text:
    No. 89-5385.
    No. 89-5433.
    No. 89-5510.
    No. 89-5535.
    No. 89-5547.
    No. 89-5548.
    No. 89-5589.
    No. 89-5741.
    Gates v. Zant, Superintendent, Georgia Diagnostic and Classification Center. Liles v. Oklahoma. Rutherford v. Florida. Ferguson v. Snyder, Circuit Judge for the Eleventh Judicial Circuit. Andrews v. Barnes, Warden. Hallford v. Alabama. Fitzgerald v. Thompson, Warden. Taylor v. Tennessee.
   C. A. 11th Cir.;

Ct. Crim. App. Okla.;

Sup. Ct. Fla.;

Sup. Ct. Fla.;

Sup. Ct. Utah;

Sup. Ct. Ala.;

Ct. App. Va.; and

Sup. Ct. Tenn. Cer-tiorari denied. Reported below: No. 89-5385, 863 F. 2d 1492; No. 89-5510, 545 So. 2d 853; No. 89-5535, 548 So. 2d 662; No. 89-5547, 779 P. 2d 228; No. 89-5548, 548 So. 2d 547; No. 89-5589, 6 Va. App. 38, 366 S. E. 2d 615; No. 89-5741, 774 S. W. 2d 163.

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.


source: Caselaw Access Project

author: Justice Marshall,

license: Public Domain

text:
    No. 89-5503.
    Lynn v. Alabama.
   Ct. Crim. App. Ala. Cer-tiorari denied.

Justice Marshall,

with whom Justice Brennan 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, 231 (1976) (Marshall, J., dissenting), I would grant the petition for certiorari and vacate the death sentence in this case. Even if I did not hold this view, I would grant the petition to determine whether a prosecutor’s reliance on a nonracial criterion in exercising his peremptory jury challenges violates the Equal Protection Clause where that criterion is highly correlated to race and the bias that the prosecutor seeks to exclude through the use of that criterion could easily have been discovered on voir dire.

Petitioner Frederick Lynn, an Afro-American, was convicted of murder by an all-white jury and sentenced to death. During voir dire, the prosecutor exercised 11 of his 14 peremptory challenges to remove all of the potential Afro-American jurors. The crime occurred in Barbour County, Alabama, a small community with approximately equal white and Afro-American populations. General Population Characteristics, Alabama, Census of Population 2-15 (1980) (13,693 whites, 11,003 Afro-Americans). Certain neighborhoods within the community are populated predominately by people of color.

While Lynn’s appeal was pending, this Court lowered the threshold showing required for a criminal defendant to establish a prima facie case of purposeful discrimination in jury selection. Batson v. Kentucky, 476 U. S. 79, 97 (1986). To make out such a case, a defendant must establish first that he is a member of a cognizable racial group and that the prosecutor has acted to remove members of that group from the venire; second, that the procedure used by the State permits those “who are of a mind to discriminate” to do so; and third, that the facts and circumstances of the case raise the inference that the State acted in a discriminatory manner. Id., at 96. To rebut a prima facie case of racial discrimination, the prosecutor must offer a “ ‘clear and reasonably specific’ explanation of his ‘legitimate reasons’ for exercising the challenges.” Id., at 98, n. 20 (quoting Texas Dept. of Community Affairs v. Burdine, 450 U. S. 248, 258 (1981)). We subsequently determined that the ruling in Batson applies retroactively to state convictions pending on direct review at the time of the Batson decision. Griffith v. Kentucky, 479 U. S. 314 (1987).

The Alabama Court of Criminal Appeals remanded Lynn’s case to the trial court to conduct an evidentiary hearing on his Batson claim. At that hearing, the prosecutor gave a juror-by-juror explanation of his peremptory strikes. The prosecutor stated that he exercised his fourth strike to exclude an Afro-American juror that “live[d] on the Gammage Road in an area where the defendant, Frederick Lynn, was living at the time of this crime, and also where . . . the defendant’s grandmother and aunt . . . have lived for numerous years. I felt that friendship would possibly be there that would bias [the juror], and for that reason struck him.” App. 5 to Pet. for Cert. 7. The prosecutor indicated that he struck another juror on similar grounds:

“She also lives on Gammage Road and was a neighbor to [defendant’s grandmother] and also [defendant’s aunt], and also was living in close proximity to the defendant who was living with his grandmother and aunt at the time of the crime. We felt the possibility of knowing these people might affect her fairness, and for that reason we struck her.” Id., at 11 (emphasis added).

On cross-examination, the prosecutor stated that the area along Gammage Road is populated primarily by people of color. Id., at 20.

The trial court determined that these explanations rebutted petitioner’s prima facie case of discrimination in jury selection. The Alabama Court of Criminal Appeals, applying a “clear error” standard to the trial court’s determination, affirmed in a split decision. Ex parte Lynn, 543 So. 2d 709 (Ala. 1988).

In a small community with racially identifiable neighborhoods, an individual’s address closely corresponds to his or her race. In this case, the prosecutor justified two of his strikes on the possibility that the challenged venirepersons “might” have known persons connected with or interested in the trial merely because they lived in the same neighborhood. Yet the prosecutor did not ask these potential jurors whether they actually knew anyone involved in the trial, although he had ample opportunity to do so on voir dire. Such an inquiry is a standard part of voir dire practice. In fact, if the prosecutor’s true concern was the challenged jurors’ familiarity with persons interested in the trial’s outcome, he could have established the validity of that concern and struck such jurors for cause, preserving the State’s peremptory strikes. His failure to do so suggests that the proxy for bias on which he actually relied was not place of residence but race.

Mere place of residence, or any other factor closely related to race, should not be regarded as a legitimate basis for exercising peremptory challenges without some corroboration on voir dire that the challenged venirepersons actually entertain the bias underlying the use of that factor. This is true particularly when, as in this case, the prosecutor can easily ascertain the existence of the alleged bias without use of the overly broad proxy for bias. To hold otherwise would render Batson’s protections against race discrimination in jury selection illusory.

Accordingly, I would find that the prosecutor’s uncorroborated suspicions of bias on the part of two challenged venirepersons insufficient to rebut the prima facie case of discrimination in this case. A Batson violation occurs when a prosecutor strikes any juror on the basis of race. Batson, supra, at 99, n. 22 (“The standard we adopt under the Federal Constitution is designed to ensure that a State does not use peremptory challenges to strike any black juror because of his race”). I dissent.


text:
    No. 88-5032.
    No. 88-6190.
    Ruiz v. California, Williams v. Ohio,
   488 U. S. 871; and

489 U. S. 1040. Motions for leave to file petitions for rehearing denied.


text:
    November 6, 1989
    No. 89-401.
    Wecht, President of the Allegheny County Board of Prison Inspectors, et al. v. Inmates of the Allegheny County Jail et al.
   C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of University of Texas v. Camenisch, 451 U. S. 390 (1981).


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


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

Justice Blackmun dissents and would grant the motion.


text:
    No. A-62 (89-243).
    Eli Lilly & Co. v. Medtronic, Inc.
   C. A. Fed. Cir. [Certiorari granted, ante, p. 889.] Application for recall and stay of mandate of the United States Court of Appeals for the Federal Circuit, addressed to The Chief Justice and referred to the Court, denied.

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


text:
    No. A-166 (89-5728).
    Preuss v. District of Columbia et al.
   Ct. App. D. C. Application for stay, addressed to Justice Brennan and referred to the Court, denied.


text:
    No. A-300 (88-2043).
    Baliles, Governor of Virginia, et al. v. Virginia Hospital Assn.
   C. A. 4th Cir. [Certiorari granted, ante, p. 808.] Application for stay of District Court proceedings, presented to The Chief Justice, and by him referred to the Court, denied.


text:
    No. D-814.
    In re Disbarment of Bernstein.
   It is ordered that Zale A. Bernstein, 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-815.
    In re Disbarment of Shimek.
   It is ordered that Paul Shimek, Jr., of Pensacola, 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-816.
    In re Disbarment of Chandler.
   It is ordered that Robert Thomas Chandler, of Spokane, Wash., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-817.
    In re Disbarment of Singer.
   It is ordered that Phillip Singer, of Beverly Hills, 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-818.
    In re Disbarment of Saul.
   It is ordered that Edwin S. Saul, of Encino, 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-819.
    In re Disbarment of Chang.
   It is ordered that Timothy Theodore Chang, of El Segundo, 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-820.
    In re Disbarment of McDonnell.
   It is ordered that John Joseph McDonnell, of Chicago, 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-821.
    In re Disbarment of Elliott.
   It is ordered that Alfred Elliott, of Overland Park, Kan., 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-822.
    In re Disbarment of Masters.
   It is ordered that Alan Masters, of Summit, III, 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-823.
    In re Disbarment of Winter.
   It is ordered that Edward John Winter, Jr., of Miami, Fla., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-824.
    In re Disbarment of Hopp.
   It is ordered that Kenneth H. Hopp, of Yucaipa, 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-825.
    In re Disbarment of Koslow.
   It is ordered that David Solomon Koslow, of Los Angeles, 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-826.
    In re Disbarment of Rudd.
   It is ordered that Leon J. Rudd, of Boca Raton, 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-827.
    In re Disbarment of Coghlan.
   It is ordered that John P. Coghlan, Jr., of Chicago, 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. 87-2012.
    No. 87-2051.
    No. 88-49.
    FW/PBS, Inc., dba Paris Adult Bookstore II, et al. v. City of Dallas et al.; M. J. R., Inc., et al. v. City of Dallas; and Berry et al. v. City of Dallas et al.
   C. A. 5th Cir. [Certiorari granted, 489 U. S. 1051.] Motion of petitioners M. J. R., Inc., et al. for leave to file a supplemental brief after argument granted. Request of petitioners FW/PBS, Inc., et al. for leave to join the supplemental brief granted.


