author: Per Curiam.

text:
    POWELL v. TEXAS
    No. 88-6801.
    Decided July 3, 1989
   Per Curiam.

This case — and, indeed, this precise question — is now before the Court for the second time. Last Term, petitioner sought review of the decision of the Texas Court of Criminal Appeals affirming his sentence of death, asserting that evidence was received during the penalty phase of his trial in contravention of his Fifth and Sixth Amendment rights. After issuing our decision in Satterwhite v. Texas, 486 U. S. 249 (1988), we granted the petition for a writ of certiorari, vacated the Texas court’s judgment, and remanded for further consideration in light of Satterwhite. 487 U. S. 1230 (1988). On remand, the Texas court reinstated its prior decision. Because that decision is inconsistent with our decisions in Satterwhite and Estelle v. Smith, 451 U. S. 454 (1981), we now grant the motion for leave to proceed in forma pauperis and the petition for a writ of certiorari and reverse the judgment of the Court of Criminal Appeals.

In Estelle v. Smith we held that a capital defendant’s Fifth Amendment right against compelled self-incrimination precludes the state from subjecting him to a psychiatric examination concerning future dangerousness without first informing the defendant that he has a right to remain silent and that anything he says can be used against him at a sentencing proceeding. Id., at 461-469. We also held — and in this respect the Court’s judgment was unanimous — that, once a capital defendant is formally charged, the Sixth Amendment right to counsel precludes such an examination without first notifying counsel that “the psychiatric examination [will] encompass the issue of their client’s future dangerousness.” Id., at 471. See also id., at 474 (Stewart, J., concurring in judgment); ibid. (Rehnquist, J., concurring in judgment). Last Term’s decision in Satterwhite reaffirmed this Sixth Amendment protection, emphasizing that “for a defendant charged with a capital crime, the decision whether to submit to a psychiatric examination designed to determine his future dangerousness is ‘literally a life or death matter’ which the defendant should not be required to face without ‘the guiding hand of counsel.’” 486 U. S., at 254 (citations omitted).

In this case there is no dispute that on the day of petitioner’s arrest the trial court, at the State’s request, ordered that a psychiatric examination be conducted by Dr. Richard Coons and a psychologist of Dr. Coons’ choice to determine petitioner’s competency to stand trial and sanity at the time of the offense. Dr. Coons examined petitioner on four occasions, and Dr. George Parker, a clinical psychologist, tested petitioner on two additional occasions. It is also undisputed that neither petitioner nor his attorney was notified that he would be examined on the issue of future dangerousness and that petitioner was not informed of his right to remain silent. Finally, it is uncontested that, over petitioner’s objection, Drs. Coons and Parker testified at petitioner’s sentencing hearing that based on these examinations they were of the view that petitioner “would commit future acts of violence that would constitute a continuing threat to society.” 742 S. W. 2d 353, 356 (Tex. Crim. App. 1987) (en banc). The jury was persuaded of this fact, and petitioner was sentenced to death.

Despite the close similarity between the facts of this case and those at issue in Smith, the Texas Court of Criminal Appeals in its original decision declined to vacate petitioner’s sentence. 742 S. W. 2d, at 360. That decision was premised on alternative holdings: petitioner’s Fifth and Sixth Amendment rights were not violated, id,., at 357-359, and, even if they were, any error was harmless, id., at 359-360. After we granted the initial petition for a writ of certiorari, vacated the Court of Criminal Appeals’ judgment, and remanded for further consideration in light of Sattenvhite, the court reinstated its earlier decision holding that petitioner’s Fifth and Sixth Amendment rights were not violated. 767 S. W. 2d 759 (1989) (en banc). The court simply withdrew that portion of its original opinion that relied on harmless-error analysis, observing that the analysis it applied was “denounced” in Satterwhite and was, in any event, “superfluous to the disposition and constituted nothing more than obiter dictum.” 767 S. W. 2d, at 762. But, it made clear that its “initial determination of no Smith error, as well as the remaining holdings of [the] original opinion, . . . remained] undisturbed.” Ibid. In dissent, Judge Clinton wrote that to consider “that Satterwhite ‘solely concerned harmless error,’ ... is to disregard much in Part II of that opinion finding a violation of the Sixth Amendment right to assistance of counsel.” Id., at 763. He also observed that “it is most unlikely that the Supreme Court would remand this cause for us to reconsider a superfluous harmless error analysis, albeit it was utterly flawed[,] [u]nless the Supreme Court believed ‘there was error in admitting the testimony of Drs. Coon[s] and Parker.’” Id., at 764 (citation omitted).

The Court of Criminal Appeals’ holding that petitioner’s Fifth and Sixth Amendment rights were not violated was based on its conclusion that petitioner waived those rights by introducing psychiatric testimony in support of a defense of insanity. 742 S. W. 2d, at 357-358. The court held that petitioner not only waived the right to object to the State’s use of the Coons and Parker testimony to rebut his defense, but that he also waived the right to object to the State’s use of this testimony to satisfy its burden at sentencing of proving the separate issue of future dangerousness. Id., at 358-359. Because the Court of Criminal Appeals conflated the Fifth and Sixth Amendment analyses, and provided no support for its conclusion that petitioner waived his Sixth Amendment right, its judgment must be reversed.

The principal support found in the Court of Criminal Appeals’ decision for the proposition that petitioner waived the right to object to the State’s use of the Coons and Parker testimony is the Fifth Circuit’s opinion in Battie v. Estelle, 655 F. 2d 692 (1981). In that case, the Court of Appeals suggested that if a defendant introduces psychiatric testimony to establish a mental-status defense, the government may be justified in also using such testimony to rebut the defense notwithstanding the defendant’s assertion that the psychiatric examination was conducted in violation of his right against self-incrimination. Id., at 700-702. In such circumstances, the defendant’s use of psychiatric testimony might constitute a waiver of the Fifth Amendment privilege, just as the privilege would be waived if the defendant himself took the stand. Id., at 701-702, and n. 22. The Court of Appeals explained that “any burden imposed on the defense by this result is justified by the State’s overwhelming difficulty in responding to the defense psychiatric testimony without its own psychiatric examination of the accused and by the need to prevent fraudulent mental defenses.” Id., at 702 (footnote omitted).

Language contained in Smith and in our later decision in Buchanan v. Kentucky, 483 U. S. 402 (1987), provides some support for the Fifth Circuit’s discussion of waiver. In Smith we observed that “[wjhen a defendant asserts the insanity defense and introduces supporting psychiatric testimony, his silence may deprive the State of the only effective means it has of controverting his proof on an issue that he has interjected into the case.” 451 U. S., at 465. And in Buchanan the Court held that if a defendant requests a psychiatric examination in order to prove a mental-status defense, he waives the right to raise a Fifth Amendment challenge to the prosecution’s use of evidence obtained through that examination to rebut the defense. 483 U. S., at 422-423.

Significantly, the Court of Appeals made clear in Battie that it was dealing exclusively with the Fifth Amendment privilege and was not passing upon the defendant’s separate Sixth Amendment challenge. 655 F. 2d, at 694, n. 2. Likewise, the waiver discussions contained in Smith and Buchanan deal solely with the Fifth Amendment right against self-incrimination. Indeed, both decisions separately discuss the Fifth and Sixth Amendment issues so as not to confuse the distinct analyses that apply. No mention of waiver is contained in the portion of either opinion discussing the Sixth Amendment right. This is for good reason. While it may be unfair to the state to permit a defendant to use psychiatric testimony without allowing the state a means to rebut that testimony, it certainly is not unfair to require the state to provide counsel with notice before examining the defendant concerning future dangerousness. Thus, if a defendant were to surprise the prosecution on the eve of trial by raising an insanity defense to be supported by psychiatric testimony, the court might be justified in ordering a continuance and directing that the defendant submit to examination by a state-appointed psychiatrist. There would be no justification, however, for also directing that defense counsel receive no notice of this examination.

The distinction between the appropriate Fifth and Sixth Amendment analyses was recognized in the Buchanan decision. In that case, the Court held that the defendant waived his Fifth Amendment privilege by raising a mental-status defense. 483 U. S., at 421-424. This conclusion, however, did not suffice to resolve the defendant’s separate Sixth Amendment claim. Thus, in a separate section of the opinion the Court went on to address the Sixth Amendment issue, concluding that on the facts of that case counsel knew what the scope of the examination would be before it took place. Id., at 424-425. Indeed, defense counsel himself requested the psychiatric examination at issue in Buchanan. Id., at 424. In contrast, in this case counsel did not know that the Coons and Parker examinations would involve the issue of future dangerousness.

