disbarment of Powell.
   Disbarment entered. [For earlier order herein, see ante, p. 886.]


text:
    No. D-812.
    In re Disbarment of Mahshie.
   Disbarment entered. [For earlier order herein, see ante, p. 915.]


text:
    No. D-813.
    In re Disbarment of Kramer.
   Disbarment entered. [For earlier order herein, see ante, p. 915.]


text:
    No. D-825.
    In re Disbarment of Koslow.
   David Solomon Koslow, of Los Angeles, Cal., 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 November 6, 1989 [ante, p. 950], is hereby discharged.


text:
    No. D-826.
    In re Disbarment of Rudd.
   Disbarment entered. [For earlier order herein, see ante, p. 950.]


text:
    No. D-827.
    In re Disbarment of Coghlan.
   Disbarment entered. [For earlier order herein, see ante, p. 950.]


text:
    No. D-849.
    In re Disbarment of Reiner.
   It is ordered that Edward Norman Reiner, of Alexandria, Va., 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-850.
    In re Disbarment of Morrison.
   It is ordered that James Robert Morrison III, of Alton, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-851.
    In re Disbarment of Dworkin.
   It is ordered that Edwin Lawrence Dworkin, of Randallstown, 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-852.
    In re Disbarment of Voorhies.
   It is ordered that Peter Gordon Voorhies, of Portland, Ore., 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-853.
    In re Disbarment of Jones.
   It is ordered that Richard D. Jones, of Kansas City, Mo., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 88-1480.
    Reves et al. v. Arthur Young & Co.
   C. A. 8th Cir. [Certiorari granted, 490 U. S. 1105.] Motion of respondent to substitute Ernst & Young as respondent in place of Arthur Young & Co. granted.


text:
    No. 88-2018.
    Illinois v. Rodriguez.
   App. Ct. Ill., 1st Dist. [Certiorari granted, ante, p. 932.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 89-390.
    Pension Benefit Guaranty Corporation v. LTV Corp. et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 932.] Motion of Bethlehem Steel Corp. et al. for leave to participate in oral argument as amici curiae, for divided argument, and for additional time for oral argument denied. Motion of respondents David H. Miller and William W. Shaffer for divided argument denied. Motion of respondent LTV Bank Group for divided argument and for additional time for oral argument denied. Motion of respondent Official Committee of Unsecured Creditors of LTV Steel Co., Inc., and Certain Affiliates for divided argument denied. Motion of respondent Official Parent Creditors’ Committee of the LTV Corp. for divided argument denied. Motion of respondent BancTexas, Dallas, N. A., for divided argument denied.


text:
    No. 89-401.
    Wecht, President of the Allegheny County Board of Prison Inspectors, et al. v. Inmates of the Allegheny County Jail et al.,
   ante, p. 948. Motion of respondents to retax costs granted.


text:
    No. 89-753.
    Angelone, Director, Nevada Department of Prisons, et al. v. Deutscher.
   C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted.


text:
    No. 89-6175.
    In re Brown.
   Petition for writ of habeas corpus denied.


text:
    No. 88-2109.
    Kansas et al. v. Kansas Power & Light Co. et al.
   C. A. 10th Cir. Certiorari granted.


text:
    No. 89-260.
    Idaho v. Wright.
   Sup. Ct. Idaho. Certiorari granted.


text:
    No. 89-530.
    Portland Golf Club v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 89-624.
    Maislin Industries, U. S., Inc., et al. v. Primary Steel, Inc., et al.
   C. A. 8th Cir. Certiorari granted.


text:
    No. 89-478.
    Maryland v. Craig.
   Ct. App. Md. Motions of National Association of Counsel for Children et al. and People Against Child Abuse, Inc., et al. for leave to file briefs as amici curiae granted. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 89-640.
    Lujan, Secretary of the Interior, et al. v. National Wildlife Federation et al.
   C. A. D. C. Cir. Motion of American Farm Bureau Federation et al. for leave to file a brief as amici curiae granted. Certiorari granted.


text:
    No. 89-789.
    Alabama v. White.
   Ct. Crim. App. Ala. Motion of respondent for leave to proceed informa pauperis granted. Certiorari granted.