text:
    No. 87-2066.
    W. S. Kirkpatrick & Co., Inc., et al. v. Environmental Tectonics Corp., International.
   C. A. 3d Cir. [Certiorari granted, 492 U. S. 905.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-325.
    American Trucking Assns., Inc., et al. v. Smith, Director, Arkansas Highway and Transportation Department, et al.
   Sup. Ct. Ark. [Certiorari granted, 488 U. S. 954.] Motion of respondents for leave to file a brief on reargument granted.


text:
    No. 88-493.
    University of Pennsylvania v. Equal Employment Opportunity Commission.
   C. A. 3d Cir. [Certio-rari granted, 488 U. S. 992 and 490 U. S. 1015.] Motion of President and Fellows of Harvard College for leave to file a brief as amicus curiae 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, 492 U. S. 917.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-1943.
    Office of Personnel Management v. Richmond.
   C. A. Fed. Cir. [Certiorari granted, ante, p. 806.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 88-6546.
    Duro v. Reina, Chief of Police, Salt River Department of Public Safety, Salt River Pima-Maricopa Indian Community, et al.
   C. A. 9th Cir. [Certiorari granted, 490 U. S. 1034.] Motion of Rosebud Sioux Tribe et al. for leave to file a brief as amici curiae granted.


text:
    No. 88-6613.
    Boyde v. California.
   Sup. Ct. Cal. [Certio-rari granted, 490 U. S. 1097.] Motion for appointment of counsel granted, and it is ordered that Dennis A. Fischer, Esq., of Santa Monica, Cal., be appointed to serve as counsel for petitioner in this case.


text:
    No. 88-7164.
    Horton v. California.
   Ct. App. Cal., 6th App. Dist. [Certiorari granted, ante, p. 889.] Motion for appointment of counsel granted, and it is ordered that Juliana Drous, Esq., of San Francisco, Cal., be appointed to serve as counsel for petitioner in this case.


text:
    No. 88-7194.
    Taylor v. United States.
   C. A. 8th Cir. [Certiorari granted, ante, p. 889.] Motion for appointment of counsel granted, and it is ordered that Bruce Livingston, Esq., of St. Louis, Mo., be appointed to serve as counsel for petitioner in this case.


text:
    No. 89-189.
    Ricketts, Director, Arizona Department of Corrections, et al. v. Jeffers.
   C. A. 9th Cir. [Certiorari granted, ante, p. 889.] Motion for appointment of counsel granted, and it is ordered that James S. Liebman, Esq., of New York, N. Y., be appointed to serve as counsel for respondent in this case.


text:
    No. 89-641.
    Garnett, by and Through his Next Friend, Smith, et al. v. Renton School District No. 403 et al.
   C. A. 9th Cir. Motion of petitioners to expedite consideration of petition for writ of certiorari denied.


text:
    No. 89-5614.
    Hopkins v. Arizona Department of Real Estate et al.
   Ct. App. Ariz. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until November 27, 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, 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. 89-584.
    In re Marik.
   Petition for writ of habeas corpus denied.


text:
    No. 89-5600.
    In re Maker.
   Petition for writ of mandamus denied.


text:
    No. 89-98.
    Davis et ux. v. United States.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 89-474.
    Grady, District Attorney of Dutchess County v. Corbin.
   Ct. App. N. Y. Certiorari granted.


text:
    No. 89-431.
    Yellow Freight System, Inc. v. Donnelly.
   C. A. 7th Cir. Certiorari granted limited to Question 1 presented by the petition.


text:
    No. 88-2085.
    Local 30, United Slate, Tile & Composition Roofers, Damp & Waterproof Workers Assn., et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 88-7300.
    Conner v. Director, Division of Adult Corrections of Iowa.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 88-7322.
    Stumpf v. Commissioner of Internal Revenue.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 88-7477.
    Bentley v. Carlson, Former Director, Bureau of Prisons, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 88-7607.
    Johnson v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 88-7611.
    Johnston v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-34.
    Barrios-Moriera v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-47.
    Coleman et al. v. Yeutter, Secretary of Agriculture, et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-73.
    Jaffee v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 89-75.
    Parrillo v. Parrillo.
   Sup. Ct. R. I. Certio-rari denied.


text:
    No. 89-127.
    Castiglione v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-175.
    Evans v. United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 89-179.
    Town of Beech Mountain, North Carolina, et al. v. County of Watauga, North Carolina, et al.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 89-196.
    No. 89-394.
    Railroad Commission of Texas v. Federal Energy Regulatory Commission; and Walker Operating Corp. et al. v. Federal Energy Regulatory Commission.
   C. A. 10th Cir. Certiorari denied. Reported below: 874 F. 2d 1320.


text:
    No. 89-237.
    Payne v. Immigration and Naturalization Service.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-246.
    Squittieri et al. v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-264.
    Durham v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-274.
    Greenleaf Motor Express, Inc., et al. v. National Labor Relations Board.
   C. A. 6th Cir. Certio-rari denied.


text:
    No. 89-283.
    Amy Travel Services, Inc., et al. v. Federal Trade Commission.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-329.
    National Tool & Manufacturing Co., Inc. v. LePore.
   Sup.' Ct. N. J. Certiorari denied.


text:
    No. 89-342.
    Sherman v. Nissan Motor Corp. et al.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 89-372.
    Amanda Acquisition Corp. v. Universal Foods Corp. et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-434.
    Julien v. Baker.
   Ct. App. Tex., 14th Dist. Certiorari denied.


text:
    No. 89-457.
    McClure et ux. v. Jefferson Arms Corp.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 89-463.
    Tierney v. New Mexico.
   Ct. App. N. M. Certiorari denied.


text:
    No. 89-466.
    Maalouf v. Kazan.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-491.
    No. 89-520.
    American Investors of Pittsburgh, Inc., et al. v. United States; and Zytnick v. United States.
   C. A. 3d Cir. Certiorari denied. Reported below: 879 F. 2d 1087.


text:
    No. 89-495.
    Alexander v. Massachusetts Labor Relations Commission.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 89-499.
    Firth et al. v. Solgar Maryland Realty, Inc., et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-509.
    City of Philadelphia et al. v. Walmsley, Administratrix of the Estate of Walmsley, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-526.
    Rivera del Socorro v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-587.
    Roper v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5057.
    Volanty v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5067.
    Fields et al. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5102.
    Johnson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5175.
    Marco L. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5191.
    Williams v. Michigan.
   Ct. App. Mich. Certiorari denied.


text:
    No. 89-5304.
    Sedillo v. Sullivan, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5348.
    Sturdivant v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 89-5361.
    Bertram v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5380.
    Burrell v. Stock et al.
   C. A. 5th Cir. Certiorari. denied.


text:
    No. 89-5403.
    Obalaja v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5532.
    Laurenco v. Sullivan, Secretary, Department of Health and Human Services.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5571.
    Chicco v. Radio Station WBSM et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5573.
    Fleming v. Makel, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5577.
    Scruggs v. Moellering et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5582.
    Demos v. Supreme Court of Washington.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 89-5583.
    Harkrider v. Sullivan, Sheriff of Arapahoe County, Colorado, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5588.
    Rodriguez v. Kelly, Superintendent, Attica Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5592.
    Asch et ux. v. Merrill Lynch, Pierce, Fenner & Smith Inc. et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5597.
    Telepo v. Arnold et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5607.
    Lepiscopo v. Mowrer, Judge, District Court of New Mexico, Second Judicial District, et al.
   Sup. Ct. N. M. Certiorari denied.


text:
    No. 89-5625.
    Ospina-Villa v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5639.
    Sparks v. Sparks.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 89-5643.
    Darroman v. United States Parole Commission.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5646.
    Myers v. Iberia Parish Council et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5652.
    Birdwell v. McMahon et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5663.
    Gallardo et al. v. Quinlan et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5668.
    Boren, aka Williams v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5671.
    Lowe v. Wells, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5673.
    Nieto v. Sullivan, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5677.
    Smith v. Pennsylvania Unemployment Compensation Board of Review.
   Pa. Commw. Ct. Certiorari denied.


text:
    No. 89-5682.
    Simmons v. Lynaugh, Director, Texas Department of Corrections, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5687.
    Tyree et al. v. Thornburgh, Attorney General of the United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-5693.
    Kerris v. United States Court of Appeals for the Eleventh Circuit.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5695.
    Cordero v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5696.
    Rigdon v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5716.
    Cordeiro v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-5744.
    Justice v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5750.
    Himitola et al. v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5760.
    Morales v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5764.
    Fritz v. Barker, Judge, Kentucky Circuit Court at Fayette, et al.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 89-5766.
    Monson v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 88-1042.
    Fernandez v. Fernandez.
   Sup. Ct. Conn. Certiorari denied.