In deciding that petitioner waived his right to object to the Coons and Parker testimony, the Court of Criminal Appeals in its initial opinion concentrated almost exclusively on petitioner’s Fifth Amendment claim to the exclusion of his separate contention that counsel should have been informed that he was to be examined on the issue of future dangerousness. Moreover, even after we remanded for further consideration in light of Satterwhite, a case that was premised exclusively on the Sixth Amendment, the court failed to give any further attention to the Sixth Amendment claim. Because the evidence of future dangerousness was taken in deprivation of petitioner’s right to the assistance of counsel, and because there is no basis for concluding that petitioner waived his Sixth Amendment right, we now hold that Smith and Satterwhite control and, accordingly, reverse the judgment of the Court of Criminal Appeals.

It is so ordered.

       Under Texas law, a capital defendant may not be sentenced to death unless the State proves beyond a reasonable doubt that “there is a probability that the defendant [will] commit criminal acts of violence that [will] constitute a continuing threat to society.” Tex. Code Crim. Proc. Ann., Art. 37.071(b)(2) (Vernon Supp. 1989).

       We therefore have no occasion to address whether a waiver of the right to object to the use of psychiatric testimony at the guilt phase of a capital trial extends to the sentencing phase as well.

       Unlike in Buchanan, our decision in Smith did not place petitioner’s attorney on notice concerning the scope or intended use of the psychiatric examinations. Most significantly, although the Texas Court of Criminal Appeals only recently rendered a decision on his direct appeal, petitioner was tried and convicted before Smith was decided. Moreover, even if counsel had anticipated the Smith decision, he would only have been on notice that by raising a mental-status defense he might open the door to “use of psychological evidence by the prosecution in rebuttal.” Buchanan, 483 U. S., at 425 (footnote omitted). Nothing in Smith, or any other decision of this Court, suggests that a defendant opens the door to the admission of psychiatric evidence on future dangerousness by raising an insanity defense at the guilt stage of trial.


source: Caselaw Access Project

license: Public Domain

text:
    June 23, 1989
    No. 88-1754.
    O’Connell & Kittrell v. Kingery et al.
   C. A. 5th Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    June 26, 1989
    No. 87-1293.
    Bhandari v. First National Bank of Commerce.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Patterson v. McLean Credit Union, 491 U. S. 164 (1989).


text:
    No. 87-1631.
    Burlington Northern Railroad Co. v. Brotherhood of Locomotive Engineers.
   C. A. 9th Cir. Motion of Equal Employment Advisory Council for leave to file a brief as amicus curiae granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Skinner v. Railway Labor Executives’ Assn., 489 U. S. 602 (1989).


text:
    No. 87-2049.
    Railway Labor Executives’ Assn. et al. v. Chicago & North Western Transportation Co. et al.
   C. A. 8th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives’ Assn., 491 U. S. 490 (1989).


text:
    No. 88-517.
    City of Galveston, Texas, Acting by and Through the Board of Trustees of the Galveston Wharves, et al. v. Railway Labor Executives’ Assn. et al.
   C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives’ Assn., 491 U. S. 490 (1989).


text:
    No. 88-955.
    Commissioner of Internal Revenue v. Merit Life Insurance Co.
   C. A. 7th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Colonial American Life Ins. Co. v. Commissioner, 491 U. S. 244 (1989).


text:
    No. 88-1063.
    Tennessee v. Turner.
   C. A. 6th Cir. Motion of respondent for leave to proceed infama pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Alabama v. Smith, 490 U. S. 794 (1989).


text:
    No. 88-1282.
    Brown-Forman Corp. v. Tennessee Alcoholic Beverage Commission et al.
   C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Healy v. The Beer Institute, 491 U. S. 324 (1989).


text:
    No. 88-1486.
    Southeastern Pennsylvania Transportation Authority et al. v. Transport Workers’ Union of Philadelphia, Local 234, et al.
   C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Consolidated Rail Corporation v. Railway Labor Executives’ Assn., 491 U. S. 299 (1989).


text:
    No. 88-1493.
    Sobol, Commissioner, New York State Department of Education v. Burr, by his Parents and Next Friends, Burr et al.
   C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Dellmuth v. Muth, 491 U. S. 223 (1989).


text:
    No. 88-1653.
    United Transportation Union v. Southeastern Pennsylvania Transportation Authority et al.
   C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Skinner v. Railway Labor Executives’ Assn., 489 U. S. 602 (1989).


text:
    No. 88-1706.
    Chicago & North Western Transportation Co. et al. v. Railway Labor Executives’ Assn. et al.; and Railway Labor Executives’ Assn. et al. v. Interstate Commerce Commission et al.
    No. 88-1874.
   C. A. 8th Cir. Certiorari granted, judgment vacated, and cases remanded for further consideration in light of Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives’ Assn., 491 U. S. 490 (1989). Reported below: 861 F. 2d 1082.


text:
    No. 88-7033.
    Holland v. Bland et al.
   C. A. 6th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Hardin v. Straub, 490 U. S. 536 (1989).


text:
    No.-.
    Seitu v. United States District Court for the Southern District of Mississippi.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. D-749.
    In re Disbarment of Carter.
    [For earlier order herein, see 488 U. S. 1000.]
   Disbarment entered.


text:
    No. D-760.
    In re Disbarment of Wallis.
    [For earlier order herein, see 488 U. S. 1038.]
   Disbarment entered.


text:
    No. D-761.
    In re Disbarment of Graham.
    [For earlier order herein, see 488 U. S. 1038.]
   Disbarment entered.


text:
    No. D-767.
    In re Disbarment of Eston.
    [For earlier order herein, see 489 U. S. 1004.]
   Disbarment entered.


text:
    No. D-768.
    In re Disbarment of Sanders.
    [For earlier order herein, see 489 U. S. 1004.]
   Disbarment entered.


text:
    No. 108, Orig.
    Nebraska v. Wyoming et al.
    [For earlier order herein, see, e. g., 490 U. S. 1063.]
   First Interim Report of the Special Master received and ordered filed.


text:
    No. 88-854.
    No. 88-856.
    No. 88-870.
    Spallone v. United States et al.; Chema v. United States et al.; and Longo et al. v. United States et al.
   C. A. 2d Cir. [Certiorari granted, 489 U. S. 1064.] Motion of American Civil Liberties Union et al. for leave to file a brief as amici curiae granted.


text:
    No. 88-1000.
    New York v. Harris.
   Ct. App. N. Y. [Cer-tiorari granted, 490 U. S. 1018.] Motion of Americans for Effective Law Enforcement, Inc., et al. for leave to file a brief as amici curiae granted.


text:
    No. 88-1449.
    No. 88-1551.
    Korean Air Lines v. MacNamara; and MacNamara v. Korean Air Lines.
   C. A. 3d Cir. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.


author: Justice Brennan and Justice Marshall,

text:
    No. 88-7139.
    Stutzman v. Board of Education of the City of Chicago et al.
   App. Ct. Ill., 1st Dist. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until July 17, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice Brennan 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. 88-7371.
    In re Green.
   Petition for writ of habeas corpus denied.


text:
    No. 88-1862.
    No. 88-7143.
    No. 88-7153.
    In re Fleming; In re Sun; and In re Reidt.
   Petitions for writs of mandamus denied.


text:
    No. 88-7157.
    In re Martin.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 88-5986.
    Osborne v. Ohio.
   Appeal from Sup. Ci. Ohio. Motion of appellant for leave to proceed in forma pauperis granted. Probable jurisdiction noted limited to Questions I.(b), I.(d), and II presented by the statement as to jurisdiction. With respect to the additional questions presented, appeal dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 88-1105.
    Guidry v. Sheet Metal Workers National Pension Fund et al.
   C. A. 10th Cir. Certiorari granted.


text:
    No. 88-1685.
    National Labor Relations Board v. Curtin Matheson Scientific, Inc.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 87-2066.
    W. S. Kirkpatrick & Co., Inc., et al. v. Environmental Tectonics Corp., International.
   C. A. 3d Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 87-1911.
    Railway Labor Executives’ Assn. et al. v. Guilford Transportation Industries, Inc., et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 87-1932.
    Pennsylvania Electric Co. v. Gunby.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-597.
    City of Gretna, Louisiana, et al. v. Citizens for a Better Gretna et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-606.
    City of Baytown, Texas, et al. v. Campos et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-664.
    Diamond v. Charles et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-1114.
    Lebman et al. v. Aktiebolaget Electrolux et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1116.
    Alton & Southern Lodge No. 306, Brotherhood of Railway Carmen of the United States and Canada v. Alton & Southern Railway Co.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-1243.
    Company X v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-1432.
    Esparza et al. v. Valdez, Executive Director, Colorado Department of Labor, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-1439.
    Montgomery et al. v. Auriemma et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-1545.
    Laurins v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1566.
    City of Little Rock v. Williams.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-1620.
    Petrus v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1621.
    Gambino v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1638.
    PG Publishing Co., t/a The Pittsburgh Post-Gazette v. DiSalle et ux.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 88-1659.
    Kanne et ux. v. Connecticut General Life Insurance Co.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1664.
    No. 88-6875.
    DiNorscio v. United States; and Cohen et al. v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 864 F. 2d 271.


