author: Justice Brennan,

text:
    May 1, 1990
    No. A-760.
    Shaw 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 and Justice Stevens would grant the application.

Justice Brennan,

with whom Justice Marshall joins,

dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227 (1976) (Brennan, J., dissenting), I would grant the application for a stay. I believe that the procedural posture of this case makes a stay particularly appropriate. The Court of Appeals for the Eighth Circuit affirmed the District Court’s denial of Robert Shaw’s first federal habeas petition on March 28, 1990, and the mandate of the court issued on April 19. The very next day, the Missouri Supreme Court ordered that Shaw be executed on May 2, well before expiration of the time period during which Shaw may file a petition for writ of certiorari in this Court. Shaw then filed with the Eighth Circuit a motion to recall issuance of mandate and application for a stay of execution; the court denied both on April 30, two days prior to his scheduled execution. I believe it inappropriate to deny Shaw’s application for a stay before he has a fair opportunity to file a petition for writ of certiorari in this Court.


source: Caselaw Access Project

author: Justice Brennan and Justice Marshall,

license: Public Domain

text:
    No. 89-7359 (A-762).
    Tafero v. Florida.
   Sup. Ct. Fla. 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:
    May 3, 1990
    No. A-773.
    Tafero v. Dugger, Secretary, Florida Department of Corrections.
   Application for stay of execution of sentence of death, presented to Justice Kennedy, and by him referred to the Court, denied.

Justice 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:
    May 10, 1990
    No. A-785.
    Stokes 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 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.


author: ■ Justice Brennan and Justice Marshall,

text:
    May 11, 1990
    No. A-798.
    Stokes v. Delo, Superintendent, Potosi Correctional Center.
   Application for stay of execution of sentence of death, presented to Justice Blackmun, 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.


text:
    May 14, 1990
    No. 88-7070.
    Gallagher v. United States.
   C. A. 3d 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 United States v. Ojeda Rios, ante, p. 257.


text:
    No. 89-479.
    Benitez et al. v. Port Authority Trans-Hudson Corp.
   C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Port Authority Trans-Hudson Corp. v. Feeney, ante, p. 299.


author: Justice Stevens, Justice Kennedy,

text:
    No. A-752.
    Hirsh et al. v. City of Atlanta, Georgia.
   Super. Ct. Ga., Fulton County. Application for stay, presented to Justice Kennedy, and by him referred to the Court, denied.

Justice Stevens,

concurring.

It would be irresponsible to attempt to distinguish National Socialist Party of America v. Skokie, 432 U. S. 43 (1977), on the basis of any difference in the content of the speech involved in that case and the content of the speech involved in this. It is entirely proper, however, to draw a distinction between injunctive relief imposing time, place, and manner restrictions upon a class of persons who have persistently and repeatedly engaged in unlawful conduct, on the one hand, cf. National Society of Professional Engineers v. United States, 435 U. S. 679, 697-698 (1978); United States v. Paradise, 480 U. S. 149, 193 (1987) (Stevens, J., concurring in judgment), and an injunction that constitutes a naked prior restraint against a proposed march by a group that did not have a similar history of illegal conduct in the jurisdiction where the march was scheduled. Cf. Organization for a Better Austin v. Keefe, 402 U. S. 415, 419-420 (1971); Shuttlesworth v. Birmingham, 394 U. S. 147, 162-163 (1969) (Harlan, J., concurring). I would not extend the holding in the Skokie case to this quite different situation. For that reason, I think the Court correctly exercises its discretion to deny the application for extraordinary relief in this case.

Justice Kennedy,

with whom Justice Brennan, Justice Marshall, and Justice Scalia join,

dissenting.

A Georgia trial court issued an injunction prohibiting at least one of the applicants from engaging in certain means of public protest. The Supreme Court of Georgia refused to stay the injunction pending appeal. National Socialist Party of America v. Skokie, 432 U. S. 43 (1977), does not distinguish among speakers based on the content of their speech. Its terms, in my view, require us to treat the stay application as a petition for certiorari, to grant certiorari, and to reverse the denial of a stay by the Supreme Court of Georgia. See id., at 44. I dissent from the denial of the stay.


text:
    No. D-887.
    In re Disbarment of Aragon.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1064.]


text:
    No. 116, Orig.
    Alabama et al. v. W. R. Grace & Co. et al.
   Motion of New Jersey for leave to intervene as a party plaintiff denied. Motion for leave to file bill of complaint denied.

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


text:
    No. 89-1193.
    No. 89-1499.
    No. 89-1508.
    B & H Industries of Southwest Florida, Inc. v. Dieter et al. Plazzo et al. v. Nationwide Mutual Insurance Co. et al. Colorado Interstate Gas Co. v. Natural Gas Pipe Line Company of America et al.
   C. A. 11th Cir.; C. A. 6th Cir.; and C. A. 10th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.


text:
    No. 89-1399.
    International Society for Krishna Consciousness of California et al. v. George et al.
   Ct. App. Cal., 4th App. Dist. Motions of World Hindu Assembly of North America et al, National Association of Evangelicals et al., and National Council of Churches of Christ in the United States et al. for leave to file briefs as amici curiae granted.


text:
    No. 89-1433.
    No. 89-1434.
    United States v. Eichman et al. United States v. Haggerty et al.
   D. C. D. C. [Probable jurisdiction noted, 494 U. S. 1063]; and D. C. W. D. Wash. [Probable jurisdiction noted, 494 U. S. 1063.] Motion of Association of Art Museum Directors et al. for leave to file a brief as amici curiae out of time granted.


text:
    No. 89-5916.
    Demarest v. Manspeaker et al.
   C. A. 10th Cir. [Certiorari granted, ante, p. 903.] Motion for appointment of counsel granted, and it is ordered that James E. Scarboro, Esq., of Denver, Colo., be appointed to serve as counsel for petitioner in this case.


text:
    No. 89-6677.
    No. 89-7025.
    No. 89-7077.
    White v. United States. Mount v. Gorelick et al. Nicolaisen v. Toei Shipping Co., Ltd., et al.
   C. A. 8th Cir.; Ct. App. Cal., 6th App. Dist.; and C. A. 3d Cir. Motions of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until June 4, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit petitions in compliance with Rule 33 of the Rules of this Court.