Justice Blackmun would grant certiorari.


text:
    No. 89-280.
    Estate of Leavitt et al. v. Commissioner of Internal Revenue.
   C. A. 4th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-282.
    Combined Insurance Company of America v. Ainsworth.
   Sup. Ct. Nev. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-440.
    Clardy, Executrix of the Estate of Clardy, et al. v. Sanders.
   Sup. Ct. Ala. Certiorari denied. Justice White would grant certiorari.


text:
    No. 89-441.
    Menard-Sanford et al. v. A. H. Robins Co., Inc., et al.
   C. A. 4th Cir. Certiorari denied. Justice White would grant certiorari.


text:
    No. 89-442.
    Anderson et al. v. Aetna Casualty & Surety Co. et al.
   C. A. 4th Cir. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-456.
    Vintage Enterprises, Inc. v. Jaye et ux.
   Sup. Ct. Ala. Certiorari denied.

Justice White would grant certiorari.


text:
    No. 89-295.
    Stone v. Williams et al.
   C. A. 2d Cir. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari denied.


text:
    No. 89-5279.
    West v. United States.
   C. A. 4th Cir. Certiorari denied.

Justice Brennan and Justice White would grant certiorari.


author: Justice Brennan and Justice Marshall,

text:
    No. 89-5634.
    Perry v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th 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 sentence in this case.


text:
    No. 88-6895.
    No. 88-7362.
    No. 88-7364.
    No. 88-7580.
    No. 88-7609.
    No. 88-7622.
    Heightland v. United States, McDonald v. Yellow Cab Metro, Inc., Martinez v. New Mexico et al., McDonald v. Johnson, Mathews v. Louisiana et al., McDonald v. Tennessee, Sturm v. California, McDonald v. Metropolitan Government for Nashville and Davidson County et al., Lucas v. United States, McDonald v. Onoh, Moon v. Newsome et al., Parker v. Parsons, Warden, et al., Connelly v. Grossman et al.,
   ante, p. 826;

ante, p. 833;

ante, p. 833;

ante, p. 843;

ante, p. 844;

ante, p. 845;

No. 89-5012.

No. 89-5027.

No. 89-5035.

No. 89-5070.

No. 89-5172.

No. 89-5311.

No. 89-5415.

ante, p. 856;

ante, p. 857;

ante, p. 857;

ante, p. 859;

ante, p. 863;

ante, p. 883; and

ante, p. 870. Petitions for rehearing denied.


text:
    No. 88-5861.
    No. 88-5988.
    Guzman v. California, In re Martin,
   488 U. S. 1050; and

489 U. S. 1009. Motions for leave to file petitions for rehearing denied.


text:
    November 13, 1989
    No. 89-52.
    United States v. Albertson.
   C. A. D. C. Cir. Certiorari dismissed under this Court’s Rule 53.


text:
    No.-.
    Firey v. Washington et al.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. A-299 (89-555).
    Musslewhite v. State Bar of Texas.
   Sup. Ct. Tex. Application for stay and other relief, addressed to Justice Marshall and referred to the Court, denied.


text:
    No. D-799.
    In re Disbarment of Davis.
   Disbarment entered. [For earlier order herein, see 492 U. S. 931.]


text:
    No. D-802.
    In re Disbarment of Rollman.
   Disbarment entered. [For earlier order herein, see 492 U. S. 931.]


text:
    No. D-803.
    In re Disbarment of DiRicco.
   Disbarment entered. [For earlier order herein, see 492 U. S. 931.]


text:
    No. D-828.
    In re Disbarment of Kavanaugh.
   It is ordered that Michael Joseph Kavanaugh, of Millford, 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-829.
    In re Disbarment of Isis.
   It is ordered that Herman T. Isis, of Coral Gables, 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-830.
    In re Disbarment of Nicholson.
   It is ordered that Brandt Nicholson, of San Francisco, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-831.
    In re Disbarment of Brass.
   It is ordered that E. Lawrence Brass, of Hempstead, 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-832.
    In re Disbarment of Batkin.
   It is ordered that Lewis M. Batkin, of Hempstead, 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-833.
    In re Disbarment of Laird.
   It is ordered that Joseph R. Laird, Jr., of Sherman Oaks, 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-834.
    In re Disbarment of Raikos.
   It is ordered that John D. Raikos, of Indianapolis, Ind., 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-835.
    In re Disbarment of Thorp.
   It is ordered that Charles Monroe Thorp III, of Pittsburgh, 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. 74,
    Orig.
    Georgia v. South Carolina.
   Motion of South Carolina for leave to file a rebuttal brief granted. [For earlier order herein, see, e. g., ante, p. 802.]


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, 492 U. S. 917.] Motion of Abortion Rights Council et al. for leave to consider their brief as amici curiae filed in No. 88-790, Tumock, Director of the Illinois Department of Public Health, et al. v. Ragsdale et al. [probable jurisdiction postponed, 492 U. S. 916], and No. 88-805, Ohio v. Akron Center for Reproductive Health et al. [probable jurisdiction noted, 492 U. S. 916], filed in these cases granted.


text:
    No. 88-1597.
    Board of Education of the Westside Community Schools (Dist. 66) et al. v. Mergens, by and Through her Next Friend, Mergens, et al.
   C. A. 8th Cir. [Certiorari granted, 492 U. S. 917.] Motion of the Solicitor General for divided argument granted.


text:
    No. 88-1650.
    Tafflin et al. v. Levitt et al.
   C. A. 4th Cir. [Certiorari granted in part, 490 U. S. 1089.] Motion of petitioners for leave to file petition for rehearing of partial denial of petition for writ of certiorari denied.


text:
    No. 88-1671.
    No. 88-1688.
    United States Department of Labor v. Triplett et al.; and Committee on Legal Ethics of the West Virginia State Bar v. Triplett et al.
   Sup. Ct. App. W. Va. [Certiorari granted, ante, p. 807.] Motion of the Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 88-1872.
    No. 88-2074.
    Rutan et al. v. Republican Party of Illinois et al.; and Frech et al. v. Rutan et al.
   C. A. 7th Cir. [Certiorari granted, ante, p. 807.] Motion of petitioners/cross-respondents to dispense with printing the joint appendix granted.


text:
    No. 89-459.
    Delta Air Lines, Inc. v. Association of Flight Attendants, AFL-CIO.
   C. A. D. C. Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 89-510.
    Meachum, Commissioner, Connecticut Department of Corrections v. Alexander.
   C. A. 2d Cir. Motion of respondent for leave to proceed informa pauperis granted.


text:
    No. 89-682.
    Colorado Department of Social Services et al. v. AMISUB (PSL), dba AMI St. Luke’s Hospital, Inc., et al.
   C. A. 10th Cir. Motion of respondents to expedite consideration of petition for writ of certiorari denied.


text:
    No. 89-494.
    In re Sparks.
   Petition for writ of mandamus denied.


text:
    No. 89-255.
    United States v. Energy Resources Co., Inc., et al.
   C. A. 1st Cir. Certiorari granted.


text:
    No. 89-5383.
    Howlett, a Minor, by and Through Howlett, his Mother, Natural Guardian, and Next Friend v. Rose, as Superintendent of Schools for Pinellas County, Florida, et al.
   Dist. Ct. App.. Fla., 2d Dist. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.


text:
    No. 88-2019.
    No. 89-134.
    Pennsylvania v. Gibbs; and Gibbs v. Pennsylvania.
   Sup. Ct. Pa. Certio-rari denied. Reported below: 520 Pa. 151, 553 A. 2d 409.


text:
    No. 88-7549.
    Carter v. Superior Court of California, Sacramento County, et al.
   Ct. App. Cal., 3d App. Dist. Certiorari denied.


text:
    No. 88-7626.
    Rivera v. Oroweat Foods Co., Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-29.
    Lewis v. Louisiana.
   Ct. App. La., 2d Cir. Certiorari denied.


text:
    No. 89-155.
    Horner v. United States Parole Commission.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-205.
    Guiney v. Roache.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-245.
    Garcia v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-290.
    Jones et al. v. Truck Drivers Local Union No. 299.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-311.
    Consolidated Gas Company of Florida, Inc. v. Federal Energy Regulatory Commission.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-327.
    Lucas et al. v. Lloyd’s Leasing et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-350.
    Lantana Cascade of Palm Beach, Ltd. v. Lanca Homeowners, Inc.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 89-362.
    Roe et al. v. Doe et al.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 89-405.
    Moki Mac River Expeditions, Inc. v. Arizona Department of Revenue.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 89-422.
    Williams v. Healey.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-438.
    Greg’s Hess Station, Inc. v. New Jersey Commissioner of Transportation et al.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 89-468.
    Douglas v. Legal Ethics Committee of the West Virginia State Bar.
   Sup. Ct. App. W. Va. Certiorari denied.