text:
    No. 88-1684.
    Henderson v. L. G. Balfour Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1745.
    Cowhig v. Marsh, Secretary of the Army.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 88-1761.
    Smith v. Van Duyn.
   App. Ct. Ill., 3d Dist. Certiorari denied.


text:
    No. 88-1765.
    Pizarro v. Platt et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1767.
    Save Yonkers Federation, Inc., et al. v. Sand, Judge, United States District Court for the Southern District of New York.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-1777.
    Posey et al. v. Ohio.
   Sup. Ct. Ohio. Certio-rari denied.


text:
    No. 88-1778.
    Whatley v. Skaggs Cos., Inc.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-1782.
    Brown v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 88-1784.
    Great Republic Insurance Co. et al. v. Cheval, by and Through her Conservator, Miller.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 88-1787.
    Hall v. Okabayashi et al.
   Int. Ct. App. Haw. Certiorari denied.


text:
    No. 88-1788.
    Danner v. Klosterbuer, Assistant Johnson County Attorney.
   Ct. App. Iowa. Certiorari denied.


text:
    No. 88-1790.
    Nemours Foundation et al. v. Pierce Associates, Inc., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1791.
    Vaughn et vir v. Speaker et al., Co-Executors of the Estate of Speaker.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 88-1792.
    Conley v. Burlington Northern Railroad Co.
   Ct. App. Mo., Western Dist. Certiorari denied.


text:
    No. 88-1793.
    Allard, as Natural Tutrix of the Minors, Allard et al. v. Bibeau et al.
   Sup. Ct. La. Certiorari denied.


text:
    No. 88-1803.
    Glendening v. Florida.
   Sup. Ct. Fla. Cer-tiorari denied.


text:
    No. 88-1804.
    CBS Inc. v. Silverman.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 88-1815.
    Napieralski v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-1818.
    Drogowski v. Pennsylvania Department of Transportation et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1829.
    Cruse v. Fayette County et al.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 88-1879.
    Baker et ux. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 88-1903.
    Goldberg v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-1907.
    Ratcliff v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1908.
    Covatto v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1911.
    Cosentino v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-1925.
    Foster v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1935.
    Walsh v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-5830.
    Adams v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 88-6623.
    Estevez, aka Fonte-Ferro v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-6777.
    Bryson v. Maryland.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 88-6820.
    Hughes v. New York.
   Ct. App. N. Y. Cer-tiorari denied.


text:
    No. 88-6884.
    Marlow v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 88-6941.
    Greeson v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-6944.
    Bailey v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6957.
    Lightsey v. Yeager, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6966.
    Rita v. United States.
   C. A. 2d Cir. Cer-tiorari denied.


text:
    No. 88-6967.
    Collins v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 88-6983.
    No. 88-7001.
    Johnson, aka Union v. United States; and Banner v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 862 F. 2d 1135.


text:
    No. 88-6997.
    Lawson v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6999.
    No. 88-7233.
    Percheitte v. United States; and Chippas v. United States.
   C. A. 8th Cir. Certiorari denied. Reported below: 869 F. 2d 372.


text:
    No. 88-7021.
    Husar v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 88-7055.
    Johnson v. Government Employees Insurance Co. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-7107.
    O’Neal v. Eu et al.
   C. A. 9th Cir. Certio-rari denied.


text:
    No. 88-7111.
    Bynum v. Wood.
   Dist. Ct. App. Fla., 1st Dist. Certiorari denied.


text:
    No. 88-7114.
    Madsen v. Morrell et al.
   Sup. Ct. Idaho. Certiorari denied.


text:
    No. 88-7116.
    Hart v. Frame et al.
   C. A. 4th Cir. Certio-rari denied.


text:
    No. 88-7123.
    Young v. Coughlin et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-7126.
    Bilal v. Sargent, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-7128.
    Carter v. Ohio.
   Ct. App. Ohio, Paulding County. Certiorari denied.


text:
    No. 88-7129.
    Harrison v. Bonner et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-7131.
    Lechiara v. Gaskins et al.
   C. A. 4th Cir.' Certiorari denied.


text:
    No. 88-7134.
    Templeton v. Nix, Warden, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-7148.
    Martin v. Abram D. Mellinger Real Estate, Inc.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 88-7149.
    Spears v. Bullock, Superintendent, Sampson Correctional Center, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-7152.
    Harris v. Heinrich et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7156.
    Scott v. Prince George’s County Department of Social Services et al.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 88-7186.
    Dixon v. Kohl’s Food Stores, Inc.
   Ct. App. Wis. Certiorari denied.


text:
    No. 88-7225.
    Baeli v. United States.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 88-7240.
    Branham v. Grinage et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-7253.
    Means et al. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-7288.
    Halliburton v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-7293.
    Burkhart v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-7295.
    Perez v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-7313.
    Castro-Poupart v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 88-7315.
    Britt, aka Klein v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7330.
    Hagen v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-7345.
    Hernandez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-603.
    Arizona v. Flint.
   Ct. App. Ariz. Motion of respondent for leave to proceed informa pauperis granted. Cer-tiorari denied.


text:
    No. 88-1796.
    Illinois v. Vought.
   App. Ct. Ill, 2d Dist. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 88-1648.
    Norfolk Shipbuilding & Drydock Corp. v. Nance et al.
   C. A. 4th Cir. Motion of the parties to remand denied. Certiorari denied.


text:
    No. 88-1675.
    Moran v. Perry et al.
   Sup. Ct. Wash. Cer-tiorari denied.

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


text:
    No. 88-1751.
    Northwest Forest Resource Council v. Portland Audubon Society et al.
   C. A. 9th Cir. Motion of Mountain States Legal Foundation for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 88-6897.
    No. 88-7090.
    Westley v. Texas. Bennett v. Texas.
   Ct. Crim. App. Tex.; and

Ct. Crim. App. Tex. Certiorari denied. Reported below: No. 88-6897, 754 S. W. 2d 224; No. 88-7090, 766 S. W. 2d 227.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 88-6965 (A-798).
    No. 88-7010 (A-820).
    No. 88-7062 (A-982).
    Washington v. Texas; Tucker v. Texas; and Beets v. Texas.
   Ct. Crim. App. Tex. Applications for stays of mandates, presented to Justice White, and by him referred to the Court, denied. Certiorari denied. Reported below: No. 88-6965, 771 S. W. 2d 537; No. 88-7010, 771 S. W. 2d 523; No. 88-7062, 767 S. W. 2d 711.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 88-7161.
    Herring v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 87-1594.
    No. 88-1419.
    No. 88-1519.
    No. 88-1641.
    No. 88-6513.
    No. 88-6739.
    No. 88-6813.
    No. 88-6827.
    No. 88-6846.
    No. 88-6900.
    No. 88-6904.
    No. 88-6994.
    Croman v. Manhattan Community College, Lafferty v. Alyeska Pipeline Service Co. et al., Bergman v. United States, Bodine v. United States, Atherton v. Attorney General of the United States et al., Sutton v. United States, Kim v. United States et al., In re Walker, Summers v. Chavis, Warden, et al., Hoffman v. United States, McDonald v. Yellow Cab Metro, Inc., Williams v. Little Flower Childrens Services,
   490 U. S. 1064;

490 U. S. 1021;

490 U. S. 1036;

490 U. S. 1048;

490 U. S. 1048;

490 U. S. 1011;

490 U. S. 1070;

490 U. S. 1045;

490 U. S. 1071;

490 U. S. 1051;

490 U. S. 1083; and

490 U. S. 1093. Petitions for rehearing denied.


text:
    No. 88-6293.
    Robinson v. United States et al.,
   489 U. S. 1068; and


text:
    No. 88-6659.
    Read v. Taylor et al.,
   490 U. S. 1025. Motions for leave to file petitions for rehearing denied.


text:
    July 3, 1989
    No. 88-1819.
    McCordic v. California.
   Appeal from Ct. App. Cal., 2d App. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. 87-1051.
    Hobson v. United States.
   C. A. 11th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229.


text:
    No. 87-1358.
    Marshall-Silver Construction Co., Inc., et al. v. Mendel et al.
   C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229. The Chief Justice, Justice White, Justice Stevens, and Justice O’Connor would deny certiorari.