text:
    No. 89-5809.
    Sawyer v. Smith, Interim Warden.
   C. A. 5th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 88-1865.
    Arizona v. Bauer et al.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 88-1884.
    Illinois v. Sequoia Books, Inc., et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 88-2062.
    Cotton v. Babcock, Director, Michigan Department of Social Services.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-296.
    Nelson v. Farrey.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-427.
    No. 89-674.
    International Association of Machinists & Aerospace Workers, AFL-CIO, et al. v. Long Island Railroad Co. et al.; and Long Island Railroad Co. et al. v. International Association of Machinists & Aerospace Workers, AFL-CIO, et al.
   C. A. 2d Cir. Certiorari denied. Reported below: 874 F. 2d 901.


text:
    No. 89-503.
    Wallace v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-511.
    Kwallek v. Endell, Commissioner, Department of Corrections, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-521.
    Transoil (Jersey), Ltd., et al. v. Rex Oil, Ltd., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-523.
    Bermuda Star Line, Inc. v. Markozannes.
   Sup. Ct. La. Certiorari denied.


text:
    No. 89-534.
    Foxmeyer Corp. et al. v. Stone’s Pharmacy, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-538.
    Littlewolf et al. v. Lujan, Secretary of the Interior, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-554.
    Hennepin County, Minnesota, et al. v. Sullivan, Secretary of Health and Human Services.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-617.
    Texarkana National Bank v. Federal Deposit Insurance Corporation.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-631.
    Philpot et al. v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-651.
    Burrell et al. v. City of Los Angeles et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-655.
    Davies v. Southern Pacific Transportation Co. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-662.
    Middle Earth Graphics, Inc. v. National Labor Relations Board.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-664.
    International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Airline Division, et al. v. Southwest Airlines Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-666.
    West Virginia State Medical Assn. v. Commissioner of Internal Revenue.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-672.
    Church Universal & Triumphant, Inc., et al. v. Witt, Executrix of the Estate of Mull.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-677.
    Roe v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-689.
    Dugan v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-695.
    Wishart v. Florida Bar Assn.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 89-747.
    Chicago Cable Communications et al. v. Chicago Cable Commission et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-756.
    Brotherhood of Railroad Signalmen, AFL-CIO, et al. v. Southeastern Pennsylvania Transportation Authority.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-763.
    Ferdinand v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 89-780.
    Smith et al. v. Stoneking.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-782.
    Smith et al. v. Sowers.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-783.
    Independent Federation of Flight Attendants v. Trans World Airlines, Inc.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-787.
    Hedicke v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 89-791.
    McGee et al. v. Interinsurance Exchange of the Automobile Club of Southern California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-793.
    Strauch v. Gates Rubber Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-797.
    Pierce et al. v. Commercial Warehouse et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-799.
    Mahshie v. Grievance Committee of the Fifth Judicial District, State of New York.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 89-801.
    Consumer Value Stores v. Board of Pharmacy of New Jersey.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 89-802.
    Goldman, Sachs & Co. et al. v. Utley.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-803.
    Head v. Head.
   Ct. App. Ohio, Lucas County. Certiorari denied.


text:
    No. 89-807.
    Cline v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 89-812.
    Roberts v. Brea Hospital Neuropsychiatric Center.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 89-813.
    Shipman v. Missouri Division of Child Support Enforcement et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-814.
    Central Gulf Lines, Inc. v. Williams, Personal Representative of the Estate of Williams.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-816.
    City of Los Angeles et al. v. United Firefighters of Los Angeles City, Local 112, IAFF, AFL-CIO, et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-817.
    Service Business Forms Industries, Inc., et al. v. Greenberg et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-821.
    Shores, Executor of the Estate of Bishop v. Sklar et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-823.
    Layne et ux. v. County of San Mateo, California, et al.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 89-834.
    Smith v. South Carolina.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-836.
    Crane et al. v. Continental Telephone Company of California, dba Continental Telephone Company of Nevada.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 89-845.
    Rothbury Investments, Ltd. v. Dura Systems, Inc.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-880.
    Fleming v. Cannon, Judge, El Paso County District Court, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-923.
    Ball et al. v. Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 89-926.
    McGee v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5543.
    Reynolds v. Butler, Sheriff, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5680.
    Pitre v. Necaise et al.
   Ct. App. La., 5th Cir. Certiorari denied.