text:
    No. 89-472.
    White et al. v. Celotex Corp. et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-477.
    Chandler’s Cove Inn, Ltd. v. Holland, Judge, United States District Court for the Eastern District of New York.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-487.
    Republic of Ghana et al. v. Trefalcon Corp. et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-489.
    Smith v. Massachusetts Institute of Technology et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-490.
    Jay v. Sucher et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-492.
    Nistank v. Kaboli.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 89-500.
    Millwright Local No. 1079 v. United Brotherhood of Carpenters & Joiners of America et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-502.
    Wolfberg v. Greenberg.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-505.
    Thompson v. Hinton, Judge, Fleming Circuit Court.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 89-507.
    Pacific Lighting Land Co. v. Johnson et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-519.
    Burr et vir v. Huthnance Drilling Co. et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-545.
    Bowling v. Bronner et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-561.
    LaRaia v. Phillis et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-574.
    Miller v. City of Lock Haven et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-581.
    Corporation of Mercer University v. United States Gypsum Co. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-614.
    Local 112, International Brotherhood of Electrical Workers, AFL-CIO v. Bray et al.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 89-622.
    Trimper v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 89-633.
    Civelli v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-639.
    National Funeral Services, Inc. v. Caperton, Governor of West Virginia, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5006.
    Logsdon v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5019.
    Gober v. Kentucky.
   Sup. Ct. Ky. Certiorari denied.


text:
    No. 89-5095.
    Dakins v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-5163.
    Watkins v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5215.
    Thompson v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5241.
    Moss v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 89-5244.
    Erbe v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 89-5284.
    Channell, aka Channel v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-5431.
    Delgado v. Arizona.
   Ct. App. Ariz. Certiorari denied.


text:
    No. 89-5568.
    Robinson v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 89-5615.
    Martin v. Delaware Law School of Widener University et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5617.
    Chaplin v. Prudential-Bache Securities Inc.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5618.
    Coleman, aka Woodson v. Williams, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5620.
    Adams v. Petsock, Superintendent, State Correctional Institution at Pittsburgh, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5623.
    Harmer v. Madison Circuit Court et al.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 89-5628.
    Walls v. Delaware.
   Sup. Ct. Del. Certiorari denied.


text:
    No. 89-5630.
    Eddlemon v. Texas.
   Ct. App. Tex., 5th Dist. Certiorari denied.


text:
    No. 89-5644.
    Ali v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-5647.
    Holbrook v. Williams, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5648.
    Adams v. Fulcomer, Superintendent, State Correctional Institution at Huntingdon, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5650.
    Fisher v. Estelle, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5651.
    Bandgren v. Mercury Mortgage Co., Inc.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5655.
    MacGuire v. Florida Bar.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 89-5656.
    Mohr v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5657.
    Whittaker v. Butler, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5658.
    Moore v. Butler County Jail et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5659.
    Perrino v. Henderson, Superintendent, Auburn Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5669.
    Selsor v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 89-5706.
    Trujillo v. Kerby, Warden, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5724.
    Figueroa v. Sullivan, Secretary of Health and Human Services.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5725.
    Brown v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5739.
    Parker v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5745.
    Serrano Sepulveda v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5751.
    Garces et al. v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5763.
    Schmanke v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5769.
    Labine v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5771.
    Byrd et al. v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 89-5772.
    Lenis-Llanos v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5774.
    Acquisti v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5776.
    Montes v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5783.
    No. 89-5793.
    Villarreal-Farias v. United States; and Richardson v. United States.
   C. A. 11th Cir. Certiorari denied. Reported below: 880 F. 2d 376.


text:
    No. 89-5796.
    Martinez-Gutierrez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5803.
    Anguiano v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5804.
    Chafin v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5808.
    Makres v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5811.
    Shaw v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5813.
    Wilson v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5816.
    Holmes v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5830.
    Tinsley v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5845.
    Esparza v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-228.
    Volkswagen of America, Inc., et al. v. Gibbs et al.
   Super. Ct. N. J., App. Div. Motion of Product Liability Advisory Council, Inc., for leave to file a brief as amicus curiae granted. Certiorari denied.


text:
    No. 89-449.
    United Services Automobile Assn. et al. v. Foster, Insurance Commissioner of Pennsylvania, et al.
   C. A. 3d Cir. Motion of Financial Services Council et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 89-522.
    Powell, Commissioner, Department of Corrections, et al. v. Coppola.
   C. A. 1st Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.


text:
    No. 89-5593.
    No. 89-5595.
    Rondon v. Indiana. Hinton v. Alabama. Martin v. Alabama. Ellis v. Lynaugh, Director, Texas Department of Corrections.
   Sup. Ct. Ind.;

Sup. Ct. Ala.;

No. 89-5626.

No. 89-5683.

Sup. Ct. Ala.; and

C. A. 5th Cir. Certiorari denied. Reported below: No. 89-5593, 534 N. E. 2d 719; No. 89-5595, 548 So. 2d 562; No. 89-5626, 548 So. 2d 496; No. 89-5683, 873 F. 2d 830.

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. 88-1964.
    No. 88-2026.
    No. 88-5682.
    No. 88-7104.
    No. 88-7221.
    No. 88-7291.
    No. 88-7359.
    No. 88-7603.
    No. 89-18.
    No. 89-5031.
    No. 89-5045.
    No. 89-5056.
    No. 89-5210.
    No. 89-5211.
    No. 89-5216.
    No. 89-5254.
    No. 89-5462.
    Polyak v. Hamilton, Judge, Chancery and Circuit Courts of Lawrence County, Pacyna v. Marsh, Secretary of the Army, et al., Levitt v. University of Texas at El Paso et al., Baker v. United States, In re Martin, Thomas v. Cowley, Warden, et al., Gibson v. Turner, Superintendent, Renz Correctional Center at Cedar City, Missouri, Hooper v. District of Columbia Office of Human Rights, Winer v. Nixon, Lawson v. Tanedo et al., Hazime v. United States, Silvaggio v. California, Martin v. Delaware Law School of Widener University, Inc., et al., Martin v. Supreme Court of Pennsylvania et al., Campbell v. McCormick, Warden, Singleton v. McKellar, Warden, et al., Hardin v. Boyd Circuit Court et al.,
   ante, p. 815;

ante, p. 819;

488 U. S. 984;

ante, p. 827;

ante, p. 806;

ante, p. 831;

ante, p. 833;

ante, p. 844;

ante, p. 847;

ante, p. 857;

ante, p. 858;

ante, p. 895;

ante, p. 875;

ante, p. 876;

ante, p. 895;

ante, p. 874; and

ante, p. 898. Petitions for rehearing denied.


text:
    November 16, 1989
    No. 89-5989 (A-371).
    Julius v. Jones, Warden.
   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:
    November 17, 1989
    No. 8,
    Orig.
    Arizona v. California et al.
   It is ordered that Robert B. McKay, Esq., of New York, N. Y., Professor Emeritus, New York University School of Law, be appointed Special Master in this case to reopen decree to determine disputed boundary claims with respect to the Fort Mojave, Colorado River, and Fort Yuma Indian Reservations. He shall have the authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and the authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit such reports as he may deem appropriate.

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

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

[For earlier order herein, see, e. g., ante, p. 886.]


text:
    November 20, 1989
    No. A-377.
    Lankford v. Idaho.
   Application for stay of execution of sentence of death, presented to Justice O’Connor, and by her referred to the Court, granted pending the timely filing and disposition by this Court of a petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of cer-tiorari is granted, this stay shall continue in effect pending the issuance of the mandate of this Court.


text:
    November 22, 1989
    No. A-378 (89-5892).
    Silva v. California.
   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 certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court.


text:
    November 27, 1989
    No. 89-5863.
    Goudie, aka Webster v. General Telephone Company of the Southeast et al.
   Appeal from Cir. Ct. W. Va., Jefferson County, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.


text:
    No. D-787.
    In re Disbarment of Prantil.
   Disbarment entered. [For earlier order herein, see 490 U. S. 1062.]


text:
    No. D-836.
    In re Disbarment of Evans.
   It is ordered that James Clifford Evans, of Pittsburgh, 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-837.
    In re Disbarment of Marcone.
   It is ordered that Frank J. Marcone, of Springfield, 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-838.
    In re Disbarment of Adelman.
   It is ordered that Barry Leonard Adelman, of Philadelphia, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-839.
    In re Disbarment of Higginbotham.
   It is ordered that William S. Higginbotham, of Athens, Ga., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-840.
    In re Disbarment of Pemberton.
   It is ordered that Charles A. Pemberton, of Decatur, Ga., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-841.
    In re Disbarment of Farley.
   It is ordered that Milliard Eugene Farley, of Cleveland, Ohio, 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. 108,
    Orig.
    Nebraska v. Wyoming et al.
   Third motion of the Special Master for compensation and reimbursement of expenses granted, and the Special Master is awarded $97,843.24 to be paid to him 20 percent by the United States and 40 percent each by the States of Nebraska and Wyoming. [For earlier order herein, see, e. g., 492 U. S. 903.]