text:
    No. 87-1530.
    Eastern Publishing & Advertising, Inc., t/a Armed Forces News v. Chesapeake Publishing & Advertising, Inc., t/a The Military News, et al.
   C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229. The Chief Justice, Justice White, Justice Stevens, and Justice O’Connor would deny certiorari.


text:
    No. 87-1742.
    Terre Du Lac Assn., Inc. v. Terre Du Lac, Inc., et al.
   C. A. 8th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229.


text:
    No. 87-1760.
    Perkinson et vir, t/a Perkinson & Perkinson v. Huffman, Trustee for Harbour, Debtor, et al.
   C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Granfinanciera, S. A. v. Nordberg, ante, p. 33.


text:
    No. 87-6482.
    Richardson v. Texas.
   Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Penry v. Lynaugh, ante, p. 302.


text:
    No. 87-6820.
    Wagner v. Oregon.
   Sup. Ct. Ore. Motion of petitioner for leave to proceed in forma pauperis granted. Cer-tiorari granted, judgment vacated, and case remanded for further consideration in light of Penry v. Lynaugh, ante, p. 302.


text:
    No. 88-190.
    Drivers, Chauffeurs & Helpers Local Union No. 639, Affiliated With International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO, et al. v. Yellow Bus Lines, Inc.
   C. A. D. C. Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229. Justice Stevens would deny certiorari.


text:
    No. 88-558.
    Walk et al. v. Baltimore & Ohio Railroad et al.
   C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229.


text:
    No. 88-1506.
    Fryar v. Abell et al.
   C. A. 5th Cir. Cer-tiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229.


text:
    No. 88-1523.
    Helmsley et al. v. Beauford et al.
   C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229.


text:
    No. 88-1534.
    Mercy-Memorial Hospital Corp. et al. v. Hospital Employees’ Division of Local 79, Service Employees International Union, AFL-CIO, et al.
   C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229.


text:
    No. 88-5611.
    Alexander v. United States.
   C. A. 11th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of H. J. Inc. v. Northwestern Bell Telephone Co., ante, p. 229.

Justice Stevens would deny certiorari.


text:
    No. 88-5792.
    Graham v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Penry v. Lynaugh, ante, p. 302.


text:
    No. 88-7199.
    Boggess v. Texas.
   Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Penry v. Lynaugh, ante, p. 302.


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


text:
    No. D-788.
    In re Disbarment of Cates.
    [For earlier order herein, see 490 U. S. 1062.]
   Disbarment entered.


text:
    No. 65, Orig.
    Texas v. New Mexico.
    [For earlier order herein, see, e. g., 490 U. S. 1044.]
   Final Report of the Pecos River Master for Accounting Year 1989 received and ordered filed.


text:
    No. 88-192.
    No. 88-325.
    McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Department of Business Regulation of Florida, et al. American Trucking Assns., Inc., et al. v. Smith, Director, Arkansas Highway and Transportation Department, et al.
   Sup. Ct. Fla. [Certiorari granted, 488 U. S. 954]; and

Sup. Ct. Ark. [Certiorari granted, 488 U. S. 954.] Cases restored to calendar for reargument. In No. 88-192, the parties are directed to brief and argue the following questions in addition to the issues already briefed:

"1. When a taxpayer pays under protest a state tax found to violate clearly established law under the Commerce Clause, must the State provide some form of retrospective relief, such as a tax refund or an offsetting tax on past beneficiaries of the tax preference, or may the State elect to provide only prospective relief?
“2. May a State, consistent with the Due Process Clause of the 14th Amendment, remedy the effects of a tax found to discriminate against an interstate business in violation of the Dormant Commerce Clause by retroactively raising the taxes of those who benefited from the discrimination?”

Each case is allotted 45 minutes for reargument.


text:
    No. 88-1805.
    Eastern Nebraska Community Office of Retardation et al. v. Glover et al.
   C. A. 8th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 88-6896.
    Schaefer v. Transportation Media, Inc.
   C. A. 7th Cir. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis [490 U. S. 1063] denied.


text:
    No. 88-6995.
    Moore v. California,
   490 U. S. 1095. Respondent is requested to file a response to the petition for rehearing within 30 days.


text:
    No. 88-1990.
    No. 88-7408.
    No. 88-7413.
    In re LaRouche et al.; In re Qualman et ux.; and In re Snyder.
   Petitions for writs of habeas

corpus denied.


text:
    No. 88-1329.
    In re Delgado et al.
   Petition for writ of mandamus denied.


text:
    No. 88-805.
    Ohio v. Akron Center for Reproductive Health et al.
   Appeal from C. A. 6th Cir. Probable jurisdiction noted.


text:
    No. 88-790.
    Turnock, Director of the Illinois Department of Public Health, et al. v. Ragsdale et al.
   Appeal from C. A. 7th Cir. Further consideration of question of jurisdiction postponed to hearing of case on the merits.


text:
    No. 88-334.
    Lytle v. Household Manufacturing, Inc., dba Schwitzer Turbochargers.
   C. A. 4th Cir. Certiorari granted.


text:
    No. 88-1503.
    Cruzan, by her Parents and Co-Guardians, Cruzan et ux. v. Director, Missouri Department of Health, et al.
   Sup. Ct. Mo. Certiorari 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.


text:
    No. 88-1125.
    No. 88-1309.
    Hodgson et al. v. Minnesota et al.; and Minnesota et al. v. Hodgson et al.
   C. A. 8th Cir. Certiorari granted, eases consolidated, and a total of one hour allotted for oral argument. Reported below: 853 F. 2d 1452.


text:
    No. 88-1775.
    Peel v. Attorney Registration and Disciplinary Commission of Illinois.
   Sup. Ct. Ill. Motions of National Board of Trial Advocacy and Association of Trial Lawyers of America et al. for leave to file briefs as amici curiae granted. Certiorari granted.


text:
    No. 88-7146.
    Whitmore, Individually and as Next Friend of Simmons v. Arkansas et al.
   Sup. Ct. Ark. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 87-1262.
    Rogers et al. v. Liquid Air Corp.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 87-1478.
    Medallion Television Enterprises, Inc., et al. v. SelecTV of California, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 87-1738.
    Creative Bath Products, Inc., et al. v. Connecticut General Life Insurance Co. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 87-1854.
    Cory v. Standard Federal Savings & Loan Assn. et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-458.
    SK Hand Tool Corp. et al. v. Dresser Industries, Inc.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-625.
    Metromedia, Inc., et al. v. April Enterprises, Inc.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 88-903.
    Americana Hotels, Inc., et al. v. Parnar.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 88-1327.
    Delgado et al. v. Smith, Secretary of State of Florida, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-1518.
    Abell et al. v. Wright, Lindsey & Jennings et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1547.
    California v. Baert.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 88-1611.
    Gahagan v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1623.
    No. 88-6952.
    No. 88-6953.
    No. 88-7249.
    Deliere v. United States; Doherty v. United States; Barner v. United States; and Salerno v. United States.
   C. A. 1st Cir. Certiorari denied. Reported below: 867 F. 2d 47.


text:
    No. 88-1660.
    Marino v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1701.
    Wilson et al. v. United States et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1781.
    Algoma Steel Corp., Ltd. v. United States et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 88-1785.
    Lampasona v. Jacobs.
   Sup. Ct. Conn. Cer-tiorari denied.


text:
    No. 88-1786.
    Twin Manors West of Morton Grove Condominium Assn. v. Rosewell.
   App. Ct. Ill., 1st Dist. Certio-rari denied.


text:
    No. 88-1798.
    Hemon v. Office of Public Guardian et al. (two cases).
   Sup. Ct. N. H. Certiorari denied.


text:
    No. 88-1802.
    Chow v. Attorney Grievance Commission.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 88-1807.
    Fletcher v. O’Donnell et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1814.
    Stinner v. Stinner et al.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 88-1816.
    City of Burlington, Vermont v. Mountain Cable Co.
   Sup. Ct. Vt. Certiorari denied.


text:
    No. 88-1820.
    Mebane v. Connecticut.
   App. Ct. Conn. Certiorari denied.


text:
    No. 88-1821.
    Mari v. Green.
   Sup. Ct. Wyo. Certiorari denied.


text:
    No. 88-1825.
    Harris et al. v. Union Electric Co. et al.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 88-1830.
    Mitchell v. Alaska.
   Sup. Ct. Alaska. Cer-tiorari denied.


text:
    No. 88-1833.
    Williams v. Baptist Medical Center et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-1837.
    Smith v. Doe.
   Ct. App. Ind. Certiorari denied.


text:
    No. 88-1840.
    Voellinger v. Police Retirement System of St. Louis et al.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 88-1841.
    Indiana Civil Rights Commission et al. v. American Commercial Barge Line Co.
   Ct. App. Ind. Cer-tiorari denied.


text:
    No. 88-1845.
    No. 88-1868.
    New Jersey Chamber of Commerce et al. v. Hughey, Commissioner of Environmental Protection of New Jersey, et al.; and Fragrance Materials Association of the United States et al. v. Van Note et al.
   C. A. 3d Cir.