text:
    No. 89-5689.
    Huerta v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5723.
    Chavis v. Florida.
   Dist. Ct. App. Fla., 5th Dist. Certiorari denied.


text:
    No. 89-5729.
    Madsen v. Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 89-5762.
    Vasquez, aka Guzman v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5784.
    Bowyer v. United States Air Force et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5797.
    Roney v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5814.
    Grey Bear et al. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5817.
    Dennis v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5827.
    Morgan v. Turnage.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5833.
    King v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5855.
    Rashe v. Schwarzer.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5928.
    Moore v. Texas.
   Ct. App. Tex., 3d Dist. Certiorari denied.


text:
    No. 89-5930.
    Ayarza v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6002.
    Spann, as Next Friend for Spann, a Minor v. Jones et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6019.
    Kim v. Printemps.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-6026.
    Graves v. Puckett, Superintendent, Mississippi State Penitentiary.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6034.
    Maurer v. Los Angeles County Sheriff’s Department et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6039.
    Davis v. Vitatoe et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6042.
    McCullough v. Dugger, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6044.
    Collier v. Evans et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6045.
    Favors v. Hicks et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6046.
    Harris v. Jennings et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6047.
    Clauso v. Beyer, Superintendent, New Jersey Prison, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6049.
    Brewster v. Legursky, Warden.
   Sup. Ct. App. W. Va. Certiorari denied.


text:
    No. 89-6060.
    Walker v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 89-6067.
    Visser v. Court of Appeal of California, Second Appellate District.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 89-6081.
    Heard v. Green, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6082.
    Jenkins v. Beyers et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6086.
    Jones v. DeLoach, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6087.
    Mahdavi v. San Francisco Superior Court.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 89-6093.
    McMillian v. Johnson.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6095.
    Powers v. South Dakota et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-6098.
    Martin v. United States Court of Appeals for the Third Circuit.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6102.
    Coutin v. President of Hastings College of Law et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6116.
    Clark v. Peabody et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6117.
    Andregg v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6120.
    Coriz v. Tansy, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-6129.
    Espino v. Workers’ Compensation Appeals Board.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 89-6170.
    Deering v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6217.
    Puente v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6225.
    Gray v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6228.
    Elzy v. Smith, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6234.
    Drake v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6235.
    Martinez-Quinonez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6241.
    Urzola v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6245.
    Lott et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7533.
    Berryhill v. United States.
   C. A. 10th Cir. Motion of petitioner for leave to file amended petition for writ of certiorari granted. Certiorari denied.


text:
    No. 89-266.
    Portland General Electric Co. v. Montana Department of Revenue et al.
   Sup. Ct. Mont. Motions of Pacific Gas & Electric Co. et al. and Mountain States Legal Foundation for leave to file briefs as amici curiae granted. Certiorari denied.


text:
    No. 89-364.
    Pacific Power & Light Co. et al. v. Montana Department of Revenue et al.
   Sup. Ct. Mont. Motion of Mountain States Legal Foundation for leave to file a brief as amicus curiae granted. Certiorari denied.


author: Justice White,

text:
    No. 89-524.
    Sammiline Co., Ltd., et al. v. Woods et al.
   C. A. 5th Cir. Certiorari denied.

Justice White,

with whom The Chief Justice and Justice Kennedy join,

dissenting.

The Fifth Circuit held in this case that, based on its duties to longshoremen outlined in Scindia Steam Navigation Co. v. De los Santos, 451 U. S. 156 (1981), a vessel can be held liable under § 5(b) of the Longshore and Harbor Workers’ Compensation Act, as added, 86 Stat. 1263, and amended, 33 U. S. C. § 905(b) (1982 ed., Supp. V), for injuries to a longshoreman unloading a vessel caused by the defective stowage of cargo by an independent stevedore. 873 F. 2d 842, 846-849 (1989). As recognized by the court below, id., at 848, the Third Circuit has held that a shipowner cannot be held liable for such injuries. See Derr v. Kawasaki Risen K. K., 835 F. 2d 490 (1987), cert. denied, 486 U. S. 1007 (1988).