text:
    No. 87-6700.
    Selvage v. Lynaugh, Director, Texas Department of Corrections.
   C. A. 5th Cir. [Certiorari granted, ante, p. 888.] Motion of petitioner to suspend briefing and further consideration denied. Motion of petitioner to certify question to Court of Criminal Appeals of Texas denied.


text:
    No. 88-325.
    American Trucking Assns., Inc., et al. v. Smith, Director, Arkansas Highway and Transportation Department, et al.
   Sup. Ct. Ark. [Certiorari granted, 488 U. S. 954.] Motion of petitioners for leave to file a supplemental brief on reargument 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, 492 U. S. 917.] Motion of respondent Thad C. McCanse, Guardian ad Litem, for divided argument denied.


text:
    No. 88-1595.
    No. 88-1771.
    Kaiser Aluminum & Chemical Corp. et al. v. Bonjorno et al.; and Bonjorno et al. v. Kaiser Aluminum & Chemical Corp. et al.
   C. A. 3d Cir. [Certiorari granted, 491 U. S. 903.] Motion of respondents/cross-petitioners, Joseph Bonjorno et al., to open oral argument and to present a summary outline of issues for use in determining the order of oral argument denied.


text:
    No. 88-1897.
    Michigan Department of State Police et al. v. Sitz et al.
   Ct. App. Mich. [Certiorari granted, ante, p. 806.] Motion of Insurance Institute for Highway Safety et al. for leave to file a brief as amici curiae granted.


text:
    No. 88-1905.
    Keller et al. v. State Bar of California et al.
   Sup. Ct. Cal. [Certiorari granted, ante, p. 806.] Motion of Trayton L. Lathrop for leave to file a brief as amicus curiae granted.


text:
    No. 88-2123.
    Department of the Treasury, Internal Revenue Service v. Federal Labor Relations Authority et al.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 807.] Motion of the Acting Solicitor General to dispense with printing the joint appendix granted.


text:
    No. 89-386.
    Port Authority Trans-Hudson Corp. v. Feeney; and Port Authority Trans-Hudson Corp. v. Foster.
   C. A. 2d Cir. [Certiorari granted, ante, p. 932.] Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 89-560.
    In re Norton.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 89-17.
    Professional Cabin Crew Assn. et al. v. National Mediation Board.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-33.
    Bobbitt v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 89-40.
    California v. Boyer.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 89-242.
    Pincham v. Illinois Judicial Inquiry Board et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-244.
    Pellegrini v. Massachusetts.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 89-267.
    Christopher v. Madison Hotel Corp.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-302.
    Hampton et al. v. Tennessee Board of Law Examiners et al.
   Ct. App. Tenn. Certiorari denied.


text:
    No. 89-323.
    Welex v. Dole, Secretary of Labor.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-349.
    Chila v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-358.
    Gill v. United States et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-368.
    Merck & Co., Inc. v. Biocraft Laboratories, Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-370.
    Price v. Digital Equipment Corp.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-377.
    International Union of Operating Engineers, Local 150, AFL-CIO, et al. v. Lowe Excavating Co.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 89-379.
    No. 89-5497.
    No. 89-5512.
    No. 89-5601.
    Coonan et ux. v. United States; Ritter v. United States; Bokun v. United States; and McElroy v. United States.
   C. A. 2d Cir. Certiorari denied. Reported below: 876 F. 2d 891.


text:
    No. 89-385.
    Barr v. United Parcel Service, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-388.
    No. 89-403.
    No. 89-552.
    City of New York et al. v. Seawall Associates et al.; Coalition for the Homeless v. Seawall Associates et al.; and Wilkerson et al. v. Seawall Associates et al.
   Ct. App. N. Y. Certiorari denied. Reported below: 74 N. Y. 2d 92, 542 N. E. 2d 1059.


text:
    No. 89-409.
    City of Milwaukee et al. v. Yeutter, Secretary of Agriculture, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-412.
    Hearn et al. v. City of Overland Park, Kansas.
   Sup. Ct. Kan. Certiorari denied.


text:
    No. 89-447.
    Pence, Individually and as Personal Representative and Administratrix of the Estate of Pence v. Board of County Commissioners of Hamilton County, Ohio, et al.
   Ct. App. Ohio, Hamilton County. Certiorari denied.


text:
    No. 89-448.
    Welch, Executive Director, South Carolina State Ports Authority, et al. v. Coakley.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-476.
    Town of Hull, Massachusetts, et al. v. Miller et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-517.
    Woods v. Hudak.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-528.
    Towne v. Tomlin Properties et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-529.
    Jakobowski v. Dubin.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-533.
    Denman Rubber Manufacturing Co. et al. v. Hall.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-537.
    Camp v. New York University et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-540.
    Davoli, Assistant Secretary, Louisiana Department of Corrections, et al. v. Frazier.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-543.
    Slayton v. Bechtel Power Corp. et al.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 89-546.
    Morris v. Wacker et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-547.
    Ohio v. Booher.
   Ct. App. Ohio, Defiance County. Certiorari denied.


text:
    No. 89-548.
    Bilecki et ux. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-550.
    Cantrell et vir v. Buchanan.
   Ct. App. Tenn. Certiorari denied.


text:
    No. 89-555.
    Musslewhite v. State Bar of Texas.
   Sup. Ct. Tex. Certiorari denied.


text:
    No. 89-559.
    Atkins v. West Virginia.
   Sup. Ct. App. W. Va. Certiorari denied.


text:
    No. 89-570.
    Morris v. Massachusetts Board of Registration in Medicine.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 89-576.
    Frey, Director, Metropolitan Corrections Department, et al. v. Masters.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-577.
    Waldo R., Inc., et al. v. Pipefitters Health and Welfare Trust et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-583.
    Wilson et al. v. Armstrong World Industries, Inc., et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-585.
    McDonald et al. v. Gottlieb et al.
   Ct. App. Wash. Certiorari denied.


text:
    No. 89-586.
    Malinak v. Matelich.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 89-615.
    Reardon et al. v. Reardon et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-620.
    Elliott v. Anderson.
   Sup. Jud. Ct. Me. Cer-tiorari denied.


text:
    No. 89-626.
    Fox et al. v. Connecticut.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-629.
    Storino v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-652.
    Safir v. United States Lines, Inc., et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-665.
    Yazdchi v. Immigration and Naturalization Service.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-668.
    Powell et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-681.
    Jason v. Roadway Express, Inc., et al.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 89-685.
    Hubbard Chevrolet Co. v. General Motors Corp.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-705.
    Mariorenzi v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 89-706.
    Corbett v. United States.
   Ct. Mil. App. Certiorari denied.


text:
    No. 89-5185.
    Banks v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5272.
    Woodruff v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5275.
    Morris v. Gluch, Warden.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5310.
    McCollum v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5343.
    McCroskey v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5353.
    Salas v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5355.
    Headlee v. Sullivan, Secretary of Health and Human Services.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5382.
    Alexander v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5413.
    Watson v. Brown, Director, Michigan Department of Corrections, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5419.
    Davis v. Estelle et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5420.
    Braden v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5502.
    Lopez-Torres v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5562.
    Moreno v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5661.
    Debrosse v. Ohio.
   Ct. App. Ohio, Miami County. Certiorari denied.


text:
    No. 89-5662.
    Sassower v. Dillon et al.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 89-5670.
    Barela v. Baker, Secretary of State.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5672.
    Polumbo v. New Mexico.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5674.
    Lightsey v. Texas.
   Ct. App. Tex., 1st Dist. Certiorari denied.


text:
    No. 89-5675.
    Gribble v. Livesay, Warden, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5679.
    Howard v. Davis, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5690.
    Hamilton v. Workers’ Compensation Appeals Board et al.
   Ct. App. Cal., 4th App. Dist. Certiorari denied.


text:
    No. 89-5692.
    O’Connor et ux. v. Lawry.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 89-5694.
    Dillon v. Walker, Superintendent, Auburn Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5698.
    Kirkman v. Sutton et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5699.
    Shannon v. Connecticut.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 89-5702.
    Gray v. Greer, Warden.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5703.
    Demos v. Supreme Court of Washington (two cases).
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 89-5709.
    Pastrana v. Puget Sound Naval Shipyard.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5710.
    Thomas v. Kansas State University et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5713.
    Eason v. Johnson, Warden, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5718.
    Richardson v. Arnold et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5726.
    Moore v. Tennessee.
   Sup. Ct. Tenn. Certiorari denied.