Justice Brennan, Justice Marshall, and Justice Stevens,

dissenting.

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


text:
    No. 89-6992.
    In re John.
   Petition for writ of mandamus denied.


text:
    No. 89-7035.
    In re Skibo.
   Petition for writ of prohibition denied.


text:
    No. 89-1008.
    Owen v. Owen.
   C. A. 11th Cir. Certiorari granted.


text:
    No. 89-1111.
    Ballbe v. Immigration and Naturalization Service.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-1179.
    Jerome Mirza & Associates, Ltd. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1192.
    Glinsey v. Illinois.
   App. Ct. 111., 4th Dist.

Certiorari denied.


text:
    No. 89-1240.
    Thompson v. Duke et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1268.
    Harrisingh v. Fowler.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 89-1281.
    Botero Moreno v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-1307.
    Mr. W Fireworks, Inc. v. Dole, Secretary of Labor.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1321.
    Born v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1346.
    Automobile Club of New York, Inc., et al. v. Port Authority of New York and New Jersey et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1364.
    Richardson v. City of Chicago et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1383.
    Gray v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1398.
    George v. International Society for Krishna Consciousness of California et al.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 89-1420.
    Weiner v. Doubleday & Co., Inc., et al.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 89-1438.
    Mount Washington Cemetery et al. v. Monument Builders of Greater Kansas City, Inc.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-1441.
    Innotron Diagnostics v. Abbott Laboratories.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1442.
    Save Our Streams v. Federal Energy Regulatory Commission.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1443.
    Hawley, Individually and as Next Friend for Hawley, a Minor v. Kendall et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1455.
    Trager, Glass & Co. v. Newmyer et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-1456.
    Plumbers’ Pension Fund, Local 130, U. A., et al. v. Niedrich et ux.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1460.
    Lebbos v. San Jose Municipal Court.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 89-1463.
    Evans et al. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-1467.
    Wright et al. v. Land Developers Construction Co., Inc.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 89-1469.
    Dry Land Marina, Inc. v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 89-1470.
    Jack v. City of Tonganoxie.
   Ct. App. Kan. Certiorari denied.


text:
    No. 89-1473.
    Salminen v. City of Hibbing et al.
   Ct. App. Minn. Certiorari denied.


text:
    No. 89-1477.
    Figliuzzi et ux. v. Citibank, N. A.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-1479.
    Smith v. Baltimore City Police Department et al.
   Ct. Sp. App. Md. Certiorari denied.


text:
    No. 89-1480.
    Duran v. Texas et al.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 89-1481.
    Shat-R-Shield, Inc. v. Trojan, Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-1482.
    Lawrence Coal Co. v. Pennsylvania Department of Environmental Resources.
   Pa. Comraw. Ct. Certiorari denied.


text:
    No. 89-1485.
    Clark v. Seventh Judicial Circuit of South Dakota.
   Sup. Ct. S. D. Certiorari denied.


text:
    No. 89-1489.
    Central Vermont Railway, Inc. v. Vermont et al.
   Sup. Ct. Vt. Certiorari denied.


text:
    No. 89-1490.
    Marino et al. v. Ortiz et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1491.
    Hughes v. Buss.
   C. A. 7th Cir. Certiorari, denied.


text:
    No. 89-1495.
    Northwest Advancement, Inc., et al. v. Oregon Bureau of Labor et al.
   Ct. App. Ore. Certiorari

denied.


text:
    No. 89-1497.
    Saltany, Personal Representative of the Estate of Al-Oraibi, et al. v. Reagan et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-1498.
    New Orleans Steamship Assn. v. Plaquemines Port, Harbor & Terminal District.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1504.
    Newman v. Quigg, Commissioner of Patents and Trademarks.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-1507.
    Shelby County Sheriff et al. v. Leach.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-1512.
    City of Wichita, Kansas v. Peterson.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-1522.
    Pawnee Production Service, Inc., et al. v. Bazine State Bank.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 89-1526.
    Socialist Workers Party et al. v. Hechler, Secretary of State of West Virginia, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-1533.
    Stich v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1536.
    Hall, Individually and as Next Friend of Hall, Minor, et al. v. CNA Insurance Cos. et al.
   Ct. App. Tex., 14th Dist. Certiorari denied.


text:
    No. 89-1545.
    Quarterman et ux. v. Commissioner of Internal Revenue.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-1546.
    Admiral Equipment Co. v. Charles.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1548.
    Stagner v. United States Patent and Trademark Office et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-1552.
    Clausen Co. v. Dynatron/Bondo Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-1557.
    Shuman et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1562.
    Yamamoto v. Thrift Guaranty Corporation of Hawaii et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1565.
    Palazzolo et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1571.
    Allen v. Office of Personnel Management.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-1583.
    Campbell, Trustee v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1585.
    Cherry v. Yeutter, Secretary of Agriculture, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-1592.
    Ramirez v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-1600.
    Little et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1608.
    Maxey v. Kadrovach et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-1614.
    Lombard Brothers, Inc. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1615.
    Hefti et ux. v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-1616.
    American Technology Resources et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-1626.
    Clark & Wilkins Industries, Inc. v. National Labor Relations Board.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-6243.
    Leal v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6441.
    Verno v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6446.
    Reynoso v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6494.
    Asante v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6495.
    Vanover v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6513.
    Bagguley v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6596.
    Tillman v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6622.
    Kliewer v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 89-6635.
    Whipple v. Alexander, Superintendent, Madison Correctional Institution.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6669.
    Spencer v. Showers.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-6673.
    Grandison et al. v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6675.
    Curtis v. Allen, District Director, United States Department of Labor.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6700.
    Flick v. Blevins, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-6739.
    McKenzie v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6743.
    Kornegay v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-6753.
    Greene v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6764.
    Scott v. Department of the Army.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-6769.
    Sun v. Welch et al.
   Sup. Ct. Ga. Certiorari

denied.