Certiorari denied. Reported below: 868 F. 2d 621.


text:
    No. 88-1849.
    Workers’ Compensation Insurers Rating Association of Minnesota et al. v. Austin Products Co. et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-1851.
    White, Secretary, Pennsylvania Department of Public Welfare, et al. v. Bennett et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1855.
    Henry v. Beaumont Iron & Metal Corp. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-1857.
    Howard v. Pung, Commissioner, Minnesota Department of Corrections, et al.
   C. A. 8th Cir. Certio-rari denied.


text:
    No. 88-1861.
    Stryker et al. v. Decker et ux.; Loughlin v. Gersch; City and County of Denver et al. v. Hight-Berry; and Kukuris et al. v. Zapp et al.
   Ct. App. Colo. Certiorari denied.


text:
    No. 88-1882.
    Reyes v. Kansas.
   Ct. App. Kan. Certiorari denied.


text:
    No. 88-1929.
    Washabaugh v. Kentucky.
   Ct. App. Ky.

Certiorari denied.


text:
    No. 88-1934.
    Gracey v. Day.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-1941.
    Sharifinassab v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-1949.
    Nan Ya Plastics Corp. U. S. A. v. DeSantis.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 88-1967.
    Anderson v. Sickels et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-1975.
    Barrow v. Hawkins et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-5077.
    DiCaprio v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-6376.
    Montero v. Meyer et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-6627.
    Costello et al. v. California.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 88-6930.
    Warrick v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-6947.
    Diwan v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7064.
    Iredia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-7098.
    Harris v. Jones.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-7110.
    Pantoja v. Stateville Correctional Center et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-7165.
    Johnson v. Kegans et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-7169.
    Mason v. Rees, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-7170.
    Marquez v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 88-7172.
    Smith v. Estelle et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 88-7174.
    Shearer v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 88-7175.
    Jones v. Dugger, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7176.
    Sanders v. California.
   App. Dept., Super. Ct. Cal., Los Angeles County. Certiorari denied.


text:
    No. 88-7177.
    Calpin v. Kadish.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7178.
    Hoffman v. Kelsey et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-7179.
    Jones v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7182.
    Mireles v. McKay, Attorney General of Nevada.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-7187.
    Mathews v. Morris, Superintendent, Southern Ohio Correctional Facility.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 88-7192.
    Chandler v. White et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-7193.
    Manchester v. Flynn et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-7197.
    Roberts v. J. M. Huber Corp.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-7202.
    Carpenter et ux. v. West Virginia Department of Human Services et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-7203.
    Shannon v. O’Leary, Warden, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 88-7206.
    Coleman et al. v. Butler.
   Sup. Ct. Ark. Certiorari denied.


text:
    No. 88-7207.
    Corbit v. Denley.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 88-7208.
    Perez v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 88-7220.
    Warren v. Texas.
   Ct. Crim. App. Tex. Cer-tiorari denied.


text:
    No. 88-7256.
    Blair v. Preece et al.
   Sup. Ct. App. W. Va. Certiorari denied.


text:
    No. 88-7273.
    Adkisson v. Texas.
   Ct. App. Tex., 11th Dist. Certiorari denied.


text:
    No. 88-7280.
    Dressel et al. v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 88-7289.
    Williamson v. Buckingham et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-7296.
    Wynn v. United States et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 88-7317.
    Craft v. Nagle, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7320.
    Iduwe v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-7321.
    Jolly v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 88-7324.
    Robinson v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-7326.
    Bosley v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7328.
    Foots, aka Henderson v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7331.
    Williams v. New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 88-7335.
    No. 88-7339.
    McCarter v. United States; and Swisher v. United States.
   C. A. 8th Cir. Certiorari denied. Reported below: 881 F. 2d 1079.


text:
    No. 88-7336.
    Williams v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7342.
    Juvenile Male v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-7347.
    Rhoden v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7355.
    Holland v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-7357.
    Eagle v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-7365.
    Hatch v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 88-7369.
    Iraheta v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-7376.
    Mejia-Orosco v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-7380.
    Espinoza-Leon v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 88-7387.
    Bop-Nin Chow v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-7389.
    Dorsey v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 88-7390.
    Yamin v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-7392.
    Jones v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7396.
    Snook v. Connecticut.
   Sup. Ct. Conn. Cer-tiorari denied.


text:
    No. 88-7399.
    Pruitt v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-7401.
    Pervez v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-7410.
    Rojas v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 88-7424.
    Price v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 88-7458.
    Darwall, aka Farmer v. Michigan et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 85-5609.
    No. 86-6023.
    No. 87-6406.
    No. 88-1154.
    No. 88-5189.
    No. 88-5237.
    No. 88-5437.
    No. 88-5581.
    No. 88-5749.
    No. 88-5953.
    No. 88-6315.
    No. 88-6585.
    No. 88-6611.
    No. 88-6838.
    No. 88-7013.
    No. 88-7138.
    No. 88-7242.
    No. 88-7394.
    Prejean v. Blackburn, Warden. Kunkle v. Texas. Williams v. Lynaugh, Director, Texas Department of Corrections. Monroe v. Butler, Warden. Crews v. Illinois. Guerra v. Texas. Williams v. Georgia. Poggi v. California. Holloway v. Ohio. Mackall v. Virginia. Bell v. Lynaugh, Director, Texas Department of Corrections. Fetterly v. Idaho. LeCroy v. Florida. Perillo v. Texas. Kelly v. Lynaugh, Director, Texas Department of Corrections. Gillard v. Ohio. Stout v. Virginia. Nguyen v. Oklahoma.
   C. A. 5th Cir.;

Ct. Crim. App. Tex.;

C. A. 5th Cir.;

Crim. Dist. Ct. La., Parish of Orleans;

Sup. Ct. Ill.;

Ct. Crim. App. Tex.;

Sup. Ct. Ga.;

Sup. Ct. Cal.;

Sup. Ct. Ohio;

Sup. Ct. Va.;

C. A. 5th Cir.;

Sup. Ct. Idaho;

Sup. Ct. Fla.;

Ct. Crim. App. Tex.;

C. A. 5th Cir.;

Sup. Ct. Ohio;

Sup. Ct. Va.; and

Ct. Crim. App. Okla. Certiorari denied. Reported below: No. 85-5609, 743 F. 2d 1091 and 765 F. 2d 482; No. 86-6023, 771 S. W. 2d 435; No. 87-6406, 837 F. 2d 1294; No. 88-5189, 122 Ill. 2d 266, 522 N. E. 2d 1167; No. 88-5237, 771 S. W. 2d 453; No. 88-5437, 258 Ga. 281, 368 S. E. 2d 742; No. 88-5581, 45 Cal. 3d 306, 753 P. 2d 1082; No. 88-5749, 38 Ohio St. 3d 239, 527 N. E. 2d 831; No. 88-5953, 236 Va. 240, 372 S. E. 2d 759; -No. 88-6315, 858 F. 2d 978; No. 88-6585, 115 Idaho 231, 766 P. 2d 701; No. 88-6611, 533 So. 2d 750; No. 88-6838, 758 S. W. 2d 567; No. 88-7013, 862 F. 2d 1126; No. 88-7138, 40 Ohio St. 3d 226, 533 N. E. 2d 272; No. 88-7242, 237 Va. 126, 376 S. E. 2d 288; No. 88-7394, 769 P. 2d 167.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 87-1705.
    Barrett v. United States et al.
   C. A. 5th Cir. Certiorari denied.

Justice White and Justice Marshall would grant certiorari. Justice Brennan took no part in the consideration or decision of this petition.


text:
    No. 87-5666.
    High v. Zant, Warden.
   C. A. 11th Cir. The order entered June 30, 1988 [487 U. S. 1233], is vacated. Certio-rari 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 vacate the death sentence in this case.


text:
    No. 88-492.
    No. 88-553.
    Shoshone Tribe et al. v. Wyoming et al.; and City of Riverton, Wyoming, et al. v. United States et al.
   Sup. Ct. Wyo. Certiorari denied.

Justice O’Connor took no part in the consideration or decision of these petitions.


text:
    No. 88-626.
    Goodyear Tire & Rubber Co. v. Hodder.
   Sup. Ct. Minn. Motion of Motor Vehicle Manufacturers Association of the United States, Inc., et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 88-1186.
    Cudahy Co. et al. v. Miller et al.
   C. A. 10th Cir. Motion of National Association of Manufacturers of the United States of America for leave to file a brief as amicus curia# granted. Certiorari denied.


text:
    No. 88-1824.
    Deford et al. v. Soo Line Railroad Co. et al.
   C. A. 8th Cir. Certiorari denied.