text:
    No. 89-5728.
    Preuss v. District of Columbia et al.
   Ct. App. D. C. Certiorari denied.


text:
    No. 89-5731.
    Spychala v. Rushen et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5733.
    Kucher v. Massachusetts.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-5735.
    Fair v. Bronson, Warden.
   Sup. Ct. Conn. Certiorari denied.


text:
    No. 89-5736.
    Kimelman v. City of Colorado Springs et al.
   Ct. App. Colo. Certiorari denied.


text:
    No. 89-5738.
    Bilder v. City of Akron.
   Ct. App. Ohio, Summit County. Certiorari denied.


text:
    No. 89-5740.
    Gardner v. Alabama et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5746.
    Carmack v. Hatcher, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5748.
    Gallagher v. Logson-Babich.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5752.
    Myles v. Castle Construction Co. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5754.
    Pate v. Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 89-5770.
    No. 89-5773.
    No. 89-5800.
    Nunez v. United States; Martinez v. United States; and Nunez v. United States.
   C. A. 10th Cir. Certiorari denied. Reported below: No. 89-5770, 877 F. 2d 1470; No. 89-5773, 877 F. 2d 1480; No. 89-5800, 877 F. 2d 1475.


text:
    No. 89-5775.
    No. 89-5891.
    In Ho Kim, aka Sang In Pak v. United States; and Jong Mun Park, aka Jong Soo Kim, et al. v. United States.
   C. A. 11th Cir. Certiorari denied. Reported below: 885 F. 2d 878.


text:
    No. 89-5778.
    Radcliff v. Northwest Manor, Inc., et al.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 89-5782.
    Flanery v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5790.
    Watts v. Johnson, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5794.
    Anderson, aka Alfonsi v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5805.
    Pickens v. Makel, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5806.
    Lovett v. Foltz, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5810.
    Forero v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5818.
    Bartlett v. Florida et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5824.
    Agar v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5829.
    Mantanona v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5835.
    Whitmore et al. v. New York Life Insurance Co.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5839.
    Siers v. Dugger, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5850.
    McCarty v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5851.
    Robinson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5852.
    Rosa-Ibarra v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5854.
    Fazzini v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-5858.
    Voigt v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5860.
    Gay v. Esposito, Superintendent, Metro Correctional Institution.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5862.
    Taylor v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5864.
    Baker v. United States; and Shaw v. United States.
   C. A. 5th Cir. Certiorari denied. Reported below: 883 F. 2d 13 (first case); 883 F. 2d 10 (second case).


text:
    No. 89-5866.
    Kohler v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5872.
    Avila v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5880.
    Williams v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5885.
    Barnette v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5886.
    Rogers v. United States.
   Ct. App. D. C. Certiorari denied.


text:
    No. 89-5887.
    Wagstaff-El v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5889.
    Musser v. United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-5906.
    De La Rosa v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-515.
    Rochester, New Hampshire, School District v. Timothy W., by his Mother and Next Friend, Cynthia W.
   C. A. 1st Cir. Motions of National School Boards Association et al. and National League of Cities et al. for leave to file briefs as amici curiae granted. Certiorari denied.


text:
    No. 89-531.
    Mountain States Telephone & Telegraph Co., dba Mountain Bell v. District Court, City and County of Denver, Colorado, et al.
   Sup. Ct. Colo. Motions of Chevron Corp. and Edison Electric Institute et al. for leave to file briefs as amici curiae granted. Certiorari denied. Justice O’Connor took no part in the consideration or decision of these motions and this petition.


text:
    No. 89-591.
    Lee v. Biden, United States Senator, et al.
   C. A. 9th Cir. Certiorari denied.

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


text:
    No. 89-5460.
    No. 89-5534.
    No. 89-5575.
    No. 89-5707.
    No. 89-5798.
    Rogers v. Texas. Morales v. California. Nolte v. Oklahoma. Mendyk v. Florida. Blanks v. Kemp, Warden.
   Ct. Crim. App. Tex.;

Sup. Ct. Cal.;

Ct. Crim. App. Okla.;

Sup. Ct. Fla.; and

Super. Ct. Ga., Butts County. Certiorari denied. Reported below: No. 89-5460, 774 S. W. 2d 247; No. 89-5534, 48 Cal. 3d 527, 770 P. 2d 244; No. 89-5707, 545 So. 2d 846.

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. 89-5765.
    Franz, Individually and as Next Friend of Simmons, et al. v. Lockhart, Director, Arkansas Department of Correction, et al.
   C. A. 8th Cir. Motion of the parties to consolidate this petition with No. 88-7146, Whitmore, Individually and as Next Friend of Simmons v. Arkansas et al. [certiorari granted, 492 U. S. 917], denied. Certiorari before judgment 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 sentence in this case.


text:
    No. 88-1708.
    Spawr Optical Research, Inc., et al. v. United States, Zill v. Avis Rent-a-Car Systems, Inc., Fleming v. Moore et al., Rosenberg v. Comerica Bank, Johnson v. Johnson et al., Vahlsing v. Maine, Streeter v. National Labor Relations Board, Woolworth v. Dugger, Secretary, Florida Department of Corrections, Stutzman v. Board of Education of the City of Chicago et al., Jarrells v. Georgia, Kerkman v. United States, Games v. Indiana, Devine v. Herald-Mail Co., Gorman v. United States, Doe v. United States, Kelly v. Hines-Rinaldi Funeral Home, Inc., Asch v. Philips, Appel & Walden, Inc., et al., Martin v. Townsend et al., Underwood v. Indiana, Westover v. United States, Van Leeuwen et vir v. United States et al., Potts v. Georgia, Forgey et ux. v. Baca State Bank et al., Harnage v. United States, Wright v. United States, Karaagac v. District of Columbia Board of Medicine, Robertson v. California, Nelson v. Ingram et al., Love v. United States, Noble v. Watkins, Secretary of Energy, Patner v. County of Lake, Woodward v. State Bar of Georgia et al., Robinson v. Quick et al., O’Connor v. Mulligan, Connor v. Sachs et al., Siegel v. Edmonds Co., Inc., Profit Sharing Plan et al., Kenna v. New Jersey, Lerman v. City of Portland, Maine, Grader v. City of Lynnwood, Brownlee v. Alabama, Thompson v. Alabama, Boyd v. Alabama, Church v. Thompson, Warden, et al., Davis v. Davis, Kinsman v. Georgia, Horne v. Allen Metropolitan Housing Authority, Tompkins v. University of South Alabama ROTC, Military Science Department, et al., Washington v. Martin et al., Tempel v. Valley Hospital et al., Morris v. Christian Hospital, Riva v. Getchell et al., Yang v. McCarthy et al., Veneri v. Casey, Governor of Pennsylvania, et al., Vinson v. Watkins, Lawrence v. United States Army (Fort Hood), Lawrence v. United States Army (TACOM), Cassady v. Adair, Individually and as Superintendent of Montgomery County Schools, et al., Perkins v. Illinois, In re Ogden, In re Sobamowo, Zarrilli v. Garrity et al., Brown-Bey v. United States, In re Sparks,
   ante, p. 809;

No. 88-1966.

No. 88-1979.

No. 88-2106.

No. 88-2116.

No. 88-2127.

No. 88-6850.

No. 88-6976.

No. 88-7139.

No. 88-7180.

No. 88-7204.

No. 88-7217.

No. 88-7278.

No. 88-7316.

No. 88-7388.

No. 88-7418.

No. 88-7429.

No. 88-7435.

No. 88-7465.

No. 88-7475.

No. 88-7491.

No. 88-7495.

No. 88-7504.

No. 88-7514.

No. 88-7597.

No. 88-7612.

No. 88-7619.

No. 88-7627.

No. 89-69.

No. 89-74.

No. 89-76.

ante, P 816;

ante, p. 816;

ante, p. 824;

ante, p. 824;

ante, p. 825;

ante, p. 826;

ante, p. 827;

ante, p. 828;

ante, p. 874;

ante, p. 828;

ante, p. 874;

ante, p. 830;

ante, p. 828;

ante, p. 906;

ante, p. 835;

ante, p. 835;

ante, p. 875;

ante, p. 900;

ante, p. 837;

ante, p. 838;

ante, p. 876;

ante, p. 839;

ante, p. 839;

ante, p. 844;

ante, p. 844;

ante, p. 879;

ante, p. 845;

ante, p. 849;

ante, p. 890;

ante, p. 849;

No. 89-88.

No. 89-105.

No. 89-160.

No. 89-185.

No. 89-203.

No. 89-249.

No. 89-340.

No. 89-341.

No. 89-5038.

No. 89-5040.

No. 89-5053.

No. 89-5066.

No. 89-5081.

No. 89-5099.

No. 89-5105.

No. 89-5143.

No. 89-5157.

No. 89-5192.

No. 89-5200.

No. 89-5264.

No. 89-5298.

No. 89-5330.

No. 89-5344.

No. 89-5372.

No. 89-5373.

No. 89-5386.

No. 89-5387.

No. 89-5409.