text:
    No. 89-6787.
    Hawkins v. CECO Corp.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6797.
    Jones v. Department of the Navy.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-6858.
    Collier v. United States Postal Service et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6865.
    Foust v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6876.
    Wheatley v. Illinois.
   App. Ct. 111., 1st Dist. Certiorari denied.


text:
    No. 89-6923.
    Valencia-Roldan v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6934.
    Weekly v. Story, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6937.
    Friedman v. Montana et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6939.
    Smallwood v. Springer.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6944.
    Cooper v. Remax Wyandotte County Real Estate, Inc., et al.
   Ct. App. Kan. Certiorari denied.


text:
    No. 89-6946.
    Teter v. Jones, Superintendent, Missouri Training Center for Men.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6948.
    Gresham v. Ohio.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 89-6949.
    Curry v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 89-6951.
    Sanders v. Borgert et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6957.
    Moore v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6958.
    Forte v. Beerman et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-6963.
    Van Daam v. Chrysler First Financial Services Corp.
   Sup. Ct. R. I. Certiorari denied.


text:
    No. 89-6968.
    Scire v. Quinlan.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6969.
    Russell v. Mariani et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6970.
    Williams-Bey v. Trickey, Director, Division of Classification and Treatment, Missouri Department of Corrections.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6978.
    Cramer v. Marine Midland Bank.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6979.
    Fox v. United States Department of the Interior.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-6980.
    JarAllah v. Pickett Suite Hotel et al.
   Ct. App. Ga. Certiorari denied.


text:
    No. 89-6981.
    Abbott v. Parke, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6982.
    Fulford v. Smith, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6987.
    Andrisani v. Saugus Colony Ltd. et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-6989.
    Williams v. O’Leary, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-6993.
    McKessor v. Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 89-6994.
    Mayfield v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6996.
    Klacsmann v. Klacsmann.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6998.
    Arce v. Berbary, Superintendent, Wyoming Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7000.
    Roe v. Texas.
   Ct. App. Tex., 2d Dist. Certiorari denied.


text:
    No. 89-7011.
    Watson et al. v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 89-7012.
    Sherrills v. Wilson et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7013.
    Lawrence v. Texas Employment Commission.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 89-7017.
    Castillo v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7023.
    Pizano v. United States Postal Service.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7026.
    Fixel v. Brinkman, Warden.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 89-7029.
    Billini v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7031.
    Liberman v. Internal Revenue Service.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7045.
    Hines, aka Murray v. Shannon.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-7049.
    Gebreamlak v. Vasquez, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7053.
    Strable v. South Carolina et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-7057.
    Flanagan v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-7058.
    Crosby v. McMackin, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7060.
    Dobranski v. Kelly, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7061.
    Hicks v. Illinois.
   Sup. Ct. 111. Certiorari denied.


text:
    No. 89-7076.
    McGatha v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-7083.
    Reneer v. Dunn et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7097.
    Montgomery v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-7114.
    Marandola v. New Jersey.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 89-7116.
    Sharif v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-7117.
    Baasch v. United States et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7124.
    West v. Morgenthau, District Attorney for New York City.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7129.
    Hawk-Bey v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-7133.
    Holland v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-7144.
    Sherrod v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7150.
    Salsman et ux. v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-7152.
    Powell v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-7158.
    Urrutia v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7168.
    Vargas-Gonzales v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7169.
    Homa v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7176.
    Sanchez DeFundora v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-7191.
    Teegardin v. Medical X-Ray Center et al.
   Cir. Ct. S. D., Minnehaha County. Certiorari denied.


text:
    No. 89-7192.
    Luna v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7194.
    Burton v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7197.
    Lenear v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 89-7198.
    Monteagudo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-7200.
    Garcia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7204.
    Cortes v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7217.
    Rivera v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-7221.
    Jameson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7227.
    Garland v. Davis, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7228.
    DeBardeleben v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 89-7231.
    Vizcarra-Porras v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7234.
    Fisher v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7236.
    Whigham v. New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1309.
    Thier v. United States.
   C. A. 5th Cir. Motion of petitioner to strike portions of the brief in opposition filed by the United States denied. Certiorari denied.


text:
    No. 89-6486.
    No. 89-6916.
    No. 89-6926.
    No. 89-7037.
    No. 89-7059.
    No. 89-7085.
    No. 89-7214.
    Davis v. Texas. Baldree v. Texas. Boggs v. Bair, Warden, et al. Thompson v. Florida. Beck v. Zant, Warden. Parkus v. Missouri. Pruett v. Thompson, Warden.
   Ct. Crim. App. Tex.;

Ct. Crim. App. Tex.;

C. A. 4th Cir.;

Sup. Ct. Fla.;

Sup. Ct. Ga.;

Sup. Ct. Mo.; and

Sup. Ct. Va.

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 certiorari and vacate the death sentences in these cases.


text:
    No. 89-7280.
    Golub v. IBM Corp.; Golub v. Ernst & Whinney et al.; Golub v. Weiner & Co.; and Golub v. University of Chicago.
   C. A. 2d Cir. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari denied. Justice Blackmun and Justice Stevens took no part in the consideration or decision of this motion and this petition.


text:
    No. 88-1951.
    No. 88-7555.
    No. 89-937.
    No. 89-942.
    No. 89-1034.
    No. 89-1169.
    No. 89-1301.
    No. 89-5257.
    No. 89-5478.
    No. 89-6146.
    No. 89-6165.
    No. 89-6293.
    No. 89-6301.
    No. 89-6452.
    No. 89-6519.
    No. 89-6537.
    No. 89-6538.
    No. 89-6551.
    No. 89-6583.
    No. 89-6595.
    United States v. Dalm, Roe v. Ohio, De Kleinman v. Residential Board of Managers of the Olympic Tower Condominium et al., Rooker v. Rimer, Goldstein v. Delta Air Lines, Inc., COMORA et al. v. Radell et al., Safir v. United States Lines, Inc., et al. (two cases), Johnson v. California, Moore v. Kentucky, Blackmon v. Alabama, Lucas v. Bunnell, Warden, et al., Ferrel v. United States, Booth v. K mart Corp. et al., Burson v. Scott, Warden, Marsh v. United States, Lewis v. Russe et al., Fierro v. Collins, Director, Texas Department of Criminal Justice, Institutional Division, In re Martin, Smith et ux. v. Sooner Federal Savings & Loan Assn., Baker v. Ohio, Ray v. United States Senate et al.,
   494 U. S. 596;