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


text:
    No. 88-1867.
    Fleming v. Moore et al.
   Sup. Ct. Va. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari denied.


text:
    No. 88-7026 (A-891).
    No. 88-7354 (A-932).
    Fearance v. Texas; and Bower v. Texas.
   Ct. Crim. App. Tex. Applications for stays of mandates, presented to Justice White, and by him referred to the Court, denied. Certiorari denied. Reported below: No. 88-7026, 771 S. W. 2d 486; No. 88-7354, 769 S. W. 2d 887.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 88-1463.
    No. 88-1481.
    No. 88-1533.
    No. 88-1570.
    No. 88-1673.
    No. 88-5799.
    No. 88-6066.
    No. 88-6353.
    No. 88-6618.
    No. 88-6641.
    No. 88-6642.
    No. 88-6737.
    Wrenn v. State Industrial Insurance System, Oen Yin-Choy v. Robinson, United States Marshal for the Northern District of California, Twist v. Thornburgh, Attorney General of the United States, Washington et ux. v. First Federal Savings & Loan Association of LaPorte County, Indiana, et al., Bonello v. Connecticut, Beuke v. Ohio, Hildwin v. Florida, Bedford v. Ohio, Fritz v. Barker, Judge, Kentucky Circuit Court at Fayette, et al., Herbert v. United States, Albanese v. Illinois, McColpin v. United States, Fritz v. Barker, Judge, Kentucky Circuit Court at Fayette, et al., Foster v. Georgia, Lee v. Georgia, In re Phillips, Filoon v. Workmen’s Compensation Appeal Board, Eubanks et ux. v. South Carolina National Bank et al., Thompson v. Lynaugh, Director, Texas Department of Corrections, et al., Craig v. Lynaugh, Director, Texas Department of Corrections, Flanagan v. United States, Martin v. C. Itoh & Co., Inc., et al., In re Martin, Chizmadia v. Smiley’s Point Clinic et al.,
   490 U. S. 1080;

490 U. S. 1106;

490 U. S. 1066;

490 U. S. 1067;

490 U. S. 1082;

489 U. S. 1071;

490 U. S. 638;

489 U. S. 1072;

490 U. S. 1070;

490 U. S. 1070;

490 U. S. 1075;

490 U. S. 1070;

No. 88-6785.

No. 88-6804.

No. 88-6810.

No. 88-6826.

No. 88-6886.

No. 88-6932.

No. 88-6962.

No. 88-6988.

No. 88-7004.

No. 88-7015.

No. 88-7016.

No. 88-7068.

490 U. S. 1070;

490 U. S. 1085;

490 U. S. 1075;

490 U. S. 1064;

490 U. S. 1072;

490 U. S. 1083;

490 U. S. 1092;

490 U. S. 1093;

490 U. S. 1074;

490 U. S. 1100;

490 U. S. 1097; and

490 U. S. 1084. Petitions for rehearing denied.


text:
    No. 88-1178.
    Keane v. United States,
   490 U. S. 1084. Petition for rehearing denied.

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


text:
    No. 88-7052.
    Marine v. United States,
   490 U. S. 1075. Motion for leave to file petition for rehearing denied.


text:
    July 12, 1989
    No. A-1060 (88-7562).
    Kimble v. Vasquez, Warden.
   Sup. Ct. Cal. Application for stay of execution of sentence of death, presented to Justice O’Connor, and by her referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certio-rari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.


text:
    July 13, 1989
    No. A-29 (89-5094).
    Dunkins v. Jones, Warden, et al.
   C. A. 11th Cir. Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. A-31.
    Dunkins v. Jones, Warden, et al.
   Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    July 18, 1989
    No. A-42 (89-5121).
    Hamblen v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court.


text:
    August 11, 1989
    No. A-916.
    Bankers Multiple Line Insurance Co. v. Farish et al.
   Dist. Ct. App. Fla., 4th Dist. Application for stay, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-917 (88-7626).
    Rivera v. Oroweat Foods Co., Inc., et al.
   C. A. 9th Cir.’ Application for recall and stay of mandate, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-961.
    United States Automobile Assn. v. Wade et al.
   Sup. Ct. Ala. Application for stay, addressed to Justice O’Connor and referred to the Court, denied.


text:
    No. A-19.
    Hastings, United States District Judge v. United States Senate et al.
   Application for injunction, addressed to Justice Brennan and referred to the Court, denied.

The Chief Justice took no part in the consideration or decision of this application.


text:
    No. D-766.
    In re Disbarment of Halper.
    [For earlier order herein, see 489 U. S. 1004.]
   Disbarment entered.


text:
    No. D-778.
    In re Disbarment of Shultz.
    [For earlier order herein, see 490 U. S. 1017.]
   Disbarment entered.


text:
    No. D-780.
    In re Disbarment of Hayes.
    [For earlier order herein, see 490 U. S. 1017.]
   Disbarment entered.


text:
    No. D-781.
    In re Disbarment of Black.
    [For earlier order herein, see 490 U. S. 1017.]
   Disbarment entered.


text:
    No. D-782.
    In re Disbarment of Ricks.
    [For earlier order herein, see 490 U. S. 1044.]
   Disbarment entered.


text:
    No. D-783.
    In re Disbarment of Paige.
    [For earlier order herein, see 490 U. S. 1044.]
   Disbarment entered.


text:
    No. D-785.
    In re Disbarment of Aronson.
    [For earlier order herein, see 490 U. S. 1062.]
   Disbarment entered.


text:
    No. D-786.
    In re Disbarment of Ford.
    [For earlier order herein, see 490 U. S. 1062.]
   Disbarment entered.


text:
    No. D-790.
    In re Disbarment of Fitzgerald.
    [For earlier order herein, see 490 U. S. 1089.]
   Disbarment entered.


text:
    No. D-795.
    In re Disbarment of Held.
   It is ordered that John J. Held, of Erie, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-796.
    In re Disbarment of Cannon.
   It is ordered that Glenn Dale Cannon, of Gulfport, Miss., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-797.
    In re Disbarment of Ripes.
   It is ordered that Lawrence Ripes, of Northbrook, 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-798.
    In re Disbarment of Zealy.
   It is ordered that Michael Edwin Zealy, of Fort Lauderdale, Fla., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-799.
    In re Disbarment of Davis.
   It is ordered that Arvin Lee Davis, of Kalamazoo, 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-800.
    In re Disbarment of Klan.
   It is ordered that William Francis Xavier Klan, of Danbury, Conn., 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-801.
    In re Disbarment of Jacobson.
   It is ordered that Robert George Jacobson, of Port Charlotte, Fla., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-802.
    In re Disbarment of Rollman.
   It is ordered that Warren E. Rollman, of Baltimore, Md., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-803.
    In re Disbarment of DiRicco.
   It is ordered that Dennis R. DiRicco, of San Mateo, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-804.
    In re Disbarment of McManus.
   It is ordered that George W. McManus, Jr., of Baltimore, Md., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 87-1614.
    No. 87-1639.
    No. 87-1668.
    No. 87-7107.
    No. 88-420.
    No. 88-774.
    No. 88-897.
    No. 88-1612.
    No. 88-1616.
    No. 88-1672.
    No. 88-1711.
    No. 88-1717.
    No. 88-1799.
    No. 88-5241.
    No. 88-6494.
    No. 88-6723.
    No. 88-6917.
    No. 88-6959.
    No. 88-6992.
    No. 88-7057.
    Martin et al. v. Wilks et al., Personnel Board of Jefferson County, Alabama, et al. v. Wilks et al., Arrington et al. v. Wilks et al., Slaughter v. Kentucky, Jones, Superintendent, Missouri Training Center for Men at Moberly v. Thomas, Newman-Green, Inc. v. Alfonzo-Larrain et al., Ashenbaugh et al. v. Crucible Inc. 1975 Salaried Retirement Plan, Hodge v. Kelly et al., Lombardo v. United States, Acosta v. Sullivan, Secretary of Health and Human Services, Pruessman v. Lewis et al., Fassler v. United States, Jackson v. United States, Howard v. South Carolina, Wrenn v. Benson et al., Nixon v. Mississippi, Meade-Murphy v. City of Atlanta et al., Menard v. County of Henrico, Virginia, et al., Williams v. Wallman, Warden, et al., Ruscitti v. Estate of Ruscitti, Barnes v. Dugger, Secretary, Florida Department of Corrections, et al., Martin v. Court of Appeals of Maryland et al., O’Neal v. Eu et al., Carter v. Ohio, Martin v. Abram D. Mellinger Real Estate, Inc., In re Martin, May v. Hackett, Irving, aka Owens v. United States, Branham v. Grinage et al., Stengel v. United States, In re Humphrey,
   490 U. S. 755;

490 U. S. 755;

490 U. S. 755;

490 U. S. 1113;

491 U. S. 376;

490 U. S. 826;

490 U. S. 1105;

490 U. S. 1081;

491 U. S. 905;

490 U. S. 1082;

490 U. S. 1116;

490 U. S. 1099;

490 U. S. 1099;

490 U. S. 1113;

490 U. S. 1069;

490 U. S. 1102;

491 U. S. 907;

490 U. S. 1110;

490 U. S. 1093;

490 U. S. 1111;

No. 88-7065.