No. 89-5411.

ante, p. 849;

ante, p. 850;

ante, p. 853;

ante, p. 854;

ante, p. 854;

ante, p. 855;

ante, p. 894;

ante, p. 894;

ante, p. 874;

ante, p. 874;

ante, p. 883;

ante, p. 859;

ante, p. 859;

ante, p. 874;

ante, p. 860;

ante, p. 862;

ante, p. 862;

ante, p. 864;

ante, p. 864;

ante, p. 866;

ante, p. 868;

ante, p. 896;

ante, p. 896;

ante, p. 938;

ante, p. 938;

ante, p. 870;

ante, p 897;

ante, p. 888;

ante, p. 888;

No. 89-5530.

No. 89-5556.

No. 89-5642.

ante, p. 899;

ante, p. 899; and

ante, p. 916. Petitions for rehearing denied.


text:
    No. 86-1523.
    No. 87-1689.
    Chandler v. Chandler, Chandler v. Chandler et al.,
   481 U. S. 1049; and 486 U. S. 1023. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Motion for leave to file petition for rehearing denied.


text:
    No. 89-5271.
    Martin v. Pennsylvania State Real Estate Commission et al.,
   ante, p. 883. Petition for rehearing denied.

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


text:
    November 29, 1989
    No. A-412 (89-6144).
    Prejean v. Smith, Warden, et al.
   Sup. Ct. La. Application for stay of execution of sentence of death, presented to Justice White, 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 issuance of the mandate of this Court.


text:
    December 1, 1989
    No. 88-790.
    Turnock, Director of the Illinois Department of Public Health, et al. v. Ragsdale et al.
   C. A. 7th Cir. [Probable jurisdiction postponed, 492 U. S. 916.] Joint motion to defer further proceedings in this case granted.

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


text:
    December 4, 1989
    No. A-390.
    Clark v. Clark et al.
   Sup. Ct. Iowa. Application for stay, addressed to The Chief Justice and referred to the Court, denied.


text:
    No. A-401.
    Freeman et al. v. Pitts et al.
   Application for stay of mandate of the United States Court of Appeals for the Eleventh Circuit, presented to Justice Kennedy, and by him referred to the Court, denied. The order heretofore entered by Justice Kennedy on November 22, 1989, is vacated.


text:
    No. D-777.
    In re Disbarment of Cooper.
   Disbarment entered. [For earlier order herein, see 490 U. S. 1016.]


text:
    No. D-795.
    In re Disbarment of Held.
   Disbarment entered. [For earlier order herein, see 492 U. S. 930.]


text:
    No. D-805.
    In re Disbarment of Pollack.
   Disbarment entered. [For earlier order herein, see 492 U. S. 940.]


text:
    No. D-842.
    In re Disbarment of Eisenberg.
   It is ordered that Donald S. Eisenberg, of Miami Beach, 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-843.
    In re Disbarment of Brown.
   It is ordered that Lawrence Brown, of Encino, 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-844.
    In re Disbarment of Ray.
   It is ordered that R. Lewis Ray, of Winston-Salem, N. 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-845.
    In re Disbarment of Davis.
   It is ordered that C. Michael Davis, of Houston, Tex., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. D-846.
    In re Disbarment of Sanchez-Navarro.
   It is ordered that Peter Sanchez-Navarro, Jr., of Houston, 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. 105,
    Orig.
    Kansas v. Colorado.
   Motion of the Special Master for award of interim fees and expenses granted, and the Special Master is awarded a total of $83,082.76 to be paid by Kansas, Colorado, and the United States pursuant to the allocation order filed by the Special Master on October 9, 1989. [For earlier order herein, see, e. g., 489 U. S. 1005.]


text:
    No. 111,
    Orig.
    Delaware v. New York.
   Motion of Minnesota for leave to intervene referred to the Special Master. Motion of California, Michigan, Nebraska, Ohio, and Rhode Island for leave to file complaint in intervention referred to the Special Master. Motion of Colorado for leave to intervene referred to the Special Master. Motion of Arkansas, Florida, Iowa, Mississippi, Missouri, New Hampshire, and West Virginia for leave to file complaint in intervention referred to the Special Master. [For earlier order herein, see, e. g., ante, p. 929.]


text:
    No. 88-1872.
    Rutan et al. v. Republican Party of Illinois et al.
   C. A. 7th Cir. [Certiorari granted, ante, p. 807.] Motion of Independent Voters of Illinois Independent Precinct Organization et al. for leave to file a brief as amici curiae granted.


text:
    No. 88-1897.
    Michigan Department of State Police et al. v. Sitz et al.
   Ct. App. Mich. [Certiorari granted, ante, p. 806.] Motions of National Organization of Mothers Against Drunk Driving, Washington Legal Foundation et al., American Alliance for Rights and Responsibilities, Inc., et al., National Governors’ Association et al., and Appellate Committee of the California District Attorneys Association for leave to file briefs as amici curiae granted.


text:
    No. 88-1916.
    Minnesota v. Olson.
   Sup. Ct. Minn. [Certiorari granted, ante, p. 806.] Motion of respondent for leave to proceed further herein in forma pauperis granted. Motion for appointment of counsel granted, and it is ordered that Glenn P. Bruder, Esq., of Edina, Minn., be appointed to serve as counsel for respondent in this case.


text:
    No. 88-2043.
    Baliles, Governor of Virginia, et al. v. Virginia Hospital Assn.
   C. A. 4th Cir. [Certiorari granted, ante, p. 808.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-2102.
    Stewart et al. v. Abend, dba Authors Research Co.
   C. A. 9th Cir. [Certiorari granted, ante, p. 807.] Motion of Columbia Pictures Industries, Inc., et al. for leave to file a brief as amici curiae granted.


text:
    No. 88-2123.
    Department of the Treasury, Internal Revenue Service v. Federal Labor Relations Authority et al.
   C. A. D. C. Cir. [Certiorari granted, ante, p. 807.] Motion of respondent National Treasury Employees Union for divided argument granted.


text:
    No. 88-6546.
    Duro v. Reina, Chief of Police, Salt River Department of Public Safety, Salt River Pima-Maricopa Indian Community, et al.
   C. A. 9th Cir. [Certiorari granted, 490 U. S. 1034.] Motion of New Mexico et al. for leave to file a brief as amici curiae out of time denied.


text:
    No. 88-7351.
    Walton v. Arizona.
   Sup. Ct. Ariz. [Certiorari granted, ante, p. 808.] Motion of American Civil Liberties Union et al. for leave to file a brief as amici curiae granted.


text:
    No. 89-61.
    United States v. Ojeda Rios et al.
   C. A. 2d Cir. [Certiorari granted, ante, p. 889.] Motions for appointment of counsel granted, and it is ordered that Margaret P. Levy, Esq., of Hartford, Conn., be appointed to serve as counsel for respondents in this case.


text:
    No. 89-156.
    Pennsylvania Department of Public Welfare et al. v. Davenport et ux.
   C. A. 3d Cir. [Certiorari granted, ante, p. 808.] Motions of Council of State Governments et al. and Washington Legal Foundation et al. for leave to file briefs as amici curiae granted.


text:
    No. 89-593.
    Liberty Mutual Insurance Co. et al. v. Commissioner of Revenue of Massachusetts.
   Sup. Jud. Ct. Mass. The Solicitor General is invited to file a brief in this case expressing the views of the United States.


text:
    No. 89-5953.
    In re Stull et al.
   Petition for writ of habeas corpus denied.


text:
    No. 88-1260.
    Citibank, N. A. v. Wells Fargo Asia Ltd.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 89-333.
    California v. Federal Energy Regulatory Commission et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 89-369.
    General Motors Corp. v. United States.
   C. A. 1st Cir. Certiorari granted.


text:
    No. 88-7440.
    Jameson v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-284.
    Loftus et al. v. Commissioner of Internal Revenue et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-373.
    Alabama Power Co. et al. v. Environmental Defense Fund et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-378.
    Alabama ex rel. Siegelman, Attorney General of Alabama, et al. v. United States Environmental Protection Agency et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-411.
    Wistrom v. Duluth, Missabe & Iron Range Railway Co.
   Ct. App. Minn. Certiorari denied.


text:
    No. 89-418.
    Franco et al. v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 89-419.
    Johnson v. Duluth, Missabe & Iron Range Railway Co.
   Ct. App. Minn. Certiorari denied.


text:
    No. 89-430.
    Noons et al. v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-443.
    Cajun Electric Power Cooperative, Inc. v. Louisiana Public Service Commission.
   Sup. Ct. La. Certiorari denied.


text:
    No. 89-464.
    Wilson et al. v. Canterino, aka Williams, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-482.
    United States v. Washington, Individually and as Guardian ad Litem for Washington, a Minor.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-568.
    Chrysler Corp. et al. v. Smolarek et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-571.
    Administrators of the Tulane Educational Fund v. Presti et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-572.
    Helmsley et al. v. Beauford et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-578.
    Cain v. Larson, Police Chief, Village of Herscher, Illinois, et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-580.
    Abrams et al. v. Communications Workers of America, AFL-CIO.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-582.
    Potts et al. v. Illinois Department of Registration and Education.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 89-588.
    Noble v. McMillan et ux.
   Ct. App. La., 4th Cir. Certiorari denied.