494 U. S. 1060;

493 U. S. 1073;

493 U. S. 1073;

493 U. S. 1078;

494 U. S. 1028;

494 U. S. 1031;

494 U. S. 1038;

494 U. S. 1060;

494 U. S. 1032;

494 U. S. 1032;

494 U. S. 1032;

493 U. S. 1087;

494 U. S. 1033;

494 U. S. 1034;

494 U. S. 1035;

494 U. S. 1060;

494 U. S. 1025;

494 U. S. 1058;

494 U. S. 1058; and

No. 89-6680.

494 U. S. 1069. Petitions for rehearing denied.


text:
    No. 89-1210.
    Harduvel et al. v. General Dynamics Corp., 494 U. S. 1030.
   Motion of petitioners to defer consideration of the petition for rehearing denied. Petition for rehearing denied.


author: Justice Brennan

text:
    May 16, 1990
    No. A-805 (89-7503).
    Anderson v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   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

with whom Justice Marshall joins,

dissenting.

I dissent from the denial of the application for stay of execution. I believe that the procedural posture of this case makes a stay particularly appropriate. This is petitioner’s first petition for a writ of habeas corpus. The petition raises a substantial and recurring claim based on our decision in Penry v. Lynaugh, 492 U. S. 302 (1989), that Texas law precluded the presentation and consideration of mitigating evidence at the sentencing phase of his trial. The petition was pending in the District Court for the Eastern District of Texas for three years before the District Court ultimately rejected petitioner’s claims on March 9, 1990. After that ruling, the State immediately sought, and the trial court subsequently granted, an execution date of May 17. Such an early execution date deprived the Court of Appeals for the Fifth Circuit and this Court of the opportunity to review fully the merits of petitioner’s claim. This needless burden on federal review of potentially meritorious capital claims should not be sanctioned by this Court. Even the Judicial Conference’s recent proposal for streamlined review in capital cases is premised on the view that a prisoner is entitled to “one complete and fair course of collateral review in the state and federal system, free from the time pressure of impending execution.” Judicial Conference of the United States, Ad Hoc Committee on Federal Habeas Corpus in Capital Cases, Committee Report and Proposal 6 (Aug. 1989) (emphasis added). Petitioner is entitled to no less today.

I would in any event grant the application for stay of execution. I adhere 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) (Brennan, J., dissenting).


text:
    No. A-810 (89-7519).
    Anderson v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   Ct. Crim. App. Tex. Application for stay of execution of sentence of death, presented to Justice White, 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-811.
    Anderson v. Collins, Director, Texas Department of Criminal Justice, Institutional Division.
   Application for certificate of probable cause to appeal to the United States Court of Appeals for the Fifth Circuit, presented to Justice White, and by him referred to the Court, denied.

Justice Brennan and Justice Marshall would grant the application.


text:
    May 17, 1990
    No. 89-7522 (A-813).
    Prejean v. Whitley, Warden.
   Sup. Ct. La. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied. Certiorari denied.

Justice Brennan and Justice Marshall,

dissenting.

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


text:
    May 18, 1990
    No. 89-1607.
    Blue Cross of California v. Hughes.
   Ct.

App. Cal., 1st App. Dist. Certiorari dismissed under this Court’s Rule 46.


text:
    May 21, 1990
    No. 89-1335.
    Recarey v. United States.
   C. A. 11th Cir. Certiorari dismissed under this Court’s Rule 46.


text:
    No.---.
    Webb v. Thomas, Director, Hamilton County Department of Human Services.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. D-823.
    In re Disbarment of Winter.
   Disbarment entered. [For earlier order herein, see 493 U. S. 950.]


text:
    No. D-838.
    In re Disbarment of Adelman.
   Disbarment entered. [For earlier order herein, see 493 U. S. 972.]


text:
    No. D-840.
    In re Disbarment of Pemberton.
   Disbarment entered. [For earlier order herein, see 493 U. S. 973.]


text:
    No. D-853.
    In re Disbarment of Jones.
   Motion to dismiss the disciplinary proceedings granted. The rule to show cause, heretofore issued on January 16, 1990 [493 U. S. 1040], is hereby discharged.


text:
    No. D-860.
    In re Disbarment of Hipp.
   Disbarment entered. [For earlier order herein, see 493 U. S. 1067.]


text:
    No. D-861.
    In re Disbarment of Eisenberg.
   Disbarment entered. [For earlier order herein, see 493 U. S. 1067.]


text:
    No. D-864.
    In re Disbarment of Rocker.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1001.]


text:
    No. D-867.
    In re Disbarment of Digges.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1002.]


text:
    No. D-869.
    In re Disbarment of Bracken.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1002.]


text:
    No. D-870.
    In re Disbarment of Tschirhart.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1002.]


text:
    No. D-873.
    In re Disbarment of Sandborn.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1014.]


text:
    No. D-898.
    In re Disbarment of Kelly.
   It is ordered that Frank Allan Kelly, of Kingsport, Tenn., 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-899.
    In re Disbarment of Donnelly.
   It is ordered that Michael E. Donnelly, of Boise, Idaho, 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. 89-1048.
    FMC Corp. v. Holliday.
   C. A. 3d Cir. [Certiorari granted, 493 U. S. 1068.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 89-1363.
    United States v. France.
   C. A. 9th Cir. [Certiorari granted, ante, p. 903.] Motion for appointment of counsel granted, and it is ordered that Michael R. Levine, Esq., of Honolulu, Haw., be appointed to serve as counsel for respondent in this case.