No. 88-7103.

No. 88-7107.

No. 88-7128.

No. 88-7148.

No. 88-7157.

No. 88-7171.

No. 88-7200.

No. 88-7240.

No. 88-7272.

No. 88-7281.

490 U. S. 1111;

491 U. S. 908;

ante, p. 909;

ante, p. 909;

ante, p. 910;

ante, p. 904;

490 U. S. 1112;

490 U. S. 1113;

ante, p. 910;

491 U. S. 909; and

491 U. S. 903. Petitions for rehearing denied.


text:
    No.-.
    In re Mason et ux.,
   490 U. S. 1104. Petition

for rehearing and for other relief denied.


text:
    No. 87-963.
    No. 87-1616.
    Hernandez v. Commissioner of Internal Revenue, Graham et al. v. Commissioner of Internal Revenue,
   490 U. S. 680; and

490 U. S. 680. Petition for rehearing denied. Motion to remand for further proceedings on unresolved issues denied.

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


text:
    No. 87-6405.
    Tompkins v. Texas,
   490 U. S. 754. Petition for rehearing denied.

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


text:
    No. 88-1843.
    Roggio v. United States,
   490 U. S. 1109. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied.


text:
    August 17, 1989
    No. A-139.
    Richardson v. Alabama.
   Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, denied.

Justice Brennan and Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay of execution 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. 89-5395 (A-142).
    Richardson v. Thigpen, Commissioner, Alabama Department of Corrections.
   C. A. 11th Cir. Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, denied. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    August 18, 1989
    No. A-126.
    No. A-127.
    Southern University Board of Supervisors v. United States et al.; and Louisiana ex rel. Guste, Attorney General of Louisiana v. United States et al.
   Applications for stay, presented to Justice White, and by him referred to the Court, granted, and enforcement of the judgment and orders of the United States District Court for the Eastern District Court of Louisiana, Civil Action No. 80-3300, entered August 2, 1988, July 19, 1989, and August 4, 1989, is stayed pending the timely docketing of appeals in these cases and final disposition by the Court.

Justice Brennan, Justice Marshall, and Justice Blackmun dissent.


text:
    August 25, 1989
    No. 88-1000.
    New York v. Harris.
   Ct. App. N. Y. [Cer-tiorari granted, 490 U. S. 1018.] Barrington D. Parker, Jr., Esq., of New York, N. Y., a member of the Bar of this Court, is invited to brief and argue this case as amicus curiae in support of the judgment below.


text:
    August 30, 1989
    No. A-18.
    Polyak v. Stack et al.
   C. A. 6th Cir. Application for stay, addressed to Justice Blackmun and referred to the Court, denied.


text:
    No. A-47.
    City of New York et al. v. Seawall Associates et al.
   Ct. App. N. Y. Application for stay, presented to Justice Marshall, and by him referred to the Court, denied, and the order heretofore entered by Justice Marshall on July 20, 1989, is vacated.

Justice Brennan and Justice Marshall would grant the application for stay.


text:
    No. A-76 (89-5357).
    Lebbos v. State Bar of California et al.
   Ct. App. Cal., 6th App. Dist. Application for stay, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-152.
    B. J. Alan Co., Inc., et al. v. Interstate Commerce Commission et al.
   Application for stay pending appeal to the United States Court of Appeals for the District of Columbia Circuit, presented to Justice Brennan, and by him referred to the Court, denied.


text:
    No. 87-1965.
    Zinermon et al. v. Burch.
   C. A. 11th Cir. [Certiorari granted, 489 U. S. 1064.] Motion of American Ortho-psychiatric Association et al. for leave to file a brief as amici curiae granted.


text:
    No. 88-854.
    No. 88-856.
    No. 88-870.
    Spallone v. United States et al.; Chema v. United States et al.; and Longo et al. v. United States et al.
   C. A. 2d Cir. [Certiorari granted, 489 U. S. 1064.] Motion of petitioner in No. 88-854 for divided argument and for additional time for oral argument denied. Motion of petitioner in No. 88-856 for divided argument and for additional time for oral argument denied. Motion of petitioners in No. 88-870 for divided argument and for additional time for oral argument denied. Motion of respondents Yonkers Branch National Association for the Advancement of Colored People et al. for divided argument and for additional time for oral argument denied.


text:
    No. 88-1076.
    Preseault et ux. v. Interstate Commerce Commission et al.
   C. A. 2d Cir. [Certiorari granted, 490 U. S. 1034.] Motion of respondents Vermont et al. for divided argument granted.


text:
    No. 88-1150.
    Missouri et al. v. Jenkins et al.
   C. A. 8th Cir. [Certiorari granted, 490 U. S. 1034.] Motion of Icelean Clark 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. 88-1182.
    No. 88-6651.
    Baltimore City Department of Social Services v. Bouknight; and Maurice M. v. Bouknight.
   Ct. App. Md. [Certiorari granted, 490 U. S. 1003.] Motion of petitioner Maurice M. for divided argument granted.


text:
    No. 88-1198.
    No. 88-1393.
    Federal Trade Commission v. Superior Court Trial Lawyers Assn.; and Superior Court Trial Lawyers Assn. et al. v. Federal Trade Commission.
   C. A. D. C. Cir. [Certiorari granted, 490 U. S. 1019.] Motion of respondents/cross-petitioners Superior Court Trial Lawyers Association et al. for divided argument denied.


text:
    No. 88-1569.
    Austin, Michigan Secretary of State, et al. v. Michigan State Chamber of Commerce.
   C. A. 6th Cir. [Probable jurisdiction noted, 490 U. S. 1045.] Motion of Federal Election Commission for leave to participate in oral argument as amicus curiae and for divided argument denied.


text:
    No. 88-1640.
    Michigan Citizens for an Independent Press et al. v. Thornburgh, Attorney General of the United States, et al.
   C. A. D. C. Cir. [Certiorari granted, 490 U. S. 1045.] Motion of the Acting Solicitor General for divided argument denied.

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


text:
    No. 89-5476 (A-175).
    Waye v. Murray, Director, Virginia Department of Corrections.
   C. A. 4th Cir. Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 89-5477 (A-176).
    Waye v. Townley, Warden.
   C. A. 4th Cir. Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    No. 86-6023.
    No. 87-746.
    No. 87-1293.
    No. 87-1697.
    No. 87-1711.
    No. 87-1854.
    No. 87-5666.
    No. 87-5765.
    No. 87-6026.
    No. 87-6406.
    No. 87-6997.
    No. 88-226.
    Kunkle v. Texas, Michael H. et al. v. Gerald D., Bhandari v. First National Bank of Commerce, Wilkinson v. Confederated Tribes and Bands of the Yakima Indian Nation et al., County of Yakima et al. v. Confederated Tribes and Bands of the Yakima Indian Nation et al., Cory v. Standard Federal Savings & Loan Assn. et al., High v. Zant, Warden, Stanford v. Kentucky, Wilkins v. Missouri, Williams v. Lynaugh, Director, Texas Department of Corrections, Carella v. California, Ward et al. v. Rock Against Racism, South Carolina v. Gathers, Diamond v. Charles et al., Cowhig v. Marsh, Secretary of the Army, Worrell v. B. F. Goodrich Co., Barrow v. Wahl et al., Davenport v. United States, Crews v. Illinois, Guerra v. Texas, Williams v. Georgia, Poggi v. California, Beaty v. Arizona, Lightsey v. Yeager, Warden, et al., Johnson v. Department of Justice, Beets v. Texas, Pantoja v. Stateville Correctional Center et al., Bynum v. Wood, Madsen v. Morrell et al., Hart v. Frame et al., Hernandez v. California, Mason v. Rees, Warden, Shannon v. O’Leary, Warden, et al., Coleman et al. v. Butler, Williams v. New York et al., Holland v. United States, Nguyen v. Oklahoma, In re Qualman et ux., Darwall, aka Farmer v. Michigan et al.,
   ante, p. 925;

491 U. S. 110;

ante, p. 901;

ante, p. 408;

ante, p. 408;

ante, p. 918;

ante, p. 926;

ante, p. 361;

ante, p. 361;

ante, p. 925;

491 U. S. 263;

491 U. S. 781;

No. 88-305.