The Fifth Circuit also reaffirmed its holding in D/S Ove Skou v. Hebert, 365 F. 2d 341 (1966), that a standard time charter clause (providing: “‘The Captain (although appointed by the Owners) shall be under the orders and directions of the Charterers as regards employment and agency, and Charterers are to load, stow, and trim, and discharge the cargo at their expense under the supervision of the Captain. . . .’”) does not shift operational control over cargo operations, and therefore responsibility for the actions of independent stevedores, from the shipowner to the time charterer. 873 F. 2d, at 856. The court acknowledged, id., at 857, n. 18, that its reaffirmance of Ove Skou perpetuates a conflict with the Ninth and Second Circuits, which have held that that contractual language does shift operational control over cargo operations to the time charterer. See Turner v. Japan Lines, Ltd., 651 F. 2d 1300, 1305-1306 (CA9 1981), cert. denied, 459 U. S. 967 (1982); Fernandez v. Chios Shipping Co., 542 F. 2d 145, 151-153 (CA2 1976).

I would grant certiorari to resolve these conflicts.


text:
    No. 89-729.
    Abbott et al. v. City of Virginia Beach.
   C. A. 4th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-767.
    No. 89-5527.
    No. 89-5847.
    No. 89-6113.
    Harris v. Pulley, Warden. Kirkpatrick v. Butler, Warden, et al. Griffin v. Dugger, Secretary, Florida Department of Corrections. Coleman v. Ohio.
   C. A. 9th Cir.;

C. A. 5th Cir.;

C. A. 11th Cir.; and

Sup. Ct. Ohio. Certiorari denied. Reported below: No. 89-767, 885 F. 2d 1354; No. 89-5527, 870 F. 2d 276; No. 89-5847, 874 F. 2d 1397; No. 89-6113, 45 Ohio St. 3d 298, 544 N. E. 2d 622.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 89-5715.
    Chinagoram, aka Godwin v. United States.
   C. A. 4th Cir. Motion of petitioner to amend petition for writ of certiorari granted. Certiorari denied.


text:
    No. 88-7466.
    No. 88-7467.
    No. 89-489.
    No. 89-561.
    No. 89-5647.
    No. 89-5798.
    Spearman v. Lynaugh, Director, Texas Department of Corrections, Spearman v. Lynaugh, Director, Texas Department of Corrections, Smith v. Massachusetts Institute of Technology et al., LaRaia v. Phillis et al., Holbrook v. Williams, Warden, et al., Blanks v. Kemp, Warden,
   ante, p. 876;

ante, p. 876;

ante, p. 965;

ante, p. 965;

ante, p. 967; and

ante, p. 984. Petitions for rehearing denied.


text:
    January 17, 1990
    No. 89-760.
    Santa Fe Southern Pacific Corp. et al. v. Kraus et al.
   C. A. 9th Cir. Certiorari dismissed under this Court’s Rule 46.


text:
    No. A-498.
    Smith v. Armontrout, Warden,
   ante, p. 1039. Motion of the Missouri Capital Punishment Resource Center for leave to intervene as next friend and for reconsideration of application for stay of execution denied.

Justice Brennan and Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the motion and 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:
    January 22, 1990
    No. 89-400.
    Lucas et al. v. Townsend, President of the Bibb County Board of Education, et al.
   Affirmed on appeal from D. C. M. D. Ga.


text:
    No.-.
    Fallin v. Cunningham et al.
   Motion for leave to file copies of petition for writ of certiorari and appendix separately and out of time denied.

Justice Blackmun would grant the motion.


text:
    No.-.
    Granviel v. Lynaugh, Director, Texas Department of Corrections.
   Motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner granted.


text:
    No.-.
    Lindsey v. Louisiana.
   Motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner granted.


text:
    No.-.
    Mitchelson v. Kemmerer Coal Co. et al.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. A-488.
    Nelson v. Jones.
   Super. Ct. Alaska, 1st Jud. Dist. Application for stay, addressed to Justice Marshall and referred to the Court, denied.


text:
    No. D-814.
    In re Disbarment of Bernstein.
   Disbarment entered. [For earlier order herein, see ante, p. 949.]


text:
    No. D-820.
    In re Disbarment of McDonnell.
   Disbarment entered. [For earlier order herein, see ante, p. 949.]


text:
    No. D-822.
    In re Disbarment of Masters.
   Disbarment entered. [For earlier order herein, see ante, p. 950.]