text:
    No. 89-1493.
    Air Line Pilots Assn., International v. O’Neill et al.
   C. A. 5th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 89-5867.
    Irwin v. Department of Veterans Affairs et al.
   C. A. 5th Cir. [Certiorari granted, 493 U. S. 1069.] Motion of National Treasury Employees Union for leave to participate in oral argument as amicus curiae and for divided argument denied.


text:
    No. 89-7069.
    Etlin v. Etlin; and In re Etlin.
   Ct. App. Va. Motion of petitioner for leave to proceed informa pauperis denied. Petitioner is allowed until June 11, 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. 89-7189.
    Wei v. Delaware.
   Sup. Ct. Del. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until June 11, 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. 89-7341.
    In re Sun.
   Petition for writ of habeas corpus denied.


text:
    No. 89-7068.
    In re Douglass.
   Petition for writ of mandamus denied.


text:
    No. 88-2009.
    Richardson et al. v. United Steelworkers of America.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-999.
    Terwilliger v. Greyhound Lines, Inc., et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-1233.
    Estate of Yaeger, by Winters, Executor, et al. v. Commissioner of Internal Revenue.
   C. A. 2d Cir.

Certiorari denied.


text:
    No. 89-1238.
    Stead Motors of Walnut Creek v. Automotive Machinists Lodge No. 1173, International Association of Machinists & Aerospace Workers.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1263.
    Fischer et al. v. NWA, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-1276.
    Blommaert v. Illinois.
   App. Ct. 111., 3d Dist. Certiorari denied.


text:
    No. 89-1280.
    Guerra v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-1344.
    Enserch Exploration, Inc., Managing General Partner of EP Operating Co. v. Federal Energy Regulatory Commission.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1357.
    Hill v. Britt et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-1368.
    Gulf States Utilities Co. v. Federal Energy Regulatory Commission.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-1385.
    Jones v. Psimos.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1408.
    Terry et al. v. New York State National Organization for Women et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1430.
    Apperson et al. v. Fleet Carrier Corp. et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-1439.
    Central Florida Clinic for Rehabilitation, Inc. v. Citrus County Hospital Board et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-1451.
    Livengood v. Thedford.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-1459.
    Lanese v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1494.
    Zola v. Interstate Commerce Commission et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-1513.
    Magnum Towing, Inc., et al. v. Dade County et al.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 89-1514.
    Posada v. Dallas County Child Welfare Unit of the Texas Department of Human Services.
   Ct. App. Tex., 5th Dist. Certiorari denied.


text:
    No. 89-1515.
    Rushen, Director, California Department of Corrections v. Spain.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1519.
    Winterbourne v. Workers’ Compensation Appeals Board et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1520.
    Cook Inlet Tribal Council et al. v. Catholic Social Services, Inc., et al.
   Sup. Ct. Alaska. Certiorari denied.


text:
    No. 89-1523.
    Cox-Uphoff Corp. et al. v. Mentor Corp. et al.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-1524.
    Schermerhorn et al. v. Illinois Department of Registration and Education et al.
   App. Ct. 111., 1st Dist. Certiorari denied.


text:
    No. 89-1525.
    Nobel-Sysco Foods Services Co. v. Toledo.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-1534.
    Tesla Packaging Inc. et al. v. Rubin et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-1543.
    Fisher v. Lyons et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1544.
    Reyes v. California.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 89-1554.
    Blackwelder et al. v. Life & Health Services, Inc.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 89-1595.
    Lewis v. VISA USA Inc. et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-1624.
    Moering et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1638.
    Ewing v. Citytrust.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6430.
    Marin v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6554.
    Neumann v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-6586.
    Nunez v. Texas.
   Ct. Crina. App. Tex. Certiorari denied.


text:
    No. 89-6587.
    Hinton, aka Haq v. Leonardo, Warden.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6655.
    Baker v. Stickrath, Superintendent, Orient Correctional Institution.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6767.
    Platt v. Ohio.
   Ct. App. Ohio, Delaware County. Certiorari denied.


text:
    No. 89-6811.
    Banks-El v. Clark, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6855.
    Williams v. Government of the Virgin Islands.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6866.
    Reed v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6871.
    Daniel v. Government of the Virgin Islands.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6950.
    Lufkin v. City of Paducah.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6956.
    Gamertsfelder v. United States et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6991.
    Mikesell v. Department of Transportation, National Transportation Safety Board, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7014.
    Jones v. Michigan Department of Education.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7015.
    Holoway v. Evans, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-7016.
    Lundy v. Cambell, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7032.
    Mujica v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7033.
    Lind v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7046.
    Grisso v. Department of Health and Human Services.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-7052.
    Tuttle v. Tuttle.
   Dist. Ct. App. Fla., 2d Dist. Certiorari denied.


text:
    No. 89-7064.
    Hampel et vir v. Autoridad de Energia Electrica de Puerto Rico et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-7066.
    Gullett v. Armontrout, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-7070.
    Williams v. Georgia.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-7072.
    Cooper v. Dugger, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-7074.
    Shelton v. Phillups.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7075.
    Shelton v. New York.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7079.
    Veneri v. Casey, Governor of Pennsylvania, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-7082.
    Grizzell v. McWherter, Governor of Tennessee, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7090.
    Hernandez v. Colorado.
   Sup. Ct. Colo. Certiorari denied.


text:
    No. 89-7092.
    McQuillion v. Maynard, Director, Oklahoma Department of Corrections.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-7101.
    Crosby v. Georgia.
   Sup. Ct. Ga. Certiorari denied.


text:
    No. 89-7102.
    Brooks v. First Bank National Assn.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 89-7103.
    Brewer v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 89-7113.
    Irvin v. City of Clarksville et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7115.
    Koulizos v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-7131.
    Addleman v. Dolliver, Chief Justice, Supreme Court of Washington, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7132.
    Brown v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-7139.
    Mills v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7141.
    Golden v. United States.
   C. A. 4th Cir.. Certiorari denied.


text:
    No. 89-7143.
    Paz Uribe v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-7145.
    Parrott v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-7161.
    Wilson v. Denton et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7196.
    Edgington et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7242.
    Lundstrom v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-7243.
    McLaughlin v. Latessa.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-7244.
    Mines v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-7246.
    Lovingood v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-7247.
    Jordan v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-7252.
    Clark v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-7254.
    Elmendorf v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7263.
    Whirty v. Latessa, Superintendent, Massachusetts Correctional Institution.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-7269.
    Ruzzo v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-7270.
    Geter v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-7283.
    Zuckerman v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-7303.
    Castillo v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7356.
    Williams v. Walker, Superintendent, Auburn Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1343.
    DeSisto College, Inc., et al. v. Line et al.
   C. A. 11th Cir. Certiorari denied.