No. 88-664.

No. 88-1745.

No. 88-1760.

No. 88-1817.

No. 88-1854.

No. 88-5189.

No. 88-5237.

No. 88-5437.

No. 88-5581.

No. 88-6154.

No. 88-6957.

No. 88-6977.

No. 88-7062.

No. 88-7110.

No. 88-7111.

No. 88-7114.

No. 88-7116.

No. 88-7120.

No. 88-7169.

No. 88-7203.

No. 88-7206.

No. 88-7331.

No. 88-7355.

No. 88-7394.

No. 88-7408.

No. 88-7458.

490 U. S. 805;

ante, p. 905;

ante, p. 906;

491 U. S. 907;

491 U. S. 907;

491 U. S. 907;

ante, p. 925;

ante, p. 925;

ante, p. 925;

ante, p. 925;

491 U. S. 910;

ante, p. 909;

490 U. S. 1111;

ante, p. 912;

ante, p. 921;

ante, p. 909;

ante, p. 909;

ante, p. 909;

491 U. S. 910;

ante, p. 921;

ante, p. 922;

ante, p. 922;

ante, p. 923;

ante, p. 924;

ante, p. 925;

ante, p. 916; and

ante, p. 925. Petitions for rehearing denied.


text:
    No. 88-309.
    Wyoming v. United States et al.,
   ante, p. 406. Petition for rehearing filed by Wyoming denied. Petition for rehearing filed by respondents Bradford Bath et al. denied. Justice O’Connor took no part in the consideration or decision of these petitions.


text:
    No. 88-5868.
    Belmontes v. California,
   488 U. S. 1034. Motion for leave to file petition for rehearing denied.


text:
    No. 88-6078.
    Britz v. Illinois,
   489 U. S. 1044 and 490 U. S. 1042. Motion of petitioner for leave to file second petition for rehearing denied.


text:
    September 5, 1989
    No. 89-77.
    Louisiana Dock Co., Inc. v. Logan.
   Sup. Ct. La. Certiorari dismissed under this Court’s Rule 58.


text:
    No. 88-2063.
    Minorco v. Consolidated Gold Fields PLC et al.
   C. A. 2d Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    September 13, 1989
    No. 89-195.
    Monroe v. Butler, Warden.
   Crim. Dist. Ct., Parish of Orleans, La. Certiorari dismissed under this Court’s Rule 53.


text:
    No. A-159 (89-5221).
    Paster v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied.

Justice Blackmun and Justice Stevens would grant the application.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    September 21, 1989
    No. 88-2017.
    M/V Litsa, fka Laurie U v. Southeastern Maritime Co. et al.
   C. A. 3d Cir. Certiorari dismissed as to Port Stevedoring Co., Inc., and Ryan-Walsh Stevedoring Co., Inc., under this Court’s Rule 53.


text:
    September 25, 1989
    No. A-58 (88-2010).
    Roy v. United States.
   C. A. 11th Cir. Application to recall and stay the mandate, addressed to Justice Sc alia and referred to the Court, denied.


text:
    No. A-85.
    Johnston et al. v. Smith et al.
   Super. Ct. Cal., San Mateo County. Application for stay, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-95 (88-2127).
    Vahlsing v. Maine.
   Sup. Jud. Ct. Me. Application for stay, addressed to Justice White and referred to the Court, denied.


text:
    No. A-124.
    Rosenthal v. Arabian et al.
   C. A. 9th Cir. Application for stay, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-149 (89-237).
    Payne v. Immigration and Naturalization Service.
   C. A. 4th Cir. Application for stay of deportation, addressed to Justice O’Connor and referred to the Court, denied.


text:
    No. D-776.
    In re Disbarment of Werner.
    [For earlier order herein, see 490 U. S. 1016.]
   Disbarment entered.


text:
    No. D-779.
    In re Disbarment of Lampert.
    [For earlier order herein, see 490 U. S. 1017.]
   Disbarment entered.


text:
    No. D-789.
    In re Disbarment of Guinan.
    [For earlier order herein, see 490 U. S. 1079.]
   Disbarment entered.


text:
    No. D-791.
    In re Disbarment of Krowen.
    [For earlier order herein, see 490 U. S. 1104.]
   Disbarment entered.


text:
    No. D-792.
    In re Disbarment of Schaefer.
    [For earlier order herein, see 491 U. S. 902.]
   Disbarment entered.


text:
    No. D-805.
    In re Disbarment of Pollack.
   It is ordered that Elliott H. Pollack, of New York, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-806.
    In re Disbarment of Biaggi.
   It is ordered thát Richard Mario Biaggi, of New York, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-807.
    In re Disbarment of Cally.
   It is ordered that James J. Cally, of Flushing, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-808.
    In re Disbarment of Addams.
   It is ordered that Nicholas A. Addams, of Washington, D. C., 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-809.
    In re Disbarment of Ehrlich.
   It is ordered that Bernard Gordon Ehrlich, of New York, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-810.
    In re Disbarment of Simon.
   It is ordered that Stanley Simon, of New York, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 87-1955.
    Lewis, Comptroller of the State of Florida v. Continental Bank Corp. et al.
   C. A. 11th Cir. [Probable jurisdiction noted, 490 U. S. 1097.] Motion of appellant for divided argument denied.


text:
    No. 87-1979.
    No. 88-127.
    Chesapeake & Ohio Railway Co. v. Schwalb et al.; and Norfolk & Western Railway Co. v. Goode.
   Sup. Ct. Va. [Certiorari granted, 489 U. S. 1009.] Motion of the Solicitor General to permit Christine Desan Husson, Esq., to present oral argument pro hac vice, as amicus curiae, granted.


text:
    No. 87-2048.
    Texaco Inc. v. Hasbrouck, dba Rick’s Texaco, et al.
   C. A. 9th Cir. [Certiorari granted, 490 U. S. 1105.] Motions for leave to file briefs as amici curiae filed by the following are granted: Motor & Equipment Manufacturers Association, National Association of Wholesaler-Distributors, Boise Cascade Corp., Society of Independent Gasoline Marketers of America et al., National Association of Texaco Wholesalers, American Petroleum Institute et al., Motor Vehicle Manufacturers Association of the United States et al, and Petroleum Marketers Association of America. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-1105.
    Guidry v. Sheet Metal Workers National Pension Fund et al.
   C. A. 10th Cir. [Certiorari granted, ante, p. 904.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument denied.

Justice Blackmun would grant the motion.


text:
    No. 88-1323.
    Sullivan, Secretary of Health and Human Services, et al. v. Everhart et al.
   C. A. 10th Cir. [Cer-tiorari granted, 490 U. S. 1080.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 88-1369.
    Maryland v. Buie.
   Ct. App. Md. [Certiorari granted, 490 U. S. 1097.] Motion of the Solicitor General for leave to participate in oral argument as amicus cioriae and for divided argument granted.


text:
    No. 88-1480.
    Reves et al. v. Arthur Young & Co.
   C. A. 8th Cir. [Certiorari granted, 490 U. S. 1105.] Motion of the Solicitor General for leave to participate in oral argument as amicus curriae and for divided argument granted.


text:
    No. 88-1503.
    Cruzan, by her Parents and Co-Guardians, Cruzan et ux. v. Director, Missouri Department of Health, et al.
   Sup. Ct. Mo. [Certiorari granted, ante, p. 917.] Motion of petitioners to dispense with printing the joint appendix granted.


text:
    No. 88-1512.
    Ferens et ux. v. John Deere Co.
   C. A. 3d Cir. [Certiorari granted, 490 U. S. 1064.] Motions of Pfizer, Inc., and Product Liability Advisory Council for leave to file briefs as amici curiae granted.


text:
    No. 88-1668.
    Atlantic Richfield Co. v. USA Petroleum Co.
   C. A. 9th Cir. [Certiorari granted, 490 U. S. 1097.] Motion of American Newspaper Publishers Association for leave to file a brief as amicus curiae granted. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-7146.
    Whitmore, Individually and as Next Friend of Simmons v. Arkansas et al.
   Sup. Ct. Ark. [Cer-tiorari granted, ante, p. 917.] Motion of respondents for divided argument and for additional time for oral argument denied.


text:
    September 28, 1989
    No. A-231 (89-5621).
    Grant v. Vasquez, Warden.
   Sup. Ct. Cal. Application for stay of execution of sentence of death, presented to Justice O’Connor, and by her referred to the Court, granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certio-rari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.