text:
    No. D-828.
    In re Disbarment of Kavanaugh.
   Disbarment entered. [For earlier order herein, see ante, p. 960.]


text:
    No. D-830.
    In re Disbarment of Nicholson.
   Disbarment entered. [For earlier order herein, see ante, p. 961.]


text:
    No. D-831.
    In re Disbarment of Brass.
   Disbarment entered. [For earlier order herein, see ante, p. 961.]


text:
    No. D-832.
    In re Disbarment of Batkin.
   Disbarment entered. [For earlier order herein, see ante, p. 961.]


text:
    No. D-835.
    In re Disbarment of Thorp.
   Disbarment entered. [For earlier order herein, see ante, p. 961.]


text:
    No. D-854.
    In re Disbarment of McCallum.
   It is ordered that Thomas J. McCallum, of Fraser, Mich., 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-855.
    In re Disbarment of Rivas.
   It is ordered that Fred Rivas, of Chino, 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. 65,
    Orig.
    Texas v. New Mexico.
   Motion of the River Master for approval of fees and expenses granted, and the River Master is awarded $3,761.73 for the period July 1 through December 31, 1989, to be paid equally by the parties. [For earlier order herein, see, e. g., ante, p. 929.]


text:
    No. 74,
    Orig.
    Georgia v. South Carolina.
   Accounting of the Special Master for expenses approved, and the Special Master is hereby discharged. [For earlier order herein, see, e. g., ante, p. 1014.]


text:
    No. 88-1972.
    Illinois v. Perkins.
   App. Ct. Ill., 5th Dist. [Certiorari granted, ante, p. 808.] Motion of Daniel M. Kirwan to vacate order of Court entered October 30, 1989 [ante, p. 930], and to appoint substitute counsel granted, and it is ordered that Dan W. Evers, Esq., of Mount Vernon, Ill., be appointed to serve as counsel for respondent in this case.


text:
    No. 89-275.
    Cooter & Gell v. Hartmarx Corp. et al.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 916.] Motion of Washington Legal Foundation for leave to file a brief as amicus curiae granted.


text:
    No. 89-350.
    Lantana Cascade of Palm Beach, Ltd. v. Lanca Homeowners, Inc.,
   ante, p. 964. Motion of respondent to tax appellate costs and to award appellate legal fees denied.


text:
    No. 89-386.
    Port Authority Trans-Hudson Corp. v. Feeney; and Port Authority Trans-Hudson Corp. v. Foster.
   C. A. 2d Cir. [Certiorari granted, ante, p. 932.] Motion of Pan American World Airways, Inc., et al. for leave to file a brief as amici curiae granted.


text:
    No. 89-789.
    Alabama v. White.
   Ct. Crim. App. Ala. [Certiorari granted, ante, p. 1042.] Motion of respondent for appointment of counsel granted, and it is ordered that David B. Byrne, Jr., Esq., of Montgomery, Ala., be appointed to serve as counsel for respondent in this case.


text:
    No. 89-894.
    Connolly, Secretary of State of Massachusetts, et al. v. Securities Industry Assn. et al.
   C. A. 1st Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 89-6168.
    Layman v. Alabama Highway Department et al.
   C. A. 11th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until February 12, 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 Brennan and Justice Marshall,

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. 89-152.
    English v. General Electric Co.
   C. A. 4th Cir. Certiorari granted.


text:
    No. 89-504.
    Sullivan, Secretary of Health and Human Services v. Finkelstein.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 89-601.
    Commissioner, Immigration and Naturalization Service, et al. v. Jean et al.
   C. A. 11th Cir. Certiorari granted.


text:
    No. 89-645.
    Milkovich v. Lorain Journal Co. et al.
   Ct. App. Ohio, Lake County. Certiorari granted.


text:
    No. 88-2041.
    Sisson v. Ruby et al.
   C. A. 7th Cir. Certiorari granted limited to Questions 1 and 2 presented by the petition. In addition the parties are requested to brief and argue the question whether or not the Court should reconsider its decision in Richardson v. Harmon, 222 U. S. 96 (1911).


text:
    No. 88-2117.
    Income Security Corp., Inc., et al. v. Louisiana Oilfield Contractors Assn., Inc., et al.
   C. A. 5th Cir. Certiorari denied.