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


text:
    No. 89-1510.
    Kleemann et al. v. McDonnell Douglas Corp.
   C. A. 4th Cir. Certiorari denied.

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


text:
    No. 89-1529.
    Dowd, Superintendent, Farmington Correctional Center v. Chitwood.
   C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 89-1532.
    Flight Engineers’ International Assn., PAA Chapter, AFL-CIO v. Pan American World Airways, Inc., et al.
   C. A. 2d Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-7216.
    No. 89-7218.
    Brown v. Dixon, Warden. Thomas v. Jones, Warden, et al.
   C. A. 4th Cir.; and C. A. 11th Cir. 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 certiorari and vacate the death sentences in these cases.


text:
    No. 88-7459.
    No. 89-1222.
    No. 89-1267.
    No. 89-1291.
    No. 89-5624.
    No. 89-6333.
    No. 89-6633.
    Jones v. South Carolina, Ahktar, dba Circle Mobil v. Bird Oil Co., Rosenthal v. State Bar of California, Moshkelgosha et al. v. Prince George’s County, Maryland, Smith v. South Carolina, Davis v. Mississippi, Spivey v. Kemp, Warden,
   494 U. S. 1060;

494 U. S. 1030;

494 U. S. 1066;

494 U. S. 1067;

494 U. S. 1060;

494 U. S. 1074; and

494 U. S. 1074. Petitions for rehearing denied.


text:
    No. 88-6456.
    Sayles v. Circuit Court of Bedford County, Virginia,
   489 U. S. 1087. Motion for leave to file petition for rehearing denied.


text:
    May 29, 1990
    No. 89-1564.
    Poole et al. v. Gresham et al.
   Affirmed on appeal from D. C. N. D. Ga.


text:
    No. A-818 (89-7056).
    Blackmon v. Texas.
   Ct. Crim. App. Tex. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, granted pending this Court’s action on 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 remain in effect pending the issuance of the mandate of this Court.


text:
    No. A-822.
    Bilcik et al. v. United States et al.
   Application for stay of an order of the United States District Court for the Southern District of New York, dated June 30, 1989, presented to Justice Marshall, and by him referred to the Court, denied.


text:
    No. D-819.
    In re Disbarment of Chang.
   Disbarment entered. [For earlier order herein, see 493 U. S. 949.]


text:
    No. D-839.
    In re Disbarment of Higginbotham.
   Disbarment entered. [For earlier order herein, see 493 U. S. 973.]


text:
    No. D-856.
    In re Disbarment of Sands.
   Disbarment entered. [For earlier order herein, see 493 U. S. 1066.]


text:
    No. D-875.
    In re Disbarment of Stoner.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1015.]


text:
    No. D-881.
    In re Disbarment of Shoemaker.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1053.]


text:
    No. D-883.
    In re Disbarment of Singer.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1053.]


text:
    No. D-885.
    In re Disbarment of Sanders.
   Disbarment entered. [For earlier order herein, see 494 U. S. 1053.]


text:
    No. D-900.
    In re Disbarment of Skevin.
   It is ordered that John M. Skevin, of Hackensack, N. J., be suspended from the practice of law in this Court and that a rule issue, returnable ■within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-901.
    In re Disbarment of Olster.
   It is ordered that Bruce A. Olster, of Green Pond, N. J., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-902.
    In re Disbarment of Metz.
   It is ordered that William A. Metz, 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-903.
    In re Disbarment of Hagman.
   It is ordered that Gary L. Hagman, of Weatherford, Tex., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 88-1916.
    Minnesota v. Olson, ante, p. 91.
   Motion of petitioner respecting the mandate and judgment of this Court denied.


text:
    No. 89-1563.
    Williams et al. v. Stone.
   C. A. 2d Cir. Motion of petitioners to defer consideration of the petition for writ of certiorari granted.


text:
    No. 89-6702.
    Carter v. Nesby et al.
   C. A. 2d Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until June 19, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

Justice 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. 89-7211.
    In re Beas.
   Petition for writ of mandamus denied.


text:
    No. 89-1555.
    Dennis v. Higgins, Director, Nebraska Department of Motor Vehicles, et al.
   Sup. Ct. Neb. Certiorari granted.


text:
    No. 89-1391.
    No. 89-1392.
    Rust et al. v. Sullivan, Secretary of Health and Human Services; and New York et al. v. Sullivan, Secretary of Health and Human Services.
   C. A. 2d Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument.


text:
    No. 89-7272.
    Harmelin v. Michigan.
   Ct. App. Mich. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to Question III presented by the petition.


text:
    No. 89-894.
    Connolly, Secretary of State of Massachusetts, et al. v. Securities Industry Assn. et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-1191.
    Evans et al. v. City of Chicago et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1218.
    Doe, as Next Best Friend of Doe, a Minor v. Bobbitt et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1313.
    Bross v. Derwinski, Secretary of Veterans Affairs, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1349.
    110-118 Riverside Tenants Corp. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1371.
    David R. Webb Co., Inc. v. National Labor Relations Board.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1380.
    Crider v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1395.
    Barnhart v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1397.
    Garza et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-1412.
    Kaufman et al. v. City of New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1458.
    Mannheim Video, Inc. v. Cook County.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-1472.
    ACW Airwall, Inc., et al. v. United States District Court for the District of Puerto Rico.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-1483.
    Ramirez v. Oregon State Bar et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-1516.
    Harris, Governor of Georgia, et al. v. Luckey et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-1530.
    People for Responsible Omaha Urban Development v. Army Corps of Engineers et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-1547.
    Salminen v. Terry, Special Administratrix of the Estate of Stein, et al.
   Ct. App. Minn. Certiorari denied.