text:
    No. 89-590.
    Wilkinson v. Safeway Stores, Inc., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-592.
    Gregory v. Gregory.
   Ct. App. Mo., Eastern Dist. Certiorari denied.


text:
    No. 89-594.
    Lane et ux. v. Peterson et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-596.
    Brainis v. Jefferson Parish School Board et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-598.
    Pelsnik v. City of Fairview Park, Ohio.
   Ct. App. Ohio, Cuyahoga County. Certiorari denied.


text:
    No. 89-600.
    St. Clair et al. v. City of Chico, California, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-602.
    Harvill v. Sparrow.
   Super. Ct. D. C. Certiorari denied.


text:
    No. 89-603.
    Bucholtz Aviation, Inc. v. City of Buffalo, New York.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 89-604.
    Ernst & Whinney v. Bradford-White Corp.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-605.
    Robertson v. State Board of Medical Examiners et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-608.
    Black et al. v. Bolin et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-611.
    Newsome, Warden v. Gunn.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-613.
    Engel v. Clark County, Nevada.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-619.
    Camoscio v. Crowley.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 89-621.
    Martinez, Governor of Florida, et al. v. Raske.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-637.
    Prozzillo et al. v. American States Insurance Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-638.
    Carvalho v. “Andrea C” et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-648.
    Diaz et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-717.
    Mayer et al. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-723.
    Gelb v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-725.
    Nelson v. PRN Productions, Inc., et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-727.
    The Portman v. National Labor Relations Board et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-733.
    Toth et al. v. USX Corp.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 89-744.
    Moody v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-752.
    Weinstein v. Ehrenhaus et al., dba Jack Ehrenhaus Associates.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5104.
    Ryono v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5173.
    Kitchen v. Ojeda et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5333.
    Joshua et ux. v. Newell, Foster Home Licensor, Department of Social and Health Services, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5394.
    Agnew v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5450.
    Navarro-Hernandez v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5495.
    Cooper v. Eleazer et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5519.
    No. 89-5720.
    Neubauer v. United States; and Hilling v. United States.
   C. A. 9th Cir. Certiorari denied. Reported below: 874 F. 2d 817.


text:
    No. 89-5546.
    Corbit v. Hotel Redmont et al.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 89-5603.
    Moore v. Virginia.
   Ct. App. Va. Certiorari denied.


text:
    No. 89-5622.
    Schoolcraft v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5636.
    Smith v. Mazurkiewicz, Superintendent, State Correctional Institution at Rockview, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5638.
    Barte v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5755.
    Gallagher v. Holland.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5756.
    Gallagher v. Curl.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5757.
    Gallagher v. Curl et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5758.
    Hayes v. BE&K Construction Co.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5759.
    Treadway v. Estelle, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5777.
    LeBlanc v. Jani-King, Inc., et al.
   Ct. App. La., 4th Cir. Certiorari denied.


text:
    No. 89-5779.
    Johns v. Yee.
   Sup. Ct. Haw. Certiorari denied.


text:
    No. 89-5780.
    Hartmann v. Hartmann et al.
   Ct. App. Mich. Certiorari denied.


text:
    No. 89-5781.
    McCleary v. Ray.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5785.
    Gambrell v. Martin et al.
   Super. Ct. N. J., App. Div. Certiorari denied.


text:
    No. 89-5786.
    Forsyth v. Williams et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5787.
    Woods v. Jones, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5788.
    Jackson v. General Motors Acceptance Corp.
   Sup. Ct. Ala. Certiorari denied.


text:
    No. 89-5791.
    Gray v. Lewis, Director, Arizona Department of Corrections.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5799.
    Lopez v. Tansy, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 89-5801.
    Davenport v. Pennsylvania.
   Super. Ct. Pa. Certiorari denied.


text:
    No. 89-5812.
    Henderson v. Butler, Warden, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5819.
    Holmes v. Horton, Warden, et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5820.
    Bond v. Johnstone et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5823.
    Ensminger v. Borg, Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5826.
    Spahr v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 89-5834.
    McDonald v. Bailey.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5836.
    Glunt v. Keohane, Warden.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5840.
    Nichols v. Jabe, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5841.
    Brown v. District of Columbia Department of Corrections et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 89-5842.
    James v. Evatt, Commissioner, South Carolina Department of Corrections.
   Sup. Ct. S. C. Certiorari denied.


text:
    No. 89-5843.
    Smith v. Puckett, Superintendent, Mississippi State Penitentiary at Parchman.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5846.
    Yowell v. Withrow.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5859.
    Allen v. Houston Chronicle Publishing Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5897.
    Turner v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 89-5905.
    Monger v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5908.
    Garcia v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-5910.
    Pritz v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5911.
    Mines v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 89-5912.
    Holland v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5919.
    Maskuli v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5921.
    Sciarrino v. United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 89-5932.
    Alvey v. Sowders, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 89-5942.
    Williams v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 89-5957.
    Papathanasion v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 89-5960.
    Mason v. Lockhart, Director, Arkansas Department of Correction.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 89-5965.
    Rivera v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 89-567.
    Jim Skinner Ford, Inc. v. Warren et ux.
   Sup. Ct. Ala. Motion of Automobile Dealers Association of Alabama et al. for leave to file a brief as amici curiae granted. Certiorari denied.

Justice White and Justice Blackmun would grant certiorari.


text:
    No. 89-2.
    No. 89-305.
    No. 89-306.
    No. 89-445.
    No. 89-461.
    No. 89-5117.
    No. 89-5483.
    Camoscio v. Tierney, Administrative Justice, Boston Municipal Court Department, et al., McGuire, Individually and as Mother and Next Friend of McGuire, a Minor v. City of Woodward, Oklahoma, et al., Riley v. United Parcel Service, Bruce v. Harlan & Harlan et al., Camoscio v. Dukakis et al., Clark v. New Mexico, Ditta v. Branch Motor Express & Freight Drivers, Helpers, Dockmen & Allied Workers, Local Union 375,
   ante, p. 845;

ante, p. 918;

ante, p. 918;

ante, p. 937;

ante, p. 920;

ante, p. 923; and

ante, p. 922. Petitions for rehearing denied.


text:
    No. 88-5763.
    Silva v. California,
   488 U. S. 1019. Motion for leave to file petition for rehearing denied.


text:
    December 5, 1989
    No. A-425 (89-6166).
    Tompkins 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.

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:
    December 6, 1989
    No. A-433.
    DeLuna v. Lynaugh, Director, Texas Department of Corrections.
   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 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:
    December 11, 1989
    No.-.
    Humphrey v. Bates et al.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.

Justice Blackmun dissents and would grant the motion.


text:
    No. D-806.
    In re Disbarment of Biaggi.
   Disbarment entered. [For earlier order herein, see 492 U. S. 941.]


text:
    No. D-809.
    In re Disbarment of Ehrlich.
   Disbarment entered. [For earlier order herein, see 492 U. S. 941.]


text:
    No. D-810.
    In re Disbarment of Simon.
   Disbarment entered. [For earlier order herein, see 492 U. S. 941.]


text:
    No. D-817.
    In re Disbarment of Singer.
   Phillip Singer, of Beverly Hills, Cal., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on November 6, 1989 [ante, p. 949], is hereby discharged.


text:
    No. D-847.
    In re Disbarment of Nixon.
   It is ordered that Walter L. Nixon, Jr., of Biloxi, 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-848.
    In re Disbarment of Williams.
   It is ordered that Gerald Duane Williams, of Portland, Ore., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.


text:
    No. 88-1281.
    Ngiraingas et al. v. Sanchez et al.
   C. A. 9th Cir. [Certiorari granted, ante, p. 807.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. Justice Kennedy took no part in the consideration or decision of this motion.


text:
    No. 88-1400.
    Franchise Tax Board of California et al. v. Alcan Aluminium Ltd. et al.
   C. A. 7th Cir. [Certiorari granted, 490 U. S. 1019.] Motion of respondent Imperial Chemical Industries PLC to expunge representations of counsel made during oral argument denied.


text:
    No. 88-1897.
    Michigan Department of State Police et al. v. Sitz et al.
   Ct. App. Mich. [Certiorari granted, ante, p. 806.] Motion of Mothers Against Drunk Driving in Michigan for leave to participate in oral argument as amicus curiae, for divided argument, and for additional time for oral argument denied. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 88-2018.
    Illinois v. Rodriguez.
   App. Ct. Ill., 1st Dist. [Certiorari granted, ante, p. 932.] Motion of respondent to supplement the record granted.


text:
    No. 88-7351.
    Walton v. Arizona.
   Sup. Ct. Ariz. [Certiorari granted, ante, p. 808.] Motion of petitioner for additional time for oral argument denied.