text:
    No. 89-1551.
    Pogue v. White Stone Baptist Church et al.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 89-1553.
    Underwood v. Servicemen’s Group Insurance.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-1558.
    Stephens et al. v. McKinney et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-1561.
    Campbell, Administratrix of the Estate of Campbell v. City of Philadelphia et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-1579.
    Griffing v. Children’s Home Society of Florida, Inc.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 89-1639.
    Appleman v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1649.
    Isibor v. Board of Regents of the State University and Community College System of Tennessee et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-1663.
    Fiumara v. O’Brien, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-1668.
    Stanfield v. Horn et al.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 89-1669.
    Greco v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1673.
    Pope v. Bond et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-1692.
    D’Ottavio v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-1700.
    Parker v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5493.
    Griffin et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5727.
    Simpson et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5896.
    Romero v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6072.
    Caulk v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6134.
    Acosta v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-6282.
    Herrada v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6287.
    Burks v. United States; Cannon v. United States; and Puskar v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6414.
    Green v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-6429.
    Newman v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6692.
    Griffith v. Rolfs, Superintendent, Twin Rivers Corrections Center.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-6792.
    Duncan v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6794.
    Grancorvitz v. Cooke, Superintendent, Kettle Moraine Correctional Institution.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-6837.
    Nettles v. Dugger, Secretary, Florida Department of Corrections, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-6860.
    Thomas v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 89-6887.
    Terrell v. Illinois.
   Sup. Ct. 111. Certiorari denied.


text:
    No. 89-6899.
    Santoyo v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6920.
    Stull v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-6924.
    Hernandez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-6925.
    Savage v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-6942.
    Silvers v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-6945.
    Pinelli v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-6972.
    Lake v. California.
   Ct. App. Cal., 5th App. Dist. Certiorari denied.


text:
    No. 89-7009.
    Castillo et al. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-7084.
    Sharp v. Kemna, Superintendent, Western Missouri Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-7086.
    Smalley v. Conroy.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-7089.
    Rentschler v. Missouri.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 89-7096.
    Lynch v. Pearce et al.; and Lynch v. Maass, Superintendent, Oregon State Penitentiary, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7099.
    Horner v. Illinois.
   App. Ct. 111., 2d Dist. Certiorari denied.


text:
    No. 89-7107.
    Austin v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-7109.
    Allustiarte et al. v. Cooper.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7111.
    Allustiarte et al. v. Cooper.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7112.
    Walker v. Cadillac Motor Car Division et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 89-7118.
    Martin v. Supreme Court of Pennsylvania et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-7119.
    Martin v. Supreme Court of Pennsylvania.
   Sup. Ct. Pa. Certiorari denied.


text:
    No. 89-7123.
    Friedman v. New York City Department of Housing and Development Administration et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-7125.
    R. P. Z. v. New Jersey.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-7126.
    Martin v. Shank et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-7127.
    Lepiscopo v. Penitentiary Hospital of New Mexico et al.
   Sup. Ct. N. M. Certiorari denied.


text:
    No. 89-7128.
    Robinson v. Dubina et al.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 89-7135.
    Barnthouse v. Jackson, fka Barnthouse.
   Ct. App. Colo. Certiorari denied.


text:
    No. 89-7137.
    Lechiara v. Miller et al.
   Cir. Ct. Monongalia County, W. Va. Certiorari denied.


text:
    No. 89-7140.
    Pugh v. Puckett, Superintendent, Mississippi State Penitentiary, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7142.
    Howard v. Pluckett et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-7147.
    Chisler v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 89-7148.
    Salmon v. Corpus Christi Independent School District.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7151.
    Richardson v. Collins, Director, Texas Department of Criminal Justice.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7155.
    Smith v. Alexander, Warden.
   C. A. 6th-Cir. Certiorari denied. Reported below: 888 F. 2d 399.


text:
    No. 89-7162.
    Barham v. Powell, Commissioner, New Hampshire Department of Corrections, et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-7171.
    Ismail v. Old Kent Bank & Trust Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7177.
    Gafford v. Estelle, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7209.
    Demos v. Gardner et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7256.
    Green v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-7257.
    Green v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-7288.
    Keaton v. Freestone County, Texas, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-7311.
    Simmons v. Holsey Temple Christian Methodist Episcopal Church et al.
   Ct. App. Ga. Certiorari denied.


text:
    No. 89-7316.
    Clark v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-7330.
    Mackbee v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7331.
    Miranda-Hernandez v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-7346.
    Turner v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7351.
    Terrell v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-7352.
    Wesley v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-7363.
    McCabe v. Callahan et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-1216.
    Port Ship Service, Inc. v. Norton Lilly & Co., Inc.
   C. A. 5th Cir. Certiorari denied. Justice White would grant certiorari.


text:
    No. 89-6264.
    No. 89-6814.
    White v. Texas. Stewart v. Dugger, Secretary, Florida Department of Corrections. Valdez v. Texas. Bell v. California. Roberts v. Georgia. Cargill v. Zant, Warden.
   Ct. Crim. App. Tex.;

C. A. 11th Cir.;

No. 89-6841.

No. 89-6875.

No. 89-6882.

No. 89-7048.

Ct. Crim. App. Tex.;

Sup. Ct. Cal.;

Sup. Ct. Ga.; and

Sup. Ct. Ga. 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 certiorari and vacate the death sentences in these cases.


author: Justice Marshall,

text:
    No. 89-6484.
    Granviel v. Texas.
   C. A. 5th Cir. Certiorari denied.

Justice Marshall,

with whom Justice Brennan joins,

dissenting.

This case raises the question whether an indigent criminal defendant’s constitutional right to psychiatric assistance in preparing an insanity defense is satisfied by court appointment of a psychiatrist whose examination report is available to both the defense and prosecution. The Fifth Circuit, on habeas review, held that such an appointment is sufficient. Granviel v. Lynaugh, 881 F. 2d 185 (1989). This ruling is squarely inconsistent with our decision in Ake v. Oklahoma, 470 U. S. 68 (1985), that a State must provide an indigent defendant a psychiatrist to assist in preparing and presenting his defense. Ake mandates the provision of a psychiatrist who will be part of the defense team and serve the defendant’s interests in the context of our adversarial system. To allow the prosecution to enlist the psychiatrist’s efforts to help secure the defendant’s conviction would deprive an indigent defendant of the protections that our adversarial process affords all other defendants.

Kenneth Granviel was tried for capital murder in 1983. Prior to trial, Granviel requested that the court appoint a mental health expert to help him prepare an insanity defense. He specifically asked that the expert’s report not be made available to the prosecution. The trial court denied petitioner’s request for confidential expert assistance; it did, however, appoint a disinterested expert whose report would go to both the defense and prosecution, as authorized by Tex. Code Crim. Proc. Ann., Art. 46.03(3) (Vernon 1979 and Supp. 1990). That statute provides:

“(a) If notice of intention to raise the insanity defense is filed . . . , the court may, on its own motion or motion by the defendant, his counsel, or the prosecuting attorney, appoint disinterested experts experienced and qualified in mental health and mental retardation to examine the defendant with regard to the insanity defense and to testify thereto at any trial or hearing on this issue.
“(b) The court may order any defendant to submit to examination for the purposes described in this article. . . .
“(c) The court shall advise any expert appointed pursuant to this section of the facts and circumstances of the offense with which the defendant is charged and the elements of the insanity defense.
“(d) A written report of the examination shall be submitted to the court within 30 days of the order of examination, and the court shall furnish copies of the report to the defense counsel and the prosecuting attorney.”

See also Art. 46.02 (providing for court appointment of expert to determine defendant’s competency to stand trial). Pursuant to this law, the court also allowed the prosecution, over Granviel’s objection, to rebut Granviel’s evidence of insanity with the report of a psychiatrist appointed at Granviel’s request.

In Ake, we held that “when a defendant demonstrates to the trial judge that his sanity at the time of the offense is to be a significant factor at trial, the State must, at a minimum, assure the defendant access to a competent psychiatrist who will conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense.” 470 U. S., at 83 (emphasis added). Ake was concerned not with establishing a procedure whereby an independent examiner could determine the validity of a defendant’s insanity defense and present his findings to both parties and to the court. Rather, Ake was directed at providing a defendant with the tools necessary to present an effective defense within the context of our adversarial system, in which each party marshals evidence favorable to its side and aggressively challenges the evidence presented by the other side. In that adversarial system, “the psychiatrists for each party enable the [court or] jury to make its most accurate determination of the truth on the issue before them.” Id., at 81. Thus, we recognized in Ake that a defense psychiatrist is necessary not only to examine a defendant and to present findings to the judge or jury on behalf of the defendant, but also to “assist in preparing the cross-examination of a State’s psychiatric witnesses,” id., at 82, and in determining “how to interpret their answers,” id., at 80. Just as an indigent defendant’s right to legal assistance would not be satisfied by a State’s provision of a lawyer who, after consulting with the defendant and examining the facts of the case and the applicable law, presented everything he knew about the defendant’s guilt to the defendant, the prosecution, and the court, so his right to psychiatric assistance is not satisfied by provision of a psychiatrist who must report to both parties and the court.

Ake’s requirement of psychiatric assistance does not mean that a defendant can shop around for a psychiatrist “of his personal liking” or “receive funds” from the State to hire a psychiatrist on his own. Id., at 83. The trial court retains the authority to choose the psychiatrist, as long as that psychiatrist is competent. Nevertheless, the function of the psychiatrist chosen by the court is still to assist the defendant in preparing and presenting his defense. Of course, Ake does not guarantee a psychiatrist “who will reach biased or only favorable conclusions.” 881 F. 2d, at 192. If the psychiatrist appointed to assist the defendant determines that the defendant was not insane at the time of the offense, he probably will not be able to provide much helpful testimony for the defense on the insanity issue. But the psychiatrist’s determination may not be revealed to the prosecution for use as evidence any more than may the results of the investigation and research of the defendant’s court-appointed lawyer.

Texas’ provision of a “disinterested” expert thus does not satisfy Ake. Texas may, of course, provide for appointment of such an expert to aid the factfinder in determining the validity of a defendant’s insanity defense. Cf. Fed. Rule Evid. 706. Such an appointment, however, must supplement — not take the place of — appointment of a psychiatrist to assist the defendant in preparing and presenting his defense.

Granviel is entitled to a new trial because he was deprived of the assistance required under Ake. Furthermore, as this result is dictated by Ake, which we decided before petitioner’s conviction became final, Granviel’s claim is not barred by this Court’s decision in Teague v. Lane, 489 U. S. 288, 301 (1989). Because the Fifth Circuit’s misinterpretation of Ake substantially undermines an indigent defendant’s ability to present an effective defense, I would grant the petition to reaffirm our holding in Ake. Even if Granviel did not have a meritorious Ake claim, I would grant the petition and vacate petitioner’s death sentence on the ground that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. Gregg v. Georgia, 428 U. S. 153, 231 (1976) (Marshall, J., dissenting).


text:
    No. 89-7120.
    Willard v. Westinghouse Electric Corp.
   C. A. 3d Cir. Certiorari before judgment denied.


text:
    No. 89-527.
    No. 89-6518.
    No. 89-6636.
    Callahan, Superintendent, McNeil Island Correction Facility v. Robtoy; and DuCharme, Superintendent, Washington State Reformatory v. Norman, Lindsey v. Louisiana, Sherrills v. Perini,
   494 U. S. 1061;

494 U. S. 1074; and

494 U. S. 1068. Petitions for rehearing denied.